For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PREMISES. Any land, lot, parcel, sidewalk, boulevard, street, highway, alley, thoroughfare, park, playground, restaurant, café, church, school, car or parking lot or parking space, drive-in, any building used for business purposes, commercial or industrial purposes, or any other place, washroom or toilet, apartment hallway, or other location whether public or private in the City of Park Rapids.
(Prior Code, § 42-7)
(A) It is unlawful for any person or persons to congregate on any private lands because of, or participate in, any party or gathering of people from which noise emanates of a sufficient volume or of a nature as to disturb the peace, quiet, or repose of other persons. Any owner or person in lawful possession or control of private lands who has knowledge of the disturbance and fails to immediately abate the disturbance shall be guilty of a violation of this section.
(B) It is unlawful for any person or persons to congregate on any private lands of another because of, or participate in, any party or gathering of people in the absence of the owner of the private lands being present, without first having obtained written permission from the landowner. The written permission shall at all times be in the possession of 1 or more persons at the site of the congregation. The document containing the written permission must bear the signature of the landowner and date of the permitted use. Failure to display written permission upon request shall be considered prima facie evidence of an absence of permission from the owner.
(C) A violation of division (A) or (B) above of this section shall give a police officer the authority to order all persons present, other than the persons identifying themselves as the owner or persons in lawful possession or control of the land, to immediately disperse. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
(D) It is unlawful for the owner or other person in charge of rental living units to knowingly or repeatedly permit thereon conduct prohibited by division (A), (B) or (C) above of this section.
(E) A violation of this section shall be a misdemeanor.
(Prior Code, § 42-1) (Ord. 245, passed 1991) Penalty, see § 130.99
(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. 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.
(B) 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.
(C) 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 such 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.
(D) For the purpose of this section, PUBLIC PLACEhas 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.
Penalty, see § 130.99
Whoever unlawfully places upon the windshield, door, handle, or on any other external part or portion of any motor vehicle any loose paper, handbills, litter or material of like nature, is guilty of a petty misdemeanor.
(Prior Code, § 42-3) (Ord. 103, passed 1944) Penalty, see § 130.99
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