CHAPTER 130
GENERAL OFFENSES
Section
130.01 When opening alarm box unlawful
130.02 Unauthorized possession of box keys unlawful
130.03 Surrender of keys must be made upon demand
130.04 Interference with fire alarm system prohibited
130.05 Crossing fire hoses prohibited
130.06 Discharge of air or pellet gun unlawful
130.07 Discharge of firearms, fireworks prohibited; exceptions
130.08 Posting notices on city poles prohibited
130.09 Throwing stones and missiles prohibited
130.10 Curfew violations and parental responsibility
130.11 Temporary signs in the public right-of-way banned
130.12 Prohibition of alcoholic beverages during Blueberry Festival
130.13 Unnecessary noise prohibited
Cross-reference:
Consumer Fireworks, see Ch. 101
130.01 WHEN OPENING ALARM BOX UNLAWFUL.
It shall be unlawful for any person, except those connected with the management of the same, to open any fire alarm signal box, unless to give an alarm of fire.
(1994 Code, § 130.01) (Ord. 423, passed - -) Penalty, see § 10.99
130.02 UNAUTHORIZED POSSESSION OF BOX KEYS UNLAWFUL.
It shall be unlawful for any person to make, or cause to be made, or to have in his possession, any key for any fire alarm signal box of the fire alarm system of the city, without permission from the Chief of the Fire Department.
(1994 Code, § 130.02) (Ord. 423, passed - -) Penalty, see § 10.99
130.03 SURRENDER OF KEYS MUST BE MADE UPON DEMAND.
It shall be unlawful for any person entrusted with the care or keeping of any key to any fire alarm box of the fire alarm system of the city to fail or refuse to surrender possession of such key to the Chief of the Fire Department upon demand.
(1994 Code, § 130.03) (Ord. 423, passed - -) Penalty, see § 10.99
130.04 INTERFERENCE WITH FIRE ALARM SYSTEM PROHIBITED.
It shall be unlawful for any person, except the Chief of the Fire Department, or any person having permission from such Chief, to cut, molest, deface, injure, break, remove or in any manner destroy or disturb any fire alarm wire, machinery, battery, fixtures, instrument, box or apparatus belonging to or connected with any part of the fire alarm system to be used and operated in the city, or to make any connections or communications thereto, so as to intercept or interfere with the proper working of the fire alarm system.
(1994 Code, § 130.04) (Ord. 423, passed - -) Penalty, see § 10.99
130.05 CROSSING FIRE HOSES PROHIBITED.
It shall be unlawful for any person in charge of any animal or vehicle to allow the same to go upon or over any fire hose or apparatus belonging to the Fire Department, laid upon or along any street or public ground of the city for the purpose of being used at a fire or other necessary purpose.
(1994 Code, § 130.05) (Ord. 218, passed - -) Penalty, see § 10.99
130.06 DISCHARGE OF AIR OR PELLET GUN UNLAWFUL.
It shall be unlawful for any person to discharge a pump air gun or a gun shooting pellets within the city.
(1994 Code, § 130.06) (Ord. 834, passed - -) Penalty, see § 10.99
130.07 DISCHARGE OF FIREARMS, FIREWORKS PROHIBITED; EXCEPTIONS.
No person shall fire or cause to be fired within the city any gun, pistol, firecrackers, torpedoes or make, or cause to be made, any explosion with powder or any substance, except in defense of his life, liberty, property or the protection of his family or any member thereof; provided, that the Mayor may, upon application, grant special permission to fire a cannon and other arms on July 4 and on other occasions of public rejoicing, regulating in such permission, the time and place in which firing may be conducted; and provided further, that permission may also be granted to organized infantry, cavalry or artillery companies to discharge the firearms adopted by the respective branches of service when upon drill, or performing military duty.
