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(A) Prohibition. No person shall make, continue or cause to be made or continued any excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the town.
(B) Permit for certain activities. Permits may be granted by the town for certain activities and events which are exempt from the provisions of this section.
(Prior Code, § 5-4A-6) Penalty, see § 132.99
(A) Parade defined. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
PARADE. Any parade, march, ceremony, show, demonstration, exhibition, pageant or procession of any kind, or any similar display, in or upon any street, park or other public place in the town.
(Prior Code, § 7-5-1)
(B) Permit required; exception.
(1) Permit required.
(a) No person shall use any street, alley, public way, park or other property owned or controlled by the town, except those places specifically designed and intended for such use, for the purpose of holding, conducting, causing or participating in any parade, street fair, street dance, carnival, assemblage or activity of any nature which may cause the disturbance or interference of the normal and ordinary use of the property by other persons, without first having obtained a permit for such purpose.
(b) Such permit may be granted by the Town Clerk-Treasurer under such conditions as deemed appropriate.
(2) Exception. Permits shall not be required under this chapter in the case of construction or repairs to or within any such street or property; provided, that there is compliance with all other requirements of this code.
(Prior Code, § 7-5-2)
(C) Application for permit.
(1) Not less than two weeks prior to the closing or use of a street or property for a parade, an application shall be submitted by the party to the town. The time requirements may be waived by the Town Clerk-Treasurer at his or her discretion if sufficient time exists for the proper review of the application as herein provided.
(2) The application shall be submitted upon a form prescribed by the town and shall provide such other information as requested.
(Prior Code, § 7-5-3)
(D) Conditions for issuance of permit. The Town Clerk-Treasurer shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, he or she finds that:
(1) The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;
(2) The conduct of the parade will not require the diversion of so great a number of police officers of the town to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the town;
(3) The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the town other than that to be occupied by the proposed line of march and areas contiguous thereto;
(4) The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;
(5) The conduct of such parade will not interfere with the movement of firefighting equipment en route to a fire;
(6) The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance; and
(7) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
(Prior Code, § 7-5-4)
(E) Denial of permit; alternate permit.
(1) Permit denial. Without regard to the provision of this code, the Town Clerk-Treasurer, from his or her consideration of available, appropriate and necessary information, shall deny the application for a permit provided for by this chapter when, from this information, he or she has reason to believe that any contemplated advocacy at the proposed event will be directed to inciting or producing imminent lawless action and will likely incite or produce such action.
(2) Alternate permit. The Town Clerk-Treasurer, in denying an application for a parade permit, may authorize the conduct of the parade on a date, at a time or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall so indicate within five days after notice of the action of the Town Clerk-Treasurer. An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this chapter.
(Prior Code, § 7-5-5)
(F) Insurance or bond. The Town Clerk-Treasurer, in such cases as shall be determined in his or her discretion, may require as a condition to the issuance of a permit herein such insurance or bond holding the town harmless from any and all liability for injury or damage of any kind whatsoever occurring during such activity covered by the permit.
(Prior Code, § 7-5-6) Penalty, see § 132.99
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CUSTODIAN. Any person over the age of 21 years who is in loco parentis to a minor.
GUARDIAN. Any person other than a parent who has legal guardianship of a minor.
MINOR. Any person under the age of 18; and, where year of age continues from one birthday, such as the seventeenth to (but not including the day of) the next, such as the eighteenth birthday, making it clear that 17 or less years of age is herein treated as equivalent to the phrase “under 18 years of age.”
PARENT. The natural or adoptive parent of a minor.
PUBLIC PLACE. Any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment or other lawful purpose. A PUBLIC PLACE shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, café, theater, drugstore, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the places listed herein.
(B) Hours of restriction; exceptions. It is unlawful for any minor to remain, wander, stroll or play in any public place on foot or to cruise about without a set destination in any vehicle in, about or upon any public place in the town between the hours of 10:30 p.m. and 6:00 a.m., unless:
(1) Accompanied by the minor’s parent or guardian;
(2) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor’s presence;
(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
(8) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(9) Married or had been married or had disabilities of minority removed in accordance with state law.
(C) Allowing minors on premises after curfew. It is unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors between the hours of curfew designated in division (B) above.
(D) Parental responsibility; exceptions. It is unlawful for any parent, guardian, custodian or other adult person having custody or control of any minor to suffer or permit or by inefficient control to allow such person to be on any public place within the town between the hours of curfew designated in division (B) above. The provisions of this section do not apply if:
(1) The minor is accompanied by a parent, guardian, custodian or other adult person having the care, custody or control of the minor;
(2) The minor is on an emergency errand or specific business or activity directed by his or her parent, guardian, custodian or other adult having the care and custody of the minor; or
(3) The parent, guardian or other adult person herein has made a missing person notification to the Town Police Department.
