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It is unlawful for any person, in a public or private place, knowing or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke any assault or breach of the peace, to do the following:
(A) Engage in brawling or fighting;
(B) Disturb an assembly or meeting, not unlawful in its character;
(C) Engage in offensive, obscene or abusive language or in boisterous and noisy conduct tending reasonably to arouse alarm, anger or resentment in others;
(D) Willfully and lewdly expose his or her person or the private parts thereof, or procure another to so expose himself or herself; and any open or gross lewdness or lascivious behavior or any act of public indecency;
(E) Whether or not posted with signs so prohibiting, voluntarily enter the waters of any river or public swimming pool at any time when the waters are not properly supervised by trained life-saving personnel in attendance for that purpose, or enter the waters without being garbed in a bathing suit sufficient to cover his or her person and equal to the standards generally adopted and accepted by the public;
(F) Urinate or defecate in a place other than:
(1) If on public property, then in a plumbing fixture provided for that purpose;
(2) If on the private property of another, then in a plumbing fixture provided for that purpose; or
(3) If on private property not owned or controlled by another, then within a building.
(G) Cause the making or production of an unnecessary noise by shouting or by any other means or mechanism, including the blowing of any automobile or other vehicle horn;
(H) Use a sound amplifier upon streets and public property without prior written permission from the city;
(I) Use a flash or spotlight in a manner so as to annoy or endanger others;
(J) Cause defacement, destruction or otherwise damage to any premises or any property located thereon;
(K) Strew, scatter, litter, throw, dispose of or deposit any refuse, garbage or rubbish onto any premises except into receptacles provided for that purpose;
(L) Enter any motor vehicle of another without the consent of the owner or operator; or
(M) Fail or refuse to vacate or leave any premises after being requested or ordered, whether orally or in writing, to do so, by the owner, or person in charge thereof, or by any law enforcement agent or official; provided, however, that this provision shall not apply to any person who is owner or tenant of the premises involved, nor to any law enforcement or other government official who may be present thereon at that time as part of his or her official duty; nor shall it include the spouse, children, employee or tenant of the owner or occupier.
(1989 Code, § 10.21) Penalty, see § 130.99
(A) Defacement of school buildings. It is unlawful for any person to mark with ink, paint, chalk or other substance, post handbills on or in any other manner deface or injure any school building or structure used or usable for school purposes; mark, deface or injure fences, trees, lawns or fixtures appurtenant to or located on the site of the buildings; or post handbills on the fences, trees or fixtures, or place a sign anywhere on the site.
(B) Breach of peace on school grounds. It is unlawful for any person to willfully or maliciously make or assist in making on any school grounds adjacent to any school building or structure any noise, disturbance or improper diversion or activity by which peace, quiet and good order shall be disturbed.
(C) Offensive language and conduct. It is unlawful for any person to use offensive, obscene or abusive language or engage in boisterous or noisy conduct tending reasonably to arouse alarm, anger or resentment in others on any school grounds or in buildings or structures.
(D) Improper conduct while school in session. It is unlawful for any person, in any school room or in any building or on the grounds adjacent to the same, to disturb or interrupt the peace and good order of the school while in session. It is also unlawful for any person, not in immediate attendance in the school and being in the building or upon the premises belonging thereto, to conduct or behave himself or herself improperly. It is also unlawful for any person, upon the request of a teacher of the school or the person in charge thereof to leave the building or premises, to neglect or refuse so to do.
(E) Loitering. It is unlawful for any person to loiter on any school grounds or in any school building or structure.
(1989 Code, § 10.22) Penalty, see § 130.99
(A) Purpose. The curfew for minors established by this section is maintained for four primary reasons:
(1) To protect the public from illegal acts of minors committed during the curfew hours;
(2) To protect minors from improper influences that prevail during the curfew hours, including involvement with gangs;
(3) To protect minors from criminal activity that occurs during the curfew hours; and
(4) To help parents control their minor children.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMERGENCY ERRAND. A task that if not completed promptly threatens the health, safety, or comfort of the minor or a member of the minor's household. The term shall include, but shall not be limited to, seeking urgent medical treatment, seeking urgent assistance from law enforcement or fire department personnel, and seeking shelter from the elements or urgent assistance from a utility company due to a natural or human-made calamity.
OFFICIAL CITY TIME. The time of day as determined by reference to the master clock used by the Police Department.
PLACES OF AMUSEMENT, ENTERTAINMENT OR REFRESHMENT. Those places that include, but are not limited to, movie theaters, pinball arcades, shopping malls, nightclubs catering to minors, restaurants, and pool halls.
PRIMARY CARE or PRIMARY CUSTODY. The person who is responsible for providing food, clothing, shelter, and other basic necessities to the minor. The person providing primary care or custody to the minor shall not be another minor.
