A.
Discharge of firearms regulated. No person, except a police officer
or other law enforcement officer in the performance of an official
duty, shall fire or discharge any firearm, rifle, spring gun, air
gun or pneumatic pellet gun of any description in his possession or
under his control within the City of Marion, provided that this subsection
shall not prevent the firing or discharging of BB guns upon private
premises by persons over 16 or under the direct personal supervision
of a parent or guardian.[1]
B.
Hunting prohibited. Hunting within the City is prohibited, except
that the Council may authorize the Chief of Police to issue written
permits to individuals to hunt or shoot on private or public premises
if the Council determines such privileges to be necessary for the
protection of life or property, and subject to such safeguards as
may be imposed for the safety of the lives, health, and property of
other persons within the City of Marion.
[Amended 8-30-2010 by Ord. No. 2010-005]
C.
Shooting into City limits. No person shall, in the territory adjacent
to the City, discharge any firearm in such manner that the discharge
shall enter or fall within the City.
D.
Shooting ranges. This section shall not prevent the maintenance and
use of duly supervised rifle or pistol ranges or shooting galleries
approved by the Common Council, upon the recommendation of the Chief
of Police, where proper safety precautions are taken.
E.
Explosive devices. No person shall discharge or detonate any dynamite,
nitroglycerin or other explosive within the City without first obtaining
a permit to do so from the Common Council.
F.
Throwing or shooting of arrows, stones, or other missiles prohibited.
(1)
It shall be unlawful for any person to discharge or cause the discharge
of any dangerous missile from any slingshot, bow and arrow or other
means within 300 feet of any inhabited dwelling or building or any
public park, square or enclosure.
(2)
This subsection shall not apply:
(a)
To the shooting or discharging of toy arrows or arrows which
have a tip made of rubber or similar material.
(b)
To a supervised archery range approved by the Common Council.
(c)
Within the interior of a single-family dwelling.
(d)
To shooting practice arrows at properly constructed backstops,
directed away from structures on adjacent properties.
G.
Definition. For purposes of this section, "firearm" is defined as
any instrumentality from or with which a shot, bullet or pellet may
be discharged or expelled, regardless of whether the propelling force
is provided by air, spring or other similar mechanical device, or
gunpowder.
A.
Concealed weapons prohibited.
(1)
Prohibition. No person shall, within the City, wear or in any manner
carry under his clothes or conceal upon or about his person any deadly
or dangerous weapon, provided that this subsection shall not apply
to a peace officer or such persons as may be authorized to carry such
weapons.
(2)
Definition. "Dangerous weapon" means any firearm, whether loaded
or unloaded, or any device designed as a weapon and capable of producing
death or great bodily harm or any other device or instrumentality
which, in the manner it is used or intended to be used, is calculated
or likely to produce death or great bodily harm.
B.
Concealed weapons in public establishments. No person shall carry
or be possessed of a dangerous weapon in any public building or business
establishment open to the public, except a bona fide weapons repair,
display, or sales establishment, unless such dangerous weapon is so
stored and concealed (other than on the person) so as not to be readily
accessible to any person or patron. This subsection shall not be construed
to prohibit the sale, purchase, repair or trade of firearms by a retail
business establishment doing so in the course of its regular business
in accord with state and federal law, nor to hinder a prospective
customer from attempting to buy, sell, or trade firearms to or from
a retailer.
C.
Specific concealed weapons prohibited. No person, except a sheriff,
constable, police officer or other law enforcement officer acting
within the scope of his duties, shall carry or wear concealed about
his person any pistol, revolver, firearm, slingshot, crossknuckle
of lead, brass or other materials, bowie knife, switchblade, dirk
or dagger or any other dangerous or deadly weapon within the City.
D.
Possession, sale and manufacture of certain weapons prohibited.
(1)
No person shall sell, manufacture, purchase, possess or carry metallic
knuckles or knuckles of any substance which could be put to the same
use with the same or similar effect as metallic knuckles, a numchuk
(also called a "nunchaku") or any similar weapon, a cestus or similar
material weighted with metal or other substance and worn on the hand,
a churkin (also called a "suriken") or any similar object intended
to injure a person when thrown, a sucbai or similar weapon, a manrikigusari
or a similar length of chain having weighted ends, or any other martial
arts device or instrumentality which, in the manner it is used or
intended to be used, is calculated or likely to produce injury or
death to another person within the City of Marion.
