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HomeMy Public PortalAboutOrdinances-1978-79 ORDINANCE NO. /9;7-7f PUBLIC ORDER: AN ORDINANCE PROHIBITING ACTIONS AGAINST THE PUBLIC ORDER .AND PRESCRIBING PENALTIES THEREFOR. , BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF TIFFIN , IOWA: SECTION 1. PURPOSE. The purpose of this ordinance is to regulate personal behavior within the corporate limits of the City of Tiffin and to .,prohibit actions which are against 'public order and prescribing penalties therefor. SECTION 2. DISTURBING THE PEACE. 1. If any person disturbs the peace and quiet of any street, alley, avenue, public ground or any religious or public assembly or building, private or public, or any neighborhood, private family or persons by giving a false alarm of fire, loud or unusual noise , ringing of bells , blowing of horns or other instruments , by indecent, obscene, profane , rude, violent, boisterous , offensive or disorderly language, conversation or conduct, or by threatening, quarreling, assaulting, fighting or 'any other device or means whatever, he shall be guilty of disturbing the peace and subject to the penalties of this ordinance. 2. If. any person shall, within the corporate limits of the City=of Tiffin, knowingly squeal or spin the tires of any motor vehicle under his control , or use a motor vehicle in such a manner and with such intent, to disturb the -peace of any person or persons , he shall be guilty of disturbing the peace, and subject to the penalties of'this• ordinance. 3. If any person operates or drives a motor vehicle within the corporate limits of the City of Tiffin that is not equipped with a muffler in good working order and in -constant operation to prevent excessive or unusual noise and annoying smoke , or use a muffler, cut-out, by-pass or similar device, he shall be guilty of disturbing the peace and subject to the penalties 'of this ordinance. SECTION 4. RESISTING ARREST. It shall be unlawful to attempt to escape or forceablyd'resist when an arrest is being made by an officer under the authority of a warrant or incidental to a crime, after information of the intent to make the arrest. It is further unlawful for anyone' to assist in any attempt to escape or resistance of arrest. C 4 r Public Order Page Two SECTION 5. INTOXICATION. It shall be unlawful for any person to use or consume alcoholic liquors or beer upon any public street within the City and itjshall be unlawful for any person to be intoxicated or simulate intoxication in a public place. SECTION 6. WILLFUL MISCHIEF. It shall be unlawful for any person to maliciously injure, deface or destroy any building or fixture attached thereto, or willfully and maliciously destroy or injure any goods , chattels or valuable papers of another, or maliciously ' throw a brick, stone , billet or wood or other missile at a building or break down , mar, deface or injure any fence , hedge or ditch enclosing lands belonging to another or damage a tree by removal of limbs or other acts which would cause harm to the tree or to drive through ,lawn 'causing damage to sod. SECTION 7. LITTER: It shall be unlawful for any person, to discard garbage,' rubbish or trash, waste or refuse material or other debris onto or in any water or land of the City, except that nothing in this section shall be construed to effect the authorized collection and discarding such substances` in or on areas or receptacles provided for such purposes. When the above substances are discarded from a motor vehicle , the driver of the motor vehicle shall be responsible for the act in any case where doubt exists as to which occupant of the motor vehicle actually discarded the litter. SECTION 8. ASSAULT AND BATTERY. It shall be unlawful for any person to commit assault and/or battery upon any other person within the corporate limits of the City of Tiffin, Iowa. SECTION 9. FIREARMS. It shall be unlawful to discharge rifles , ,shotguns , revolvers , pistol , pellet guns , guns or firearms of any kind within the City Limits , except by authorization of the City Council. I SECTION 10. CURFEW: There shall be a curfew placed upon all persons under the age of eighteen as follows : 1. Curfew for all children under the age of sixteen shall be 10 :00 o'clock P.M. on all nights . - 2. The curfew for all" children between the ages of sixteen and eighteen shall be 12 :00 Midnight on all nights. Public Order Page Three Anyone violating this curfew shall immediately proceed to their home upon being informed of the violation by the city marshall and/or special police and in the event the person violating the curfew, does not comply, the police officer shall have the authority tO escort the violator to his home. Any parent or guardian which does not enforce the curfew against a ward or child which has been brought to the home by the police shall-be in violation of this ordinance. Said period of time for compliance shall be twenty-four hours from the time that the child is returned to the home by the police. SECTION 11., PENALTY. Anyone violating any of the provisions of this ordinance shall upon conviction be subject to imprisonment not exceeding thirty days° .or a fine not exceeding $100 . 00. SECTION 12 . ARREST AND NOTICE TO APPEAR. Whenever a peace officer has reasonable cause to believe a person has violated any provisions of this ordinance , such officer may without arresting the person, prepare in duplicate a written summons to appear in court containing the name and address of such person, the offense charged, the time, when and place where such person shall appear. The original copy of the summons shall be delivered to the violator and the duplicate shall be filed, with the magistrate 's court. SECTION 13. REPEALER. Any- ordinances in conflict With the provisions of this ordinance are hereby repealed. SECTION 14. SAVING CLAUSE., If any section, provision or part- of this ordinance shall be adjudged to be invalid or unconstitutional , such adjudication shall not affect the Validity- of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 15. WHEN EFFECTIVE. This ordinance shall be in effect after its final passage, approval and posting as provided by law. Passed by the Council on the a -� day of 47 _, 1978 , and approved this �1 day of &7 - , 1978. / Public Order ( Page Four Aye Nay Abstain X 'Glenn Potter Jan Stratton .y9 Tom Morga• ( n Ri- ' _ ¶ heridan PD Loaf S 47,?Dbew .o,, N. 77Arnrmk ATTEST: 4, A, i ;lam J1�..,. Beverly ,:ir , her City Clerk f I , Beverly Birtcher, Clerk of the City of Tiffin , Iowa, certify that this is a true and correct copy of an ordinance passed and approved' this — day of 1978. Beverl /Bi cher, City Clerk • 1