32-1001. Licenses, permits, stamps and other issues of the department; unlawful acts; penalties.
32-1001
32-1001. Licenses, permits, stamps and other issuesof the department; unlawful acts; penalties.(a) It is unlawful for any person to:
(1) Participate or engage in any activity for which such person is requiredto have obtained a license, permit, stamp or other issue of the departmentunder the wildlife and parks laws of this state or under rules and regulationsof the secretary unless such person has obtained a currently valid suchlicense, permit, stamp or other issue issued to such person;
(2) fail to carry in such person's possession a currently valid license,permit, stamp or other issue of the department, issued to such person, whileparticipating or engaging in any activity for which such person is required tohave obtained such license, permit, stamp or other issue under the wildlife andparks laws of this state or under rules and regulations of the secretary;
(3) refuse to allow examination of any license, permit, stamp or other issueof the department while participating or engaging in any activity for whichsuch person is required to have obtained such license, permit, stamp or otherissue under the wildlife and parks laws of this state or under rules andregulations of the secretary, upon demand by any officer or employee of thedepartment or any officer authorized to enforce the laws of this state or rulesand regulations of the secretary;
(4) while participating or engaging in fishing or hunting: (A) Fail to carryin such person's possession a card or other evidence which such person isrequired to carry pursuant to K.S.A. 32-980 and amendments thereto;or (B) refuse to allow inspection of such card or other evidence upon demand ofany officer or employee of the department or any officer authorized to enforcethe laws of this state or rules and regulations of the secretary; or
(5) make any false representation to secure any license, permit, stamp orother issue of the department, or duplicate thereof, or to make any alterationin any such license, permit, stamp or other issue.
(b) No person charged with violating subsection (a)(1) for failure to obtaina vehicle or camping permit for use of any state park, or any portion thereofor facility therein, or any other area or facility for which a vehicle orcamping permit is required pursuant to rules and regulations of the secretaryshall be convicted thereof unless such person refuses to purchase such permitafter receiving a permit violation notice, which notice shall require theprocurement of: (1) The proper daily permit or permits and payment, within 24hours, of a late payment fee of $15; or (2) an annual vehicle or campingpermit, as the case may be, if such permit has been established by rule andregulation and adopted by the secretary.
(c) (1) In any prosecution charging a violation of subsection (a)(1) forfailure to obtain a permit required by K.S.A. 32-901 and amendments thereto,proof that the particular vehicle described in the complaint was in violation,together with proof that the defendant named in the complaint was at the timeof the violation the registered owner of such vehicle, shall constitute inevidence a prima facie presumption that the registered owner of such vehiclewas the person who parked or placed such vehicle at the time when and placewhere the violation occurred.
(2) Proof of a written lease of, or rental agreement for, a particularvehicle described in the complaint, on the date and at the time of theviolation, which lease or rental agreement includes the name and addressof the person to whom the vehicle was leased or rented at the time of theviolation, shall rebut the prima facie evidence that the registered ownerwas the person who parked or placed the vehicle at the time when and placewhere the violation occurred.
(d) No person who is a resident of this state and charged with violatingsubsection (a)(1) or (a)(2) shall be convicted thereof if such person producesin court or the office of the arresting officer the appropriate license,permit, stamp or other issue of the department, lawfully issued to such personand valid at the time of such person's arrest.
(e) any person convicted of violating provisions of this section shall besubject to the penalties prescribed in K.S.A. 32-1031, and amendments thereto,except as provided in K.S.A. 32-1032, and amendments thereto, relating to biggame and wild turkey.
History: L. 1911, ch. 198, § 10; L. 1921, ch. 196, § 3;R.S. 1923, 32-106; L. 1970, ch. 154, § 1; L. 1982, ch. 175, § 8;L. 1989, ch. 118, § 113; L. 1991, ch. 107, § 1;L. 1993, ch. 185, § 8;L. 2001, ch. 131, § 2;L. 2002, ch. 96, § 5;L. 2003, ch. 108, § 3;L. 2005, ch. 182, § 6; July 1.