(2)
CHURKIN
NUMCHUK or NUNCHAKU
SUCBAI
For the purpose of this subsection, the following definitions shall
apply:
A round throwing knife consisting of several sharp points
protruding from a rounded disc.
An instrument consisting of two or more sticks, clubs, or
rods connected by a rope, cord, wire, or chain.
A short length of wood or metal or similar material which,
when gripped in the hand, protrudes on either side of the fist. Such
prohibited instrument may or may not have spikes or short, pointed
protrusions from either end.
(3)
Any such device shall be seized by a law enforcement officer and
destroyed or turned over to the State of Wisconsin Crime Laboratory
for destruction.
E.
Reckless use of weapons.
(1)
Acts prohibited. No person shall:
(a)
Endanger another's safety by reckless conduct in the operation
or handling of a firearm, air gun, knife, or bow and arrow.
(b)
Operate or go armed with a firearm, air gun, knife or bow and
arrow while he is under the influence of an intoxicant.
(c)
Intentionally point a firearm, air gun, knife or bow and arrow
at or toward another person.
No person shall sell, expose or offer for sale, use, keep, possess, discharge or explode any fireworks, except toy pistol paper caps, sparklers and toy snakes, within the limits of the City unless he shall be authorized by a fireworks permit as provided in Chapter 349, Fireworks, of this Code. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all fireworks, rockets or similar missiles containing explosive fuel.
A.
Obstructing streets. No person shall obstruct, loiter, cause a nuisance
or engage in any sport or exercise on any public street, sidewalk,
bridge or public ground within the City of Marion in such a manner
as to:
(1)
Prevent or obstruct the free passage of pedestrian or vehicular traffic
thereon;
(2)
Prevent or hinder free ingress or egress to or from any place of
business or amusement, church, public hall or meeting place; or
(3)
Cause a nuisance by congregating and hindering the free passage of
pedestrian or vehicular traffic.
B.
Obstructing sidewalk prohibited. No person shall block any sidewalk
or bridge by obstructing the same so that it is impossible for a pedestrian
to travel along the sidewalk without leaving the sidewalk and walking
on adjacent property or on the street.
C.
LOITER
NUISANCE
OBSTRUCT
SIDEWALK
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended:
To sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate,
threaten or otherwise disturb another in or about any public street,
sidewalk, bridge or public ground which is offensive to the public
morals or decency of the citizens of the City of Marion.
To interfere with unobstructed travel by any means, including
but not limited to standing on the part of the walk that is fit for
travel or placing any object or vehicle whatsoever on such sidewalk.
Any sidewalk owned or maintained by the City. The term shall
not include sidewalks or walkways on private property in shopping
centers, apartment complexes, office building sites or any other private
property.
D.
Free speech. This section shall not be interpreted a prohibiting
any person from stopping on any sidewalk to talk or to make a speech,
provided that such person shall not stand in such a location that
it is impossible for any pedestrian to travel along the sidewalk without
leaving the sidewalk and walking on the adjacent property or on the
street. If two or more persons are engaged in talking while stopped
on a sidewalk, they shall not stand in such locations as to completely
prevent any pedestrian from passing them on the sidewalk.
A.
Public property loitering prohibited.
(1)
No person shall loiter in or about any public street, public sidewalk,
street crossing, alley, bridge, public parking lot or other place
of assembly or public use after being requested to move by any police
officer.
(2)
Upon being requested to move, a person shall immediately comply with
such request by leaving the premises or area thereof at the time of
the request.
(3)
No person shall loiter in or about any toilet open to the public
for the purpose of engaging in or soliciting any lewd or lascivious
conduct or any unlawful act.
(4)
No person shall loiter in or about any school or public place at
or near which children or students attend or normally congregate.
As used in this subsection, "loiter" means to delay, to linger or
to idle in or about any said school or public place without a lawful
purpose for being present.
B.
Private property loitering prohibited.
(1)
No person shall loiter in or about any private premises or adjacent
doorways or entrances or upon private property held out for public
use, including but not limited to business or industry parking lots
or shopping malls, without invitation from the owner or occupant or
by any person in authority at such places. No person shall loiter
in or about the doorway, stairway, steps or entrance of any business
place or private residence without the expressed consent of the owner
thereof or at any time other than usual business hours. Under this
subsection, "business place" shall include a public building at such
times that the same shall be closed for the usual and normal business
conducted thereat.