(1994 Code, § 130.07) (Ord. 202, passed - -) Penalty, see § 10.99
130.08 POSTING NOTICES ON CITY POLES PROHIBITED.
It shall be unlawful for any person to post, paste or in any way attach or affix to any telephone pole, fire alarm or other pole erected by authority of the Common Council within the city any bill, notice, announcement or other advertisement; provided, that this section shall not apply to duly constituted officers and legal notices given by officers or any person acting under authority of any court.
(1994 Code, § 130.08) (Ord. 725, passed - -) Penalty, see § 10.99
130.09 THROWING STONES OR MISSILES PROHIBITED.
It shall be unlawful for any person to throw or cast any stone or missile upon or at any building, tree which is on public property or private property belonging to another, other public or private property, or upon or at any person in the city.
(1994 Code, § 130.09) (Ord. 218, passed - -) Penalty, see § 10.99
130.10 CURFEW VIOLATIONS AND PARENTAL RESPONSIBILITY.
(A) It is a curfew violation for a child 15, 16, or 17 years of age to be in a public place:
(1) Between 12:00 midnight on Friday and 5:00 a.m. on Saturday and 12:00 midnight on Saturday and 5:00 a.m. on Sunday;
(2) After 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday and Thursday; or
(3) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Friday.
(B) It is a curfew violation for a child under 15 years of age to be in a public place after 10:00 p.m. or before 5:00 a.m. on any day of the week.
(C) It is a curfew violation for a child 17 years of age or younger to be in Oakhill Cemetery after the hour of 9:00 p.m. or before 5:00 a.m. on any day of the week.
(D) (1) It is a defense to a violation of the curfew established by this section if the child was emancipated under I.C. 31-37-19-27 or I.C. 31-6-4-15.7 (before its repeal), by virtue of having married, or in accordance with the laws of another state or jurisdiction at the time the child engaged in the prohibited conduct.
(2) It is a defense to a violation of the curfew established by this section if the child engaged in the prohibited conduct while:
(a) Accompanied by the child’s parent, guardian, or custodian;
(b) Accompanied by an adult specified by the child’s parent, guardian, or custodian;
(c) Participating in, going to, or returning from:
1. Lawful employment;
2. A school sanctioned activity;
3. A religious event;
4. An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
5. An activity involving the exercise of the child’s rights protected under the First Amendment to the United States Constitution or Article 1, Section 31 of the Constitution of the State of Indiana, or both, such as freedom of speech and the right of assembly; or
6. An activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of 1 or more adults;
(d) Participating in an activity undertaken at the prior written direction of the child’s parent, guardian, or custodian; or
(e) Engaged in interstate or international travel from a location outside Indiana to another location outside Indiana.
(E) A law enforcement officer may not detain a child or take a child into custody based on a violation of the curfew established by this section unless the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:
(1) The child has violated the curfew; and
(2) There is no legal defense to the violation of the curfew.
(F) The Police Department is charged with the responsibility of enforcing this section. A child found to be in violation of this section shall be issued a citation which shall then be administered by the Ordinance Violation Bureau of the Clerk-Treasurer’s office. In addition, a child found in violation of this section shall immediately be taken into the temporary custody of the Police Department which shall then notify the child’s parent, guardian, or custodian. Temporary custody of the child shall remain with the Police Department until the child is surrendered to the child’s parent, guardian, or custodian or to an adult specified by the child’s parent, guardian, or custodian or until 5:00 a.m., whichever first occurs.
(G) The first time a child is found in violation of this section, the Ordinance Violation Bureau is authorized to assess and collect a $10 fine from the child. The second time a child is found to be in violation of this section, the Ordinance Violation Bureau is authorized to assess and collect a $25 fine from the child. The third time a child is found to be in violation of this section, the Police Department shall issue a citation to 1 of the child’s parents, guardians, or custodians. The Ordinance Violation Bureau is authorized to assess and collect a fine of $50 from the cited parent, guardian or custodian of a child found in violation of this section for the third time. In addition, the Police Department shall refer the child and the case to the appropriate juvenile authorities of Marshall County, Indiana.
