[HISTORY: Adopted by the Mayor and Town Council
of the Town of North Beach as Art. X, Secs. 2, 6, 9, 12 and 18, of
the 1982 Code. Amendments noted where applicable.]
[Amended 3-31-2010 by Ord. No. 10-04]
It shall be unlawful for any person or persons
to at any time or in any manner deface or damage any tree, fence,
gate, railing, trash receptacle, sign, building or other structure
upon public and/or private land within the Town of North Beach by
writing, cutting, or in any other manner, specifically, including
the use of graffiti.
A.
For the purposes of this Code, "graffiti" is defined as "any inscriptions,
words, figures, paintings or other defacements that are written, marked,
etched, scratched, sprayed, drawn, painted or engraved on or otherwise
affixed to any surface of public property and/or private property
or improvements thereon without prior authorization of the owner or
occupant of the property by means of any aerosol paint container,
broad-tipped marker, gum label, paint stick, graffiti stick, etching
equipment, brush or any other device capable of scarring or leaving
a visible mark on any surface."
[1]
Editor's Note: Former § 86-2, Trespass upon boats,
was repealed 11-11-2021 by Ord. No. 21-06.
No person shall willfully interrupt or disturb
any assembly met for the worship of God.
It shall be unlawful for any female to appear
in public, on public streets, sidewalks, or beaches or in public buildings
or places of public resort or amusement within the Town of North Beach
wearing topless clothing, dress or attire either with or without pasties.
[Amended 6-1-2000 by Res. No. 05-00]
It shall be unlawful for any person to refuse
to identify or to falsely identify himself or herself to any Beach
Patrol Officer or to any Town Police Officer having cause to issue
a Municipal Infraction Citation.
[Added 9-13-2018 by Ord.
No. 18-05]
A.
SMOKING
VAPING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The possession of a lighted or ignited tobacco, nicotine
or marijuana product or paraphernalia; an act that generates smoke
(including, but not limited to, possessing a lighted or ignited pipe,
hookah pipe, cigar, electronic cigarette or cigarette of any kind);
or lighting or igniting a pipe, hookah pipe, cigar, electronic cigarette
or a cigarette of any kind. Smoking includes the use of any product
that emits smoke in the form of gases, particles, vapors or other
by-products released by electronic cigarettes, tobacco cigarettes,
herbal cigarettes, marijuana cigarettes and any other type of cigarette,
pipe or other implement for the purpose of inhaling vapors, gases,
particles or their by-products released as a result of combustion
or ignition.
The heating of nicotine, cannabis or flavored aerosols, the
active ingredients in which are vaporized and then released into the
air in a fine mist created by a vaporizer device.
C.
Exception. Smoking and vaping are permitted inside a vehicle that
is parked in a parking lot, provided that the doors and windows of
the vehicle are completely closed.
D.
Other laws. Nothing contained in this section shall be construed
to authorize smoking or vaping in violation of any federal or state
law or regulation.
E.
Signs. The Mayor is authorized to post signs on Town property subject
on which smoking and vaping is prohibited by this section, notifying
the public of said prohibitions and of the penalties for violations
thereof as set forth in § 85-6 of this chapter.
[Amended 6-1-2000 by Res. No. 05-00]
A.
Any person violating any of the provisions of §§ 86-1 or 86-2 of this chapter shall be guilty of a misdemeanor, punishable as provided in Chapter 1, General Provisions, Article III, Penalties. Where the offense is of a continuing nature, each separate day's violation shall be deemed a separate offense.
C.
A violation of § 86-5.1 is declared to be a public nuisance and, in addition to any fine or other punishment imposed pursuant to Subsections A and B of this section, any person who violates § 86-5.1 shall be subject to ejection from the Town property on which such violation has occurred.
[Added 9-13-2018 by Ord.
No. 18-05]
D.
A person who has committed three or more violations of § 86-5.1 may be banned by the Mayor from the Town property or properties on which such violations have occurred for a period of one year if deemed necessary by the Mayor in order adequately to protect the public health, safety and welfare. A person who enters upon property from which he or she has been banned pursuant to this subsection shall be guilty of a separate municipal infraction punishable as provided in Chapter 1, General Provisions, Article III, Penalties.
[Added 9-13-2018 by Ord.
No. 18-05]
