CHAPTER 5
OFFENSES AGAINST PUBLIC ORDER AND DECENCY

SECTION:

11-5-1: Public Intoxication And Public Drinking

11-5-2: Public Urination

11-5-3: Mutual Combat

11-5-4: Obstructing Streets And Sidewalks

11-5-5: Aggressive Solicitation

11-5-6: Sound Producing Devices

11-5-7: Reserved

11-5-8: Public Indecency

11-5-9: Gang Loitering

11-5-10: Antigang Recruitment

11-5-11: Loitering With The Intent Of Engaging In Drug Related Activity

11-5-1: PUBLIC INTOXICATION AND PUBLIC DRINKING:

   A.   Definitions: As used in this section:

   ALCOHOLIC BEVERAGE: "Beer" and "liquor", as defined in Utah Code Annotated section 32A-1-101, alcoholic beverage control act, or its successor.

   OPEN CONTAINER: A container which has been opened, its seal broken or the contents of which have been partially consumed.

   OUTDOOR PUBLIC AREA: Any area open to the sky to which the public or a substantial group of the public has access and includes, but is not limited to, parking lots, accessways, sidewalks, or landscaped areas.

   B.   Drinking Liquor In Public Places: It is unlawful to consume liquor in a public building, park or stadium, except when consumption occurs as part of a special event for which a special event permit has been issued under authority of Utah Code Annotated section 32A-7-101, or its successor section.

   C.   Intoxication:

      1.   It is unlawful to be under the influence of alcohol, a controlled substance, or any substance having the property of releasing toxic vapors, to a degree that the person may endanger themselves or another, if such person is in a public place or in a private place where he/she unreasonably disturbs other persons.

      2.   A peace officer or a magistrate may release from custody an individual arrested under this section, if he or she believes imprisonment is unnecessary for the protection of the individual or another; or a peace officer may take the arrested person to a detoxification center or other special facility as an alternative to incarceration or release from custody.

   D.   Unlawful Consumption Or Possession Of Alcoholic Beverages In Public Places:

      1.   No person shall consume an alcoholic beverage in an unpermitted public place, or keep, carry or possess any open container containing an alcoholic beverage in an unpermitted public place.

      2.   "Unpermitted public place", as used in this section means:

         a.   Any public street, sidewalk, alley or right of way;

         b.   Any public park;

         c.   Any publicly owned building or publicly owned real property;

         d.   Any outdoor public area on the premises of a commercial or manufacturing building, except with the permission of the owner or lawful possessor of the property;

         e.   Boarded, vacant or abandoned commercial buildings; or

         f.   Vacant lots in areas zoned for commercial or manufacturing uses.

      3.   Notwithstanding the above, the consumption or possession of beer or alcoholic beverages shall not be prohibited:

         a.   Within any park or recreational facility in which the city has expressly granted a concessionaire operating in that park or recreational facility a license to sell alcoholic beverages during the hours the concessionaire is so operating and for one hour thereafter; or

         b.   Within any park, recreational facility, public building or public property in which the city has approved issuance of a special event beer license 1 for a city sponsored, civic event within the park or recreational facility during the designated hours of the event and for one hour thereafter;

         c.   When consumed or possessed in accordance with an alcoholic beverage permit for the MTC Learning park, Dinosaur park or the Ogden amphitheater as provided in subsection 6-1-9A of this code, or Union Station as provided in subsection 6-1-9B of this code; or

         d.   Within any premises or area identified in an alcoholic beverage license issued by the city under title 5, chapter 3, article C of this code, authorizing the sale, consumption or possession of beer.

      4.   It shall be unlawful for any person, other than the applicable concessionaire, to bring any alcoholic beverage into a city park or recreational facility for which a concession allowing the sale of beer has been granted or for any person to consume or possess any alcoholic beverage not sold by the concessionaire.

   E.   Penalty: An offense under this section is a class C misdemeanor, subject to the penalties provided under title 1, chapter 4 of this code.

(1979 Code § 9.05.010; Ord. 98-46, 6-23-1998; amd. 1999 Code; Ord. 2002-49, 8-6-2002)

 

Notes

1	1. See subsection 5-3C-5F of this code.

11-5-2: PUBLIC URINATION:

   A.   Unlawful: A person is guilty of public urination where a person urinates in a public place while in the presence of another or under circumstances which the person should know will likely cause affront or alarm.

   B.   Penalty: Public urination is a class B misdemeanor, subject to the penalties provided under title 1, chapter 4 of this code.

(1979 Code § 9.05.020; Ord. 98-46, 6-23-1998; amd. 1999 Code)

11-5-3: MUTUAL COMBAT:

   A.   A person is guilty of mutual combat if he or she knowingly or recklessly engages in violent, tumultuous, assaultive or threatening behavior with one or more persons thereby causing public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof.

   B.   It is no defense to a prosecution under this section that he or she did not initiate the violent, tumultuous, assaultive or threatening conduct.

   C.   Mutual combat is a class C misdemeanor, subject to the penalties provided under title 1, chapter 4 of this code.

(1979 Code § 9.05.040; Ord. 98-46, 6-23-1998; amd. 1999 Code)