(Ord. 2008-1961, passed 6-9-2008)
130.11 TEMPORARY SIGNS IN THE PUBLIC RIGHT-OF-WAY BANNED.
(A) Any sign intended to convey commercial speech and placed in or upon the public right-of-way or upon utility poles located within the public right-of-way is declared a public nuisance and is therefore prohibited.
(B) All city employees, including appointed officials and elected officials, are hereby empowered and authorized to enforce this section by taking the following steps:
(1) The city official or the city employee is authorized to remove and confiscate any sign intended to convey commercial speech from the public right-of-way or from any utility pole located within the public right-of-way, as the case may be;
(2) The city employee or city official shall deliver, within a reasonable amount of time after confiscation, the sign to the Street Department Garage during regular business hours;
(3) Upon delivery to the Street Department Garage, that person shall then notify office personnel located at the Street Department Garage;
(4) The office personnel shall then make a reasonable effort to notify the owner of the confiscated sign by contacting them either through the United States mail, or by telephone if the telephone number is listed on said sign;
(5) The office personnel shall notify the person or company listed on the sign that they have 10 days from the date of the notice to retrieve said sign, or the same shall be appropriately disposed of through recycling or otherwise;
(6) If a person, corporation, or other entity is found to have violated this section on 2 or more occasions, then the matter shall be referred to the office of the City Attorney. The City Attorney shall then seek an agreement with the offender that no more signs will be placed in the public right-of-way by the offender. If no such agreement can be reached, the City Attorney is authorized to seek injunctive relief in the Marshall Superior Court No. 2, and seek to have imposed a fine not to exceed $500 for each sign found and/or placed in the public right-of-way after notification of the violation of this section. In addition, the City Attorney in seeking judicial enforcement of this section, is authorized to seek recovery of reasonable attorney fees in accordance with Indiana law.
(1994 Code, § 130.11) (Ord. 97-1693, passed 5-27-1997)
130.12 PROHIBITION OF ALCOHOLIC BEVERAGES DURING BLUEBERRY FESTIVAL.
(A) It shall be unlawful for any person to possess an alcoholic beverage within the confines of Centennial Park during that portion of the year in which the park is leased to and occupied by the Marshall County Blueberry Festival, Inc., except for within approved beer gardens or other designated areas operated by Marshall County Blueberry Festival, Inc. This time period includes not only the days of the Marshall County Blueberry Festival itself, but also the days leading up to the festival designed for set up and the days immediately after the festival designed for tear down and removal.
(B) Any person observed to have violated this section shall be issued a ticket by an officer of the Plymouth Police Department designating as the offense a violation of this section. The alleged offender shall be notified that he may deny the allegation by making a written denial and submitting it to the Ordinance Violation Bureau located in the office of the Clerk-Treasurer of the city.
(C) The fine for violating this section is hereby established at $25, to be collected by the Ordinance Violation Bureau. Should any party fail to either admit or deny the allegation, or refuse to pay the $25 fine, then the case shall be referred to the office of the City Attorney who shall then prosecute the offending party by filing an appropriate action in the Marshall Superior Court No. 2. If it is necessary for the City Attorney to prosecute such a cause of action, an additional amount is authorized and shall be sought from the offending party, including, but not limited to, court costs and reasonable attorney fees. All monies received in the enforcement of this section shall be deposited in the Park Department Non-Reverting Operating Fund and shall be designated for the funding of programs.
(D) In addition to the fine referred to above, any person found in violation of this section shall have the alcoholic beverages confiscated by the Plymouth Police Department, who shall then promptly destroy the beverages.
(E) Any person found in violation of this section a second time shall be ordered by the Plymouth police officer to immediately leave the park premises and not return. The offending party shall also be given a written notice that they shall not come upon the grounds of Centennial Park during the duration of the Marshall County Blueberry Festival and the time period designated within this section. If such a person shall again be found within the confines of Centennial Park during the time period of the effectiveness of this section, he may be subject to arrest for criminal trespass.
