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CURFEW
As used in this subchapter, the following terms shall have the following meanings:
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets or highways, common areas of schools, shopping centers, parking lots, parks, playgrounds, transportation facilities, theaters, restaurants, shops, bowling alleys, taverns, cafes, arcades, and similar areas that are open to the use of the public. As a type of PUBLIC PLACE, a street is a way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. STREET includes that legal right of way, including, but not limited to, the actual traffic lanes, the curb, the sidewalks whether paved or unpaved, and any grass plots or other ground found within the legal right of way of a street.
(Ord. O-97-21, passed 11-3-97)
(A) Except in an emergency, it shall be unlawful for a person less than 17 years of age to be present at or upon any public place at the following times, unless accompanied and supervised by a parent, legal guardian or other responsible companion at least 18 years of age approved by a parent or legal guardian or unless engaged in a business or occupation which the laws of this state authorize a person less than 17 years of age to perform:
(1) Between 12:01 a.m. and 6:00 a.m. Saturday;
(2) Between 12:01 a.m. and 6:00 a.m. Sunday; and,
(3) Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.
(B) It is unlawful for a parent, legal guardian or other person to knowingly permit a person in his or her custody or control to violate division (A) of this subchapter.
(Ord. O-97-21, passed 11-3-97) Penalty, see § 131.99
DISORDERLY CONDUCT
A person commits disorderly conduct when he knowingly:
(A) Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace.
(B) Urinates or defecates on any public street, alley, sidewalk or in front of any public building or any building where the public gathers or has access or in any public place where such act could be observed by any member of the public, except in such place that has been designated as a restroom.
(C) Engages in violent, abusive, indecent, profane, boisterous, or unreasonably loud conduct in a public or private place under circumstances in which such conduct tends to cause or provoke a disturbance.
(D) Commits an act in a violent and tumultuous manner toward another person whereby the other person is placed in danger of his or her life, limb or health.
(E) Commits an act in a violent and tumultuous manner toward another person whereby the property of any person is placed in danger of being destroyed or damaged.
(F) Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another.
(G) Obstructs either singly or together with other persons the flow of vehicular or pedestrian traffic.
(H) Makes or causes to be made any loud, boisterous or unreasonable noise or disturbance to the annoyance of any other persons nearby or near to any public highway, road, street, alley, park, square or common whereby the public peace is broken or disturbed or the traveling public annoyed.
(I) Appears in any public place under the influence of alcohol, narcotics, or other drug or any combination thereof, not therapeutically administered to the degree that he or she may endanger himself or herself or other persons or property or annoys persons in his or her vicinity.
(J) If in connection with any commercial enterprise, plays or transmits or if in control of premises, permits any amplifying device to be played or transmitted over any speaker, music or spoken words, so that the sound of such music or spoken words emanates beyond the boundaries of the originating premises and penetrates the walls or windows of any residence within the city to the annoyance or disturbance of the occupant or occupants thereof.
(Ord. O-97-20, passed 11-3-97)
PUBLIC NUDITY
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENTITY. Any proprietorship, partnership, corporation, association, business trust, joint venture, joint-stock company, or other for profit or not for profit organization.
NUDE. The showing of:
(1) Human male or female genitals or pubic area with less than a fully opaque covering; or
(2) Any portion of the anal cleft or cleavage of the male or female buttocks. Attire that is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, thongs, and any other clothing or covering that does not completely and opaquely cover the anal cleft or cleavage of the male or female buttocks; or
(3) The portion of the human female breast directly or laterally below a point immediately above the top of the areola with less than a fully opaque covering; this definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided the areola is not exposed; or
(4) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
PERSON. Any live human being ten years of age or older.
PLACE PROVIDED OR SET APART FOR NUDITY. Enclosed single sex public restrooms, enclosed single sex functional shower, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor’s offices, portions of hospitals, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and sphere of privacy constitutionally protected therein. This term shall not be deemed to include places where a person’s conduct of being nude is used for his or her profit or where being nude is used for the promotion of business or is otherwise commercially exploited.
PUBLIC PLACE. Any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. PUBLIC PLACES include, but are not limited to, streets, sidewalks, parks, beaches, business and commercial establishments (whether for profit or not for profit, whether open to the public at large, or whether entrance is limited by a cover charge or membership requirement), hotels, motels, restaurants, night clubs, country clubs, cabarets, and meeting facilities utilized by any religious, social, fraternal or similar organization. Premises, or portions thereof, such as hotel rooms, used solely as a private residence, whether permanent or temporary in nature, shall not be deemed to be a public place.
(Ord. O-2003-12, passed 10-29-03)
Cross-reference:
Definitions relating to sexually oriented businesses, see § 115.02
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