[Adopted as Ch. 664 of the 1989 Codified
Ordinances]
[Amended 6-7-1995 by Ord. No. 338]
A.
Purpose. The purpose of this section is to prohibit
minors under 17 years of age from being in the public streets and
other public places of the City between certain hours, except as otherwise
provided in this section.
B.
PUBLIC PLACE
PUBLIC STREET
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any park, playground or commercial establishment open to
the general public.
Any street, highway, alley, sidewalk or adjacent property
open to the public.
C.
Minors under 12 years of age; minors aged 12 through
16.
(1)
Minors under 12. No minor under 12 years of age shall
loiter, idle or congregate in or on any public street or public place
between the hours of 9:00 p.m. and 6:00 a.m. of the following morning,
except as otherwise provided in this section.
(2)
Minors aged 12 through 16. No minor aged 12 through
16 shall loiter, idle or congregate in or on any public street or
public place between the hours of 11:00 p.m. and 6:00 a.m. of the
following morning, except as otherwise provided in this section.
D.
Exceptions. If a minor is accompanied by a parent,
guardian or some adult over 21 years of age delegated by the parent
or guardian to accompany such child, or where the presence of such
minor in any public place or on any public street is connected with
and required by some legitimate work, trade, profession or occupation
in which such minor is engaged, or where such minor is upon an emergency
errand or other legitimate business directed by his or her parent
or guardian, or is going to or coming from a church, municipal or
school function, or returning from the theater with the permission
of the parent, guardian or other adult person 21 years of age or older
having the care and custody of the minor, then this section shall
not apply.
E.
Parental responsibility. No person shall assist, aid,
abet or encourage any minor under 17 years of age to violate this
section. When any minor is found violating this section, a presumption
shall arise that the parent or legal guardian having the care and
custody of the minor assisted, aided, abetted and encouraged such
minor in violating this section.
No person within the City shall attempt or offer,
with force and violence, to do a corporal hurt to another, or assault
and/or batter any other person.
A.
No person shall telephone any other person repeatedly
or cause any person to be telephoned repeatedly for the sole purpose
of harassing or molesting such other person or his or her family,
whether or not conversation ensues, except for telephone calls made
for legitimate business purposes.
B.
No person shall use any vulgar, indecent, obscene,
threatening or offensive language or suggest any lewd or lascivious
act over any telephone.
A.
No person, being the parent, guardian, custodian,
person having custody or control of, or person in loco parentis to,
a child under 18 years of age or a mentally or physically handicapped
child under 21 years of age, shall create a substantial risk to the
health or safety of such child by violating a duty of care, protection
or support. It is not a violation of a duty of care, protection or
support under this subsection when the parent, guardian, custodian
or person having custody or control of a child treats the physical
or mental illness or defect of such child by spiritual means through
prayer alone, in accordance with the tenets of a recognized religious
body.
B.
No person shall do any of the following to a child
under 18 years of age or a mentally or physically handicapped child
under 21 years of age:
(1)
Torture or cruelly abuse the child;
(2)
Administer corporal punishment or other physical disciplinary
measures, or physically restrain the child in a cruel manner or for
a prolonged period, which punishment, discipline or restraint is excessive
under the circumstances and creates a substantial risk of serious
physical harm to the child; or
(3)
Repeatedly administer unwarranted disciplinary measures
to the child when there is a substantial risk that such conduct, if
continued, will severely impair or retard the child's mental health
or development.
[Amended 5-1-2002 by Ord. No. 407]
A.
No person, knowing that he or she is without privilege
to do so or being reckless in that regard, shall entice, take, keep
or harbor any of the following persons from his or her parent, guardian
or custodian:
B.
It is an affirmative defense to a charge of enticing
or taking under Subsection A(1) hereof that the actor reasonably believed
that his or her conduct was necessary to preserve the child's health
or safety. It is an affirmative defense to a charge of keeping or
harboring under Subsection A hereof that the actor, in good faith,
gave notice to law enforcement or judicial authorities within a reasonable
time after the child or committed person came under his or her shelter,
protection or influence.
No person within the City who has arrived at
the age of discretion shall willfully blaspheme the Holy Name of God
by cursing or contumeliously reproaching God, or use any indecent,
immoral, obscene, vulgar or insulting language on any public street
or other public place or in any place of business open to public patronage.
[Amended 11-9-1992 by Ord. No. 310]
A.
Spray paint defined. For purposes of this section,
"spray paint" means any adherent, pigmented substance dispersed in
particles by means of an atomizer or other simple mechanical instrument
or applicator.
B.
Possession by minors prohibited. No person under 18
years of age shall possess, buy or transfer possession of, or receive
possession of, spray paint unless accompanied by an adult.
C.
Aiding and abetting violations. It shall be unlawful
for any person to assist, aid, abet, or encourage any person under
18 years of age to violate this section, or to sell spray paint to
any person under 18 years of age.