CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\Article 2. Local Provisions

(a)   Curfew restrictions.

(1)   It shall be unlawful for any child under the age of sixteen (16) years to wander, lounge, loaf, loiter or play in, about or upon any public street, alley, sidewalk, vacant lot, parking lot, park, playground, public place or other place normally accessible to the general public for public use, whether on foot or in a vehicle or by any other means after the hour of 11:00 o’clock p.m. before the hour of 6:00 o’clock a.m.

(2)   It shall be unlawful for any child under the age of eighteen (18) years to wander, lounge, loaf, loiter or play, in about or upon any public street, alley, sidewalk, vacant lot, parking lot, park, playground, public place or other place normally accessible to the general public for public use, whether on foot or in a vehicle or by any other means after the hour of 12:00 o’clock midnight and before the hour of 6:00 o’clock a.m.

(b)   It shall be unlawful for any parent or legal guardian of any child under the age of eighteen (18) years to suffer, permit or allow such child to wander, lounge, loaf, loiter or play in, about or upon any public street, alley, sidewalk, vacant lot, parking lot, park, playground, public place or other place normally accessible to the general public for public use during the hours of curfew applicable to such child in violation of this article.

(c)   Curfew shall not apply to those children who are accompanied by a parent or legal guardian, nor to those who are enroute by the most direct accessible route from an authorized place of employment, authorized place of entertainment, or authorized place of attendance to their residences. The term “authorized” as used in this section shall denote prior authorization by a parent or legal guardian.

(d)   Any persons convicted of violating the provisions of this section shall be deemed guilty of a misdemeanor and be fined an amount not less than $10.00 or more than $100.00.

(Ord. 359; Code 2019)

(a)   Harassment by telephone is use of communication for any of the following reasons:

(1)   Making or transmitting any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy or indecent;

(2)   making a telephone call, whether or not conversation ensues, or transmitting a telefacsimile communication with intent to abuse, threaten or harass any person at the called number;

(3)   making or causing the telephone of another repeatedly to ring, with intent to harass any person at called number;

(4)   making repeated telephone calls, during which conversation ensues, or repeatedly transmitting a telefacsimile communication solely to harass any person at the called number;

(5)   playing any recording on a telephone, except recordings such as weather information or sports information when the number thereof is dialed, unless the person or group playing the recording shall be identified and state that it is a recording; or

(6)   knowingly permitting any telephone or telefacsimile communication machine under one’s control to be used for any of the purposes mentioned herein.

(b)   Every telephone directory published for distribution to members of the general public shall contain a notice setting forth a summary of the provisions of this section. Such notice shall be printed in type which is no smaller than another type on the same page and shall be preceded by the word, “WARNING”.

(c)   Harassment by telephone is a class A nonperson misdemeanor and upon conviction shall be punishable by confinement in the county jail not to exceed one year and/or a fine not to exceed $2,500.00.

(Ord. 494; Code 2019)

(a)   Criminal damage to property is by means other than fire or explosive:

(1)   intentionally injuring, damaging, mutilating, defacing, destroying, or substantially impairing the use of any property in which another has an interest without the consent of such other person; or

(2)   injuring, damaging, mutilating, defacing, destroying, or substantially impairing the use of any property with the intent to injure or defraud an insurer or lienholder.

(b)   Criminal damage to property is a class B nonperson misdemeanor if the property damaged is of the value of less than $500.00 or is of the value of $500 or more and is damaged to the extent of less than $500.00. Conviction of criminal damage to property shall be punishable by confinement in the county jail not to exceed six (6) months and/or a fine not to exceed $1,000.00.

(Ord. 495; Code 2019)

(a)   No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway, whether public or private property, shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of fifty or more feet from the vehicle.

(b)   Definitions.

(1)   Sound amplification system means any radio, tape player, compact disc player, loud speaker, or other electronic device used for the amplification of sound.

(2)   Plainly audible means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of fifty feet or more. Measurement standards shall be by the auditory senses, based on direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot, or driveway, on either public or private property.

(c)   A violation of this section shall be punished by a fine of not less than Fifty Dollars ($50.00) for the first violation, and not less than Seventy-Five Dollars ($75.00) for the second violation, and not less than One Hundred Dollars ($100.00) for the third and subsequent violations.

 (Ord. 512; Code 2019)