(2)
Upon being requested to move by any such person in authority or by
any police officer, a person shall immediately comply with such request
by leaving the premises or area thereof at the time of the request.
(3)
No person shall sit, lie, or otherwise recline upon or against any
parked motor vehicle without the expressed consent of the owner thereof,
whether such is parked upon a public street, alley, parking lot, driveway
or private premises.
(4)
No person shall stand or loiter on any roadway other than in a safety
zone if such act interferes with the lawful movement of traffic.
C.
Loitering or prowling prohibited. No person shall loiter or prowl
in a place, at a time or in a manner not usual for law abiding individuals
under circumstances that warrant alarm for the safety of persons or
property in the vicinity. Among the circumstances which may be considered
in determining whether such alarm is warranted is the fact that the
person takes flight upon appearance of a police or peace officer,
refuses to identify himself or manifestly endeavors to conceal himself
or any object. Unless flight by the person or other circumstances
make it impracticable, a police or peace officer shall, prior to any
arrest for an offense under this section, afford the person an opportunity
to dispel any alarm which would otherwise be warranted by requesting
him to identify himself and explain his presence and conduct. No person
shall be convicted of an offense under this subsection if the police
officer did not comply with the preceding sentence or if it appears
at trial that the explanation given by the person was true and, if
believed by the police or peace officer at the time, would have dispelled
the alarm.[1]
[1]
Editor's Note: Original Sec. 11-2-6(d), Loitering by underage persons where alcohol beverage is dispensed, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 125.07, Wis. Stats., adopted by reference in § 468-1 of this chapter.
E.
Soliciting.
(1)
No
person shall loiter in or near any thoroughfare or place open to the
public in a manner and under circumstances manifesting the purpose
of inducing, enticing, soliciting or procuring another to commit an
act of prostitution. Among the circumstances which may be considered
in determining whether such purpose is manifested are that such person
is a known prostitute or panderer, that such person repeatedly beckons
to stop or attempts to stop or engages male or female passersby in
conversation or repeatedly stops or attempts to stop motor vehicle
operators by hailing, waving of arms or any other bodily gesture.
The violator's conduct must be such as to demonstrate a specific
intent to induce, entice, solicit or procure another to commit an
act of prostitution. No arrest shall be made for a violation of this
subsection unless the sworn police officer first affords such person
an opportunity to explain such conduct, and no one shall be convicted
of violating this subsection if it appears at trial that the explanation
given was true and disclosed a lawful purpose.
(2)
KNOWN PROSTITUTE OR PANDERER
PUBLIC PLACE
As
used in this subsection, the following terms shall have the meanings
indicated:
A person who, within five years previous to the date of arrest
for violation of this subsection, had within the knowledge of the
sworn police officer been convicted in any municipal court or circuit
court in the State of Wisconsin of an offense involving prostitution.
An area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
automobiles, whether moving or not, and buildings open to the general
public, including those which serve food or drink or provide entertainment,
and the doorway and entrance to buildings or dwellings and the grounds
enclosing them.
A.
Loud and unnecessary noise prohibited. It shall be unlawful for any
person to make, continue or cause to be made or continued any loud
and unnecessary noise. It shall be unlawful for any person knowingly
or wantonly to use or operate or cause to be used or operated any
mechanical device, machine, apparatus or instrument for intensification
or amplification of the human voice or any sound or noise in any public
or private place in such manner that the peace and good order of the
neighborhood are disturbed or that persons owning, using or occupying
property in the neighborhood are disturbed or annoyed.
B.
Types of loud and unnecessary noises. The following acts are declared
to be loud, disturbing and unnecessary noises in violation of this
section, but this enumeration shall not be deemed to be exclusive:
(1)
Horns and signaling devices. The sounding of any horn or signaling
device on any automobile, motorcycle or other vehicle on any street
or public place in the City for longer than three seconds in any period
of one minute or less, except as a danger warning; the creation of
any unreasonably loud or harsh sound by means of any signaling device
and the sounding of any plainly audible device for an unnecessary
and unreasonable period of time; the use of any signaling device except
one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust; and the use of any signaling
device when traffic is for any reason held up.
