CHAPTER 130: GENERAL OFFENSES
Section
Offenses Against Public Peace and Decency
   130.01   Public intoxication; open containers
   130.02   Discharge of weapons; air guns; slingshots
   130.03   Poisoning or killing domestic animals
   130.04   Nudity
   130.05   Interference with police officer
Property Offenses
   130.20   Destruction of property
   130.21   Throwing stones; playing games in street
   130.22   Obtaining goods or services without payment
   130.23   Injury or obstruction of city streets
   130.24   Opening of fire hydrants
   130.25   Advertising material on telephone poles
Curfew
   130.40   Curfew law established
   130.41   Hours
   130.42   Exceptions
 
   130.99   Penalty
OFFENSES AGAINST PUBLIC PEACE AND DECENCY
§ 130.01 PUBLIC INTOXICATION; OPEN CONTAINERS.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      INTOXICATION. The state of being intoxicated, due to the consumption of an alcoholic beverage, being otherwise impaired and/or contributing to or creating a disturbance of the peace, or having a BAC level of .08 or more.
      OPEN CONTAINER. The original receptacle of the alcoholic beverage, whose seal has been broken or cap removed, or any other container into which the alcoholic beverage has been placed which does not have affixed thereon a permanent airtight seal or cap.
      PREMISES. The interior of any business establishment licensed for the sale and consumption of alcoholic beverages thereon.
   (B)   Public intoxication prohibited. It shall be unlawful for any person or persons to be, at any time, on any street, lane, alley, park or other public place within the incorporated city limits in an intoxicated condition.
   (C)   Removal from business premises unlawful. It shall be unlawful for any person to remove from a business premises, licensed for the sale and consumption of alcoholic beverages thereon, located within the incorporated city limits, any open container of an alcoholic beverage.
   (D)   Permitting removal from premises unlawful; exceptions.
      (1)   It shall be unlawful for any person, or business licensed by the city for the sale and consumption of alcoholic beverages thereon, or for any establishment whereon the consumption of alcoholic beverages may take place, or any employee or agent of the licensee, to knowingly permit any person to remove from the licensed premises an open container of an alcoholic beverage.
      (2)   Any business licensed for the sale and consumption of an alcoholic beverage thereon, located within the incorporated city limits, may apply for a permit from the City Clerk to allow for the sale and consumption of alcohol outside of the immediate premises whereon the regular sale and consumption of alcohol occurs.
      (3)   (a)   The application shall be on a form approved by the Council and shall specify the location and area where the alcohol shall be consumed.
         (b)   The application shall be granted upon a showing of good cause and upon a showing that the proposed activity shall not be detrimental to the public’s health and safety.
(Ord. 625, passed 11-2-2010) Penalty, see § 130.99
§ 130.02 DISCHARGE OF WEAPONS; AIR GUNS; SLINGSHOTS.
   (A)   It is unlawful for any person or persons to have in his, her or their possession, or in any manner use devices or weapons commonly known as air guns, slingshots or flippers, on the streets or sidewalks of the city.
   (B)   (1)   It shall be unlawful for any person within the corporate limits of the city to fire or discharge any cannon, gun, fowling piece, pistol or firearm of any description, or air gun, or fire, explode or set off any squibb, cracker or any other thing containing powder or other combustible materials.
      (2)   Except persons may discharge firearms within and upon duly authorized target and practice ranges, subject to such restrictions and conditions as may be hereafter recommended by the Planning and Zoning Commission and adopted by the Mayor and City Council.
(Prior Code, § 9.04.010) (Ord. 89, passed 12-6-1906; Ord. 501, passed 2-7-1984) Penalty, see § 130.99
§ 130.03 POISONING OR KILLING DOMESTIC ANIMALS.
   It is unlawful for any person to willfully kill any horse or other domestic animal, the property of another, or to administer poison to any such animal, or expose any poisonous substance within the limits of the city, with intent that it shall be taken by such animal.
(Prior Code, § 9.04.020) (Ord. 89, passed 12-6-1906) Penalty, see § 130.99
§ 130.04 NUDITY.
   It is unlawful for any person to appear in any public place or street within the city, in a state of nudity or in any indecent or lewd dress, or to make any indecent exposure of his or her person, or private parts thereof, or exhibit or perform any indecent, immoral or lewd play, or other representation, or shall be guilty of lewd or lascivious conduct.
(Prior Code, § 9.04.030) (Ord. 89, passed 12-6-1906) Penalty, see § 130.99
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