A person is a disorderly person if the person is any of the following, or the person aids or abets another to do such an act, or engages in any practice so as to be:
(A) A person who is intoxicated in a public place;
(B) A person who disturbs the public peace and quiet by engaging in a disturbance, fight, quarrel or altercation in a public place;
(C) A person who obstructs, resists, impedes, hinders or opposes a peace officer in the discharge of his or her official duties;
(D) A person who furnishes a peace officer with a false, forged, fictitious or misleading, verbal or written, information identifying the person as another person, if the person is detained for investigation of a violation of a statute or township ordinance, or temporarily detained for the purpose of issuance of a civil infraction citation;
(E) A person who summons, as a joke or prank or otherwise, without any good reason therefore, by telephone or otherwise, the Police or Fire Department or any public or private ambulance to go to any address where the service called for is not needed;
(F) A person who makes a false report, by telephone or otherwise, to any public official which may reasonably be expected to cause the evacuation or closing of a building or place open to the public, or who knowingly makes a false statement or report to a peace officer;
(G) A person who is engaged in indecent or obscene conduct in a public place, including, but not limited to, the exhibition or exposure of his or her genitalia or buttocks;
(H) A person who urinates or defecates in a public place;
(I) A person who spits or expectorates on, at or toward another person;
(J) A person who, without permission, peeps or peers into the windows of any inhabitated place that he or she does not own or occupy;
(K) A person who prowls about any alley or the private premises of another person in the night time, without authority or the permission of the owner of such premises;
(L) A vagrant;
(M) A person who knowingly attends, frequents, operates or loiters in or about a place where gambling, the illegal sale of intoxicating liquor, controlled substances or any other illegal business or occupation is permitted or conducted;
(N) A person who maintains a gaming room, gaming table or any policy or pool tickets, used for gaming; knowingly allows a gaming table, or any policy or pool tickets to be kept, maintained, played or sold on any premises occupied or controlled by him or her except as permitted by law; conducts or attends any cock fight or dog fight; or places, receives or transmits any bet on the outcome of any race, contest or game of any kind whatsoever;
(O) (1) 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 division (O), 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 division (O) 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.
(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 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 (O)(3) 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 division (O), 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.
(P) A person who willfully enters the lands or premises of another without lawful authority after having been forbidden to do so by the owner or occupant, agent or servant of the owner or occupant;
(Q) A person who willfully enters the lands or premises of another and who neglects or refuses to depart from the land or premises of another after being notified by the owner or occupant, agent or servant of the owner or occupant to depart therefrom;
(R) A person who knowingly sells, gives or furnishes alcoholic beverages, beer, liquor or spirits to any person under the age of 21 years or to any drunken, intoxicated or disorderly person;
(S) A person who possesses any open intoxicant or consumes any alcoholic beverages, beer, liquor or spirits while in or upon a public street, sidewalk or non-licensed public place;
(T) A person who is under the age of 18 years and possesses or smokes cigarettes, or cigars; or possesses or chews, sucks or inhales chewing tobacco or tobacco snuff; or possesses or uses tobacco in any other form, on a public highway, street, alley, park or other lands used for public purposes or in a public place of business or amusement, or in any public, private or parochial school building or surrounding school grounds, whether public, private or parochial, in the township;
(U) A person who sells, gives or furnishes any cigarette, cigar, chewing tobacco, tobacco snuff or tobacco in any form to a person under 18 years of age;
(V) A person who is found jostling, shoving, pushing or roughly crowding people without permission in a public place;
(W) A person who makes or continues any loud noise which annoys disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the township, including but not limited to:
(1) Sounding any horn, or signal device on any automobile, motorcycle, bus, streetcar or other vehicle for reason other than as a signal in response to an imminent danger and implemented as an immediate safety measure, for an unnecessary and unreasonable duration, or unreasonably loud or harsh;
(2) Playing or amplifying any radio, phonograph, stereo, tape or disc player or musical instrument in such a manner or with such volume so as to annoy or disturb the quiet, comfort or repose of persons in an place of business, or any dwelling, hotel or other type of residence, or of any persons in the immediate vicinity;
(3) Yelling, shouting, hooting, whistling or singing on a public street or sidewalk at any time or place, including private property, so as to annoy or disturb the quiet, comfort or repose of any persons in any place of business, or any dwelling, hotel or other type of residence, or of any persons in the immediate vicinity;
(4) Keeping any animal or bird which causes frequent or loud continued noise that disturbs the comfort or repose of any person in the vicinity;
(5) Blowing any whistle or siren, except as a warning of danger or upon request and authority of proper township authorities;
(6) Discharging the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle into a the open air, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(7) Intentionally squealing the tires of any motor vehicle;
(8) Erecting, excavating, demolishing, altering or repairing any building, or excavating streets and highways, other than between the hours of 7:00 a.m. and 10:00 p.m.;
(9) Creating loud and excessive noises in connection with the loading or unloading of any vehicle, or the opening and destruction of bales, boxes, crates and containers; and
(10) Creating noise with any drum, loudspeaker or other instrument or device to attract attention to any performance, show or sale or display of merchandise.
