CHAPTER V. PUBLIC OFFENSESCHAPTER V. PUBLIC OFFENSES\Article 2. Miscellaneous Offenses

It shall be unlawful for any person or persons to blast or cause to be blasted within this city, rocks or other material without having the same covered by good sound timbers or sheet metal of enough weight, length and thickness and so placed as effectively to prevent fragments of rock or other material blasted from ascending into the air. Any person or person convicted of violating any of the provisions of this section shall be punished by a fine of not more than $500 or by imprisonment for not less than five days nor more than 60 days or by both such fine and imprisonment.

(Code 2019)

All fire apparatus and equipment is hereby given and granted the exclusive right-of-way over and through all streets, avenues, alleys and public thoroughfares in the city while in route to fires or in response to any alarm, and it shall be unlawful for any person or persons to in any manner obstruct or hinder the apparatus or equipment.

(Code 2019)

It shall be unlawful for any person or persons to drive any vehicle over any fire hose laid on any street, alley or lot. This section shall not apply to any apparatus or vehicle being driven by members of the fire department.

(Code 2019)

It shall be unlawful for any person to place or cause to be placed upon or about any fire hydrant any rubbish, building material, fence or other obstruction of any character, or in any manner obstruct, hinder, or delay the fire department in the performance of its duties in case of fire. Nor shall any person fasten to any fire hydrant any guy rope or brace, nor stand any vehicle within 15 feet of any such hydrant.

(Code 2019)

It shall be unlawful for any person to knowingly make or sound or cause to be made or sounded, or by any other means, any false alarm.

(Code 2019)

Any person or persons who shall take from the city library any book, map, chart, magazine, or other personal property except in conformity with the rules of the library or any person who shall willfully retain any such personal property, having lawfully or unlawfully obtained possession of same, after having been notified by librarian to return the same shall upon conviction thereof be deemed guilty of a misdemeanor and shall be punished by a fine of not more than $500.00 or by imprisonment of not less than one day nor more than 30 days or both such fine and imprisonment.

(Code 2019)

Any person who shall willfully injure or destroy any book, map, chart or magazine or any property of like nature belonging to the city library shall upon conviction thereof be deemed guilty of a violation of this code and shall be punished by a fine of not more than $500.00.

(Code 2019)

It shall be unlawful for any child under the age of 18 years to wander, lounge, loaf, loiter or play in, about or upon any public street, alley, sidewalk, vacant lot, 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 10:30 p.m. and before the hour of 6:00 a.m., unless accompanied by a parent, legal guardian, or other person exercising legal custody of such child: provided, that such prohibition shall not apply to those children under the age of 18 years who are in route by the most direct and accessible route between their homes and authorized places of employment, nor to those who are in route by the most direct and accessible route from a place of employment, authorized entertainment, or authorized place of attendance to their residences: provided further, that the term “authorized” as used in this section shall denote prior authorization by a parent, legal guardian, or other person exercising legal custody.

(Code 2019)

It shall be unlawful for any parent, legal guardian, or other person lawfully entitled to the care, custody and control of any child under the age of 18 years to suffer, permit, or allow any such child to wander, lounge, loaf, loiter or play in, about or upon any public street, alley, sidewalk, vacant lot, public places or other place normally accessible to the general public for public use, after the hour of 10:30 p.m. and before the hour of 6:00 a.m., unless accompanied by a parent, legal guardian, or other person lawfully entitled to the care, custody and control of such child.

(Code 2019)

The governing body, on specific occasions and in response to written request submitted not less than three calendar days prior to the occasion, shall have the authority to suspend by official proclamation published in the official city newspaper, the hour of curlew as stated herein: provided, that no such suspension of curfew shall extend past the hour of 12:00 midnight.

(Code 2019)

Any person violating any of the provisions of 5-208:210 shall, upon conviction thereof, be punished by a fine of not more than $500.00, or by imprisonment not exceeding three months, or by both such fine and imprisonment.

(Code 2019)

(a)   Store - means a place where merchandise is sold or offered to the public for sale at retail;

(b)   Merchandise - means any chattels or any type or description regardless of the value offered for sale in or about a store;

(c)   Merchant - means any owner or proprietor of any store, or any agent, servant or employee of the owner or proprietor.

(Code 2019)

(a)   Shoplifting consist of any one or more of the following acts:

(1)   Willfully taking possession of any merchandise with the intention of converting it without paying for it;

(2)   Willfully concealing any merchandise with the intention of converting it without paying for it;

(3)   Willfully transferring any merchandise from the container in or on which it is displayed to any other container with the intention of depriving the merchant of all or some part of the value of it, or

(4)   Willfully altering any label, price tag or marking upon any merchandise with the intention of depriving the merchant of all or some of the value of it.

(b)   Whoever commits shoplifting when the value of the merchandise shoplifted is not more than $150.00 is guilty of a Class A violation.

(Code 2019)

Any person who willfully conceals merchandise on his or her person or on the person of another or among his or her belongings or the belongings of another or on or outside the premises of the store shall be prima facie presumed to have concealed the merchandise with the intention of converting it without paying for it. If any merchandise is found concealed upon any person or among his or her belongings it shall be prima facie evidence of willful concealment.

(Code 2019)

If any law enforcement officer, special officer or merchant has probable cause for believing that a person has willfully taken possession of any merchandise with the intention of converting it without paying for it, or has willfully concealed merchandise, and that he or she can recover the merchandise by detaining the person or taking him or her into custody, the law enforcement officer, special officer or merchant may, for the purpose of attempting to affect (sic) a recovery of the merchandise, take the person into custody and detain him or her in a reasonable manner for a reasonable time. Such taking into custody or detention shall not subject the officer or merchant to any criminal or civil liability. Any law enforcement officer may arrest without warrant any person he or she has probable cause for believing has committed the crime of shoplifting. Any merchant who causes such an arrest shall not be criminally or civilly liable if he or she has probable cause for believing the person so arrested has committed the crime of shoplifting.

(Code 2019)

Public affray consists of two or more persons voluntarily or by agreement engaging in any fight or using any blows or violence toward each other in an angry or quarrelsome manner in any public place, to the disturbance of others. Whoever commits public affray is guilty of a Class C violation.

(Code 2019)

Any person who shall individually or in association with one or more others:

(a)   Purposely and without authority from the owner, start or cause to be started any motor of any motor vehicle, or

(b)   Purposely and maliciously shall shift or change the starting device or gears of a standing motor vehicle to a position other than that is which they were left by the owner or driver of the motor vehicle; or

(c)   Purposely scratches or damages the chassis, running gear, body, sides, top covering or upholstering of a motor vehicle, the property of another; or

(d)   Purposely destroys any part of a motor vehicle or purposely cuts, mashes, marks or in any other way destroys or damages any part, attachment, fastening or appurtenance of a motor vehicle, without the permission of the owner thereof; or

(e)   Purposely drains or starts the drainage of any radiator or oil tank or gas tank upon a motor vehicle without the permission of the owner thereof; or

(f)   Purposely puts any metallic or other substance or liquid in the radiator, carburetor, oil tank, grease cup, oilers, lamp gas tanks or machinery of the motor vehicle with the intent to injury or damage the same or impede the working of the machinery thereof; or

(g)   Maliciously tightens or loosens any bracket, bolt, wire, nut, screw or other fastening on a motor vehicle; or

(h)   Purposely releases the brake upon a standing motor vehicle with the intent to injure the machine. Whoever injures or tampers with a vehicle shall be guilty of a Class A violation.

(Code 2019)