CHAPTER 6.12
GENERAL OFFENSES
SECTION:
6.12.010: Display Of Adult Materials
6.12.040: Weapons And Firearms
6.12.050: Liquor Related Offenses
6.12.060: Injuring Or Tampering With Property
6.12.010 DISPLAY OF ADULT MATERIALS:
A. Legislative Findings And Authorization: The city council does find that there exists and has existed an increasing trend toward the display of adult materials at grocery stores, convenience stores, drugstores, and other retail outlets within the city. Said adult material is often displayed within the open view of children of tender years and is easily accessible to them. The city council finds that this material is adverse to the public peace, morals and good order of young children. The council further finds that it is in the best interest of the public safety, welfare and convenience of the city to prohibit the display of adult material and to adopt the following regulations so that adverse impacts upon young children are kept to a minimum. (1972 Code § 9.33.010)
B. Definitions: As used in this section, the following words and phrases shall have the following meanings:
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ADULT MATERIAL: |
Any magazine, newspaper, publication, poster, display, or advertisement (including advertising appearing on the cover or wrapper of merchandise offered for sale or rent to the public) which contains on the outside any photograph, picture, drawing or depiction of any of the following: |
1. The complete exposure of the entire nipple area or entire areola area of any female breast or breasts except those of infants; and
2. The complete exposure of the entire genitalia or buttocks of either males or females, except those of infants.
This definition of "adult material" does not include any art or photography publication which devotes at least twenty five percent (25%) of the lineage of each edition to articles and advertisements dealing with the subjects of art or photography. Nor does this definition apply to any news periodical which reports or describes current events and which, from time to time, publishes photographs or depictions of nude or seminude persons when describing cultures in which nudity or seminudity is indigenous to the population. The city council finds that medical publications or bona fide educational publications do not usually publish on their covers any photograph or depiction which is included in the definition of adult material and that, therefore, it is not necessary to define this type of publication.
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DISPLAY: |
Exhibiting or exposing adult materials so that the same are within the open view of patrons, invitees and visitors to the premises where such materials are located, or are visible from any public street, thoroughfare, sidewalk or pedestrianway, or other residential or business premises. "Display" includes the exhibiting of adult material from newsracks or newspaper vending stands. |
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PERSON: |
Any individual, partnership, firm, association, corporation, or other legal entity. (1972 Code § 9.33.020) |
C. Display Of Material Prohibited: No person shall display adult material, or permit or allow the display of adult material. (1972 Code § 9.33.030)
D. Violation; Penalty: Any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this section shall be guilty of a misdemeanor, punishable as prescribed in section 1.16.010 of this code. Any violation of this section constitutes a separate offense for each and every day during which such violation is continued, as provided in section 1.16.010 of this code. (1972 Code § 9.33.040)
E. Public Nuisance: In addition to the criminal penalty provisions provided by this code, violation of any subsection or provision of this section is declared to be a public nuisance, and may be abated as such by the city. (1972 Code § 9.33.050)
6.12.020 LOITERING:
A. Refusal To Obey Dispersal Order: Whenever one or more persons obstruct the free passage of any street, sidewalk, alley, public way or place used by members of the public to go from place to place, these persons shall move on or disperse when ordered to do so by a police officer. It is unlawful for any person to refuse or fail to disperse or move on when directed to do so by a police officer. (1972 Code § 9.34.010; amd. Ord. 2010-61, 2-16-2010)
B. Obstructing Public Ways Or Business Establishments:
1. Definition: For the purpose of this section, "business establishment" means any retail store, food market, theater, restaurant, drive in restaurant, gasoline service station, bar, hotel, motel, and any other establishment which is open to and provides the public with any goods or services.
2. Prohibition: It is unlawful for any person to stand, sit, linger, idle or loiter on any street, alley, sidewalk, park or other public place, or in or about any business establishment, either on foot or in an automobile or other vehicle, in such a manner as to obstruct or hinder the free passage of persons along the public ways, or to obstruct or hinder persons entering and exiting from any business establishment, or from conducting the lawful business therein. (1972 Code § 9.34.020; amd. Ord. 2010-61, 2-16-2010)
C. Public Parks:
1. The city council, by ordinance or resolution, may determine the closing hour and the opening hour for any public park.
2. When signs are in place giving notice of the closing hour and of the opening hour of the public park, it is unlawful for any person to loiter or remain in any public park at any time between the time posted for closing and the time posted for opening of any such park. (1972 Code § 9.34.030; amd. Ord. 2010-61, 2-16-2010)
6.12.030 EXCESSIVE NOISE:
A. Outdoor Jukeboxes, Loudspeakers: No outdoor jukebox, loudspeaker, or similar devices may be played or operated after ten o’clock (10:00) P.M. No jukebox, record players, loudspeakers, or similar devices should be operated at any time in such a manner that it can be heard at a place two hundred feet (200’) distant. (1972 Code § 9.36.010; amd. Ord. 2010-61, 2-16-2010)
B. Unnecessary Noise: No person shall make any unnecessary noises or sounds which are physically annoying to persons of ordinary sensitiveness or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to occasion physical discomfort. (1972 Code § 9.36.020; amd. Ord. 2010-61, 2-16-2010)
C. Locomotive Whistles And Bells:
1. No person operating a locomotive or other railroad engine within the city shall blow or sound the whistle or bell of the engine for any purpose other than to give warning of the immediate approach of the engine for the protection of life and property.
