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(a) It is a curfew violation and a violation of this Code for a child 15, 16, or 17 years of age to be in a public place:
(1) Between 1:00 a.m. and 5:00 a.m. on Saturday or Sunday;
(2) After 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday; or
(3) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.
(b) It is a curfew violation for a child under 15 years of age to be in a public place after 11:00 p.m. or before 5 a.m. on any day.
(c) This section does not apply to a child who is:
(1) Accompanied by his parent, guardian, or custodian;
(2) Accompanied by an adult specified by his parent, guardian, or custodian; or
(3) Participating in, going to, or returning from lawful employment, or a school sanctioned activity, or a religious event.
(`91 Code, § 6-45)
Statutory reference:
Curfew violations; cities permitted to advance curfew time by not more than two hours when based on public safety conditions, see I.C., 31-37-3-4
It shall be unlawful for any person to post in any conspicuous or public place within the City any obscene, lewd, indecent or lascivious drawing, photograph, or picture of an indecent or immoral nature as defined in I.C., 35-49-2-1.
(`91 Code, § 6-46) (Ord. passed 5-19-56)
Statutory reference:
Matters or performances harmful to minors, see I.C., 35-49-2-2
Obscene matters or performances, see I.C., 35-49-2-1
(a) It shall be unlawful for any person to enter upon the real estate or the improvements owned by the City unless such person has authority from the City for such entry.
(b) Any person violating this section shall be fined not more than $10 for each offense.
(`91 Code, § 6-47) (Ord. D-26, 10-4-60)
Statutory reference:
Criminal trespass defined as a Class A misdemeanor, see I.C., 35-43-2-2
Offenses against property and recovery of damages, costs and attorney fees, see I.C., 34-4-30-1
(a) No person shall obstruct or cause to be obstructed any street, alley or sidewalk within the City. This does not prohibit the reasonable and necessary use of parts of the streets or sidewalks, for the purpose of depositing building materials in front of or in rear of buildings in process of erection or repair.
(b) No person shall place building materials upon any street, alley or sidewalk without permission of the City Engineer and subject to such conditions as may be prescribed by the City. Where necessary to properly protect the public in the night time, lighted amber lamps shall be placed about such materials.
(c) When any street, alley or sidewalk is obstructed so as to impede or interfere with the free use thereof, the Chief of Police or his designee may remove such obstruction to some suitable place.
(d) The cost of removing such obstruction may be recovered from the person causing the obstruction if the City gave such person notice to remove the obstruction, within 24 hours from the receipt of the notice.
(e) Section 8-64 of the Code addresses “Placement of Building Materials During Construction.”
(`91 Code, § 6-48)
(a) No person shall throw or place or deposit any rubbish, litter or any refuse matter or any foreign matter of any kind in any street, sidewalk, alley or public place in the City.
(b) No person shall haul on any street or alley any rubbish, ashes, earth, sand, stone, or other material liable to become scattered on the streets, except in a vehicle provided with a closed or open box well closed on the side so as to retain such materials. No person shall scatter any such materials from any vehicle upon any street or alley.
(`91 Code, § 6-49)
(a) No barbed or razor wire fence, constructed or maintained within the City's corporate limits, shall be electrified.
(b) No barbed or razor wire fence constructed or maintained within the City's corporate limits shall be located within three feet of any street, sidewalk, alley, or other public place or way.
(c) All electric fences located within the City's corporate limits shall have attached thereto, atintervals of not greater than 100 feet, warning signs that meet or exceed all of the following criteria:
(1) Are double-faced;
(2) Are weather resistant;
(3) Measure no less than seven by four inches in size;
(4) Are attached so that the top of the signs are no more than 18 inches from the top of the fence to which they are attached;
(5) Contain on both sides thereof the following words, in English letters not less than one inch tall: "Danger: Electric Fence," or "Warning: Electric Fence," or "Electric Fence."
(6) Are dual-colored, with either a yellow background and black letters or a white background and red letters.
(7) (Reserved).
(d) Any person who violates this section shall be subject to a fine of $50 for the first offense and $500 for the second and all subsequent offenses, each day in which violation exists constituting a separate offense, except that said person shall be given seven calendar days from and including the date on which said person is notified of a first offense hereunder to come into full compliance with this section before a citation for a second offense hereunder shall be issued to said person.
(`91 Code, § 6-50) (Ord. D-1645- 03, § I, 10-20-03; Ord. D-2135-13, As Amended, 6-3-13; Ord. D-2140-13, As Amended, 6-17-13)
Statutory reference:
Fence regulations, see I.C., 32-10-1-1 et seq.
(a) No person shall deface, injure or remove any part of any sidewalk, street or alley pavement, or any street sign, lamp post, gutter, curb, drain, sewer, culvert, tree or any other appurtenance in any street, unless authorized so to do by the City.
(b) Section 8-65 of this Code addresses “Excavations in Streets—Permits and Regulations.”
(`91 Code, § 6-51)
(a) The owner(s) of real estate located within the City's corporate limits and used for business purposes, and all business tenant(s) occupying said real estate, are jointly and severably responsible for the removal from all sidewalks abutting such real estate, by 12:00 noon of any day, all snow and/or ice that has accumulated on said sidewalks within the previous 24- hour period, provided that such removal is not required on any Sunday or legal holiday during which no business enterprise located on said real estate is open to the public.
(b) Any person violating the provisions of this section shall be subject to a written warning for the first such offense within any rolling 365-day period; to a fine of $150, plus costs, for the second such offense within any rolling 365-day period; and, to a fine not to exceed $500, plus costs, for the third and each subsequent such offense within any rolling 365-day period.
(`91 Code, § 6-52) (Ord. D-89, 3-1-76; Ord. D-1918-08, As Amended, 10-20-08)
(a) It shall be unlawful for any person, in or upon any public street or right-of-way, sidewalk, alley or other public place in the City to display any banner, placard, advertisement or handbill, and to use the same to promote any private purpose, or for thereby soliciting any business.
(b) This section shall not apply to such temporary lawful and harmless displays for meetings, charities, church suppers, etc., of when a permit therefor has been issued by the Controller.
(`91 Code, § 6-53) (Ord. D-23, 7-11-72; Ord. D-2505-19, 12-16-19)
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