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§ 115.01 DEFINITION.
   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   DRIVE-IN RESTAURANT. Any restaurant where meals, sandwiches, ice cream or other food or beverage is served directly to or is permitted to be consumed by patrons in vehicles parked on or adjacent to the premises of such a restaurant.
(Ord. G-65-197, passed 4-5-1965)
§ 115.02 CERTAIN ACTS PROHIBITED ON PREMISES.
   (A)   No person shall race the motor of any vehicle, start or stop any vehicle suddenly without cause, squeal the tires, blow the horn or make or cause to be made any other loud or unseemly noise by any means whatsoever, while on or adjacent to the premises of a drive-in restaurant, so as to cause a nuisance.
   (B)   No person, whether in or out of any vehicle, shall drink any beer or any other alcoholic beverage, while on or adjacent to the premises of a drive-in restaurant.
   (C)   No person shall loiter as set forth in this division (C).
      (1)   (a)   A person commits a violation if he or she loiters or prowls in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon appearance of a police officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances makes it impractical, a police officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting the person to identify himself or herself and to explain his or her presence or conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if it had been believed by the police officer at the time, would have dispelled the alarm.
         (b)   Any police officer may arrest any person suspected of being a loiterer or prowler without a warrant if it reasonably appears that the delay in arresting the suspect caused by obtaining a warrant would result in the suspect's escape.
      (2)   It shall be unlawful for any person, after first being warned by a police officer, or where a "no loitering" sign or signs have been posted, to loiter, stand, sit or lie in or upon any public or quasi-public sidewalk, street, curb, cross-walk, walkway area, mall or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles thereon. It shall be unlawful for any person to block, obstruct or prevent free access to the entrance to any building open to the public.
      (3)   It shall be unlawful for any person to loiter in or near any thoroughfare or place open to the public for the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether the action is consistent with the intent to induce, entice, solicit or procure another to commit an act of prostitution are that the person is a known prostitute or panderer and repeatedly beckons, in the attempt to stop or engage male or female passersby in conversation, or repeatedly stops or attempts to stop motor vehicles by engaging their operators by hailing, waving of arms or other bodily gestures. The violator's conduct must be such as to demonstrate a specific intent to induce, entice, solicit or procure another to commit an act of prostitution. No arrest shall be made for a violation of this division unless the arresting officer first affords the person an opportunity to explain his or her conduct and no one shall be convicted of violating this division if it appears at trial that the explanation given was true and disclosed a lawful purpose.
      (4)   For the purpose of this section, PUBLIC PLACE has the following definition unless the context clearly indicates or requires a different meaning: an area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and buildings open to the general public, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
(Ord. G-65-197, passed 4-5-1965) Penalty, see § 115.99
§ 115.03 DRIVING THROUGH PREMISES.
   No person shall drive any vehicle onto the premises of a drive-in restaurant and then drive out of the premises without parking the vehicle, unless there is no unoccupied parking space available on the premises, nor shall any person cruise without parking, except for bona fide reasons relating to negotiating traffic or conducting any lawful business.
(Ord. G-65-197, passed 4-5-1965) Penalty, see § 115.99
§ 115.04 PARKING PROHIBITED BY OTHER THAN PATRONS.
   (A)   No person shall leave any vehicle unoccupied on any drive-in restaurant premises without the knowledge and consent of the operator of the restaurant, unless the person is inside of the restaurant building.
   (B)   Any unoccupied vehicle may be towed away by the city at the expense of the owner.
(Ord. G-65-197, passed 4-6-1965) Penalty, see § 115.99
BOARD OF HEALTH FEES
§ 115.20 APPLICABILITY; ADMINISTRATION.
   (A)   This subchapter shall apply within the incorporated areas of the city.
   (B)   The administration and enforcement of this subchapter is vested in the Floyd County Health Board (Health Board) appointed pursuant to I.C. 16-20-2-6, the County Health Officer appointed pursuant to I.C. 16-20-2-16 and the County Health Department (Department) created and established pursuant to I.C. 16-20-2-2.
(Ord. A-00-64, passed 12-4-2000)
Editor’s note:
   I.C. 16-20-2-6 as added by P.L.2-1993, Sec. 3, was repealed by P.L.164-2023, Sec. 24
§ 115.21 DEFINITIONS.
   For purposes of this subchapter, the following definitions shall apply.
   DEPARTMENT. The Floyd County Health Department, being an agency of local government, created and acting pursuant to the provisions of I.C. 16-20 et seq., and its duly authorized employees and representatives.
   HEALTH BOARD. The Floyd County Board of Health duly constituted and acting pursuant to the provisions of I.C. 16-20 et seq., and its duly authorized representatives.
   HEALTH OFFICER. The Floyd County Health Officer duly appointed by the Floyd County Board of Health and acting pursuant to the provisions of I.C. 16-20 et seq., and his or her duly authorized representatives.
   MOBILE RETAIL FOOD ESTABLISHMENT. Any retail food establishment capable of being readily moved from location to location or one without a fixed location.
   RETAIL FOOD ESTABLISHMENT. An operation that:
      (1)   Stores, prepares, packages, serves, vends or otherwise provides food for human consumption, such as:
         (a)   A restaurant;
         (b)   A satellite or catered feeding operation;
         (c)   A catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people;
         (d)   A market;
         (e)   A grocery store;
         (f)   A convenience store;
         (g)   A vending location;
         (h)   A conveyance used to transport people;
         (i)   An institution; or
         (j)   A food bank.
      (2)   Relinquishes possession of food to a consumer directly or indirectly through a delivery service, such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers;
      (3)   Includes an element of the operation, such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted (licensed) by proper authority;
      (4)   Is conducted in a mobile, stationary, temporary or permanent facility or location, where consumption is on or off the premises, and regardless of whether there is a charge for the food; and
      (5)   Is a bed and breakfast establishment as defined and regulated under I.C. 16-41-31 et seq.
   TEMPORARY RETAIL FOOD ESTABLISHMENT. Any retail food establishment which shall operate for a period of time not to exceed 14 days.
(Ord. A-00-64, passed 12-4-2000)
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