[Ord. of 7-9-1970, §§ III]
(a)
No person shall stand on any footwalk, sidewalk, parking lot or doorstep
or in any door-way in this Town as to obstruct free passage for foot
passengers or to hinder, delay, disturb or annoy passersby or persons
residing or doing business in the vicinity thereof.
(b)
Any person obstructing any footwalk, sidewalk, parking lot, step
or doorway shall move immediately when requested to do so by a police
officer.
[Ord. of 5-18-1983, §§ 1
— 4]
(a)
It shall be unlawful for any person to hunt, pursue, take or kill any wild bird or animal in the Town with any rifle, shotgun, bow and arrow or weapon of any description or to shoot, fire or discharge any weapon within the Town, except as specifically provided in Subsection (b) of this section.
(b)
Hunting, pursuing, taking or killing of wild birds or animals or
shooting, firing or discharging of any rifle, shotgun, pistol, bow
and arrow or weapon of any description shall be allowed within the
Town specifically under the following conditions and restrictions:
(1)
It shall be unlawful for any person to hunt, pursue, take or kill
any wild bird or animal or to fire, shoot or discharge any firearm
or weapon of any description upon any property owned by the Town.
(2)
Any person desiring to hunt, pursue, take or kill wild birds or animals
or to fire, shoot or discharge any firearms or weapons of any description
upon private property shall obtain prior permission, in writing, from
the owner of the private property upon such form as the Town Clerk
shall require, file the written permission in the office of the Town
Clerk, and carry a copy thereof upon his person while hunting or discharging
any such firearm or weapon. This subsection shall not apply to any
person engaging in the activities referred to in this section who
is an owner of the property on which such activity is to take place
or the bona fide individual members of any club or group duly organized
for the purpose of and which owns facilities and property for hunting
and marksmanship, when the members are engaging in such activities
on such facilities and property.
(3)
It shall be unlawful for any person while hunting or pursuing wild
birds or wild animals in the Town to use shot larger than no. 2 shot.
(4)
It shall be unlawful for any person while hunting or pursuing wild
birds or wild animals in the Town to use an air rifle (BB gun), air
pellet gun, bow and arrow or rifle.
(5)
Any person hunting or shooting or firing or discharging a weapon
of any description pursuant to the provisions of Subsection (b)(2)
of this section shall comply with all provisions of state law pertaining
to hunting and weapons.
(c)
No provision of this section shall be construed or interpreted to
restrict, hinder or interfere with the functions or activities of
police or other public safety officers of the Town while in the lawful
performance of their duties nor restrict, hinder or interfere with
any right of self-defense or any presumption of self-defense which
may be conferred by the state law.
[Ord. of 9-11-1975(2),
§§ 1 — 5]
(a)
CONVICTION
TRAFFIC SIGN
The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:
The imposition of a fine, confinement in the adult correctional
institution, a suspended sentence or probation after trial or on a
plea of guilty or nolo contendere.
Includes but is not limited to signs regulating traffic,
speed or parking; stop signs; signs relating to directions; and signs
designating the names of streets.
(b)
A reward of $25 will be given to any person providing information
leading to the arrest and conviction of anyone who removes or damages
a traffic sign or a street sign within the Town.
(c)
The name of each person entitled to such reward shall be furnished
to the finance director by the police department after each such conviction
has taken place.
(d)
The fact that an appeal is taken from a conviction will not cause
a reward otherwise in order for payment to be withheld.
[Ord. of 6-14-1973; Ord.
of 8-20-1980(5), §§ 1
— 3]
(a)
It shall be unlawful for any person to consume alcoholic beverages
from any bottle, glass or metal container or any other container on
any public street, highway, park, recreation area or other public
place, including while in or upon a motor vehicle in the Town.
(b)
It shall be unlawful for any person to possess an alcoholic beverage,
other than in its original container in its original unopened condition,
on any public street, highway, park, recreation area or other public
place, including while in or upon a motor vehicle, in the Town.
(c)
The Town Council, acting as the board of licenses, may grant special
permits to allow the consumption of alcoholic beverages in otherwise
prohibited areas, provided that the permit is specific as to time,
place and duration.
(d)
This section shall not apply when a permit has been granted.
[Ord. No. 94-3, §§ 1,
2, 5-4-1994]
(a)
The possession and use of spray paint or indelible markers with a
one-half-inch tip or more by anyone under the age of 18 unless that
individual is under the direct supervision of an adult 18 years old
or over is prohibited.
(b)
Any person found to be in violation of this section shall be fined
a sum of $50 for the first offense and $100 for each offense thereafter.