(1994 Code, § 130.12) (Ord. 99-1746, passed 8-2-1999; Am. Ord. 2022-2193, passed 4-11-2022)
130.13 UNNECESSARY NOISE PROHIBITED.
(A) It shall be unlawful for any person to create or assist in creating any unreasonably loud and disturbing noise within the city.
(B) No person or persons owning, employing or having the care, custody or possession of any musical instrument, radio set, television set, phonograph, Victrola or other instrument, machine or device for amplifying, producing or reproducing sound shall operate, use or permit to be operated or used such instrument, machine or device in such a manner as to disturb the peace and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing of the persons who are in the room or chamber in which or who are on the premises from which such instrument, machine or device is operated and who are voluntary listeners thereto.
(C) No person shall operate power equipment, including but not limited to power lawn mowers and other power yard or garden tools or machinery, in a manner that creates or causes a noise disturbing to the peace and comfort of the neighboring inhabitants between 11:00 p.m. and 5:00 a.m.
(D) The operation of any such instrument, machine or device as described in subsection (B) of this section, or of any power equipment as described in subsection (C) of this section in such a manner as to be plainly audible on any adjacent or adjoining property, shall be prima facie evidence of a violation of that subsection unless specifically permitted by ordinance or by state or federal law. For purposes of subsections (A) and (B) of this section, PLAINLY AUDIBLE means any sound which can be heard by unimpaired auditory senses; however, words or phrases need not be discernible and said sound shall include bass reverberation.
(E) No person operating or occupying a motor vehicle on any street, highway, alley, parking lot, or driveway, whether public or private property, shall operate or permit the operation of any sound amplification system, including but not limited to any radio, tape player, compact disc player, loudspeaker, or any other electrical device used for the amplification of sound from within the motor vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle or, in the case of a motor vehicle on private property, beyond the property line. For purposes of this subsection, PLAINLY AUDIBLE means any sound which can be clearly heard by unimpaired auditory senses based on direct line of sight of 50 or more feet; however, words or phrases need not be discernible and said sound includes bass reverberation. Prohibitions contained in this section shall not be applicable to any emergency or public safety vehicles, vehicles owned and operated by the city or any utility company for sound emitted unavoidably during job-related operation.
(F) Nothing hereinabove shall be taken to prohibit the playing and/or amplification of music or operation of machinery or equipment as a part of a festival, parade or other public event sanctioned by the city or relating to a program of the public or parochial schools of the city. Hosts of other public events, not sanctioned by the city or relating to a program of the public or parochial schools of the city, may apply at the City Office for a request for exemption from any of the prohibitions of this section, which shall be heard by the Common Council at its next regularly scheduled meeting. Further, nothing hereinabove shall be taken to prohibit the operation of machinery or equipment as necessary in an emergency situation.
(Ord. 2013-2060, passed 7-22-2013) Penalty, see § 130.99
130.99 PENALTY.
Any violation of § 130.13 shall be punished by a fine of $25 for the first offense, which fine may be deposited at the City Clerk-Treasurer’s office, including the night depository, within 7 days of the receipt of a citation for such violation. After the passage of 7 days from the issuance of the citation, the fine shall automatically increase to $35. For a second offense within 90 days of the first offense, the fine shall be $50. For a third or subsequent offense within 180 days of the first offense, the fine shall be $100 (each offense). If a fine imposed under this section has not been paid within 30 days of the issuance of the relevant citation, the city may seek to enforce the citation in any court of competent jurisdiction and, if the defendant in such action is found to be in violation hereof, shall be entitled to recover its cost of prosecution, including reasonable attorney fees.
(1994 Code, § 130.13) (Ord. 2000-1775, passed 8-14-2000)