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Chapter 26-Misdemeanors Offenses AgainstPublic Peace

 

TITLE III   COMMUNITY PROTECTION

CHAPTER 26

MISDEMEANORS – OFFENSES AGAINST PUBLIC PEACE

 

3-26-1              Violations of Ordinance
3-26-2              Assault Battery
3-26-3              Fighting
3-26-4              Disturbing the Peace
3-26-5              Disturbing the Peace by Noise
3-26-6              Disturbing Congregation or Assemblies
3-26-7              Disturbing the Peace by Permitting Offensive Conduct
3-26-8              Profanity, Obscene and Offensive Language
3-26-9              Disorderly Conduct
3-26-10            Unlawful Assembly and Riot
3-26-11            False Report of Fire
3-26-12            False Report to Police
3-26-13            Wrongful Conduct While on Premises of Another
3-26-14            Regulating and Prohibiting Outdoor Burning
3-26-15            Outdoor Burning

 

 SECTION 3-26-1                  VIOLATIONS OF ORDINANCE.  Commission of any act named or defined in this Chapter by any person shall be a misdemeanor, punishable by a minimum fine of $200.00

 SECTION 3-26-2                  ASSAULT AND BATTERY.  To apply, or to threaten or attempt to apply, an unlawful and unpermitted physical force to the person of another, in a rude and insolent manner, or with the intent to do physical harm, with the apparent ability to execute any attempt to threat.

 SECTION 3-26-3                  FIGHTING.  For any person or persons to fight, or offer to fight, quarrel or offer to quarrel, strike, beat, or offer to strike or beat, assault or offer to assault any person within the limits of said City.

 SECTION 3-26-4                  DISTURBING THE PEACE..  To make or excite any disturbance in a tavern, store or grocery, or at any election or public meeting, or other place where citizens are peaceably and lawfully assembled.

 SECTION 3-26-5                  DISTURBING THE PEACE BY NOISE..  To disturb the peace by excessive, loud or unusual noise, by blowing horns or ringing bells, or by the use of sirens, radios or any type of speaking devices or noise makers. No person shall operate a motor vehicle upon a street or alley so as to disturb the peace and quiet of the residents of the City by squealing tires, roaring of motor or causing loud and excessive noises in the operation of the motor vehicle. In regards to loud or offensive noises, if the sound can be heard by an officer at a distance of not less than two (2) standard city blocks, it shall be deemed excessive noise.

 SECTION 3-26-6                  DISTURBING CONGREGATION OR ASSEMBLIES.  Willfully to disturb an assembly of persons met for religious worship by profane discourse or rude and indecent or disruptive behavior, or by making a noise, either within the place of worship or so near as to disturb the order and solemnity of the assembly, or willfully to disturb or interrupt any school, school meeting or other lawful assembly of persons.

 SECTION 3-26-7                  DISTURBING THE PEACE BY PERMITTING OFFENSIVE CONDUCT. For any person to knowingly allow or permit any howling, screaming, or any profane, obscene or abusive conduct or language, or any fighting, or quarreling, or any unusual noise, in any building or house, or upon any premises owned, occupied, or possessed by him, or over which he has control as owner, agent, or otherwise, which disturbs the neighborhood or disturbs any person upon the street, or which disturbs the order and quiet of the city.

 SECTION 3-26-8                  PROFANITY, OBSCENE AND OFFENSIVE LANGUAGE.  For any person, within the limits of said city, to publicly swear, curse, or publicly use profane, blasphemous, obscene, abusive, or offensive language; or to disturb the peace of others, or the peace and good order of the city, by violent, tumultuous, offensive or disorderly conduct or behavior.

 SECTION 3-26-9                  DISORDERLY CONDUCT.  For any person to throw any stick, stone, glass, can or other substance or item along or across any street, alley or public ground, or at any individual, or group of individuals, animal, vehicle, fence, house or other building, or any sign, post or any other object or to throw such substance or item onto the property of another.

 SECTION 3-26-10                UNLAWFUL ASSEMBLY AND RIOT.  For three (3) or more persons in a violent or tumultuous manner to assemble together to do or attempt to do an unlawful act, or when together, to commit or attempt to commit an act, whether lawful or unlawful, in an unlawful, violent or tumultuous manner to the disturbance of others.

 SECTION 3-26-11                FALSE REPORT OF FIRE. For any person to disturb the order and quiet of the city by knowingly giving a false alarm of fire.

 SECTION 3-26-12                FALSE REPORT TO POLICE.  For any person to disturb the order and quiet of the city by knowingly giving a false report of the commission of a public offense to the Police Department or Mayor.

 SECTION 3-26-13                WRONGFUL CONDUCT WHILE ON PREMISES OF ANOTHER.  For any person to remain in the office, store, private house, or other similar establishment of another after having been requested or ordered to leave by the owner or other person in rightful possession thereof. And further, it shall be unlawful for any person to swear, curse, or use threatening or abusive language to any kind while within the enclosure or upon the premises of another. 

 SECTION 3-26-14                REGULATING AND PROHIBITING OUTDOOR BURNING.  No garbage, wool, rubber, leather, plastic or refuse shall be burned outdoors at any time within the limits of this city.

 (1)   Definitions. For use within this ordinance the following terms are defined:

         a.)  Garbage. As used in this ordinance, the definition for “garbage” shall be the same as that established by Chapter 57 of this Code.

          b.)   Refuse. Refuse shall be defined as set out by Chapter 57 of this Code but shall exclude wood and lumber scraps and shall include all tar papers, non-wood shingles, and materials treated with creosote and other petroleum by-products.

 Section 3-26-15          Outdoor Burning Regulations.   No person shall allow, cause, or permit burning of combustible materials where the products of combustion are emitted into the open air without passage through a chimney or stack, except that open burning is allowed under the following circumstances.

 (1.)   On Saturdays during the months of June, July and August from noon to 4:00 p.m.

 (2.)   Seven days a week during all other months from 4:00 p.m. to 9:00 p.m.

 (3.)   A special outdoor burning permit that is signed by the City Administrator and/or Fire Chief for the burning of materials, other than household or business refuse or waste. These outdoor fires shall be extinguished by 4:00 p.m. The application must be submitted setting forth the special circumstances, which create a hardship by not allowing open burning. If said application is denied, an appeal can be filed in writing within five (5) days to the City Council. Action by the Council shall be considered final.

 (4.)   Recreational fires including open fires for cooking, heating, social gatherings and ceremonies. Such fires must not be used for refuse or waste disposal and must be diligently attended.

 (5.)   Training fires as may be conducted by volunteer fire departments in the course of training members in fire fighting techniques.

 (6.)   Open burning authorized for the duration of an officially declared community disaster period.

 (7.)   Trees, tree trimmings and yard waste that is burned at the City-operated yard waste site. In all cases the City is exempt from the provisions of this section.

 (8.)   A responsible adult shall be in immediate attendance of any outdoor fire at all times except where such attendance is excused in a permit issued in Subsection 3.

 (9.)   The person in attendance shall extinguish the fire at the prescribed times in such a manner that it will not continue to smolder or emit smoke

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