CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\ARTICLE 2. LOCAL PROVISIONS

(a)   It shall be unlawful for any person under the age of 18 years (juvenile) to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, or public buildings, places of amusement or entertainment, eating places, vacant lot or any other place normally accessible to the general public for public use, whether on foot or in a motor vehicle or by any other means, during the following periods of time:

(1)   For juveniles under the age of 16, between the hours of 10:30 p.m. on any day and 6:00 a.m. of the following day;

(2)   For juveniles from the age of 16 and under the age of 18, between the hours of 12:00 midnight on any day and 6:00 a.m. of the following day.

(b)   The provisions of subsection (a) of this section shall not apply in the following instances:

(1)   When a juvenile is accompanied by his or her parent, guardian, or other adult person having the lawful care and custody of the juvenile;

(2)   When a juvenile is upon an emergency errand directed by his or her parent or guardian or other adult person having the lawful care and custody of a juvenile;

(3)   When a juvenile is returning directly home by the most direct and efficient route, from a school activity, entertainment, recreational activity or dance;

(4)   When a juvenile is returning directly home, by the most direct and efficient route, from lawful employment that makes it necessary to be in the above-referenced places during the prescribed period of time;

(5)   When a juvenile is on the sidewalk abutting a juvenile’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police officer about a juvenile’s presence;

(6)   When a juvenile is attending or traveling directly to or from an activity involving the exercise of first amendment rights of free speech, freedom of assembly or free exercise of religion; and

(7)   When a juvenile is in interstate travel through the city.

(c)   Except in circumstances set out in subsection (b) of this section, it shall be unlawful for the parent, guardian, or other adult person having the care and custody of a juvenile under the age of 18 years to permit the juvenile, whether knowingly or through ineffective control or supervision, to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places or public buildings, places of amusement or entertainment, eating places, vacant lots or any other place normally accessible to the general public for public use, whether on foot or in a motor vehicle or by any other means, during the following periods of time:

(1)   For juveniles under the age of 16, between the hours of 10:30 p.m. on any day and 6:00 a.m. of the following day;

(2)   For juveniles from the age of 16 and under the age of 18, between the hours of twelve 12:00 midnight on any day and 6:00 a.m. of the following day.

(d)   The governing body of the city, on specific occasions and in response to written request submitted not less than seven days by the calendar prior to the occasion, shall have the authority to suspend by official city proclamation published in the official city newspaper, the hour of curfew as stated herein; provided, however, that no such suspension of curfew shall extend past the hour of 12 midnight.

 (e) Any person violating any of the provisions set out above in this section, upon conviction thereof, may be punished by a fine of not less than $25 nor more than $500. Further, any person violating any of the provisions set out in this section, in addition to any fines imposed, may be required to perform up to 20 hours of community service, as directed by the municipal court judge, for each and every violation. Any police officer finding a juvenile violating the provisions of this section shall cause a written notice to be served upon the parent, guardian, or person in charge of a juvenile, setting forth the manner in which the provisions of this section have been violated. For the purposes of this section, notice shall be deemed properly served upon the parent, guardian or person in charge of a juvenile if a copy thereof is served upon him or her personally or if a copy thereof is sent by certified mail, return receipt requested, to his or her last known address.

(f)   Any parent, guardian, or person having the care and custody of a juvenile who shall permit the juvenile, whether knowingly or through ineffective control or supervision, to violate the provisions of this section after receiving written notice that such juvenile has previously violated this section, may be punished by a fine of not less than $25 nor more than $500.

(Code 2008)

(a)   It shall be unlawful for any person to play, use, operate or permit to be played, used, or operated any radio receiving set, musical instrument, or any machine, equipment, or device used for the production, reproduction or creation of sound at a louder volume than is necessary for the reasonable hearing of the person so playing, using or operating such instrument, equipment, machine, or device, and the reasonable hearing of other persons who are voluntary listeners thereto, or in such a manner so to disturb the peace, quiet, and comfort of neighboring inhabitants or other residents of the city.

(b)   This prohibition shall include sound, music, or noise created by automobile radios, musical bands, groups or orchestras in public or private buildings. It shall be prima facie evidence of a violation of this section if the sound, music, or noise is plainly audible at the real property line on the real property from which the sound, music, or noise is emanating; provided, however, that nothing in this section shall be construed to prohibit the playing of church chimes or the ringing of church bells, the testing or use of the civil defense warning system, the authorized use of public safety vehicle sirens, or the use of lawn and garden equipment, chain saws and tree trimming equipment, construction and demolition equipment, or any other equipment that is being used to perform lawful and necessary work during reasonable daylight hours.

(c)   It shall be unlawful for any person to sound any horn, bell or other warning device on any automobile or other vehicle, except when required by law or when necessary to give warning.

(Code 2008)

(a)   Any person who has been properly served with a summons into the municipal court of the city to answer a complaint filed therein, and the person neglects, fails or refuses to appear as ordered, may be arrested and detained by an officer of the court if such arrest or order of detention is commanded by the municipal judge of the municipal court of the city.

(b)   Any person arrested or detained hereunder shall be brought without delay before the municipal judge on or before the next regular business day of the court.

(c)   The municipal judge may set and/or require the posting of a cash bond by any person arrested or detained hereunder, and, upon the posting of the cash bond, the person shall be released from custody upon his or her written promise to appear at a date and time certain before the municipal judge of the municipal court.

(d)   Any person who has been properly served with a summons into the municipal court of the city to answer a complaint filed therein, and the person neglects, fails or refuses to appear as ordered shall be found to be guilty of the offense of failure to appear.

(e)   Any person who is found to be guilty of the offense of failure to appear shall be assessed a fine by the municipal court of the city in an amount not less than $100 and not more than $500.

(f)   A copy of Ordinance No. 96-50 shall be provided, following its adoption and publication, to the municipal judge; chief of police; city attorney and city clerk, all duly constituted officers of the city. The city clerk shall keep a copy of Ordinance No. 96-50 on file and open to inspection and review by the public during all regular business hours of the city hall.

(Ord. 96-50, Sec. 2; Code 2008)

It shall be unlawful for any person to throw, deposit, discharge, excrete, or leave human or animal waste on any public or private property, unless the disposal of the waste is done in a restroom facility recognized as a sanitary means of disposing of human or animal waste. The prohibition in this section includes public urination or defecation by a person.

(Code 2008)

It shall be unlawful to park on the streets or alleys of the city, any vehicle, trailer, or other container transporting, carrying, or hauling any livestock or any other vehicle, trailer, or container having been used for such purpose, if the vehicle, trailer, or container contains any animal filth or waste, manure, or decaying animal or vegetable matter offensive to another individual so as to be a public nuisance. It shall further be unlawful to park or leave standing any such vehicle, trailer, or container on any private premises.

(Code 2008)

Littering is intentionally or recklessly depositing or causing to be deposited any object or substance into, upon, or about:

(a)   Any public street, highway, alley, road, right-of-way, park, or other public place, or any lake, stream, water course, or other body of water except by direction of some public officer or employee authorized by law to direct or permits such acts; or

(b)   Any private property without the consent of the owner or occupant of such property.

Littering is a class C violation.

(Code 2008)