A.
All
so-called "garage sales" or other sales involving the offering for
sale of multiple items of personal property on property zoned and
occupied as a residence shall be subject to the following rules and
regulations:
1.
No one shall accept or take in for sale any goods from any commercial
business or enterprise on a consignment basis.
2.
No more than five (5) signs no larger than two (2) feet by three
(3) feet shall be posted advertising the sale within the City. Signs
may be posted one (1) day prior to the sale and must be removed at
the end of the last day of the sale. All signs must have the name
of the applicant, dates of sale and address of the applicant. Self-supporting
signs may be posted on City rights-of-way. Signs may not be posted
on utility poles, street signs, traffic signs or on private property
without permission of the owner.
3.
Not more than four (4) such sales per calendar year shall be held
at the premises if occupied by the same family or any member of such
family.
4.
Any sale conducted pursuant to the provisions hereof shall be confined
to the period between 8:00 A.M. and 8:00 P.M. of any day and shall
not extend in excess of three (3) days.
B.
Reserved.
C.
The
provisions of this Section shall not apply to or affect persons selling
goods pursuant to an order of process of a court of competent jurisdiction
or persons acting in accordance with their powers and duties as public
officials.
A.
A
person commits the offense of theft of cable television service if
he/she:
1.
Knowingly obtains or attempts to obtain cable television service
without paying all lawful compensation to the operator of such service,
by means of artifice, trick, deception or device;
2.
Knowingly assists another person in obtaining or attempting to obtain
cable television service without paying all lawful compensation to
the operator of such service;
3.
Knowingly connects to, tampers with or otherwise interferes with
any cables, wires or other devices used for the distribution of cable
television if the effect of such action is to obtain cable television
without paying all lawful compensation therefor; or
4.
Knowingly sells, uses, manufactures, rents or offers for sale, rental
or use any device, plan or kit designed and intended to obtain cable
television service in violation of this Section.
B.
Any
cable television operator may bring an action to enjoin and restrain
any violation of the provisions of this Section or bring an action
for conversion. In addition to any actual damages, an operator may
be entitled to punitive damages and reasonable attorney fees in any
case in which the court finds that the violation was committed willfully
and for purposes of commercial advantage. In the event of a defendant's
verdict the defendant may be entitled to reasonable attorney fees.
C.
The
existence on the property and in the actual possession of the accused
of any connection wire, or conductor, which is connected in such a
manner as to permit the use of cable television service without the
same being reported for payment to and specifically authorized by
the operator of the cable television service shall be sufficient to
support an inference which the trial court may submit to the trier
of fact, from which the trier of fact may conclude that the accused
has committed the crime of theft of cable television service.
D.
If
a cable television company either:
1.
Provides unsolicited cable television service; or
2.
Fails to change or disconnect cable television service within ten
(10) days after receiving written notice to do so by the customer,
the customer may deem such service to be a gift without any obligation
to the cable television company from ten (10) days after such written
notice is received until the service is changed or disconnected.
E.
Nothing
in this Section shall be construed to render unlawful or prohibit
an individual or other legal entity from owning or operating a video
cassette recorder or devices commonly known as a "satellite receiving
dish" for the purpose of receiving and utilizing satellite-relayed
television signals for his/her own use.
F.
As
used in this Section, the term "cable television service" includes microwave television transmission from a multipoint distribution
service not capable of reception by conventional television receivers
without the use of special equipment.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
A.
There
will be no smoking in any building owned or operated by the City except
in a designated smoking area.
B.
CITY-OWNED OR OPERATED BUILDING
SMOKING
As
used in this Section, the following items mean:
Building owned or operated by the City. This includes any
properties purchased and used for City business subsequent to the
passage of this Section and encompasses offices, hearing rooms, meeting
rooms, conference rooms and all areas in a City building where City
business is conducted.
Possession of lighted smoking materials in any form including
the possession of burning tobacco in the form of a cigarette, cigar,
pipe or other smoking equipment.
C.
The
authority to administer and enforce the provisions of this Section
is vested in the City Administrator or his/her duly authorized representatives.
D.
A
smoking area shall be designated by the City Administrator or his/her
duly authorized representatives in those City-owned or operated buildings
where such can be conducted consistent with the provisions of this
Section. Nothing in this Section shall be construed to require the
designation of smoking areas in any City-owned or operated building.
In no event shall any smoking designated area exceed thirty percent
(30%) of the entire building space. Smoking shall not be designated
in any place where it is otherwise prohibited by other statute, ordinance
or regulation.
E.
The
City Administrator shall cause to be posted prominently "No Smoking"
signs, with letters of not less than one-half (½) inch in height
or the international "No Smoking" symbol consisting of a pictorial
representation of a burning cigarette enclosed in a red circle with
a bar across it, in every place where smoking is prohibited by this
Section. In instances where smoking may be permitted in some areas
within a location, the sign may contain the following wording "EXCEPT
IN DESIGNATED AREAS", which lettering shall not be less than one-half
(½) inch in height.
A.
It
shall be unlawful for any person to equip or operate within the City
any motor vehicle with a communications device tuned or fixed to receive
or transmit messages on any frequency used by the City or have or
use the same in any motor vehicle within the City limits unless such
motor vehicle is being used by the Federal, State, City or County
Government or a person who has a permit for the use of same.
1.
Permits. Any person desiring a permit from the City
to operate a communications device tuned or fixed to receive or transmit
messages on the City frequencies in a motor vehicle inside the City
shall file an application with the Chief of Police in writing stating
the name of the applicant, the license number, engine number, model
and make of the motor vehicle in which it is desired to install such
set and shall furnish a photograph of the applicant. The application
shall also state the reason why it is desired to install said set.
If the Chief of Police finds that the applicant shows a need for the
set and that the set will be used for lawful purposes and that the
public interests will be served by the granting of the application,
he/she shall issue a permit for the installation and use of the set.
An application must be filed and a new permit must be secured for
each year the communications device is to be used.
2.
Permits not transferable. Any permit issued under
the provisions of this Section shall not be transferable to any other
person and the communications device which has been authorized to
be used in a motor vehicle shall not be transferred to any other motor
vehicle than the one described in the application without first obtaining
a permit from the Chief of Police for the removal of said set to the
other vehicle.
3.
Police or fire radio calls. It shall be unlawful
for the operator of any motor vehicle other than City employees in
the line of duty to follow up and respond to or answer calls or to
in any way interfere with City Department officers answering such
calls.
A.
It
shall be unlawful for any person to focus, point or shine a laser
beam device directly or indirectly on another person in such a manner
tending to reasonably anger, alarm, arouse or cause resentment in
that other person.
B.
It
shall be unlawful for any person to use a laser pointer device in
such a manner that the laser beam illuminates a uniformed Police Officer,
a school resource officer, uniformed ambulance worker, uniformed firefighter
or uniformed Animal Control Officer.
C.
For
the purposes of this Section, a "laser pointer" is
any device which emits light amplified by the stimulated emission
of radiation that is visible to the human eye and designed to be used
as a pointer or highlighter to indicate, mark or identify a specific
position or place. For purposes of this Section, any laser used for
medical, educational or legitimate commercial use is not a laser pointer.
