[1]
Prior legislation: Ords. 1839 and 1843.
It is unlawful for any person to urinate or defecate in a public place other than a washroom or toilet room or other facility specifically designated and intended for that use. Violation of this section shall be an infraction as described in CMC § 10.35.020.
(Ord. 2103 § 1 (part), 2003)
The penalty for any infraction specified in CMC § 10.35.010 shall be not more than one hundred fifty dollars. Each and every day or portion thereof in which an infraction is committed shall constitute a separate and distinct infraction.
(Ord. 2103 § 1 (part), 2003)
A. 
A person is guilty of lewd conduct if he/she intentionally performs a lewd act in a public place or a place and under circumstances when such act could be observed by any member of the public.
B. 
A "lewd act" as used in this section is:
1. 
Exposure of one's anus, genitals or female breasts;
2. 
Touching, caressing or fondling of the anus, genitals or female breasts;
3. 
Masturbation; or
4. 
Sexual conduct.
C. 
"Sexual conduct"
as defined below, applies only to those words which, applying the average standards of the city, taken as a whole, appeal to the prurient interest of persons and which lack serious literary, artistic, political or scientific value. "Sexual conduct" means:
1. 
Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight;
2. 
Any penetration of the vagina or anus, however slight, by an object, when committed by one person on another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes;
3. 
Any contact between persons involving the sex organs of one person and the mouth or anus of another, whether such persons are of the same or opposite sex;
4. 
Masturbation, manual or instrument, or one person by another; or
5. 
Flagellation or torture in the context of a sexual relationship.
D. 
"Public place"
as used in this section means 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 public, whether or not limited to persons over a specific age, including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
E. 
The owner, manager or operator of premises open to the public is guilty of permitting lewd conduct if he/she intentionally permits or causes a lewd act on the premises.
F. 
A violation of this section is a gross misdemeanor punishable by a fine of not more than nine thousand five hundred dollars or by imprisonment not to exceed one year or by both such fine and imprisonment.
(Ord. 2103 § 1 (part), 2003)
A. 
It shall be unlawful for any person to loiter or remain in or near any street, alley, or sidewalk, any place open to the public, or near any public or private place in a manner or under circumstances that manifest an intent to engage in prohibited drug- or alcohol-related activity.
B. 
Circumstances which may be considered in determining whether an intent to engage in prohibited drug- or alcohol-related activity is manifested include, but are not limited to, the following:
1. 
The person has been convicted of drug- or alcohol-related offenses.
2. 
The person displays physical characteristics of intoxication or drug or alcohol usage.
3. 
The person possesses drug paraphernalia or an open container of alcohol.
4. 
The person behaves in such a manner as to raise a reasonable suspicion that they are about to engage in or is engaging in unlawful drug- or alcohol-related activity.
5. 
The person is identified as a member of a group, association, organization, or gang that has historically engaged in unlawful drug- or alcohol-related activity.
6. 
The person takes, transfers, or exchanges small items or currency in a secretive manner.
7. 
The person manifestly attempts to conceal themselves or any object which could reasonably be involved in unlawful drug- or alcohol-related activity.
8. 
A vehicle is being used that is known to be registered to or possessed by a person that has been convicted of drug- or alcohol-related offenses or that has an outstanding warrant for a crime involving drug- or alcohol-related offenses.
9. 
The premises involved is known to have been reported to law enforcement as a place suspected of unlawful drug or alcohol activity.
10. 
The area involved has a reputation for being a place of unlawful drug or alcohol use.
C. 
In determining whether a person is manifesting an intent to engage in prohibited drug- or alcohol- related activity, the cumulative knowledge of all law enforcement officers involved or contacted by the responding officer may be considered.
D. 
Any person who violates this section shall be guilty of a misdemeanor.
(Ord. 2567, 9/9/2025)
A. 
It shall be unlawful for any person to loiter or remain within three hundred thirty (330) feet of a playground, school, library, public swimming pool, youth sports facility, or child-oriented location in a manner or under circumstances that manifest an intent to (1) harass, intimidate, or interfere with the safe use of the premises by children or staff or (2) engage in conduct that would cause a reasonable person, or child of ordinary sensibilities, to fear for their safety or the security of their property.
B. 
For purposes of this section, the following definitions shall apply:
1. 
"Child-oriented location"
means a place where a significant number of children are typically present or where the primary purpose is to serve, educate, or entertain children. This includes, but is not limited to, amusement parks, arcades, basketball courts, childcare facilities, early learning centers, roller rinks, skate parks, splash pads, and toy stores.
2. 
"Playground"
means any indoor or outdoor facility, including any parking lot appurtenant thereto, specifically designed, equipped, and intended to be used for the recreation of children and that includes three or more play structures, including, but not limited to, climbing structures, slides, and swings.
3. 
"Sports facility"
means any place, building, or area designed or intended to be used for sports related activities, whether for recreation, competition, or both.
C. 
Circumstances which may be considered in determining whether an intent to harass, intimidate, or interfere with the safe use of the premises or to engage in prohibited conduct is manifested include, but are not limited to, the following:
1. 
The person has been convicted of offenses against children.
2. 
The person follows, accosts, or repeatedly approaches a child or caregiver after being told to stop,
3. 
The person obstructs entrances, exits, or drop-off/pick-up zones.
4. 
The person makes threats, gestures, or statements that a reasonable person would interpret as a threat of harm.
5. 
The person displays a weapon or simulated weapon.
6. 
The person engages in lewd conduct or creates a public disturbance or nuisance, including, but not limited to, excessive noise, litter, refuse, excessive odor, human or animal waste, or any act or omission that annoys, injures, or endangers the comfort, repose, health, or safety of others,
7. 
The person behaves in such a manner as to raise a reasonable suspicion that they are about to engage in or are engaging in activity that constitutes a criminal offense.
8. 
The person manifestly attempts to conceal themselves or any object which could reasonably be involved in the commission of a criminal offense.
D. 
The 330-foot distance shall be measured in a straight line from the nearest edge of the area, building, or facility.
E. 
This section shall not apply to parents, guardians, caregivers, employees, or service providers with legitimate business at the facility or to persons using public rights-of-way for ordinary travel. Nothing in this section shall be construed to prohibit constitutionally protected speech, assembly, or picketing.
F. 
Any person who violates this section shall be guilty of a misdemeanor. No person may be arrested for a violation of this section unless they have been given a reasonable opportunity to leave the area and have failed to do so.
(Ord. 2567, 9/9/2025)