(2)
Radios, phonographs and similar devices. The using, operating or
permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph or other machine or device for the
producing or reproducing of sound in a loud and unnecessary manner.
The operation of any set, instrument, phonograph, machine or device
between the hours of 10:00 p.m. and 7:00 a.m. in a manner as to be
plainly audible at the properly line of the building, structure or
vehicle in which it is located shall be prima facie evidence of a
violation of this section.
(3)
Loudspeakers and amplifiers for advertising. The using, operating
or permitting to be played, used or operated of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier
or other machine or device for the producing or reproducing of sound
which is cast upon the public streets for the purpose of commercial
advertising or attracting the attention of the public to any building
or structure. Announcements over loudspeakers can only be made by
the announcer in person and without the aid of any mechanical device.
(4)
Animals and birds. The keeping of any animal or bird which causes
frequent or long-continued unnecessary noise.
(5)
Steam whistles. The blowing of any steam whistle attached to any
stationary boiler except to give notice of the time to begin or stop
work or as a warning of fire or danger or upon request of proper City
authorities.
(6)
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine or motorboat except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
(7)
Construction or repair of buildings. The erection (including excavation),
demolition, alteration or repair of any building, as well as operation
of any pile driver, steam shovel, pneumatic hammer, derrick, steam
or electric hoist, or any other similar equipment attended by loud
or unusual noise; provided, however, that the Chief of Police shall
have the authority, upon determining that the loss or inconvenience
which would result to any party in interest would be extraordinary
and of such nature as to warrant special consideration, to grant a
permit for a period necessary within which time such work and operation
may take place within the hours of 10:00 p.m. to 7:00 a.m.
(8)
Schools, courts, churches and hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court while in use, or adjacent to any hospital, which unreasonably
interferes with the normal operation of that institution, or which
disturbs or unduly annoys patients in the hospital, provided that
conspicuous signs are displayed in those streets indicating a school,
hospital or court street. No person, while on public or private grounds
adjacent to any building, or while within any building in which a
school or any class thereof is in session, shall willfully make or
assist in the making of any noise or diversion which disturbs or tends
to disturb the peace or good order and operation of such school session
or class thereof.
C.
Exceptions. The provisions of this section shall not apply to:
(1)
Any vehicle of the City while engaged in necessary public business.
(2)
Excavations or repairs of streets or other public construction by
or on behalf of the City, county, or state at night when public welfare
and convenience render it impossible to perform such work during the
day.
(3)
The reasonable use of amplifiers or loudspeakers in the course of
public addresses which are noncommercial in nature.
(4)
Any City-owned and -operated amplification system not part of a motor
vehicle of the City engaged in playing music authorized by the City
or engaged in any necessary public business.
[Added 10-11-2004 by Ord. No. 2004-06]
D.
Permits for amplifying devices.
(1)
Permit required. The use of loudspeakers or amplifying devices on
the streets or in the parks of the City of Marion is prohibited unless
the party desiring to use such loudspeaker or amplifying device first
obtains a permit from the Chief of Police.
(2)
Grounds or reason for denial or allowance. The Chief of Police shall
have the authority to revoke such permit when he believes such loudspeaker
or amplifying device is becoming a nuisance because of the volume,
the method in which it is being used or the location in which it is
being operated.
(3)
Time restrictions. The Chief of Police shall not grant a permit to
use a loudspeaker or amplifying device before the hour of 9:00 a.m.
or after 10:00 p.m. No permit shall be granted to anyone who, in the
opinion of the Chief of Police, uses said loudspeaker or amplifying
device in such a manner or for such a purpose as to constitute a nuisance.[1]
A.
Disorderly conduct prohibited. No person within the City of Marion
shall:[1]
(1)
In any public or private place, engage in violent, noisy, riotous,
abusive, indecent, profane, boisterous, unreasonably loud or otherwise
disorderly conduct which tends to cause or provoke an immediate disturbance
of public order or tends to annoy or disturb any other person.
(2)
Intentionally cause, provoke or engage in any fight, brawl, riot
or noisy altercation.
(3)
Indecently expose his or her person.
(4)
Be in any business or private structure or private vehicle or upon
any private grounds without the consent of the owner.
B.