SCHOOL ACTIVITY. An event which has been placed on a school calendar by public or parochial school authorities as a school sanctioned event.
(C) Hours. It is unlawful for any minor person to be or loiter upon the streets or public places between the hours of 10:00 p.m. and 4:00 a.m. of the day following from September 1 to June 1 next following, except on Friday and Saturday nights when the hours shall be from 11:00 p.m. and 4:00 a.m. of the day following, and between the hours of 11:00 p.m. and 4:00 a.m. of the day following from June 1 to September 1 next following.
(D) Effect on control by adult responsible for minor. Nothing in this section shall be construed to give a minor the right to stay out until the curfew hours designated in this section if otherwise directed by a parent, guardian, or other adult person having the primary care and custody of the minor; nor shall this section be construed to diminish or impair the control of the adult person having the primary care or custody of the minor.
(E) Exceptions. The provisions of this section shall not apply in the following situations:
(1) To a minor accompanied by his or her parent or guardian, or other adult person having the primary care and custody of the minor;
(2) To a minor who is upon an emergency errand at the direction of his or her parent, guardian, or other adult person having the primary care and custody of the minor;
(3) To a minor who is in any of the places described in this section if in connection with or as required by an employer engaged in a lawful business, trade, profession, or occupation; or to a minor traveling directly to or from the location of the business, trade, profession or occupation and the minor’s residence. Minors who fall within the scope of this exception shall carry written proof of employment and proof of the hours the employer requires the minor’s presence at work.
(4) To a minor who is participating in or traveling directly to or from an event which has been officially designated as a school activity by public or parochial school authorities; or who is participating in or traveling directly to or from an official activity supervised by adults and sponsored by the city, a civic organization, school, religious institution, or similar entity that takes responsibility for the minor and with the permission of the minor's parent, guardian, or other adult person having the primary care and custody of the minor.
(5) To a minor who is passing through the city in the course of interstate travel during the hours of curfew.
(6) To a minor who is attending or traveling directly to or from an activity involving the exercise of First Amendment rights of free speech, freedom of assembly, or freedom of religion.
(7) To minors on the sidewalk abutting his or her residence or abutting the residence of a next-door neighbor if the neighbor does not complain to the city's designated law enforcement provider about the minor's presence.
(8) To a minor who is married or has been married, or is otherwise legally emancipated.
(F) Duties of person legally responsible for minor. No parent, guardian, or other adult having the primary care or custody of any minor shall permit any violation of the requirements of this section by the minor.
(G) Duties of other persons. No person operating or in charge of any place of amusement, entertainment, or refreshment shall permit any minor to enter or remain in his or her place of business during the hours prohibited by this section unless the minor is accompanied by his or her parent, guardian or other adult person having primary care or custody of the minor, or unless one of the exceptions to this section applies.
(H) Defense. It shall be a defense to prosecution under this section that the owner, operator, or employee of an establishment promptly notified the city's designated law enforcement provider that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(I) Law enforcement officer. A law enforcement officer must look into whether a minor has an affirmative defense before making an arrest.
(1989 Code, § 10.23) (Ord. 13, 2nd Ser., eff. 12-9-1994) Penalty, see § 130.99
OFFENSES AGAINST PUBLIC PROPERTY
(A) Establishment. Recreation areas and picnic grounds on lands owned by the city and known as Pine Grove Recreation Area are hereby established and shall include all other city recreation areas.
(B) Rules and regulations governing the use. It is unlawful for any person using the picnic grounds or recreation areas of Pine Grove Recreation Area and all other city recreation areas to fail to comply with the following rules and regulations:
(1) Maintain the picnic grounds and recreational areas in a clean, orderly and sanitary condition at all times, and shall deposit all garbage, refuse and debris in the containers located in the areas as provided for by the city;
(2) No animals, except household pets, shall be permitted in any of the areas, and dogs, cats or other animals or pets shall not be permitted to run loose;
(3) No fires of any kind shall be permitted in any area except in the grills provided for in the picnic areas;
(4) It is unlawful to remove any object or property from any area; to destroy, mutilate or deface any property within the Pine Grove Recreation Area or any other city recreation area; to cut any tree or peel the bark of any tree in the areas; or to make any excavations without the consent of the city;
(5) No firearms shall be discharged within any of the city recreation areas;
(6) No person shall create any disturbance, engage in brawling or fighting; disturb any meeting of persons using the recreation areas; engage in offensive, obscene or abusive language or conduct himself or herself in a boisterous or noisy manner tending reasonably to arouse alarm, anger or resentment in others;
(7) No motor vehicle shall travel into the Pine Grove Recreation Area except with permission;
(8) No overnight camping in the Pine Grove Recreation Area or any other city recreation area; and
(9) No one shall loiter in the recreation area after 10:30 p.m.
(1989 Code, § 10.30) Penalty, see § 130.99
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