[Adopted 7-11-1996 by Ord. No. 96-36]
As used in this article, the following terms
shall have the meanings indicated:
Nonhuman, animate being which is endowed with the power of
voluntary motion.
[Added 12-23-1997 by Ord. No. 97-46]
Defacing, damaging or polluting.
[Added 12-23-1997 by Ord. No. 97-46]
A person that acts knowingly with respect to the nature of
his conduct or the attendant circumstances if he is aware that his
conduct is of that nature, or that such circumstances exist or he
is aware of a high probability of their existence. A person acts knowingly
with respect to a result of his conduct if he is aware that he is
practically certain that his conduct will cause such a result. "Knowing,"
"with knowledge" or equivalent terms have the same meaning.
[Added 12-23-1997 by Ord. No. 97-46]
Includes, but is not limited to, meetings of groups for common
participation for religious, political or other endeavors and attendance
at theater, concert or other events.
[Added 12-23-1997 by Ord. No. 97-46]
Affecting or likely to affect persons in a place to which
the public or to a substantial group has access; among the places
included are highways, transport facilities, schools, prisons, apartment
houses, places of business or amusement or any neighborhood.
[Added 12-23-1997 by Ord. No. 97-46]
Any place to which the general public has access and a right
to resort for business, entertainment or other lawful purpose, but
does not necessarily mean a place devoted solely to the uses of the
public. It shall also include the front or immediate area of any store,
shop, restaurant, tavern or other place of business and also public
grounds, areas or parks.
A person acts purposely with respect to the nature of his
conduct or a result thereof if in his conscious object to engage in
conduct of that nature or to cause such a result. A person acts purposely
with respect to attendant circumstances if he is aware of the existence
of such circumstances or he believes or hopes that they exist. "With
purpose," "designed," "with design" or equivalent terms have the same
meaning.
[Added 12-23-1997 by Ord. No. 97-46]
A person acts recklessly with respect to a material element
of an offense when he consciously disregards a substantial or unjustifiable
risk that the material element exists or will result from his conduct.
The risk must be of such a nature and degree that, considering the
nature and purpose of the actor's conduct and the circumstances known
to him, its disregard involves a gross deviation from the standard
of conduct that a reasonable person would observe the actor's situation.
"Recklessness," "with recklessness" or equivalent terms have the same
meaning.
[Added 12-23-1997 by Ord. No. 97-46]
A.Â
It shall be unlawful for any person, alone or in concert
with others, to:
(1)Â
Obstruct any public street, public highway, public
sidewalk or any other public place or building by hindering or impeding
or tending to hinder or impede the free and uninterrupted passage
of vehicles, traffic or pedestrians.
(2)Â
Commit in or upon any public street, public highway,
public sidewalk or any other public place or building any act or thing
which is an obstruction or interference to the free and uninterrupted
use of property or with any business lawfully conducted by anyone
in or upon or facing or fronting on any such public street, public
highway, public sidewalk or any other public place or building, all
of which prevents the free and uninterrupted ingress, egress and regress
therein, thereon and thereto.
B.Â
When any person causes or commits any of the conditions enumerated in Subsection A herein, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of this Article.
C.Â
Any person violating or failing to comply with any
of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of no less than $100 and no more than $1,250,
by imprisonment not to exceed 90 days or by community service of not
more than 90 days or any combination of fine, imprisonment and community
service, as determined in the discretion of the Municipal Court Judge.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
[Amended 3-24-2005 by Ord. No. 2005-13]
D.Â
The violation of any provision of this article shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
[Added 3-24-2005 by Ord. No. 2005-13]