Defecating or urinating in public places. It shall be unlawful for
any person to defecate or urinate outside of designed sanitary facilities
upon any sidewalk, street, alley, public parking lot, park, playground,
cemetery or other public area within the City, or upon any private
property in open view of the public, or in the halls, rooms without
rest room facilities, stairways or elevators of public or commercial
buildings.[2]
C.
Disorderly street gang conduct.
(1)
Findings. The City of Marion Common Council hereby finds and declares
that it is the right of every person, regardless of race, color, creed,
religion, national origin, sex, age, or disability, to be secure and
protected from fear, intimidation and physical harm caused by the
activities of violent groups and individuals. It is not the intent
of this subsection to interfere with the exercise of the constitutionally
protected rights of freedom of expression and association. The Common
Council hereby recognizes the constitutional right of every citizen
to harbor and express beliefs on any lawful subject whatsoever, to
lawfully associate with others who share similar beliefs, to petition
lawfully constituted authority for redress or perceived grievances
and to participate in the electoral process.
(a)
The Common Council finds, however, that urban, suburban and
rural communities, neighborhoods and schools throughout the United
States are being terrorized and plundered by street gangs. The Common
Council finds there are now several hundred street gangs operating
in Wisconsin and that, while their terrorism is most widespread in
urban areas, street gangs are spreading into suburban and rural areas
of Wisconsin, including in the counties the City of Marion is settled
in.
(b)
The Common Council further finds that street gangs are often
controlled by criminally sophisticated adults who take advantage of
our youth by intimidating and coercing them into membership by employing
them as drug couriers and runners and by using them to commit brutal
crimes against persons and property to further the financial benefit
to and dominance of the street gang.
(c)
Street gang activity presents a clear and present danger to
public order and safety and is not constitutionally protected. No
society is or should be required to endure such activities without
redress. Accordingly, it is the intent of this Common Council, by
enacting this subsection, to prohibit street gang related activity.
(2)
Definition. For the purposes of this subsection, "street gang" or
"gang" is defined as an ongoing organization, association in fact
or group of three or more persons, whether formally or informally
organized, or any subgroup or affiliated group thereof, having as
some of its activities the commission of criminal or illegal acts,
including, by way of example only and not in any way limiting or specifying,
illegal drug distribution, and whose members individually or collectively
engage in or have engaged in a pattern of criminal or illegal acts,
and which group frequently, though not necessarily, claims one or
more particular geographic territories or "turf" exclusively as its
realm of influence and operations.[3]
(3)
Colors, emblems or insignia prohibited. It shall be unlawful for
any person within the City of Marion to knowingly use, display or
wear colors, emblems or insignia on or about his person in public
for the purpose of promoting any street gang activity.
(4)
Public display of membership in street gang. It shall be unlawful
for any person within the City of Marion to knowingly do or make any
act, utterance, gesture, or display for the purpose of communicating
membership or affiliation with, association with, support of, identification
with, sympathy toward or affront or insult toward any street gang,
or with actual knowledge that the subject act, utterance, gesture,
or display is used and recognized as communication of street gang
membership, affiliation, association, support, identification, sympathy
or affront.
A.
Unauthorized presence or disorderly conduct on school property.
(1)
A student who is under suspension, expulsion, or other disciplinary
procedures excluding him from attending any school located within
the City or any person not a student presently enrolled or not an
employee of such school or not a parent or guardian of a student or
not an otherwise authorized person shall not be present within any
school building or upon any school grounds without having first secured
authorization to be there from the principal or other person in charge
of the school building or school grounds, except while in direct route
to secure such authorization.
(2)
No person shall, in any school property or building, engage in violent,
abusive, loud or otherwise disorderly conduct which causes or provokes
an immediate disturbance of public order or disturbs or annoys any
other person, nor shall a person intentionally engage in any fight,
brawl, riot or noisy altercation other than a bona fide athletic contest.
(3)
Any unauthorized person who shall come upon school property and refuse to leave upon request by the school principal or any person acting under the direction of the school principal, in addition to violating Subsection A(1), shall be guilty of trespass.
(4)
"Authorized person" shall include:
(a)
Any person who is present at any school building or school grounds
for a purpose previously authorized by the school or its designee.
(b)
Any person transporting a student and who utilizes the driveway
specified for loading and unloading personnel.
(c)
Any person utilizing a designated area for attending an athletic
or other organized school event.
