OFFENSES AND MISCELLANEOUS PROVISIONS

Sec. 16.1 Interfering with Police

Whenever any arresting officer in this city shall have any person under arrest, it shall be unlawful for any person to approach or stay within thirty (30) yards of such arresting officer, after being warned by him not to do so.

Sec 16.2 Refusal to Disperse

It shall be unlawful for any person at any time or any number of any assembly to refuse to disperse when requested to do so by any officer of the city.

Sec. 16.3 Posse

Whenever an arresting officer may deem it necessary, he may oraly, or in writing, summon to his assistance, in making an arrest or endeavoring to do so any person, except a minor, in the city and the acts of such posse in aid of such officer shall be protected as an official act. It shall be unlawful for any person so summoned to refuse to assist.

Sec. 16.4 Resisting Officer

It shall bee unlawful for any person to knowingly and willfully resist, obstruct, oppose or hinder any law enforcement officer in the lawful discharge of his official duties.

Sec. 16.5 Escaping

It shall be unlawful for any person lawfully arrested by the authority of the city to escape from the arresting officer or break or escape from the jail or city work gang.

Sec. 16.6 Disorderly Conduct

It shall be unlawful for any person to engage in any form of disorderly conduct, defined as conduct mentioned in any one of the following subsections:

1. Any person who uses "fighting words", directed toward any person who becomes outraged and thus creates turmoil.

2. Any person who shall by acts of violence interfere with another person's pursuit of a lawful occupation.

3. Any person who shall congregate with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered by the city police or other lawful authority.

4. Any person who shall act in a violent or tumultuous manner toward another whereby any person is placed in fear of safety or his life, limb, or health.

5. Any person who shall act in a violent or tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed.

Sec. 16.7 Disturbing Meetings

It shall be unlawful for any person to disturb any meeting lawfully assembled in the city, or for any reason remain or loiter in front of any theater, concert hall, ballroom, etc., during any performance therein, after having been directed by any member of the police force to move away therefrom.

Sec. 16.8 Quarreling, Fighting

It shall be unlawful for any person to quarrel, fight, commit mischief or otherwise behave in a disorderly manner, or to aid, assist, or promote same to be done, or to do anything tending to a breach of the peace.

Sec. 16.9 Assembling and Loitering On The Streets

Any person who shall assemble and loiter on the streets in sufficient numbers, or in such a manner as to be an obstruction to free passage on the streets or sidewalks, failing to disperse upon notification of any member of the police, shall, on conviction, be punished as prescribed in 1.8 of the city charter.

Sec. 16.10 Idling in Front of Churches

It shall be unlawful for any person to loiter or remain in front of any church or any other place of public worship during services therein, or to be engaged in smoking, loud talking, or any other disorderly conduct in or near the entrances or vestibule of any church or other place of worship during service.

Sec. 16.11 Defacing or Posting Bills on Buildings

It shall be unlawful for any person to write, paint, or draw or carve, cut letters of any kind or words or devices on or in any way mutilate or deface any church, public building, private house, wall or fence, belonging to another in this city, or to post any bills on the same without the owners consent.

Sec. 16.12 Interfering with Property

It shall be unlawful for any person to interfere with, injure or deface the property of another in this city, whether the same be done in a spirit of mischief or malice.

Sec. 16.13 Parade Permit-Definition

The term "parade" as used in sections 16.14 through 16.7 shall mean the expected assembly of two or more persons, organized or unorganized, who seek to parade upon or along any public street or avenue,whether by vehicle or on foot.

Sec. 16.14 Application

The leader, official officer or a representative for any group of persons consisting of two or more, shall procure a parade permit and application from the chief of police and completely answer all questions printed thereon and file the same with the chief of police at least five (5) days prior to time designated for said parade, and not more that ten (10) days prior thereto.

