(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRIVE-IN RESTAURANT. A restaurant where meals, sandwiches, cold drinks, beverages, ice cream or other food is served directly to or is permitted to be consumed by patrons in automobiles or other vehicles parked on the premises.
PUBLIC PLACE. The entire premises occupied by a drive-in restaurant or by the places of business included in a shopping plaza with the drive-in restaurant, together with the parking areas provided adjacent thereto, and as a part thereof, and the means of ingress thereto and egress therefrom.
(B) Regulations.
(1) The owner, lessee or operator of a drive-in restaurant shall maintain quiet and good order upon the premises and shall not permit disorderly or immoral conduct or littering thereon or any noise or nuisance in the parking lot area of the drive-in restaurant whereby the quiet and good order of the neighborhood are disturbed.
(2) No person in a public area shall race the motor of a motor vehicle, needlessly bring to a sudden stop or start a motor vehicle or cause to be made any other loud or unseemly noise, nuisance or disturbance whereby the quiet and good order of the public area or the surrounding neighborhood are disturbed.
(3) No person shall bring onto a public area any alcoholic beverage and consume or attempt to consume an alcoholic beverage.
(4) No person shall enter the premises of a drive-in restaurant in a motor vehicle, park the vehicle and then leave the premises, without obtaining the consent of the owner or operator of the restaurant. The parked vehicle may be impounded until lawfully claimed or disposed of in accordance with state statutes.
(5) No person shall enter a public place in a motor vehicle and use the public place for cruising, racing, as a short cut to another street or to annoy or endanger any person or vehicle lawfully in the public place.
(6) Not more than three persons shall congregate on the premises of a drive-in restaurant and linger or loiter at any location on the premises other than in the restaurant building or in a legally parked motor vehicle.
(7) The owner, lessee or operator of a drive-in restaurant shall provide not fewer than two receptacles for the receipt of trash, litter, paper, napkins, cups and remnants of food at each exit, available to the patrons as they leave the premises.
(8) No patron of a drive-in restaurant shall throw or deposit any of the litter mentioned in division (B)(7) hereof anywhere on the grounds or on the streets of the city, save and except in the receptacles provided therefor.
(9) No person, while in a public place, shall use loud, vociferous, obscene, vulgar or indecent language, swear or curse, yell or shriek or make lewd gestures, in a manner which will disturb a person present at the place.
(10) The operator of a drive-in restaurant shall post, on the premises in a conspicuous location, one or more signs bearing the following wording:
CRUISING IN OR CONGREGATING AND LOITERING OUTSIDE OF A MOTOR VEHICLE IS UNLAWFUL. NO UNOCCUPIED VEHICLE MAY BE LEFT ON THE RESTAURANT PREMISES WITHOUT THE CONSENT OF THE RESTAURANT OPERATOR. |
(11) The operator of a drive-in restaurant shall retain, on the premises, a copy of this section.
(C) Interpretation; conflict of laws. This section is not intended to repeal any ordinance now in effect applicable to public places, and it is hereby declared that the purpose of this section is to make this section cumulative with all applicable ordinances. However, if there is a conflict in language between this section and any ordinance, this section shall prevail.
(Ord. passed 10-23-1978)