(E) Special events or functions. The Board of Trustees may permit by resolution or motion procedures for advance notice or registration with the town of special events or functions sponsored by churches, schools, clubs or other organizations which require minors to be out at a later time. The Board of Trustees may also prescribe the procedures for taking into custody minors found in violation of this section.
(F) Application for exemption.
(1) A parent, guardian or custodian of such minor may file a written application directed to the Chief of Police of the town who may grant a special exemption of enforcement of the curfew provided by this section being required as to such minor, which exemption shall not exceed five consecutive days, or in the alternative, two days of any week for a period not to exceed 30 days. All requests shall be filed with the Town Clerk-Treasurer.
(2) The Chief of Police shall have the authority to grant or reject any request for an exemption to enforcement of the curfew provided by this section or may reduce the time limit of such exemption. However, any applicant for such exemption, feeling aggrieved by the action of the Chief of Police, may file a request for hearing before the Judge of the Municipal Court of the town, who shall summarily hear same, and his or her judgment shall be final.
(G) Authority of law enforcement officer. Any law enforcement officer who shall witness a violation of this section may take such offender into his or her custody to be prosecuted for such violation, require the posting of a sufficient bond for such minor’s appearance in court, or may place the minor in the custody of his or her parents or some responsible person.
(Prior Code, § 5-5-1) (Ord. 168, passed 8-7-2000; Ord. 177, passed 6-30-2008) Penalty, see § 132.99
OFFENSES AGAINST PUBLIC MORALS
(A) No person shall be in any public place in a state of intoxication.
(B) For the purpose of this section, a STATE OF INTOXICATION means the condition in which a person is under the influence of drugs, intoxicating liquors or low-point beer to such an extent as to deprive the person of his or her full mental or physical power or be unable to exercise care for his or her own safety or the safety of others.
(Prior Code, § 5-4A-7) Penalty, see § 132.99
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
MARIJUANA. All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.
(B) Prohibited acts. It is unlawful for any person:
(1) To appear or be upon or in any street, alley, place of business or other public place while under the influence of marijuana;
(2) To use, have or possess marijuana upon or in any street, alley, place of business or other public place within the town;
(3) To use marijuana in any place within the town except as legally prescribed by a physician licensed to practice in the state; or
(4) To be about a place where marijuana is sold or furnished illegally.
(Prior Code, § 5-4A-8) Penalty, see § 132.99
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DRUG PARAPHERNALIA.
(a) All equipment, products and materials of any kind which are used, intended for use, or fashioned specifically for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act (the “Act”), including, but not limited to:
1. Kits used, intended for use or fashioned specifically for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived;
2. Kits used, intended for use or fashioned specifically for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances;
3. Isomerization devices used, intended for use or fashioned specifically for use in increasing the potency of any species of plant which is a controlled dangerous substance;
4. Testing equipment used, intended for use or fashioned specifically for use in identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances;
5. Scales and balances used, intended for use or fashioned specifically for use in weighing or measuring controlled dangerous substances;
6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or fashioned specifically for use in cutting controlled dangerous substances;
7. Separation gins and sifters used, intended for use or fashioned specifically for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
8. Blenders, bowls, containers, spoons and mixing devices used, intended for use or fashioned specifically for use in compounding controlled dangerous substances;
9. Capsules, balloons, envelopes and other containers used, intended for use or fashioned specifically for use in packaging small quantities of controlled dangerous substances;
10. Containers and other objects used, intended for use or fashioned specifically for use in parenterally injecting controlled dangerous substances into the human body;
11. Hypodermic syringes, needles and other objects used, intended for use or fashioned specifically for use in parenterally injecting controlled dangerous substances into the human body;
12. Objects used, intended for use or fashioned specifically for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
f. Miniature cocaine spoons and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air driven pipes;
k. Chillums;
l. Bongs; or
m. Ice pipes or chillers.
13. All hidden or novelty pipes; or
14. Any pipe that has a tobacco bowl or chamber of less than one-half inch in diameter in which there is any detectable residue of any controlled dangerous substance or any other substances not legal for possession or use.
(b) The term DRUG PARAPHERNALIA shall not include separation gins intended for use in preparing tea or spice, clamps used for constructing electrical equipment, water pipes designed for ornamentation in which no detectable amount of an illegal substance is found or pipes designed and used solely for smoking tobacco, traditional pipes of an American Indian tribal religious ceremony or antique pipes that are 30 years of age or older.
(B) Factors for consideration. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
(3) The proximity of the object, in time and space, to a direct violation of the Act;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances on the object;
(6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intended to use the object to facilitate a violation of the Act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the Act shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
(7) Instructions, oral or written, provided with the object concerning its use;
(8) Descriptive materials accompanying the object which explain or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
(11) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(12) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(13) The existence and scope of legitimate uses for the object in the community; and
(14) Expert testimony concerning its use.
(C) Use or possession. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia; to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Act.
(D) Delivery. It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Act.
(E) Advertising. It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(Prior Code, § 5-4A-9) Penalty, see § 132.99
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