Sec. 16.15 Issuance or denial; appeal authorized

Within three (3) days following receipt of said application, the chief of police, acting in the best interest of said applicant as well as the public traffic, and safety of the citizens, shall approve to deny a permit. If approved, he shall issue said permit and arrange schedules for adequate police protection of persons and property during said parade. If the permit is denied, applicant may, within three (3) days from date of said denial, file in writing with the city clerk, an appeal, wherein is recited objections to the denial by the chief of police. The governing body shall within five (5) days from the date of filing of said appeal, call a special meeting and hear evidence on the issues raised by the appeal as well as reasons for denial of said application.

Sec. 16.16 Trial of appeal

Said appeal shall be heard and determined as a de novo investigation and ruling shall be entered granting or refusing to grant a permit, all to be determined from said evidence, and the refusal to grant a parade permit shall be final and conclusive.

Sec. 16.17 Parading without

Any group of person, numbering two or more, which attempts to parade upon or use the public streets for assembly or marching, without possessing a valid permit, shall be subject to prosecution and, on conviction of parading without a permit, will be subject to punishment as provided in section 1.8 of the city charter; said prosecution is to apply to each person participating in the violations hereof.

Sec. 16.18 Noises - General

It shall be unlawful for any person to willfully make, continue, or cause to be made or continued and excessive, unnecessary, or unusually loud noise, which disturbs the peace, or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing within the city limits.

Sec. 16.19 Same - Specific

The following acts are declared to be loud, disturbing, and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exhaustive:

1. Motor vehicle horns: The sounding of any horn on any automobile, motorcycle, or other motor vehicle on any street or public place of the city except as a warning signal.

2. Radios, Television Etc, and Similar Devices: The using, operating, or permitting to be played, used, or operated, any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproducing or sound between the hours of 7:00 pm and 8:00 am in such a manner as to disturb the peace, quiet, and comfort or neighboring residents.

3. Loudspeakers and amplifiers: The using or operating of any loudspeaker or sound amplifying device mounded upon any vehicle within the city for the purpose of broadcasting or advertising any information about any business or activity for any other purpose, unless a permit for such sound amplification has obtained from the mayor or chief of police.

4. Construction Equipment and activity: The operating of any equipment or the performing of any outside construction or repair work on buildings, structures, roads, or projects within the city between the hours of 7:00 pm and 7:00 am, unless a permit for such construction or repair work between such hours has been obtained from the mayor or chief of police.

5. Exhausts: That discharging into the open air of the exhaust any internal combustion engine, motorboat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

6. Animals and birds: The keeping of any animal or bird which, by frequent or continuous barking, chirping, or other means of communication, disturbs the comfort or repose of the residents of any residential neighborhood.

7. Vehicle Repair in Residential Areas: The repairing, rebuilding, or testing of any motor vehicle between the hours of 7:00 pm and 7:00 am within any residential area in such a manner as to disturb the peace, quiet, and comfort of the residents of the area.

8. Schools, Courts, Churches, and Hospitals: The creating of any excessive noise on any street adjacent to

any school, institution of learning, church, or court while in the same area are in use, or any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital, or court street.

9. Hawkers and peddlers: The selling by anything by outcry within the residential areas of the city, except at licensed sporting events, parades, fairs, circuses, and other similar, licensed public entertainment events.

10. Drums: The using of any drum or other instrument or device for the purpose of attracting attention by the creation of noise within the city, unless a permit for such use has been obtained from the mayor or chief of police.

Sec. 16.20 Same Exceptions

The following uses and activities shall be exempt from the noise regulations set forth in 16.18 and 16.19:

1. Noises of safety signals and warning devices.

2. Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of an emergency.

3. Noises resulting from emergency work, to be constructed as work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from imminent exposure to danger.

Sec. 16.21 Same - Violations; injunctions

The operation or maintenance of any device, Vehicle, or machinery in violation of any provision of section 14.18 or section 14.19 which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health, or peace of residents of this city shall be deemed, and is declared to be a public nuisance, and may be subject to abatement summarily by restraining order of injunction issued by a court of competent jurisdiction; this remedy to be in addition to being subject to punishment as provided in section 1.8 of the city charter.

