§ 10-612.  Gambling. 155
   (1)   No person shall gamble or set up, establish or conduct a gambling operation on any street, sidewalk alleyway, passageway, or other public right-of-way, or on any property owned by the City or other public agency. For purposes of this Section, to "gamble" shall include, but not be limited to, playing for money (or any other thing of value) any of the following: "three card monte", blackjack, spades, or other card game; and craps or other dice game; causing or attempting to cause dogfights (for financial gain or profit).
   (2)   No person shall attempt to gamble, incite others to gamble, or attempt to set up, establish or conduct a gambling operation on any street, sidewalk, alleyway, passageway, or other public right-of-way, or on any property owned by the City or other public agency.
   (3)   Penalties. 156
      (a)   The penalty for a violation of this Section shall be a fine not exceeding three hundred dollars ($300) except for violations regulated by subsection (b).
      (b)   Any person violating this Section in a playground owned or controlled by the City shall have committed a Class III offense and shall be subject to the fines set forth in subsection 1-109(3), or imprisonment for not more than ninety (90) days, or both.
      (c)   Repeat Offenders. Any person who commits, on more than one occasion, a violation of this Section shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than three hundred dollars ($300), or imprisonment for not more than ninety (90) days, or both. Repeat offenders of subsection (b) shall be subject to the fines set forth in subsection 1-109(3), or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall constitute a separate Repeat Violation offense.
      (d)   Notwithstanding the foregoing, any person authorized to enforce ordinances may, at their discretion, seize any monies, in plain sight and identifiable as a profit of the gambling, at the time of the violation. Such monies, not exceeding three hundred dollars ($300), shall be forfeited, except that for violations of subsection (b), such monies, not exceeding the fines set forth under subsection 1-109(3), shall be forfeited. Any monies seized shall be processed and directed to the Director of Finance and the Bureau of Administrative Adjudication pursuant to Section 10-1604.

 

Notes

155
   Added, Bill No. 000021 (approved May 31, 2000).
156
   Amended, Bill No. 070272 (approved September 20, 2007).