Chapter X, Section IV - Offenses Against the Person and Public Order
Sec. 10-4-1 Loitering; activities prohibited; affirmative defense
Sec. 10-4-2 Loitering; soliciting for purchase of drinks
Sec. 10-4-3 Disorderly conduct
Sec. 10-4-4 Harassment
Sec. 10-4-5 Disrupting a lawful assembly
Sec. 10-4-6 Obstructing highways or other public ways
Sec. 10-4-7 Inciting riot
Sec. 10-4-8 Engaging in a riot
Sec. 10-4-9 Disobeying public safety officers during riot conditions
Sec. 10-4-10 Consumption of alcoholic beverages
Sec. 10-4-11 Possession of marijuana and drug paraphernalia
Sec. 10-4-1. Loitering; activities prohibited; affirmative defense.
(a) The word loiter means to be dilatory, to stand idly around, to linger, delay or wander about, or to remain, abide or tarry in a public place.
(b) A person commits the crime of loitering if he or she:
(1) Loiters for the purpose of begging;
(2) Loiters for the purpose of unlawful gambling with cards, dice or other gambling paraphernalia;
(3) Loiters for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual intercourse;
(4) Loiters in or about a school building or grounds, not having any reason or relationship involving custody of, or responsibility for, a pupil or any other specific, legitimate reason for being there, and not having written permission from a school administrator; or
(5) Loiters with one (1) or more persons for the purpose of unlawfully using or possessing a narcotic or dangerous drug.
(c) It shall be an affirmative defense that the defendant's acts were lawful and he or she was exercising his or her rights of lawful assembly as a part of peaceful and orderly petition for the redress of grievances, either in the course of labor disputes or otherwise. (Ord. 380 1984)
Sec. 10-4-2. Loitering; soliciting for purchase of drinks.
(a) It is unlawful for any person to frequent or loiter in any tavern, cabaret or nightclub with the purpose of soliciting persons to purchase drinks.
(b) It is unlawful for the proprietor or operator of any such establishment to allow the presence in such establishment of any persons who violate the provisions of Subsection (a) above. (Ord. 380 1984)
Sec. 10-4-3. Disorderly conduct.
(a) A person commits disorderly conduct if he or she intentionally, knowingly or recklessly:
(1) Abuses or threatens a person in a public place in an obviously offensive manner;
(2) Makes unreasonable noise in a public place or near a private residence that he or she has no right to occupy;
(3) Fights with another in a public place, except in an amateur or professional contest of athletic skill;
(4) Not being a police officer, discharges a firearm in a public place, except when engaged in lawful target practice or hunting; or
(5) Not being a police officer, displays a deadly weapon in a public place in a manner calculated to alarm.
(b) It is an affirmative defense to prosecution under Paragraph (a)(1) above that the actor had significant provocation for his or her abusive or threatening conduct. (Ord. 380 1984)
Sec. 10-4-4. Harassment.
(a) A person commits harassment if, with intent to harass, annoy or alarm another person, he or she:
(1) Strikes, shoves, kicks or otherwise touches a person, or subjects him or her to physical contact;
(2) In a public place, directs obscene language or makes an obscene gesture to or at another person;
(3) Follows a person in or about a public place;
(4) Initiates communication with a person, anonymously or otherwise, by telephone, in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone which is obscene;
(5) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation;
(6) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property; or
(7) Repeatedly insults, taunts, challenges or makes communications in offensively coarse language to another in a manner likely to provoke a violent or disorderly response.
As used in this Section, unless the context otherwise requires, obscene means a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus or excretory functions.
(b) In addition to the circumstances described in Subsection (a) above, a person commits harassment by stalking if directly or indirectly through another person, such person knowingly:
(1) Makes a credible threat to another person and, in connection with such threat, repeatedly follows that person or a member of that person's immediate family; or
(2) Makes a credible threat to another person and, in connection with such threat, repeatedly makes any form of communication with that person or a member of that person's immediate family, whether or not a conversation ensues.