Sec.16.22 Profanity, Etc.

It shall be unlawful for any person to use profane, vulgar or obscene language so that it may be heard by any other person, on any sidewalk, street or other public place in the city.

Sec. 16.23 Indecent Dress, Pictures, Etc.

It shall be unlawful for any person to in this city to appear in any place in this city naked, or in an indecent or lewd condition, or to make any indecent or lewd act or behavior, or to exhibit or sell, or offer for sale, any obscene, vulgar or licentious book, picture or painting of any character whatever, or to exhibit, perform in any hall, house or or public place in the city, any indecent, immoral, or lewd play or dance, or to sing to a public audience, any sacrilegious, indecent, vulgar, or lewd song.

Sec. 16.24 Lewd Houses-Frequenting Houses of Ill-Fame

It shall be unlawful for any person to live in or frequent a house of ill-fame.

Sec. 16.25 Same- Maintaining

It shall be unlawful for any person to maintain and keep a lewd house, or place for the practice of fornication or adultery or like crime either by himself or others in this city.

Sec.16.26 Same -Renting

It shall be unlawful for any person, whether owner or agent, to rent, lease or furnish any house or part of any house to any person, known to be a common prostitute or to be used by a person as a house of prostitution in this city.

Sec. 16.27 Same-Abating

Upon complaint being made by any citizen that any house or part of a house in this city is being operated as a lewd house, or assignation house, the chief of police shall forthwith issue a warrant against the occupants of the house, arrest them and carry them before the recorder's court for trial. Should it appear that the complaint is true, the court shall declare such house a nuisance and issue an order directing the chief of police to abate the same by ejecting the occupants therefrom, unless such occupants shall vacate the same within two days. The cost of the proceeding shall be paid by the defendant, or in default thereof such defendant shall be sentenced to work upon the public works of the city for a period not exceeding sixty(60) days. circumstances from which it may be reasonably inferred that such house, or part of a house is inhabited by disorderly persons of immoral character, and notoriously bad fame, shall be sufficient to establish the fact that such house is a lewd or assignation house.

Sec. 16.28 Possession of Gaming Implements

It shall be unlawful for any person of this city to have in his possession or custody any cards,dice or balls or other gaming implements, with the intention then and there to use the dame for betting for money or other thing of value.

Sec. 16. 29 Drawing Concealed Weapons

It shall be unlawful for any person in this city to draw a place of concealment about his person, any pistol, dirk or bowie knife.

Sec. 16.30 Shooting Firearms

It shall be unlawful for any person, other than a law enforcement officer in the discharge of his duties, to fire a gun, pistol or other firearm in the city, except in the defense of person or habitation, without the written consent of the chief of police.

Sec. 16. 31 Slingshot, Air Guns, Etc.

It shall be unlawful for any person to shoot air gun, slingshot, parlor rifle, or rubber rifle in the city, without consent of the chief of police..

Sec. 16.32 Bombing- Possessing or Carrying

It shall be unlawful for any person to have on his premises or carry about on his person, or cause to be about in the city, any dynamite, bomb, infernal machine or other explosive, dangerous to life to limb, while the same is capped, or capped and fused ready for use, without reference to the use it is to be put to.

Sec. 16.33 Same-Firing

It shall be unlawful for any person to have on his premises or carry about on his person, or cause to be about in the city, any dynamite, bomb, infernal machine or other combustible of like character is this, except when done in prosecuting some legitimate work.

Sec. 16.34 Marble and Ball Playing

It shall be unlawful for any person to play marbles or ball on any street in the city, or to engage in any kind of play on any street, to the annoyance of the public.

Sec. 16. 35 Spitting on Sidewalks

It shall be unlawful for any person to spit on any sidewalk in the city.

