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HomeMy Public PortalAboutOrd. 363 - General OffensesORDINANCE NO. 656x3 AN ORDINANCE RELATING TO GENERAL OFFENSES; REPEALING SECTIONS 5-1-12, 5-1-14 AND 5-1-54, OF THE VILLAGE CODE OF McCALL, IDAHO; AMENDING CHAPTER 1 OF TITLE V OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF NEW SECTIONS 5-1-12, 5-1-14 AND 5-1-54 DEFINING DISORDERLY CONDUCT AND MAKING IT UNLAWFUL TO ENGAGE THEREIN, PROHIBITING DRINKING OF ALCOHOLIC LIQUOR OR BEER IN PUBLIC AND CERTAIN PRIVATE PLACES, DEFINING SUCH PLACES, PROHIBITING CARRYING OPEN CONTAINERS OF ALCOHOLIC BEVERAGES OR MIXTURES CONTAINING THE SAME ON PUBLIC STREETS, PARKS, WAYS AND PLACES AND PROVIDING PENALITIES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. That Sections 5-1-12, 5-1-14 and 5-1-54 of the Village Code of McCall, Idaho, be and the same are hereby repealed. Section 2. That Chapter 1 of Title V of the Village Code of McCall, Idaho, is hereby amended by the addition thereto of three new sections, to be known and designated as Sections 5-1-12, 5-1-14 and 5-1-54, to read as follows: 5-1-12: DISORDERLY, CONDUCT: Any person who shall be guilty of any violent, noisy, riotous or disorderly conduct, or who shall use any profane, abusive or obscene language, or in any way commit a breach of the peace, or do anything that shall be offensive to the senses or dangerous to the peace of the inhabitants of the City shall be deemed guilty of a misdemeanor. he: Every person shall:be guilty of disorderly conduct when (A) Solicits anyone to engage in, or engages in, lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view; or (B) Accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms; or (C) Loiters in, about or upon any street, alley or other public way or public place, or in any place open to the public, without lawful business and conducting himself in a lewd, wanton or lascivious manner in speech or behavior; or (D) Has upon his person or in his possession any instrument, tool or other implement for picking locks or pockets or any implement that is usually employed or that reasonably may be inferred to have been designed to be employed in the commission of any felony, mis- demeanor or the violation of any ordinance, and who shall fail to account for the possession of same; or J - (E) Loiters, remains, or wanders upon the streets or from place to place without apparent reason or business and who refuses to ,identify himself and to account for his presence when requested by a police officer so to do, if the surrounding circumstances are such to indicate to a reasonable man that the public safety demands such indentification; or (F) Occupies, lodges or sleeps in any building, struc- ture or place, whether public or private, or any auto- mobile, truck, railroad car or other similar vehicles or equipment without the permission of the owner or person entitled to the possession or in control thereof; or (G) Is found in any public place or in any place open to the public orexposed to public view under the in- fluence of intoxicating liquor or any drug or any sub- stance defined as a poison and regulated as a poison, pursuant to the provisions of Chapter 22, Title 37, Idaho Code, or under the influence of any combination of any intoxicating liquor, drug or substances, in such a condition that he is unable to exercise care for his own safety or the safety of others, or by reason of his being under the influence of intoxicating liquor, or any drug or the influence of any substance as defined and regulated by said Chapter 22 of Title 37, Idaho Code, or under the influence of any combination of any intoxicating liquor, drug or any such substance, interferes with or obstructs the free use of any street, sidewalk or other public way or any place open to the public or exposed to public view; or (H) Loiters, prowls or wanders upon the private property of another, without visible or lawful business with the owner or occupants thereof; or (I) Loiters or remains in or about a school, not having any reason or relationship involving custody of or responsibility for a pupil or student, or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same. A person shall commit a misdemeanor if he loiters, prowls, remains or wanders in a place, at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a police officer, refuses to identify himself or manifestly endeavors or by deliberate furtive action attempts to conceal himself or any object. Unless flight by the actor or other circumstances make it impracticable, a police officer shall, prior to any arrest for an offense under this Section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify` himself and explain his presence and conduct. No person shall be convicted of an offense under this Section if the police officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the police officer at the time, would have dis- pelled the alarm. -2- Any person who commits any of the acts prescribed and defined by subsections (A) through (I) of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding three hundred dollars ($300.00) or by imprisonment for not more than thirty (30) days or by both said fine and imprisonment. 5-1-14: DRINKING IN PUBLIC PLACES: Except where the possession or consumption of alcoholic liquor' or beer is ex- pressly permitted by statute or ordinance, it shall be un- lawful for any person to drink, or be drunk, intoxicated or under the influence of, 'any alcoholic liquor or beer: (A) On any street, alley, or public way; or (B) In any public place, building or structure, or in any place, building or structure open to public use or access, or in any portion of such public place, building or structure, not duly,licen.sed:and authorized to sell alcoholic liquor or beer; or (C) In any public or private parking lot or area open to public use or access; or (D) In or upon 'any public vehicle commonly used for the transportation of passengers; or (E) In or upon a private vehicle located or being driven on any street, alley or public way. Any person who shall violate this section shall be deemed guilty of a misdemeanor. 5-1-54: ALCOHOLIC BEVERAGES ON PUBLIC STREETS: It is hereby declared to be unlawful for any person to carry on his person any opened container, can, bottle or glass containing any alcoholic beverage or mixture containing an alcoholic beverage upon the public streets, ways or any public park or place. Any person convicted of a violation of this Section shall be subject to a fine of not more than one hundred dollars ($100.00) or thirty (30) days imprisonment, or both such fine and imprisonment. Passed and approved this day ATTEST: (p` :City Cle 1978.