Kansas Statutes 48-939. Civil penalty for intentional violation of act or rules and regulations, orders or proclamations thereunder; enforcement through civil action by the attorney general or county or district attorney; injunction or restraining or…
Terms Used In Kansas Statutes 48-939
- disaster: means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or manmade cause, including, but not limited to, fire, flood, earthquake, wind, storm, epidemics, contagious or infectious disease, air contamination, blight, drought, infestation, explosion, riot, terrorism or hostile military or paramilitary action;
(e) "unorganized militia" means all able-bodied male and female persons between the ages of 16 and 50 years;
(f) "state disaster emergency plan" means the plan prepared and maintained by the division of emergency management pursuant to Kan. See Kansas Statutes 48-904
- Person: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, or any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing. See Kansas Statutes 48-941
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) (1) Except as provided in paragraph (2), a person who intentionally violates any provision of this act, any rule and regulation adopted by the adjutant general under this act or any lawful order or proclamation issued under authority of this act whether pursuant to a proclamation declaring a state of disaster emergency under Kan. Stat. Ann. § 48-924, and amendments thereto, or a declaration of a state of local disaster emergency under Kan. Stat. Ann. § 48-932, and amendments thereto, may incur a civil penalty in an amount not to exceed $2,500 per violation. Each penalty may be assessed in addition to any other penalty provided by law.
(2) A knowing violation of an executive order issued pursuant to Kan. Stat. Ann. § 48-925, and amendments thereto, that mandates a curfew or prohibits public entry into an area affected by a disaster is a class A nonperson misdemeanor.
(b) Violations of subsection (a)(1) shall be enforced through an action brought underchapter 60 of the Kansas Statutes Annotated, and amendments thereto, by the attorney general or the county or district attorney in the county in which the violation took place. Civil penalties sued for and recovered by the county or district attorney shall be paid into the general fund of the county where the proceedings were instigated.
(c) The attorney general or any county or district attorney may bring an action to enjoin, or to obtain a restraining order, against a person who has violated, is violating or is otherwise likely to violate this act.