MUNICIPAL OFFENSES

TITLE 11

MUNICIPAL OFFENSES

CHAPTER
1. ALCOHOL.
2. FORTUNE TELLING, ETC.
3. OFFENSES AGAINST THE PERSON.
4. OFFENSES AGAINST THE PEACE AND QUIET.
5. INTERFERENCE WITH PUBLIC OPERATIONS AND PERSONNEL.
6. FIREARMS, WEAPONS AND MISSILES.
7. TRESPASSING, MALICIOUS MISCHIEF AND INTERFERENCE WITH
TRAFFIC.
8. MISCELLANEOUS.

CHAPTER 1

ALCOHOL

SECTION
11-101. Drinking alcoholic beverages in public, etc.
11-102. Minors in beer places.

11-101. Drinking alcoholic beverages in public, etc. It
shall be unlawful for any person to drink, consume or have an open can or bottle
of beer or intoxicating liquor in or on any public street, alley, avenue,
highway, sidewalk, public park, public school ground or other public place.
(1989 Code, ? 10-202)

11-102. Minors in beer places. No person under the age of
twenty-one (21) shall loiter in or around or otherwise frequent any place where
beer is sold at retail for on premises consumption. (1989 Code, ? 10-203)
CHAPTER 2

FORTUNE TELLING, ETC.

SECTION
11-201. Fortune telling, etc.

11-201. Fortune telling, etc. It shall be unlawful for any
person to conduct the business of, solicit for, or ply the trade of fortune
teller, clairvoyant, hypnotist, spiritualist, palmist, phrenologist, or other
mystic endowed with supernatural powers. (1989 Code, ? 10-303, modified)
CHAPTER 3

OFFENSES AGAINST THE PERSON

SECTION
11-301. Assault and battery.

11-301. Assault and battery. It shall be unlawful for any
person to commit an assault and battery upon another person. (1989 Code, ?
10-401)
CHAPTER 4

OFFENSES AGAINST THE PEACE AND QUIET

SECTION
11-401. Disturbing the peace.
11-402. Anti-noise regulations.

11-401. Disturbing the peace. No person shall disturb,
tend to disturb, or aid in disturbing the peace of others by violent,
tumultuous, offensive, or obstreperous conduct, and no person shall knowingly
permit such conduct upon any premises owned or possessed by him or under his
control. (1989 Code, ? 10-501)