(c) For the purposes of this Section:
Credible threat means a threat that would cause a reasonable person to be in fear for the person's life or safety or the safety of his or her immediate family.
Immediate family includes the person's spouse and the person's parent, grandparent, sibling or child.
In connection with means acts occurring either before, during or after the credible threat.
Repeatedly means on more than one (1) occasion.
(d) Any act prohibited by Paragraphs (a) (4) through (6) above may be deemed to have occurred or to have been committed at the place at which the telephone call was either made or received. (Ord. 380 1984; Ord. 402 §1, 1988; Ord. 455 §1, 1995)
Sec. 10-4-5. Disrupting a lawful assembly.
A person commits the violation of disrupting lawful assembly if, intending to prevent or disrupt any lawful meeting, procession or gathering, he or she significantly obstructs or interferes with the meeting, procession or gathering by physical action, verbal utterance or any other means. (Ord. 380 1984)
Sec. 10-4-6. Obstructing highways or other public ways.
A person commits a violation of this Section if, without legal privilege, he or she intentionally, knowingly or recklessly:
(1) Obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway or hallway to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles or conveyances, whether the obstruction arises from his or her acts alone or from his or her acts and the acts of others; or
(2) Disobeys a reasonable request or order to move, issued by a person he or she knows to be a peace officer, fireman or person with authority to control the use of the premises, to prevent obstruction of a highway or passageway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot or other hazard. (Ord. 380 1984)
Sec. 10-4-7. Inciting riot.
(a) A person commits the violation of inciting riot if he or she:
(1) Incites or urges a group of five (5) or more persons to engage in a current or impending riot; or
(2) Gives commands, instructions or signals to a group of five (5) or more persons in furtherance of a riot.
(b) The term riot, as used in this Section, shall mean the same as is used in Section 10-4-8. (Ord. 380 1984)
Sec. 10-4-8. Engaging in a riot.
(a) A person commits a violation of this Section if he or she engages in a riot.
(b) For purposes of this Section, the term riot means a public disturbance involving an assemblage of five (5) or more persons which, by tumultuous and violent conduct, creates grave danger of damage or injury to property or person, or substantially obstructs the performance of any governmental function. (Ord. 380 1984)
Sec. 10-4-9. Disobeying public safety officers during riot conditions.
A person commits a violation of this Section if, during a riot or when one is impending, he or she intentionally disobeys a reasonable public safety order to move, disperse or refrain from specified activities in the immediate vicinity of the riot. A public safety order is an order designed to prevent or control disorder or promote the safety of persons or property, issued by an authorized member of the police, fire, military or other forces concerned with the riot. No such order shall apply to a news reporter or other person observing or recording the events on behalf of the public press or other news media, unless he or she is physically obstructing efforts by such forces to cope with the riot or impending riot. Inapplicability of the order is an affirmative defense. (Ord. 380 1984)
Sec. 10-4-10. Consumption of alcoholic beverages.
It is unlawful for any person to consume malt or fermented malt (beer), vinous or spirituous liquor in any public place except on any licensed premises permitted under state law to sell such alcoholic beverages by the drink for consumption thereon, and except fermented malt beverages may be consumed in the Town's public parks. (Ord. 418 §1, 1991; Ord. 510 §1, 2003)
Sec. 10-4-11. Possession of marijuana and drug paraphernalia.
(a) It is unlawful for any person to possess any amount of marijuana, and if such person possesses less than eight (8) ounces of marijuana, he or she shall have committed a violation under this provision of this Code.
Marijuana or marihuana means all parts of the plant cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin. It does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, or sterilized seed of the plant which is incapable of germination if these items exist apart from any other item defined as marihuana.
(b) It shall be unlawful to possess drug paraphernalia if a person possesses drug paraphernalia and knows, or reasonably should know, that the drug paraphernalia could be used under circumstances in violation of this Code or the laws of the State.
Drug paraphernalia means all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the laws of the State. (Ord. 459 §1, 1996)