Sec. 16.35 Distribution of Commercial Matter

1. Limitations: It shall be unlawful for any person to distribute or cause to distribute to the occupant of any house, to place or cause to be placed in any area way or yard, in front of, or along the side of any house, or upon the doorstep thereof, any newspaper, paper, book, magazine,circular, or pamphlet, unless the same has been previously ordered by the occupant of the house.

2.Violation; Penalties: A charge or violation of this section shall be preferred by the city, as for any other unlawful act, and on conviction, the defendant shall be required to pay a fine of not less than fifty dollars($50) , nor more than one hundred dollars ($100) and/or be confined not less than fifteen(15) days nor more than thirty (30) days, in the city jail, all in the direction of the court.

Sec. 16.37 Alcoholic Beverage Possession

The possession of alcoholic beverages or the purchase by a person or persons under the age of 21, when such possession or purchase occurs within the corporate limits of the City, shall be a violation of the municipal ordinance of the city. The punishment for conviction shall be by imprisonment for a period not to exceed thirty days or a fine not to exceed three hundred dollars, or both.

Sec. 16.39 Prowling

It shall be unlawful for any person to be in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for safety of the persons or property in the vicinity.

Sec. 16.40 Giving false Information to Law Enforcement

It shall be unlawful for any person to give a false name, address, or date of birth to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity or birth date.

Sec. 16.41 Criminal Trespass

(a)    A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.

(b)   A person commits the offense of criminal trespass when he or she knowingly and without authority: 

(1)   Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;

(2)    Enters upon the land or premises of another person or into any part of any vehicle railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or

(3)   Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.

Sec.16.46 Use of private Parking Lots

1. Illegal Loitering: It shall be unlawful, and it is hereby declared to be a nuisance, for any person to remain or loiter upon any premises to which the public has access, without the owner’s permission, including, but not limited to, such premises as shopping center parking lots, church parking lots, service station parking lots, private business establishment parking lots, and private individuals driveways, within the city between the hours of 7:00 pm and 7:00 am, each night, where the persons presence upon such premises is unrelated to the normal activity, use or business for which the premises are made available to the public, and when:

a. The owner of the premises has made a dedication of his premises to the city for the limited purpose of enforcement of this article;

b. The owner of the premises has made a written request to the city that the provisions of this section be enforced as to his premises; and

c. The owner of the premises has erected, at his own expense, signs on his premises giving notice to the public in substantially the following form: "No parking or loitering is allowed on these premises between the hours of 7:00 pm and 7:00 am, by order of the Police Department of the City of Emerson".

2. Illegal Parking - Responsibilities of Vehicle Operators, Owners

a. It shall be unlawful, and is hereby declared to be a nuisance, for any person to park and stand any private of commercial vehicle upon any premises to which the public has access, without the owners permission, including, but not limited to, such premises as shopping center parking lots, church parking lots, service station parking lots, private business establishment parking lots, and private individuals driveways, within the city between the hours of 7:00 pm and 7:00 am, each night, where the vehicles presence upon such premises is unrelated to the normal activity, use or business for which the premises are made available to the public, and when:

1. The owner of the premises has made a dedication of his premises to the city for the limited purpose of enforcement of this article;

2. The owner of the premises has made a written request to the city that the provisions of this section be enforced as to his premises; and

3. The owner of the premises has erected, at his own expense, signs on his premises giving notice to the public in substantially the following form: "No parking or loitering is allowed on these premises between the hours of 7:00 pm and 7:00 am, by order of the Police Department of the City of Emerson".

b. It shall be unlawful and it is hereby declared to be a nuisance for any person to allow, permit or suffer any vehicle registered in his name to stand or park on any premises to which the public has access in violation of the provisions of subsection (1) above. Such person shall be equally liable with the operator for such violation.

