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hereby repealed.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
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(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.
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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.