(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 RESTAURANTS. Any restaurant where meals, sandwiches, cold drinks, beverages, or other food is served directly or permitted to be consumed by patrons in motor vehicles parked on the premises.
MOTOR VEHICLE. Any self-propelled vehicle of two or more wheels, including, but not limited to, automobiles, trucks, and motorcycles.
PUBLIC PLACE. For the purpose of preserving public peace, health, and safety, the entire premises occupied by a drive-in restaurant, together with the means of ingress thereto and egress therefrom, are hereby declared to be a public place.
(B) Duties of owner, lessee, or operator. It is the duty of the owner or operator of any drive-in restaurant to maintain good order upon premises, and shall not permit disorderly or immoral conduct or loitering thereon, nor shall he or she cause or permit any noise or nuisance on the parking area of the drive-in restaurant. It is the duty of the owner or operator to provide not less 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 (parking lot exits). Failure to provide the receptacles shall constitute a misdemeanor, and any person convicted shall be fined as provided in this section. It shall be the duty of the restaurant owner to post on the premises in a conspicuous location one or more signs bearing the following legend: “Cruising in or congregating and loitering outside of a motor vehicle is unlawful. No unoccupied vehicle may be left on these premises without the consent of the restaurant owner.”
(C) Alcoholic beverages.
(1) It is unlawful for any person under the age of 21 years to possess any alcoholic beverages in any drive-in restaurant where the alcoholic beverage is consumed, with the exception that the person in possession of alcoholic beverages is accompanied by parent or guardian, adult wife or husband, or other adult person into whose custody he or she has been committed for the time by some court.
(2) It shall be unlawful for any person under the age of 18 years to bring on the premises of any drive-in restaurant any alcoholic beverages and attempt to consume or consume same on the premises of the drive-in restaurant.
(D) Prohibited acts. The following acts or conduct of any person or persons entering any drive-in restaurant premises are hereby declared to be unlawful, and any person found guilty of any such act shall be guilty of a misdemeanor, and upon conviction, shall be fined as provided by this section:
(1) To enter the premises of any drive-in restaurant in a motor vehicle of any description and park the vehicle and leave the premises without getting the consent of the owner or operator of the restaurant in which case the vehicle may be impounded subject to the usual impounding charges;
(2) To enter the premises in a motor vehicle of any kind and using the premises for cruising, racing, as a shortcut to another street, or to annoy or endanger any person or persons or other vehicle or vehicles lawfully upon the premises;
(3) No person on the premises of a drive-in restaurant shall needlessly: race the motor of any motor vehicle, bring to a sudden start or stop any motor vehicle, blow any horn of any motor vehicle, or cause to be made any other loud or unseemly noise, nuisance or disturbance, whereby the quiet and good order of the premises or the neighborhood are disturbed; and
(4) For three or more persons to congregate on the premises and to linger or loiter at any location on the premises of a drive-in restaurant other than in the restaurant building or in a legally parked motor vehicle. It shall be unlawful for any patron of a drive-in restaurant to throw or deposit any litter anywhere on the grounds or on the streets of the town save and except in the receptacles provided therefor. Any person violating this provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined as provided for in this section.
(Ord. 72, passed 2-10-1975) Penalty, see § 110.99