(X) A person who disables or attempts to disable, in whole or in part, any motor vehicle owned or operated by another person, by any means, including, but not limited to, deflating tires attached to said motor vehicle, or placing a foreign substance in the motor vehicle’s fuel tank;
(Y) A person who throws or propels any snowball, rock, missile or object from any moving vehicle;
(Z) A person who enters any enclosed or unenclosed vegetable garden, flower garden, orchard or farm located within the township without the consent of the owner or tenant, and who cuts down, injures, damages, destroys, eats, digs up or carries away any portion of the garden or orchard, including any growing thing, crop, tree, timber, grass, seed, soil, fertilizer, water supply, tool, implement, fence or other protective device or any other thing used for the development, cultivation, maintenance and use of the aforesaid gardens, orchards or farm;
(AA) A person who maliciously telephones any other person for the purpose of harassing, molesting, threatening, intimidating or annoying such other person or his or her family, whether or not conversation ensues;
(BB) Any person 17 years of age or older, who shall accost, solicit or invite another in any public place, or in or from any building or vehicle, by word, gesture or any other means, to commit prostitution or to do any other lewd or immoral act;
(CC) A person who invites, entices, coaxes, persuades or induces by threat, promise or false statement, any minor child under the age of 17 years to enter any motor vehicle or conveyance, or private property or place, except where the parent or guardian of that child has given that person express consent; this section shall not prohibit school personnel, peace officers or public health or social worker personnel from carrying out the normal duties of their employment;
(DD) A person who carries a knife having a blade of three inches in length or more, whether in a sheath or not, in a public place;
(EE) A person who carries any firearm, air rifle bow and arrow, slingshot, crossbow or other dangerous weapon in any public place, subject to the following exceptions:
(1) When it is in a case and is not loaded;
(2) When a bow or crossbow is unstrung or encased, or when it is being carried under the direct supervision of authorized public recreational personnel; or
(3) Where and as otherwise permitted by state law.
(FF) A person who:
(1) Owns any animal and who permits the animal to run at large, except, however, that a dog engaged in hunting need not be leashed when under the reasonable control of its owner;
(2) Owns any dog of any age, license or unlicensed, wearing a collar or not wearing a collar, except a leader dog for a handicapped person accompanied by its owner, and who permits the dog to be within the confines of any public park when such park, by appropriate designation at its entrance, prohibits dogs;
(3) Owns any dog at any time, licensed or unlicensed, which destroys property, real or personal, or trespasses in a damaging way on property of persons other than the owner;
(4) Owns any dog, cat, livestock, poultry or other animal at any time, licensed or unlicensed, which attacks or bites a person;
(5) Owns any dog which shows vicious habits, including, but not limited to, charging, snarling, growling and the like when such persons are lawfully on a public highway, right-of-way or adjacent property;
(6) Owns, keeps, houses, tethers or otherwise possesses or maintains any animal in such a way or manner or in such location whereby noises emanating from said animal, including, but not limited to, loud and frequent barking, howling or yelping, shall cause a disturbance or otherwise disrupts the peace, quiet and tranquility of persons within the limits of the township, is a nuisance in the neighborhood in which the animal is kept, possessed or harbored. This section shall not apply to kennels lawfully operating within the township, except upon evidence of mistreatment of animals situated therein;
(7) Owns any livestock or poultry which is kept, possessed or harbored within the boundaries of any nonagricultural area within the township;
(8) Owns any dog or other animal which is not confined upon the premises of the owner between sunset or sunrise of the following day, except when the dog or other animal is otherwise under the reasonable control of the owner;
(9) Removes a collar or a tag from any dog or any other animal without the permission of its owner, or decoys or entices any dog or other animal out of an enclosed or off the property of its owner, or seizes, molests or teases any dog or other animal while held or led by any person or while on the property of its owner; or
(10) A person who intentionally and maliciously kills, injures or maims any animal, livestock or poultry owned by another person. However, any person may kill any dog or other animal which he or she sees in the act of or actually attacking or wounding any person, livestock, poultry or other animal, and there shall be no liability on such person in damages or otherwise for such killing. In no event shall the provisions of this subsection exonerate a person from compliance with the criminal laws of this state, including by way of example, the safe discharge of firearms.
(Ord. 173, passed 7-8-2002) Penalty, see § 130.99