11-402. Anti-noise regulations. Subject to the provisions
of this section, the creating of any unreasonably loud, disturbing, and
unnecessary noise is prohibited. Noise of such character, intensity, or duration
as to be detrimental to the life or health of any individual, or in disturbance
of the public peace and welfare, is prohibited.
(1)Miscellaneous prohibited noises enumerated. The
following acts, among others, are declared to be loud, disturbing, and
unnecessary noises in violation of this section, but this enumeration shall not
be deemed to be exclusive, namely:
(a)Blowing horns. The sounding of any horn or other device
on any automobile, motorcycle, bus, truck, or vehicle while not in motion except
as a danger signal if another vehicle is approaching, apparently out of control,
or if in motion, only as a danger signal after or as brakes are being applied
and deceleration of the vehicle is intended; the creation by means of any such
signal device of any unreasonably loud or harsh sound; and the sounding of such
device for an unnecessary and unreasonable period of time.
(b)Radios, phonographs, etc. The playing of any radio,
phonograph, or any musical instrument or sound device, including but not limited
to loudspeakers or other devices for reproduction or amplification of sound,
either independently of or in connection with motion pictures, radio, or
television, in such a manner or with such volume, particularly during the hours
between 11:00 P.M. and 7:00 A.M., as to annoy or disturb the quiet, comfort, or
repose of persons in any office or hospital, or in any dwelling, hotel, or other
type of residence, or of any person in the vicinity.
(c)Yelling, shouting, etc. Yelling, shouting, whistling,
or singing on the public streets, particularly between the hours of 11:00 P.M.
and 7:00 A.M., or at any time or place so as to annoy or disturb the quiet,
comfort, or repose of any person in any hospital, dwelling, hotel, or other type
of residence, or of any person in the -vicinity.
(d)Pets. The keeping of any animal, bird, or fowl which by
causing frequent or long continued noise shall disturb the comfort or repose of
any person in the -vicinity.
(e)Use of vehicle. The use of any automobile, motorcycle,
truck, or vehicle so out of repair, so loaded, or in such manner as to cause
loud and unnecessary grating, grinding, rattling, or other noise.
(f)Blowing whistles. The blowing of any steam whistle
attached to any stationary boiler, except to give notice of the time to begin or
stop work or as a warning of fire or danger, or upon request of proper town
authorities.
(g)Exhaust discharge. To discharge into the open air the
exhaust of any steam engine, stationary internal combustion engine, motor
vehicle, or boat engine, except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
(h)Building operations. The erection (including
excavation), demolition, alteration, or repair of any building in any
residential area or section or the construction or repair of streets and
highways in any residential area or section, other than between the hours of
7:00 A.M. and 6:00 P.M. on week days, except in case of urgent necessity in the
interest of public health and safety, and then only with a permit from the
building inspector granted for a period while the emergency continues not to
exceed thirty (30) days. If the building inspector should determine that the
public health and safety will not be impaired by the erection, demolition,
alteration, or repair of any building or the excavation of streets and highways
between the hours of 6:00 P.M. and 7:00 A.M., and if he shall further determine
that loss or inconvenience would result to any party in interest through delay,
he may grant permission for such work to be done between the hours of 6:00 P.M.
and 7:00 A.M. upon -application being made at the time the permit for the work
is awarded or during the process of the work.
(i)Noises near schools, hospitals, churches, etc. The
creation of any excessive noise on any street adjacent to any hospital or
adjacent to any school, institution of learning, church, or court while the same
is in session.
(j)Loading and unloading operations. The creation of any
loud and excessive noise in connection with the loading or unloading of any
vehicle or the opening and destruction of bales, boxes, crates, and other
containers.
(k)Noises to attract attention. The use of any drum,
loudspeaker, or other instrument or device emitting noise for the purpose of
attracting attention to any performance, show, or sale or display of
merchandise.

(l)Loudspeakers or amplifiers on vehicles. The use of
mechanical loudspeakers or amplifiers on trucks or other moving or standing
vehicles for advertising or other -purposes.
(2)Exceptions. None of the terms or prohibitions hereof
shall apply to or be enforced against:
(a)Town vehicles. Any vehicle of the town while engaged
upon necessary public business.
(b)Repair of streets, etc. Excavations or repairs of
bridges, streets, or highways at night, by or on behalf of the town, the county,
or the state, when the public welfare and convenience renders it impracticable
to perform such work during the day.
(c)Noncommercial and nonprofit use of loudspeakers or
amplifiers. The reasonable use of amplifiers or loudspeakers in the course of
public addresses which are noncommercial in character and in the course of
advertising functions sponsored by nonprofit organizations. However, no such use
shall be made until a permit therefor is secured from the town council. Hours
for the use of an amplifier or public address system will be designated in the
permit so issued and the use of such systems shall be restricted to the hours so
designated in the permit. (1989 Code, ? 10-502)
CHAPTER 5

INTERFERENCE WITH PUBLIC OPERATIONS AND PERSONNEL

SECTION
11-501. Escape from custody or confinement.
11-502. Impersonating a government officer or employee.
11-503. False emergency alarms.
11-504. Resisting or interfering with town personnel.

11-501. Escape from custody or confinement. It shall be
unlawful for any person under arrest or otherwise in custody of or confined by
the town to escape or attempt to escape, or for any other person to assist or
encourage such person to escape or attempt to escape from such custody or
confinement. (1989 Code, ? 10-601)

11-502. Impersonating a government officer or employee. No
person other than an official police officer of the town shall wear the uniform,
apparel, or badge, or carry any identification card or other insignia of office
like or similar to, or a colorable imitation of that adopted and worn or carried
by the official police officers of the town. Furthermore, no person shall
deceitfully impersonate or represent that he is any government officer or
employee. (1989 Code, ? 10-602)

11-503. False emergency alarms. It shall be unlawful for
any person intentionally to make, turn in, or give a false alarm of fire, or of
need for police or ambulance assistance, or to aid or abet in the commission of
such act. (1989 Code, ? 10-603)

11-504. Resisting or interfering with town personnel. It
shall be unlawful for any person knowingly to resist or in any way interfere
with or attempt to interfere with any officer or employee of the town while such
officer or employee is performing or attempting to perform his municipal duties.
(1989 Code, ? 10-604)

CHAPTER 6

FIREARMS, WEAPONS AND MISSILES

SECTION
11-601. Air rifles, etc.
11-602. Throwing missiles.
11-603. Discharge of firearms.

