CHAPTER 12
GENERAL CRIMINAL OFFENSES DEFINED
SECTION:
4-12-4: Disorderly Conduct And Disorderly Premises
4-12-11: Intoxication By Or Possession Of Inhalants, Toxicants, Or Solvents By Adults
4-12-12: Discharges Of Firearms And Dischargeable Instruments
4-12-13: Diving/Jumping From Bridges
4-12-14: Driving Motor Vehicles Into Creek Or River Beds
4-12-1 ANIMALS AT LARGE:
It shall be unlawful to permit or allow any horse, mule, cattle, sheep, goats, swine or domestic fowl to run at large, or to be herded in any of the streets, alleys or public grounds within the corporate limits of Garden City. Such animals running at large may be seized or impounded by the city of Garden City or agent thereof at the owner’s expense. A violation of this section shall be a misdemeanor. (Ord. 629, 10-11-1994)
4-12-2 ASSAULT:
An assault is:
A. An unlawful attempt, coupled with an apparent ability to commit a violent injury on the person of another; or
B. An intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well founded fear in such person that such violence is imminent. A violation of this section shall be a misdemeanor. (Ord. 629, 10-11-1994)
4-12-3 BATTERY:
A battery is any:
A. Wilful and unlawful use of force or violence upon the person of another; or
B. Actual, intentional and unlawful touching or striking of another against the will of the other; or
C. Unlawfully and intentionally causing bodily harm to an individual.
A violation of this section shall be a misdemeanor. (Ord. 629, 10-11-1994)
4-12-4 DISORDERLY CONDUCT AND DISORDERLY PREMISES:
A. Disorderly Conduct: Any person who shall commit any violent, noisy, or riotous conduct, or who shall use any profane, abusive or obscene language, or in any way commit a breach of the peace, or do anything that shall be dangerous to the inhabitants of the city shall be deemed guilty of a misdemeanor.
A violation may include, but not be limited to, the following:
1. Accosting other persons or person in any public place or in any place open to the public for the purpose of begging or soliciting alms; or
2. Occupying, lodging or sleeping in any building, structure or place, whether public or private, or any automobile, truck, railroad car or other similar vehicles or equipment without the permission of the owner or person entitled to the possession or in control thereof; or
3. Loitering, prowling or wandering upon the private property of another without lawful business, permission or invitation by the owner or the lawful occupants thereof; or
4. Wilfully fleeing or attempting to elude a police officer after being lawfully ordered to stop by an identified peace officer of the state of Idaho.
B. Disorderly Premises: It shall be unlawful for any person or persons to host or promote a party, convention, show, exhibition, performance, gathering, or event on public or private property within any area of the city:
that is disruptive to the public peace, health, safety, or welfare due to the magnitude of the crowd, loud music or other noise, disturbances, unruly behavior by those in attendance, excessive traffic, or destruction of property, between ten o’clock (10:00) P.M. and six o’clock (6:00) A.M., on two (2) or more occasions within the period of three (3) months, and the person or persons responsible for the party, convention, show, exhibition, performance, gathering, or event knew or reasonably should have known of the disturbance; or
where a person under the age of twenty-one (21) years is in possession of, is consuming, or is under the influence of, an alcoholic beverage, at any time during the day or night, and the person or persons responsible for the party, convention, show, exhibition, performance, gathering, or event knew or reasonably should have known that the person in possession of, consuming, or under the influence of an alcoholic beverage is under the age of twenty-one (21) years.
1. An unlawful disorderly premises that is disruptive to the public peace, health, safety, or welfare described in this subsection B must be reported by a complaining party and confirmed by either another party not of the complaining party’s household and/or a law enforcement officer. It shall be prima facie evidence of being disruptive to the public peace, health, safety, or welfare if the noise is clearly audible at a distance of one hundred and fifty (150) feet from the premises. It shall be prima facie evidence that the person or persons responsible for the party, convention, show, exhibition, performance, gathering, or event knew or reasonably should have known of the disturbance if the person(s) or an agent, representative, or employee of the person(s) received a written or oral warning from a law enforcement officer.
a. Exceptions:
(1) The prohibitions of this subsection shall not apply to a police officer acting in the course and scope of his or her duties.
(2) The prohibitions of this subsection shall not apply to a public agency engaged in public safety.
2. An unlawful disorderly premises where a person under the age of twenty-one (21) years is in possession of, is consuming, or is under the influence of an alcoholic beverage described in this subsection B does not need to be reported by a complaining party other than a law enforcement officer.