2. No person in the giving of warnings upon approaching street crossings shall blow or sound such warning whistle or bell for an unnecessary length of time. For the purpose of this section, each warning signal shall not exceed one second in duration and not over three (3) separate signals shall be given for each street crossing. This limitation shall not apply in cases where the engineer perceives persons or property in a position of peril, making additional warnings necessary, or where federal laws or regulations prescribe otherwise. (1972 Code § 9.36.030; amd. Ord. 2010-61, 2-16-2010).
6.12.040 WEAPONS AND FIREARMS:
A. Air Rifles: It is unlawful for any person to discharge, within the city limits, any air rifle, air pistol, BB gun, or any other type of weapon operated by compressed air or gas. (1972 Code § 9.54.010; amd. Ord. 2010-61, 2-16-2010)
B. Surrender Of Weapon: Upon the arrest and conviction of any person, the weapon so discharged shall be declared to be a nuisance, and surrendered to the chief of police. Such officer shall, except upon the certification of the city attorney or district attorney that the preservation thereof is necessary or proper to the ends of justice, annually destroy, or cause to be destroyed, such weapons. (1972 Code § 9.54.020; amd. Ord. 2010-61, 2-16-2010)
C. Firearms: No person shall, without first obtaining permission from the city council, shoot or discharge any pistol, rifle, gun, or other firearm, not in necessary self-defense, or in performance of official duty, within the city, or use any police or watchman’s whistle except when necessary to call to his aid a police officer. (1972 Code § 9.54.030; amd. Ord. 2010-61, 2-16-2010).
6.12.050 LIQUOR RELATED OFFENSES:
A. Drinking In Public:
1. Open Containers:
a. As used in this section, "open container" shall include, but is not limited to, any bottle, can, thermal jar or jug, vessel, or other receptacle which is open, has been opened, or which has a seal broken, or the contents of which have been partially removed.
b. No person shall consume, drink or possess an open container of any alcoholic beverage on or in restaurants, public eating places, places of public amusement and/or taverns which are not licensed for the sale of alcoholic beverages, nor consume, drink or possess an open container of any alcoholic beverage on premises which are licensed to sell alcoholic beverages during hours when such sale or dispensation is prohibited by law.
c. It shall be a violation of this section for the proprietors, owners and/or persons in charge of said restaurants, public eating places, places of public amusement and/or taverns to permit the consumption, drinking or possession of an open container of any alcoholic beverage as described hereinabove.
2. Consumption In Specific Locations: No person shall consume, drink, exhibit or possess an open container of any alcoholic beverage on the following premises:
a. Any public street, sidewalk, way, alley, park or parking lot;
b. Within one hundred feet (100’) of any public street or right of way while on private property open to the public view without the express permission of the owner, the owner’s agent, or person in lawful possession thereof.
3. Applicability Of Subsection: Subsections A1 and A2 of this section shall not be deemed to make punishable any act or acts which are prohibited by any statute of the state. There is excepted from the provisions of this subsection A any person or persons in attendance at any planned group event in any public park in the city, for which special permission has been obtained from the city manager or designee to dispense or allow attendees to consume alcoholic beverages at said event.
4. Violation: Violation of any provision of subsections A1 and A2 of this section shall be deemed an infraction. (Ord. 2010-61, 2-16-2010)
6.12.060 INJURING OR TAMPERING WITH PROPERTY:
A. Watercourse Obstructions; Permits Required:
1. Obstruction: No person shall dam, fill, obstruct or maintain any dam, fill or obstruction in any natural watercourse or channel within the city without first having obtained a permit therefor from the city council.
2. Drainage Structure Permit: No person shall construct, reconstruct, alter, repair, install or maintain any drainage structure in any natural watercourse or channel without first having obtained a permit therefor from the city council.
3. Interference With Watercourse; Permit Required:
a. No person shall do anything to any natural watercourse, channel or drainage structure located therein that will in any manner obstruct or interfere with the flow of water through said watercourse, channel or drainage structure located therein.
b. Any property owner, lessee, or tenant of any property through which a natural watercourse, channel, or drainage structure located therein passes shall keep and maintain the same free from any obstructions that will in any manner prevent or retard the flow of water through such watercourse, channel or drainage structure located therein.
c. Notwithstanding subsections A3a and A3b of this section, a watercourse, channel or drainage structure may be filled or altered if a permit to do so has been first obtained pursuant to this chapter.
4. Contents Of Application:
a. Any person desiring to obtain a permit to construct, reconstruct or repair any drainage structure or to alter or change any natural watercourse or natural drainage channel, or to fill or obstruct the same, shall file an application in writing therefor with the city council which shall state:
(1) The name and address of the applicant, and if the applicant is a corporation, the names and addresses of the principal officers thereof;
(2) The place where such construction, reconstruction, repair or alteration is to take place;
(3) The type of construction proposed to be used in such construction, reconstruction, repair or alteration together with the materials to be used, shown on an accompanying diagram of the proposed work, and such other information as the city council may require to carry out the purpose of this section.
b. If the city council determines that the proposed structure, fill, alteration, or repair: 1) will not constitute a part of the city’s stormwater drainage system; 2) will not interfere with the flow of natural stormwater; and 3) will not injure adjoining property, the city council shall issue a permit to do the proposed work in the manner specified in the application, or in such manner as the city council may determine is required to carry out the purpose of this subsection. (Ord. 2010-61, 2-16-2010)