3. Same - Continuing Violations:

Whenever any vehicle without a driver is found parked or stopped in violation of any of the provisions set out in this section whether or not said vehicle is removed and impounded as provided in section 16.46, the officer finding such vehicle shall take its registration and may take any other information displayed on the vehicle which may identify its user and shall conspicuously affix such vehicle a notice, in writing, for the driver to answer the charge against him at the time and place specified in the notice.

4. Same Continuing Violations

Each day, following the day notice is affixed to the vehicle as prescribed in (3) above, that said vehicle is in violation of 16.46.2.a, that said vehicle is in violation of 16.46 shall constitute a separate violation of section 16.46, and no further notice is required. Each offense shall carry the same punishment on conviction as provided for the first offense.

5. Same - Impoundment of Illegally Parked Vehicles;

Whenever any vehicle shall be found on any premises within the city in violation of 16.46.2.a, such vehicle may be removed and conveyed by any member of the police department by means of towing the same, or otherwise, to a vehicle pound. Immediate recording of the impounding is to be made in the office of the city clerk. Fees for removal, impounding, and storage of vehicles removed for violation of section 16.46.2 may be charged as set and determined by the city manager and the chief of police. The vehicle so impounded under the terms of this section shall not be released until either said fees have been paid in full or good and sufficient bond has been given for said fees as set by the judge of the recorders court. The impounding of vehicles under the provisions of this section shall neither prevent nor preclude prosecution for violation of the penal provisions of this section or any other ordinances relation to traffic.

6. Violations, Penalties:

A charge or violation of this section shall be preferred by the city, as for any other unlawful act, and on conviction, the defendant shall be required to pay a fine of not less than twenty-eight dollars ($28_ nor more than one hundred dollars ($100), and/or (be imprisoned) not less than five (5) days nor more than thirty (30) days in the city jail, all in the discretion of the court.

16.56 Littering

1. Declaration of intent:

It is the intent of the mayor and council, by the provisions of this section, to provide for uniform prohibition throughout the city of any and all littering on public or private property, to curb thereby the desecration of the beauty of the city and harm the health, welfare and safety of its citizens caused by individuals who litter.

2. Definitions:

As used in this article, unless the context clearly requires otherwise, the following words and phrases shall have the following meanings:

a. "Litter" means all sand, gravel, slag, brickbats, rubbish, waste material, tin cans, bottles, refuse, garbage, trash, debris, dead animals or discarded materials of every kind and description.

b. "public or private property" means the right-of-way of any road or highway, any body of water or watercourse, or shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; public or private parking lots; business or commercial properties, sidewalks; and residential or farm properties, timberlands or forest.

3. prohibited acts:

It shall be unlawful for any person or persons to dump, deposit, throw or leave, or to cause or permit the dumping, depositing, placing, throwing or leaving of any litter on any public or private property in this city, or any waters in this city, unless:

a. Such property is designated by the city for the disposal of such litter, and such person is authorized by the proper public official to use such property;

b. Such litter is placed into a litter receptacle or container installed on such property;

c. Such person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession, or the act is done under the personal direction of said owner or tenant, or in a manner consistent with the public welfare.

4. Prima Facie Evidence of Article Violation:

Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane or other conveyance in violation of this section, it shall be prima facie evidence that the operator of said conveyance shall have violated this section.

5. Violations, Penalties; Continuing Violations:

A charge of violation of this article shall be preferred by the city, as for any other unlawful act, and on conviction thereof, shall be punished as follows:

a. By a fine of not less than twenty-five dollars ($25) and not more than one hundred dollars($100); or

b. In the sound discretion of the recorder's of the court in which conviction is obtained, any such person may be directed to pick up and remove from any public street or highway or public right-of-way, for a distance not to exceed one mile, any litter he has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or

c. In the sound discretion of the judge of the recorder's court in which conviction is obtained, any such person may be directed to pick up and remove, from any public beach, public park, private right-of-way or, with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that he has deposited litter, any and all litter deposited thereon by anyone prior to the date of the execution of sentence.

The court may publish the names of persons convicted of violating the provisions of this section.

A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.