[Ord. No. 94-5, § 1, 5-4-1994]
Any person convicted of a violation of any Town ordinance or
state statute banning the possession of spray paint or indelible marker,
or his/her legal guardian, who shall have also been convicted of using
spray paint or indelible marker to mark or otherwise deface the personal
or real property of another, as prohibited by applicable local ordinance
or state statute shall also reimburse the property owner for the costs
to repair the property.
[Ord. No. 03-20, § 1, 5-21-2003]
(a)
It shall be unlawful for any person to loiter, loaf, wander, stand
or remain idle either along and/or in consort with others in a public
place in such manner so as to:
(1)
Obstruction of any public street, public highway, public sidewalk
or any other public place or building by hindering or impeding or
tend to hinder or impede the free and uninterrupted passage of vehicles,
traffic or pedestrians.
(2)
Commit in or upon any public street, public highway, public sidewalk
or any other public place or building any act or thing which is an
obstruction or interference to the free and uninterrupted use of property
or with any business lawfully conducted by anyone in or upon or facing
or fronting on any such public street, public highway, public sidewalk
or any other public place or building, all of which prevents the free
and uninterrupted ingress, egress and regress, therein thereon and
thereto.
(b)
When any person causes or commits any of the conditions enumerated in Subsection (a) herein, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of the section.
[Ord. No. 07-21A, § 1, 10-3-2007]
(a)
It shall be unlawful for any person to loiter or otherwise be present
in any playground, school-yard, or other Town-owned property during
hours determined by the Chief of Police with notice conspicuously
placed in each such playground, schoolyard and other Town-owned property
at the entrance thereto and at such other locations that shall provide
adequate notice of said violation.
(b)
When any person violates the provisions of this section, a police
officer or any other law enforcement officer shall issue a citation
to said person for the offense.
[Ord. No. 09-27-A, § 1, 10-7-2009]
(a)
It shall be unlawful for any person or owner of any business establishment
licensed or permitted to do business in the Town of Cumberland to
allow a minor to do any of the following:
(1)
Allow a minor to provide adult entertainment or to serve food or
beverages at any business establishment that provides adult entertainment.
(2)
Allow a minor to provide entertainment of any kind or to serve food
or beverages or perform any customer service related function at any
business establishment that features any of the following:
a.
A person who appears in a state of nudity or a state of dress in
which opaque clothing covers not more than the genitals, pubic region
and nipple of the female breast, as well as portions of the body covered
by supporting straps or devices; or
b.
Live performances that are characterized by the exposure of the cleft
of the buttocks, anus, male or female genitals or the female breast,
or by sex acts, actual or simulated, including intercourse, oral copulation,
masturbation or sodomy.
(3)
Allow a minor to work in any capacity if the business is primarily
involved in the sale and/or rental of adult related videos, props,
books, magazines, DVD's and any other materials related thereto.
(c)
Any person, other than the holder of a business license issued by
the Town of Cumberland who shall violate any provision of the section,
shall be guilty of an offense against the Town, punishable by a fine
of $500 for each offense.
(d)
In addition to the fine set forth in Subsection (c) above, any holder of any license issued by the Town of Cumberland including, but not limited to alcoholic beverage licenses, who shall violate any provision of this section shall be guilty of a violation of Article IX(A)(3) of the Rules and Regulations, Policies and Procedures of the Board of License Commissioners of the Town of Cumberland and subject to the following:
[Added 11-4-2015 by Ord.
No. 15-20]
(a)
A person commits indecent exposure/disorderly conduct when such person
intentionally, knowingly or recklessly:
(1)
Exposes his or her genitals to the view of another under circumstances
in which his or her conduct is likely to cause affront, distress,
or alarm to that person.
(b)
Any person may be a complainant for the purposes of instituting action
for any violation of this section. This act shall not apply to any
conduct between consenting adults where the complainant is an unintended
witness.
(c)
Any person found guilty of, or who pleads nolo contendere to the offense of indecent exposure/disorderly conduct shall be fined up to $200. For a second offense, the person found guilty or who pleads nolo contendere shall be fined up to $300. A third subsequent offense may result in imprisonment for up to but not more than 30 days and/or a fine of up to $500, or both, and be held in contempt consistent with § 11-16 of the Town of Cumberland Code of Ordinances.
(d)
Counseling. Every person convicted of, or placed on probation for
a violation of this section may be ordered to attend appropriate professional
counseling to address his or her behavior.
(e)
In no event shall the provisions of this section be construed to
apply to breastfeeding in public.
