It is unlawful to:
(A) Disorderly Conduct: Engage in disorderly conduct.
(B) No Permit: Hold a private gathering in a park at which alcoholic beverages are being consumed without a catering permit under the alcoholic beverage control laws; or to refuse to exhibit such permit to a peace officer or other public employee having jurisdiction over the land under title VIII of this code.
(C) Deface Property: Damage or deface public property and facilities. "Deface" includes, without limitation, the application of paint to public property and facilities other than in accord with the permission of the owner of the same.
(D) Conduct Violation: Violate any rule or regulation of the public agency managing a park with respect to conduct in that park.
(E) Foreign Object: Throw a foreign object at or in the direction of a peace officer, fireman, or other public employee engaged in the execution of his office.
1. In a motor vehicle; or
2. On a public street or alley or other public property; or
3. In or on private property open to the public, and in possession without permission of the owner, and not in or on premises for which a liquor license for sale of that beverage by the drink has been issued, such as in a parking lot.
"Container of an alcohol beverage" includes, without limitation, a bottle or can labeled as containing such a beverage, no matter what it in fact contains, and a container containing such a beverage no matter how labeled. An "alcoholic beverage" is any liquid or solid containing ethyl alcohol or synthetic ethyl alcohol in an amount of three percent (3%) or more by weight (6 proof); a manufacturer's label on the bottle or can or on a package out of which such container came is conclusive evidence of content.
(G) Disturb The Peace: To disturb the peace means:
1. Intentionally or negligently to disturb the peace and quiet of another or of any neighborhood or family or religious congregation or other assembly by loud noises or indecent behavior or by offensive and unbecoming conduct, to a degree annoying to a reasonable person, including, but not limited to:
(a) Cursing or swearing or uttering obscene or vulgar or indecent language in the presence of another; or
(b) Loud playing of a radio, tape or disc player, or other functionally similar electronic device; or
(c) Permitting a dog to be outdoors and barking.
(d) With the approval of the city manager, this subsection (G)1 does not apply to events that may provide a benefit to the community.
2. Operating heavy equipment or construction equipment, or power tools outdoors, except in case of emergency, after ten o'clock (10:00) P.M. and:
(a) Before six o'clock (6:00) A.M.; or
(b) Before seven thirty o'clock (7:30) A.M. in a neighborhood with inhabited dwellings within two hundred feet (200') of the construction site.
(c) This section does not apply to operating heavy equipment or construction equipment, or power tools outdoors with the approval of the city manager.
3. Appeal Procedure: An affected person(s) aggrieved by a decision by the city manager may appeal such decision in writing to the council within sixty (60) days of notification of denial by the city manager. (Ord. 606, 5-14-1992; amd. Ord. 611, 6-25-1992; Ord. 658, 1-13-1994; Ord. 680, 6-30-1995; Ord. 747, 6-28-2001; Ord. 993, 9-24-2020)
SUBCHAPTER B. CURFEW
SECTION:
5-5-210: Curfew
5-5-220: Exceptions
5-5-230: Penalties