(5)
"Unauthorized presence" shall include any vehicle that is found on
school property which has not received permission to be there. If
the occupants or owners are not on school property for some legitimate
business or activity or are parked in an area that regulates parking
to certain authorized vehicles, they are in violation. Such vehicle
may be issued a City summons that regulates parking or may be towed
away at the direction of the school principal or person in charge
of school building. Law enforcement officers may also have any vehicle
towed away which, because of its location, creates a hazard to life
or property.
(6)
All entrances to the school buildings referred to in this section
shall be posted with a notice stating "Entry Into School Building
by Unauthorized Person Prohibited."
(7)
Nonstudents, students from schools other than the school on the property
or students from a school who are not in compliance with the school
system's published rules and regulations shall be considered
in violation of this section. The published rules and regulations
of the school system are incorporated as if fully set forth herein.
B.
Loitering near school prohibited. No person not in official attendance
or on official school business shall enter into, congregate, loiter
or cause a nuisance in any school building in the City of Marion or
upon any school district grounds or within adjacent posted school
zones on any day when such schools are in session.
C.
Possession of intoxicating liquor and fermented malt beverages. No
person shall possess intoxicating liquor or fermented malt beverages
while on any school property.
A.
Lawful orders. It shall be unlawful for any person to fail to obey
the direction or order of a police officer while such police officer
is acting in an official capacity in carrying out his or her duties.
B.
Resisting or interfering with officer prohibited. It shall be unlawful
for any person to resist or in any way interfere with any police officer
or member of the Police Department or any person called to assist
such officer or to threaten, resist or interfere with such officer
or person or to advise or encourage any other person to resist or
interfere with such officer or person in the discharge of his duty
or to in any way interfere with or hinder or prevent him from discharging
his duty as such officer or assistant, or to offer or endeavor to
do so, or to in any manner assist any person in the custody of any
law enforcement officer to escape or to attempt to escape from such
custody or to try to persuade any person to escape from the custody
of such officer or to rescue or attempt to rescue any person so in
custody or to fail to obey the order or direction of such officer
while such officer is acting in his official capacity in carrying
out his duties.
A.
No person shall possess 25 grams or less of marijuana, as defined
in § 961.01(14), Wis. Stats., unless it was obtained directly
from or pursuant to a valid prescription or order of a practitioner
while acting in the course of his or her professional practice, or
except as otherwise authorized by Ch. 961, Wis. Stats.
C.
This section does not apply to any person who is charged with possession
of more than 25 grams of marijuana, or who is charged with possession
of any amount of marijuana following a conviction for possession of
any amount of marijuana, in the State of Wisconsin.
No person within the City of Marion shall possess a controlled substance specified in § 961.14(4)(tb) to (ty), Wis. Stats. Violation of this section shall be subject to a penalty as prescribed in § 1-4 of this Code. Any person who is charged with possession of a controlled substance specified in § 961.14(4)(tb) to (ty), Wis. Stats., following a conviction for possession of a controlled substance in this state shall not be prosecuted under this section.
No individual shall cross a police or fire line that has been
so designated by banner, signs or other similar identification.
A.
Harassment. No person, with intent to harass or intimidate another
person, shall do any of the following; each instance shall be considered
a separate violation:
B.
Harassing or obscene telephone calls. Whoever commits any of the following acts shall be subject to the general penalty as provided in § 1-4 of this Code:
(1)
Makes any comment, request, suggestion or proposal which is obscene,
lewd, lascivious or indecent.
(2)
Makes a telephone call, whether or not conversation ensues, with
the intent to abuse, threaten or harass any person at the called number
or numbers.
(3)
Makes or causes the telephone of another repeatedly or continuously
to ring, with the intent to harass any person at the called numbers
or numbers.
(4)
Makes repeated telephone calls, during which conversation ensues,
solely to harass any person at the called number or numbers.
(5)
Knowingly permits any telephone under his control to be used for
any purpose prohibited by this section.
(6)
In conspiracy or concerted action with other persons, makes repeated
calls or simultaneous calls solely to harass any person at the called
number or numbers.
No person shall have or permit on any premises owned or occupied
by him any open cisterns, cesspools, wells, unused basements, excavations
or other dangerous openings. All such places shall be filled, securely
covered or fenced in such manner as to prevent injury to any person,
and any cover shall be of a design, size and weight that the same
cannot be removed by small children.