No person, acting alone or in concert with others, may engage
in disorderly conduct. Disorderly conduct consists of any of the following:
(1) Behavior
of a boisterous and tumultuous character in a residential area or
a public place such that there is a clear and present danger of alarming
persons where no legitimate reason for alarm exists.
(2) Interfering
with the peaceful and lawful conduct of persons in or about their
homes or public places under circumstances in which such conduct tends
to cause or provoke a disturbance.
(3) Violent
and forceful behavior at any time in or near a public place, such
that there is a clear and present danger that free movement of other
persons will be arrested or restrained, or other persons will be incapacitated
in the lawful exercise of business or amusement.
(4) In
a public or private place engaging in violent, abusive, indecent,
profane, boisterous, unreasonably loud, or otherwise disorderly conduct
under circumstances in which such conduct tends to cause or provoke
a disturbance.
(5) Willful
and malicious behavior that interrupts the speaker of any lawful assembly
or impairs the lawful right of others to participate effectively in
such assembly or meeting when such conduct tends to cause or provoke
a disturbance.
(6) Behavior
near a courthouse or other public building wherein judicial proceedings
are being held, designed or having the effect of interfering with
the administration of justice, whether by disrupting the courts or
by intimidating the judges, witnesses, jurors or other persons having
business with the courts.
(7) Behavior
near any public building wherein matters affecting the public are
being considered or deliberated, designed or having the effect of
interfering with such proceedings under circumstances in which such
conduct tends to cause or provoke a disturbance.
(8) Willful
and malicious behavior which obstructs or causes the obstruction of
any doorway, hall, or any other passageway in a public building to
such an extent that the employees, officers and other persons, including
visitors and tourists, having business with the government are denied
entrance into, exit from or free passage in such building.
(9) The
discharge of a firearm within the city except in an approved shooting
facility.
(1973 Code, sec. 19-4; 1991 Code,
sec. 20-1; Ordinance 95-484, sec.
1, adopted 11/16/94; 2007 Code,
sec. 28-1)
(a) It
shall be unlawful for any person to place or permit to remain outside
of any dwelling, building or other structure, or within any warehouse
or storage room or any unoccupied or abandoned dwelling, building
or other structure, under such circumstances as to be accessible to
children, any icebox, refrigerator or other airtight or semi-airtight
container which has a capacity of 1-1/2 cubic feet or more and an
opening of 50 square inches or more and which has a door or lid equipped
with a latch or other fastening device capable of securing such door
or lid shut.
(b) Any person violating this section shall be guilty of a misdemeanor, and upon conviction shall be fined in accordance with the general penalty provided in section
1.01.009 of this code. Each act done in violation hereof and each day that such violation continues shall constitute a separate offense and be punishable as such.
(1973 Code, sec. 19-6; 1991 Code,
sec. 20-2; 2007 Code, sec. 28-2; Ordinance adopting 2022 Code)
It shall be unlawful for any person, in any manner, to interfere
with, prevent or otherwise obstruct any officer or employee of this
city in the performance of his official duties.
(1973 Code, sec. 19-8; 1991 Code,
sec. 20-3; 2007 Code, sec. 28-3)
It shall be unlawful for any person when given a written promise
to appear, or given a written notice by any police officer to appear
before the municipal court of the city to answer for an offense against
any law of this state, sections of this code or any ordinances of
the city, to give an assumed or fictitious name or a false place of
residence or address, or any other than his true name and the true
place of his residence or address, upon the request of such officer.
(1973 Code, sec. 19-9; 1991 Code,
sec. 20-4; 2007 Code, sec. 28-4)
No person, being called on by the chief of police or any other
peace officer, shall refuse or fail to aid such officer in any manner
in which, by law, he may be rightfully called on to aid or assist
in the execution of a duty incumbent upon such officer.
(1973 Code, sec. 24-2; 1991 Code,
sec. 23-4; 2007 Code, sec. 28-5)
It shall be unlawful for any person to window peep, spy upon
or eavesdrop at or on any private residence in the city, or upon any
hotel, tourist court, apartment or trailer house, whether such private
residence, hotel, tourist court, apartment or trailer house is occupied
by people or not; and it shall be no defense that such window peeper,
eavesdropper or spy was not trespassing upon private property at the
time of such window peeping, eavesdropping and spying.
(1973 Code, sec. 19-10; 1991 Code,
sec. 20-5; 2007 Code, sec. 28-6)
When the city council shall have declared any thing, act or
commission to be a nuisance and instructed the party guilty of maintaining
or creating such nuisance to abate or remove the same within a designated
reasonable time, and notice of such action shall have been served
upon the party to be so charged, and he shall fail to obey the same
within the time so reasonably designated, he shall be deemed guilty
of a misdemeanor.
