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(A) It is unlawful for any person to sell, give or furnish in any manner to another person who is under 21 years of age any material or device used in the smoking, chewing, or other method of consumption of tobacco products, nicotine products or vapor products, including cigarette papers, pipes, holders of smoking materials of all types, and other items designed primarily for the smoking or ingestion of tobacco products, nicotine products or vapor products.
(B) Any person who knowingly violates this section shall be punished by a citation and fine of not less than $10 and not more than $100 in accordance with the Bethany Municipal Code.
(Ord. 1705, passed 10-21-03; Am. Ord. 2028, passed 6-21-22)
Statutory reference:
See 63 O.S. §§ 1-229.20 and 1-229.26
TRUANCY
It shall be unlawful for a parent, guardian or other person having custody of a child who is over the age of six years and under the age of 18 years to neglect or refuse to cause or compel the child to attend and comply with the rules of some public, private or other school unless other means of education are provided for the full term the schools of the district are in session, or the child is excused as provided in 70 O.S. §§ 10-105 et seq.
(Prior Code, § 11-404) (Ord. 1561, passed 11-5-96) Penalty, see § 10.99
It shall be unlawful for any child who is over the age of 12 years and under the age of 18 years and who has not finished four years of high school work to neglect or refuse to attend and comply with the rules of some public, private or other school, or receive an education by other means for the full term the schools of the district are in session unless the child is excused from attendance by the provisions of 70 O.S. §§ 10-105 et seq.
(Prior Code, § 11-405) (Ord. 1561, passed 11-5-96; Am. Ord. 1744, passed 3-1-05) Penalty, see § 10.99
(A) Any officer of the Police Department may temporarily detain and assume temporary custody of any child subject to compulsory full-time education, during hours in which school is actually in session, who is found away from the home of the child, and who is absent from school without lawful excuse within the school district if the school district has previously approved the temporary custody and detention.
(B) The Police Officer temporarily detaining and assuming temporary custody of a child pursuant to this section shall immediately deliver the child, either to the parent, guardian or other person having custody or control of the child, or to the school from which the child is absent without valid excuse, or to a non-secure youth service or community service approved by the school district.
(Prior Code, § 11-406) (Ord. 1561, passed 11-5-96)
SOLICITATION
(A) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRESSIVE MANNER.
(a) Approaching or speaking to a person, or following a person before, during, or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property, or otherwise be intimidated into giving money or other thing of value.
(b) Continuing to solicit from a person after that person has given a negative response to such soliciting.
(c) Intentionally touching or causing physical contact with another person without that person’s consent in the course of soliciting.
(d) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact.
(e) Using violent or threatening gestures toward a person solicited.
(f) Following the person being solicited with the intent of asking that person for money or other things of value.
(g) Speaking in a volume unreasonably loud under the circumstances.
(h) Soliciting money from anyone who is waiting in line for entry to a building or for another purpose.
AUTOMATED TELLER MACHINE. A device, linked to a financial institution’s account records, which is able to carry out transactions, including but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
AUTOMATED TELLER MACHINE FACILITY. The area comprised of one or more automatic teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
FINANCIAL INSTITUTION. Any banking corporation, credit union, or similar institution.
PUBLIC PLACE. A place where a governmental entity has title, to which the public or a substantial group of persons has access, including but not limited to any street, highway, parking lot, plaza, transportation facility, school, place of amusement, park, or playground.
SOLICITING. Asking for money or objects of value, with the intention that the money or object be transferred at that time and in that place. SOLICITING shall include using the spoken, written, or printed word, bodily gestures, signs, or other means with the purpose of obtaining an immediate donation of money or other thing of value, or soliciting the sale of goods or services.
(B) Prohibited acts.
(1) No person shall solicit in an aggressive manner in any public place.
(2) No person shall solicit on private or residential property without permission from the owner or other person lawfully in possession of such property.
(3) No person shall solicit within 20 feet of public restrooms.
(4) No person shall solicit within 20 feet of any entrance or exit of any financial institution or check cashing business, or within 20 feet of any automated teller machine without the consent of the owner of the property or another person legally in possession of such facilities. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the facility.
(5) No person shall solicit an operator or other occupant of a motor vehicle while such vehicle is located on any street, for the purpose of performing or offering to perform a service in connection with such vehicle or otherwise soliciting the sale of goods or services. Provided, however, that this division (B)(5) shall not apply to services rendered in connection with emergency repairs requested by the operator or passenger of such vehicle.
(6) No person shall solicit from any operator or occupant of a motor vehicle on a public street in exchange for blocking, occupying, or reserving a public parking space, or directing the operator or occupant to a public parking space.
(7) No person shall solicit by stating that funds are needed to meet a specific need, when the solicitor as the funds to meet that need, does not intend to use funds to meet that need, or does not have that need.
(8) No person shall solicit within six feet of an entrance to a building.
(9) No person shall solicit within 20 feet of any pay telephone; provided, that when a pay telephone is located within a telephone booth or other facility, such distance shall be measured from the entrance or exit of the telephone booth or facility.
(Ord. 1763, passed 5-2-06) Penalty, see §10.99
DISORDERLY HOUSES
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DISORDERLY HOUSE. Any structure or vehicle by which the peace, comfort, health, welfare or decency of the public is disturbed by reason of the people therein committing or resorting to any of the following acts:
(1) The sale, distribution, possession or use of any controlled dangerous substance, the sale, distribution, possession or use of which is declared unlawful by state statute;
(2) The violation of any of the ordinances of the city or statutes of the state regulating the sale, distribution, possession or use of alcoholic beverages including beer containing more than 0.5% alcohol by volume;
(3) The performance of any sexual act declared unlawful by the state statute or city ordinance including, but not limited to soliciting for purposes of prostitution; or
(4) The violation of any state statute or city ordinance prohibiting gambling.
(Prior Code, § 11-408)
Statutory reference:
Municipal authority to regulate, see 11 O.S. § 22-109
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