A person commits the offense of littering if he/she throws or
places or causes to be thrown or placed any glass, glass bottles,
wire, nails, tacks, hedge, cans, garbage, trash, refuse or rubbish
of any kind, nature or description on the right-of-way of any public
road or State highway or on or in any of the waters in this City or
on the banks of any stream or on any land or water owned, operated
or leased by the State, any board, department, agency or commission
thereof or on any land or water owned, operated or leased by the Federal
Government or the City, or on any private real property owned by another
without his/her consent.
Whoever willfully or maliciously poisons, defiles or in any
way corrupts the water of a well, spring, brook or reservoir used
for domestic or municipal purposes, or whoever willfully or maliciously
diverts, dams up and holds back from its natural course and flow any
spring, brook or other water supply for domestic or municipal purposes,
after said water supply shall have once been taken for use by any
person or persons, corporation, Town or City for their use, shall
be adjudged guilty of an ordinance violation and punished by a fine
not less than fifty dollars ($50.00) nor more than five hundred dollars
($500.00), or by imprisonment in the City or County Jail not exceeding
ninety (90) days, or by both such fine and imprisonment, and shall
be liable to the party injured for three (3) times the actual damage
sustained, to be recovered by suit at law.
[Ord. No. 1306 §1, 8-9-2007]
A. Definitions. For purposes of this Section, the following
terms are defined as:
LOITER OR LOITERING
Standing, lingering, hanging around, delaying, prowling,
lurking, hiding, idling, sauntering or moving slowly about in one
(1) location. The term "loiter" or "loitering" shall not include walking
from one location to another.
TRAFFIC WARNING OR DIRECTIONAL SIGN
Any sign erected by a governmental entity for regulation
of vehicular traffic including, but not limited to, "stop" signs,
"yield" signs, speed limit signs, signs directing traffic one-way,
and signs prohibiting vehicular traffic or vehicular parking.
B. Loitering Prohibited.
1. Roadways. No person shall loiter within any roadway
used by vehicular traffic, in the median of a roadway between two
(2) lanes of traffic moving in opposite directions or within ten (10)
feet of any roadway.
2. Traffic warning or directional signs. No person
shall loiter within ten (10) feet of any traffic warning or directional
sign or in any other manner which obstructs or blocks such sign from
the view of oncoming motorists or which distracts motorists' attention
to such sign.
3. Certain intersections. Because of the heavy volume
of traffic and other traffic conditions present at the following intersections,
no person shall loiter within twenty-five (25) feet of any intersection.
4. Private property. No person shall loiter on private
property without the permission of the property owner.
5. Sidewalks. No person shall loiter upon any public
sidewalk in such a manner as to impede, hinder, slow or block pedestrian
traffic on such sidewalk or in such a manner as to create a hazard
for other pedestrians.
6. Doorways and emergency ingress and egress openings. No person shall loiter within fifteen (15) feet of any doorway,
entrance, exit, window, fire escape, or other opening in a building
that may be used for ingress or egress during an emergency.
7. Police station. No person shall loiter within twenty-five
(25) feet of the driveway or front entrance of police station or any
egress or ingress point of such police station. No person shall loiter
in the vicinity of the police station in such a manner to impede,
hinder, slow or block emergency vehicles from entering or exiting
the police station property or in such a manner to create a distraction
or hazard for such emergency vehicles as they enter or exit the police
station property.
8. School safety zone. No person shall loiter within
one hundred (100) feet of any public school while school is in session;
provided however, that parents or others acting in loco parentis may
attend to their children and/or monitor their child's entry into or
exit from the school from a location within the school safety zone
and persons may participate and attend special events on school grounds
that are sponsored or permitted by the school.
9. "Peeping toms". No person shall loiter in such a
place and manner so as to view or watch through a window or other
opening any part of the interior of a residence or people or activities
occurring therein without the permission of the owner of the residence.
10. Causing alarm. No person shall loiter in a place
at a time or in a manner not usual for law-abiding individuals under
circumstances that warrant a justifiable and reasonable alarm or immediate
concern for the safety of persons or property in the vicinity.
Among the circumstances which may be considered in determining
whether alarm is warranted is the fact that the person takes flight
upon the appearance of a Law Enforcement Officer, refuses to identify
himself/herself, or manifestly endeavors to conceal himself/herself
or any object. Unless flight by the person makes it impracticable,
a Law Enforcement Officer shall, prior to any arrest or issuance of
a summons for an offense under this Section, afford the person an
opportunity to dispel any alarm or immediate concern which would otherwise
be warranted by requesting the person to identify himself/herself
and explain his/her presence and conduct. No person shall be convicted
of an offense under this Section if the Law Enforcement Officer failed
to comply with the foregoing procedure or if it appears at trial that
the explanation given by the person was true and would have dispelled
the alarm or immediate concern.