3. Definitions for the purposes of this subsection:
a. "Alcoholic beverage" means any beverage containing alcohol, including liquor, spirits, beer, and wine.
b. "Convention" means a formal meeting of members, representatives, or delegates, as of a political party, fraternal society, profession or industry.
c. "Occasion" means something that brings on or precipitates a complaint, and multiple occasions can occur during one party, convention, show, exhibition, performance, gathering, or event. However, it shall not be an unlawful disorderly premises, which is disruptive to the public peace, health, safety, or welfare, as described in subsection B.1 of this section if any person or persons hosting or promoting a party, convention, show, exhibition, performance, gathering, or event abates the magnitude of the crowd, loud music or other noise, disturbances, unruly behavior by those in attendance, excessive traffic, or destruction of property within fifteen (15) minutes of the first occasion.
d. "Party" means a social gathering especially for pleasure or amusement.
e. "Person" means an individual, partnership, corporation, organization, or association.
f. "Person responsible for the party, convention, show, exhibition, performance, gathering, or event" means:
(1) The person or persons in charge of the premises where the party, convention, show, exhibition, performance, gathering, or event takes place; and/or
(2) The person or persons authorizing the use of the premises for the party, convention, show, exhibition, performance, gathering, or event; and/or
(3) The person or persons who organized the party, convention, show, exhibition, performance, gathering, or event.
g. "Premises" includes, but is not necessarily limited to, any home, apartment, condominium, or other dwelling unit, or meeting room or hall, club, arena, theater, restaurant, convention center, concert house, event center, smoking establishment, tavern, store, golf course, school, or park, including the yard, curtilage, patio, poolside area, parking lot, or similar improved appurtenance of such premises, which is owned, rented, leased or under the control of the person or persons responsible for the party, convention, show, exhibition, performance, gathering, or event, regardless of whether such premises is occupied on permanent or temporary basis, or merely occupied as a premises for a social function.
h. "Public agency" means any local or state agency. "Local agency" includes a county, city, school district, municipal corporation, district, public health district, political subdivision, or any agency thereof, or any committee of a local agency, or any combination thereof. State agency includes every state officer, department, division, bureau, commission and board or any committee of a state agency including those in the legislative or judicial branch.
i. "Public safety" means the condition of being safe from bodily harm and/or property damage, including prevention and protection of the public from hazards affecting safety.
j. All other words and phrases used in this subsection, the definitions of which are not herein given, shall be given their ordinary and commonly understood and acceptable meanings.
4. The court may order restitution to be paid by a person who pleads guilty or is found guilty of disorderly premises, which required a law enforcement or emergency response. Such restitution, if ordered, would include actual costs for law enforcement or other emergency services incurred for the purpose of abating any of the conditions or violations described in this subsection.
5. Nothing in this subsection shall be construed or enforced in violation of a person’s constitutional rights.
6. Any person who hosts or promotes an unlawful disorderly premises shall be guilty of a misdemeanor. (Ord. 629, 10-11-1994; Ord. 958-13, 6-24-2013)
4-12-5 FIGHTING:
If two (2) or more persons shall meet in any street or other public place or upon private property open to the public, to do any unlawful act upon any common cause of quarrel, and shall make advances toward it, or shall actually do an unlawful act of violence, or engage in any fight, either with or without a common cause of quarrel, or even do a lawful act in a violent, tumultuous and illegal manner, they shall be guilty of a misdemeanor. (Ord. 629, 10-11-1994)
4-12-6 OBSCENE CONDUCT:
Any person who shall be in the streets, or other public places or upon private property open to the public, in a state of drunkenness, or shall expose his person indecently or obscenely, or who shall in any public place in a loud, angry or threatening manner use any vulgar, obscene or profane language of any insulting character tending in any way to injure or harm any person, or whereby the peace or quiet of the inhabitants of the city may be disturbed, shall be guilty of a misdemeanor. (Ord. 629, 10-11-1994)
4-12-7 RESISTING AN OFFICER:
Every person who wilfully and unlawfully resists, delays or obstructs any public officer in the discharge or attempt to discharge of any duty of his office is guilty of a misdemeanor. (Ord. 629, 10-11-1994)
4-12-8 OPEN LEWDNESS:
A person commits a violation if he or she does any lewd act which he or she should reasonably know is to be observed by one or more persons who would be affronted or alarmed by said act. A violation of this section is a misdemeanor. (Ord. 629, 10-11-1994)
4-12-9 INDECENT EXPOSURE:
It shall be unlawful for any person, for the purpose of arousing or gratifying sexual desire for himself/herself or of any other person other than his/her spouse, to publicly expose his/her genitals. A violation of this section is a misdemeanor. (Ord. 629, 10-11-1994)
4-12-10 WINDOW PEEPING:
It shall be unlawful for any person, while loitering, prowling or wandering upon private property of another, to look, peer or peek in, or be found loitering around or within view of any door or window of any inhabited building or structure located therein, without visible or lawful business with the owner or occupant thereof. A violation of this section shall be a misdemeanor. (Ord. 629, 10-11-1994)
4-12-11 INTOXICATION BY OR POSSESSION OF INHALANTS, TOXICANTS, OR SOLVENTS BY ADULTS:
A. Except as provided in subsection D of this section, it shall be unlawful for any person, eighteen (18) years of age or older, to consume, inhale, or ingest, or attempt to or possess with the intent to consume, inhale, or ingest, for the purpose of becoming or attempting to become intoxicated, any substance capable of causing intoxication.
