[HISTORY: Adopted by the Town of Wells 3-11-1989. Amendments noted
where applicable.]
GENERAL REFERENCES
Obscenity — See Ch. 165.
As used in this chapter, the following terms shall have the meanings
indicated:
Remaining in essentially one location either alone or in concert
with others.
Any place to which the general public has access and the right to
enter in or upon for business, entertainment or other lawful purposes, and
shall include the front or immediate area around any store, shop, restaurant,
tavern or other place of business and also all public grounds, areas, beaches
or parks.
A.
It shall be unlawful for any person to loiter in any
public place, or in or about any building or dwelling or adjacent thereto,
in such a manner so as to:
(1)
Obstruct any public street or public place by hindering
or impeding or tending to hinder or impede an uninterrupted passage of pedestrians
or vehicles.
(2)
Commit in or upon any public street or public place any
act which is an obstruction or interference to the free and uninterrupted
use of any property or with any business being lawfully conducted by anyone
in any public place or which prevents the free and uninterrupted ingress and
egress therein, thereon and thereto.
(3)
Create or cause to be created any disturbance or annoyance
to the discomfort or alarm of any person lawfully going in or going to or
from any building, dwelling or public place.
B.
When any person or persons cause or commit any of the conditions enumerated in Subsection A herein a police officer, or any law enforcement officer, shall order the person or persons to stop causing or committing such conditions and may, if he deems necessary for the preservation of public peace and safety, order that person or persons to move on and disperse. Any person who fails or refuses to obey any such order shall be guilty of a violation of this section.
C.
This section shall not apply to peaceful picketing, public
speaking or other lawful expressions of opinion not in contravention of other
Town ordinances or state and federal laws.
Two or more persons shall not stand together, or near each other, in
any street or on any sidewalk in such a manner as to obstruct the free passage
thereon or thereover. It shall be the duty of any police officer, constable
or other authorized agent of the Town to order any person violating the foregoing
provision of this section to move on and, if the person does not obey, to
arrest and by lawful process cause him to be brought before the District Court.
No person shall, in any street or public place, make any loud or unusual
noise, either by voice or otherwise, or sing improper or boisterous songs
or utter obscene and indecent and profane songs or words or in any unruly
or boisterous manner disturb the quiet and good order of the Town.
[Amended 11-7-2000]
Any person or party who violates any of the provisions of this chapter
shall be subject to a civil penalty in the amount of $100 plus costs recoverable
for the use and benefit of the Town of Wells.