(1973 Code, sec. 19-12; 1991 Code,
sec. 20-6; 2007 Code, sec. 28-7)
It shall be unlawful for any person, not employed to do so,
to climb or ascend any water tower, windmill tower, telephone, telegraph,
electric light or any other publicly or privately owned pole in the
city.
(1973 Code, sec. 19-22; 1991 Code,
sec. 20-7; 2007 Code, sec. 28-8)
It shall be unlawful for any person to leave or place upon or
against any telegraph, telephone or electric light pole or electric
light standard within the city any advertisement of any character
or description.
(1973 Code, sec. 3-1; 1991 Code,
sec. 3-1; 2007 Code, sec. 28-9)
It shall be unlawful for any person to tear down, deface or
cover up any posted advertisement or bill of any person when the same
is rightfully and lawfully posted and put up, during the time such
sign or advertisement shall be of value, unless such person tears
down, defaces or covers up the advertisement or bill with the permission
of the owner thereof.
(1973 Code, sec. 3-2; 1991 Code,
sec. 3-2; 2007 Code, sec. 28-10)
(a) Purpose.
The purpose of this section is to establish
reasonable regulations for the use of recreational vehicles. This
section is not intended to allow what state law prohibits; rather,
this law is intended to improve the safety of persons living in residential
areas and the safety of persons operating recreational vehicles, and
to reduce the noise incident to operation of recreational vehicles,
and to prevent a public nuisance.
(b) Definition.
As used in this section, unless the context
indicates otherwise, “recreational vehicle” means any
self-propelled motorized vehicle used for recreational purposes including
any all-terrain vehicle (ATV), go-cart, motor scooter, moped, trail
bike, or other similar vehicle being used for off-road recreational
purposes.
(c) Permission for operation on land of another.
A person
commits an offense if he operates a recreational vehicle on land not
his own without the written permission of the owner, occupant, or
lessee of the land. Written permission may be given by posted notice
that specifies the kind of vehicles allowed, such as “recreational
vehicles allowed,” “trail bikes allowed,” “ATVs
allowed,” or other similar language.
(d) Speed limit on publicly owned land.
A person commits
an offense if the operates a recreational vehicle in excess of 20
miles per hour on publicly owned land other than a public roadway.
(e) Operation on public property.
A person commits an offense
if he operates a recreational vehicle on any public property, including
public school grounds, park property, playgrounds, recreational areas,
right-of-way, sidewalk, or on any portion of any highway, street or
alley not ordinarily used for vehicular traffic, except in areas specifically
designated for the use of such recreational vehicles.
(f) Defenses.
It is an affirmative defense to prosecution
under this section that:
(1) The recreational vehicle was operated by a public employee or public
officer for law enforcement or other governmental purposes; or
(2) The person had the verbal permission of the owner or other person
entitled to possession and control of the property and the person
who granted verbal permission was present where and when the recreational
vehicle was being operated.
(g) Any person violating any provision of this section, or failing to comply with any requirement of this section, shall be guilty of a misdemeanor and punishable as provided in section
1.01.009 of this code. Each day during or upon which such person shall violate or continue violation of any provision of this section or noncompliance with any requirement of this section shall constitute a distinct and separate offense.
(Ordinance 09-671, sec. 1, adopted 6/25/09; 2007 Code, sec. 28-11)
(a) In
this section:
City park
means Hirsch Memorial Park, Uptown Park, Schott Park, Timberwood
Park or any other park owned by the city.
Designated area
means a public place at which the officer or agency having
the legal duty or authority to manage the place has either:
(1)
Posted signs that specifically allow camping; or
(2)
Issued a written permit to the person specifically allowing
camping.
Downtown
means that area bounded by McKay Drive, FM 1960, Wilson Road,
and Will Clayton Parkway.
Shelter
includes a tent, tarpaulin, lean-to, sleeping bag, bedroll,
blankets, or any form of temporary, semipermanent, or permanent shelter,
other than clothing or any handheld device, designed to protect a
person from weather conditions that threaten personal health and safety.
(b) A
person commits an offense if the person intentionally or knowingly
camps in a public place, in downtown or in any city park.
(c) It
is an affirmative defense to prosecution under this section that the
person was camping in a designated area.
(d) The
actor’s intent or knowledge may be established through evidence
of activities associated with sustaining a living accommodation that
are conducted in a public place, including:
(3) Storing personal belongings for an extended period;
(Ordinance 21-911 adopted 12/9/21)