(A) From and after the effective date of this chapter, it shall be unlawful for any person or groups of persons to consume any alcoholic beverage upon any public parking lot with the City of Canton after the owners or managers of the premises shall post a sign or notice stating the premises are protected by the provisions of this chapter.
(B) It shall be unlawful for any person to have in their possession any alcoholic beverage for the purpose of immediate consumption. It shall be prima facie evidence of that intent when the possession of beer is in what is commonly called a COOLER, whether or not the containers are opened, and any other container of alcoholic beverages which are opened, or which are in a cooler. ALCOHOLIC BEVERAGES as used in this chapter are intended to include but not limited to, beer, wine, whisky, gin, vodka or any mixture thereof, with any other substance, or distillates, or derivatives of the same, and/or any other substance.
(C) It shall be unlawful for any person to throw or deposit any litter, paper, bottles, cans or any other item ordinarily known as trash, upon any parking lot or any business within the City of Canton.
(D) It shall be unlawful for any person or groups of persons to create any loud or unnecessary noise upon business parking lots whereby the residents of nearby premises are unduly disturbed at any time. DISTURBANCES shall be intended to include, but not be limited to, loud talking, cursing, accelerating a motor vehicle in such a manner as to cause the wheels to spin loudly, loud muffler, fighting or any other deed, word or action done in such a manner as to cause a person of normal sensibilities to become upset, angered or unduly disturbed.
(E) (1) A person commits a violation if he or she loiters or prowls in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon appearance of a police officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances makes it impractical, a police officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting the person to identify himself or herself and to explain his or her presence or conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if it had been believed by the police officer at the time, would have dispelled the alarm. Any police officer may arrest any person suspected of being a loiterer or prowler without a warrant if it reasonably appears that the delay in arresting the suspect caused by obtaining a warrant would result in the suspect’s escape.
(2) It shall be unlawful for any person, after first being warned by a police officer, or where a “no loitering” sign or signs have been posted, to loiter, stand, sit, or lie in or upon any public or quasi-public sidewalk, street, curb, cross-walk, walkway area, mall or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably, the free passage of pedestrians or vehicles thereon. It shall be unlawful for any person to block, obstruct, or prevent free access to the entrance to any building open to the public.
(3) For the purpose of this section, PUBLIC PLACEhas the following definition unless the context clearly indicates or requires a different meaning: an area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
(F) Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor and shall be fined not less that $25 nor more than $200, and each breach of violation shall constitute a separate offense.
(G) This chapter shall become effective on the date following its publication in the local newspaper in accordance with the state law.
(H) This chapter shall become effective by resolution upon request in writing from the owners and/or managers of business establishments or shopping centers or areas, and the posting of proper signs upon their premises stating that the premises are protected by city ordinance and giving the ordinance number.
(I) This chapter shall be effective only upon premises whose owners and/or managers request the same, but the failure to have full participation of all merchants shall not invalidate the provisions of this chapter against those who wish the same to be enforced upon their premises.
(J) Removal of the sign or signs from the premises by unauthorized persons shall not defeat the purpose of this chapter.
(Ord. 96-04, passed 6-4-1996)