B. For the purposes of this section, “any substance capable of causing intoxication” means any substance, and its fumes or vapors, that is capable of causing intoxication as a result of consumption, inhalation, or ingestion and that is not intended for such consumption, inhalation, or ingestion for the purpose of becoming or attempting to become intoxicated.
1. Such substances may include, but are not limited to: aerosols, propellants, gases, and solvents, regardless of their form, that contain chemicals such as acetate, acetone, chlorofluorocarbons, chloroform, ethanol, ether, fluorocarbons, freon, gasoline, hydrocarbons, hydrofluorocarbons, kerosene, nitrous oxide, toluene, and other similar chemicals used in products including, but not limited to: air fresheners, cement, cleaning solutions, correction fluid, glue, paint, paint thinners, and whipped cream cans.
C. For the purposes of this section, “intoxication” means a state in which a person’s normal capacity to act or reason is inhibited, or a dulling of the brain or nervous system.
D. Nothing in this section shall be construed to: include or regulate any act or substance that is regulated by the Uniform Controlled Substances Act (Idaho Code Section 37-2701 et seq.); prohibit the lawful consumption of alcoholic beverages not otherwise prohibited by law; prohibit the use of prescription medication used pursuant to the instructions of a licensed healthcare provider or, in the case of over-the-counter medication, the instructions of a manufacturer, provided the medication is not otherwise prohibited by law; or prohibit the use of consumer and household products used pursuant to the instructions and intended purpose of a manufacturer.
E. A violation of this section is a misdemeanor. (Ord. 629, 10-11-1994; amd. Ord. 1012-19, 9-9-2019)
4-12-12 DISCHARGES OF FIREARMS AND DISCHARGEABLE INSTRUMENTS:
A. Definitions: For purposes of this section, the following terms shall be defined as follows:
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DISCHARGEABLE INSTRUMENT: |
An instrument used in the propulsion of shot, BB, pellet, blow dart, or other projectile through the action of release of a pressurized gas, compressed air, expanding gas, accelerant, spring, or other force producing means including, but not limited to, air rifles, spring guns, wrist rockets, airsoft guns, BB guns, pellet guns, paintball guns, rockets having a propellant charge of more than four (4) ounces, bows, compound bows, crossbows, and recurve bows. |
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FIREARM: |
A weapon or instrument used in the propulsion of shot, shell, bullets, or other projectile by the action of gunpowder exploded within it. |
B. Prohibition: No person shall discharge any firearm or dischargeable instrument on public or private property within the city.
C. Exceptions:
1. Nothing contained in this section shall be construed to modify or affect state laws or city ordinances governing the discharge of fireworks.
2. The prohibitions of this section shall not apply to a person lawfully discharging a firearm or dischargeable instrument at a lawfully permitted paintball shooting facility or at a sport shooting range as defined in title 55, chapter 26 and title 67, chapter 91, Idaho Code; nor shall the prohibitions of this section be construed to modify or affect the application of state and local laws regarding such activities or facilities.
3. The prohibitions of this section shall not apply to a police officer acting in the course and scope of his or her duties.
4. The prohibitions of this section shall not apply to a person acting in the lawful defense of person(s) or property.
5. The prohibitions of this section shall not apply to a person discharging a starter pistol or other instrument designed and operated as a noisemaker only.
6. The prohibitions of this section shall not apply to a person discharging a firearm or dischargeable instrument for ceremonial, demonstration, or protection of person or property purposes, where such person is first expressly authorized in writing by the police chief or his designee to do so and is acting within the time, place, and manner as specified in such written authorization. The council shall reserve the right to approve or disapprove or revoke and terminate the use that tends to create a hazard or would be otherwise detrimental to the public safety.
D. Penalties: Any person who violates any provision of this section shall be guilty of a misdemeanor. (Ord. 946-12, 6-18-2012)
4-12-13 DIVING/JUMPING FROM BRIDGES:
It shall be unlawful for any person to dive or jump from any bridge spanning any portion of any river, estuary or canal located within the corporate limits of Garden City. A violation of this section shall be a misdemeanor. (Ord. 629, 10-11-1994)
4-12-14 DRIVING MOTOR VEHICLES INTO CREEK OR RIVER BEDS:
It shall be unlawful for any person to drive, push or tow any motor vehicle into creek, stream or river bed within the corporate limits of Garden City. The "creek", "stream" or "river bed" is defined as commencing at the mean high water mark on one side of the creek, stream or river to the mean high water mark on the opposite side. A violation of this section shall be a misdemeanor. (Ord. 629, 10-11-1994)
4-12-15 PENALTIES:
Any person convicted of a violation of any provision of this chapter shall be guilty of a misdemeanor punishable by imprisonment in a county jail for a period not exceeding six (6) months, or by a fine not exceeding three hundred dollars ($300.00), or by both. (Ord. 629, 10-11-1994)