11-601. Air rifles, etc. It shall be unlawful for any
person in the town to discharge any air gun, air pistol, air rifle,
"BB" gun, or sling shot capable of discharging a bullet or pellet,
made of metal, plastic or any other kind of material, whether propelled by
spring, compressed air, expanding gas, explosive, or other force-producing means
or method. (1989 Code, ? 10-701)

11-602. Throwing missiles. It shall be unlawful for any
person maliciously to throw any stone, snowball, bottle, or any other missile
upon or at any vehicle, building, tree, or other public or private property or
upon or at any person. (1989 Code, ? 10-702)

11-603. Discharge of firearms. It shall be unlawful for
any unauthorized person to discharge a firearm within the corporate limits.
(1989 Code, ? 10-703, modified)
CHAPTER 7

TRESPASSING, MALICIOUS MISCHIEF AND INTERFERENCE
WITH TRAFFIC

SECTION
11-701. Trespassing.
11-702. Malicious mischief.
11-703. Interference with traffic.

11-701. Trespassing. (1) On premises open to the public.
(a) It shall be unlawful for any person to defy a lawful order, personally
communicated to him by the owner or other authorized person, not to enter or
remain upon the premises of another, including premises which are at the time
open to the public.
(b)The owner of the premises, or his authorized agent, may
lawfully order another not to enter or remain upon the premises if such person
is committing, or commits, any act which interferes with, or tends to interfere
with, the normal, orderly, peaceful or efficient conduct of the activities of
such premises.
(2)On premises closed or partially closed to public. It
shall be unlawful for any person to knowingly enter or remain upon the premises
of another which is not open to the public, notwithstanding that another part of
the premises is at the time open to the public.
(3)Vacant buildings. It shall be unlawful for any person
to enter or remain upon the premises of a vacated building after notice against
trespass is personally communicated to him by the owner or other authorized
person or is posted in a conspicuous manner.
(4)Lots and buildings in general. It shall be unlawful for
any person to enter or remain on or in any lot or parcel of land or any building
or other structure after notice against trespass is personally communicated to
him by the owner or other authorized person or is posted in a conspicuous
manner.
(5)Peddlers, etc. It shall also be unlawful and deemed to
be a trespass for any peddler, canvasser, solicitor, transient merchant, or
other person to fail to promptly leave the private premises of any person who
requests or directs him to leave. (1989 Code, ? 10-801)
11-702. Malicious mischief. It shall be unlawful and
deemed to be malicious mischief for any person to willfully, maliciously, or
wantonly damage, deface, destroy, conceal, tamper with, remove, or withhold real
or personal property which does not belong to him. (1989 Code, ? 10-802)

11-703. Interference with traffic. It shall be unlawful
for any person to stand, sit, or engage in any activity whatever on any public
street, sidewalk, bridge, or public ground in such a manner as to prevent,
obstruct, or interfere unreasonably with the free passage of pedestrian or
vehicular traffic thereon. (1989 Code, ? 10-803)
CHAPTER 8

MISCELLANEOUS

SECTION
11-801. Abandoned refrigerators, etc.
11-802. Caves, wells, cisterns, etc.
11-803. Posting notices, etc.

11-801. Abandoned refrigerators, etc. It shall be unlawful
for any person to leave in any place accessible to children any abandoned,
unattended, unused, or discarded refrigerator, icebox, or other container with
any type latching or locking door without first removing therefrom the latch,
lock, or door. (1989 Code, ? 10-901)

11-802. Caves, wells, cisterns, etc. It shall be unlawful
for any person to permit to be maintained on property owned or occupied by him
any cave, well, cistern, or other such opening in the ground which is dangerous
to life and limb without an adequate cover or safeguard. (1989 Code, ? 10-903)

11-803. Posting notices, etc. No person shall fasten, in
any way, any show-card, poster, or other advertising device upon any public or
private property unless legally authorized to do so. (1989 Code, ? 10-902)