CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\ARTICLE 2. LOCAL REGULATIONS

It shall be unlawful for any person to make, continue, maintain or cause to be made or continued any excessive, unnecessary, unreasonable or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health peace or safety of others within the city. For the purposes of this section, disturbing the peace shall include, but not be limited to the following:

(a)   To use, operate or permit the use or operation of any electronic device, radio receiving set, television, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for the convenient hearing for the person or persons who are in the room or chamber in which such machine or device is operated and who are voluntary listeners thereto. Neighboring inhabitants shall include persons living within or occupying residential districts of single or multifamily dwellings and shall include areas where multiple unit dwellings and high density residential districts are located.

(b)   To congregate with other persons because of, participate in, or be in any part of gathering of people from which sound emanates of a sufficient volume so as to disturb the peace, quiet or repose of persons residing in any residential area. No person shall visit or remain within any residential dwelling unit or within the vicinity of a residential dwelling unit where such party or gathering of people is taking place except persons who have gone there for the sole purpose of abating said disturbance. A police officer may order all persons present in any group or gathering from which such sound emanates, other than the owners or tenants of the dwelling unit, to immediately disperse in lieu of being charged under this section. Owners or tenants of the dwelling unit shall immediately abate the disturbance and, failing to do so, shall be in violation of this section.

(c)   While operating, driving, or parking in a motor vehicle, to use or operate any electronic device, radio, television, tape player, compact disc player or other device for the producing or reproducing of sound in such a manner that it disturbs the peace, quiet and comfort of persons in the vicinity of the motor vehicle. It shall be a violation of this section if the sound emanating from the electronic device, radio, television, tape player, compact disc player or other device for producing or reproducing sound in or on the motor vehicle is clearly audible from a distance of fifty (50) feet.

(d)   No provision of this section shall be construed to limit or abridge the rights of any person to peacefully assemble and express opinions. It is the purpose of this section to protect individuals from unreasonable intrusions caused by excessive, unnecessary, unreasonable or unusually loud noises.

(e)   Disturbing the peace is punishable by a fine not to exceed one hundred dollars ($100.00).

(Ord. 582; Code 2007)

(a)   It shall be unlawful for any person to use a skateboard, roller skates, coaster or similar device in the following described area of the central business district, to wit: Main Street, between Poplar and Walnut Streets, including sidewalks, curbs, streets, street right-of-way, and driveway entrances and exits.

(b)   Unlawful use of a skateboard is a status offense punishable by a fine not to exceed $100.00.

(Ord. 613, Secs. 1:2; Code 2007)

(a)   Failure to appear is:

(1)   willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days following the date of such forfeiture by one who is charged with an offense or other violation of city ordinance and who has been released on bond for appearance before the municipal court for trial or other proceeding prior to conviction;

(2)   Willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days after conviction of an offense has become final by one who has been released on such bond by the municipal court.

(3)   Any person who is released upon his own recognizance, without surety, or who fails to appear in response to a summons or traffic citation or notice to appear shall be deemed a person released on bond for appearance within the meaning of this section.

(b)   Failure to appear is a Class B violation.

(Ord. 340; Code 2016)

(a)   It shall be unlawful for any person to willfully and knowingly open, damage or remove any parking meter, coin telephone, vending machine dispensing goods, or services, money changer or any other device designed to receive money in the sale, use or enjoyment of property or services or any part thereof, with intent to commit theft.

(b)   Damaging, opening or removing any such coin machine is a Class A violation.

(Ord. 340; Code 2016)

(a)   It shall be unlawful for any person to possess or have under such person's control the substance commonly known as marijuana or any substance which contains any quantity of the hallucinogenic substance known as tetrahydrocannabinol.

(b)   Any person who shall violate this section shall, upon conviction thereof:

(1)   For a first conviction be deemed guilty of a Class B misdemeanor, and be fined a sum not more than one thousand dollars ($1,000.00) or be imprisoned for a period not exceeding six (6) months, or by both such fine and imprisonment;

(2)   For a second conviction be deemed guilty of a Class A misdemeanor, and fined a sum not more than two thousand five hundred dollars ($2,500.00) or be imprisoned for a period not exceeding one (1) year, or by both such fine and imprisonment.

(Ord. 697; Code 2016)

(a)   It shall be unlawful for any person to use or possess with intent to use any drug paraphernalia to store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body.

(b)   Any person who shall violate this section shall, upon conviction thereof, be deemed guilty of a Class A misdemeanor, and be fined a sum not more than two thousand five hundred dollars ($2,500.00) or be imprisoned for a period not exceeding one (1) year, or by both such fine and imprisonment.

(Ord. 698; Code 2016)