A. Congregation Of Persons: Any assembly or congregation of two (2) or more persons loitering or spending their time idly after dark upon public or private streets, alleys, driveways, parking lots or other property within public view or hearing, where some member or members of such assembly, congregation or group cannot be identified by the city police, or who are not promptly identified to the city police, are engaged or contemporaneously have engaged in disturbing the peace, offending public decency, using vile or profane language, annoying, injuring or endangering the comfort, repose, health, or safety of others or littering public or private property by throwing, dropping, laying or leaving cans, bottles, wastepaper, trash or other refuse upon such public or private property, is hereby declared to be a public nuisance. (1986 Code § 13-25)
B. Abatement By Chief Of Police: When any such public nuisance is in existence within the presence or personal knowledge of the chief of police or any member of the police department of the city or upon written complaint of the existence of such public nuisance, as herein defined, by any citizen of the city, such chief of police or member of the police department of the city may abate such nuisance by ordering all members of such assembly, congregation or group to disperse and to cease and desist from loitering or spending their time idly at any public place or place open to the public or within public view within the limits of the city, and may order minors under the age of eighteen (18) in such assembly, congregation or group to go to their respective homes or places of abode. (1986 Code § 13-26; amd. 2005 Code)
C. Refusal To Comply: Any person who refuses to comply with or violates any order of the chief of police or any member of the police department pursuant to this section shall be guilty of an offense against the city, unless at the time of the giving of such order by the chief of police or any member of the police department, such person shows justifiable cause to remain temporarily upon the streets or other public place within the city for some limited time to accomplish some lawful and legitimate purpose. (1986 Code § 13-27)
D. Littering: It is further declared to be unlawful for any person to litter any public or private street, alley, driveway, parking lot, or other property not his own, by throwing, dropping, laying or leaving bottles, cans, wastepaper, trash, or other refuse in or upon such public or private property. (1986 Code § 13-28)