§ 132.01 DISTURBING THE PEACE.

(A) It is unlawful to disturb or alarm the peace of another or others by doing any of the acts set out in division (B) below.

(B) DISTURBING THE PEACE is the doing of any of the following in such a manner as would foreseeably alarm or disturb the peace of another or others:

(1) Using obscene, offensive, abusive, profane, vulgar, threatening, violent, or insulting language or conduct;

(2) Appearing in an intoxicated condition;

(3) Engaging in a fistic encounter;

(4) Lewdly exposing one’s person, or private parts thereof, in any public place or in any place where there are present other persons to be offended or annoyed thereby;

(5) Pointing any pistol or any other deadly weapon whether loaded or not at any other person or persons either in anger or otherwise;

(6) Holding an unlawful assembly of three or more persons with intent or with means and preparations to do an unlawful act which would be riot if actually committed, but do not act toward the commission thereof, or whenever such persons assemble without authority of law, and in such a manner as is adapted to disturb the public peace, or excite public alarm;

(7) Interrupting any lawful assembly of people by making noise, by rude, indecent, or improper behavior, by profane, improper, or loud language, or in any other manner, either within the place of assembly or within hearing distance thereof;

(8) Making unnecessarily loud, offensive noises;

(9) Disturbing any congregation or assembly of persons meeting for religious worship by making noise, by rude, indecent, or improper behavior, by profane, improper, or loud language, or in any other manner, either within the place of worship or within hearing distance thereof;

(10) Obstructing the free passage of pedestrians or vehicles on a street, right-of-way, or sidewalk, or other public place;

(11) Obstructing, molesting, or interfering with any person lawfully in a public place;

(12) The sounding of a horn or signal device on any vehicle, except as a danger signal;

(13) The playing of any radio, phonograph, or any musical instrument in any manner or in such volume, particularly during the hours between 9:00 p.m. and 7:00 a.m., so as to annoy or disturb the quiet, comfort, or repose of any person in any dwelling, hotel, or other type of residence;

(14) The use of an engine brake (also know as “jake brake”) during the hours between 9:00 p.m. and 7:00 a.m. on roadways in the town, except this shall not apply to interstates or United States highways running through the town;

(15) The discharge of the exhaust of any internal combustion engine or motor vehicle, except through a muffler or other device which effectively prevents loud or explosive noises therefrom, particularly during the hours between 9:00 p.m. and 7:00 a.m.;

(16) The use of any mechanical devices operated by compressed air, unless same is effectively muffled and reduced, particularly during the hours between 9:00 p.m. and 7:00 a.m.;

(17) The allowing of habitual howling, yelping, barking, or other annoyance by the owner, keeper, or possessor of any dog or animal; and/or

(18) Committing any other act in such a manner calculated as to unreasonably disturb, interfere with, or alarm the public or the comfort and repose of any person.

(C) Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing any of the conditions enumerated in division (B) above, said police officer may, if he or she deems it necessary for the preservation of the public peace and safety, order that the person leave that place; and anyone who shall refuse to leave after being ordered to do so, or who should leave after doing so and return, shall be guilty of a violation of this section.

(Prior Code, § 10-301)

§ 132.02 INSULTING SIGNS, LITERATURE, OR LANGUAGE.

(A) It is unlawful for any person, firm, or corporation within the town to display any sign, emblem, badge, flag, or device, which in its common acceptance is insulting, profane, or abusive to the citizens of the town, and which is calculated, or of which the natural consequence is, to cause a breach of the peace or an assault.

(B) It is unlawful for any person to willfully use, utter, publish, circulate, or distribute any profane, violent, abusive, or insulting language or literature where:

(1) A natural consequence of the language or literature is to cause a breach of the peace or an assault; or

(2) The language or literature, in its common acceptance, is calculated to cause a breach of the peace or an assault.

(Prior Code, § 10-302) Penalty, see § 132.99

§ 132.03 FIREWORKS REGULATED.

(A) For the purpose of this section, FIREWORKS shall have the meaning prescribed by state law, 68 O.S. § 1622, as same may be replaced, renumbered, or amended from time to time.

(B) It is unlawful to sell, display, or offer to sell, fireworks within the town, unless a valid permit allowing same is obtained from the town.

(C) (1) Except for the days of July 3, July 4, July 5, December 31, January 1, and January 2 of each year, and except as provided in division (D) below, it is unlawful to shoot, set off, or discharge fireworks within the town.

(2) (a) Provided further, however, the Mayor may issue an executive order adding two additional days for the Fourth of July holiday, and two additional days for the New Year’s holiday, should the Mayor, in his or her sole judgment, deem such extension reasonable.

(b) Such executive order shall be posted at the Town Hall at least 24 hours before such extension becomes effective.

(D) The provisions of this section shall not be construed to prohibit the presentation of public displays of fireworks by responsible persons or organizations who have first obtained permission from the Town Board or its designee for the presentation of such displays, and upon the obtaining of a permit.

(E) All persons who have shot, set off, or discharged fireworks shall clean up any and all corresponding trash and debris within 48 hours of having shot, set off, or discharged any fireworks, and failure to do so shall be a violation of this section.

(Prior Code, § 10-303) Penalty, see § 132.99

§ 132.04 STORING OR KEEPING EXPLOSIVES.

It is unlawful for any person to store or keep within the town any nitroglycerin, dynamite, gunpowder, blasting agent, or explosive of any kind without having first complied with the laws of the state for the purpose of selling, storing, or keeping such items.

(Prior Code, § 10-304) Penalty, see § 132.99

§ 132.05 CARRYING WEAPONS; EXCEPTIONS.

(A) It shall be unlawful for any person, including a person in possession of a valid handgun license issued pursuant to the provisions of the State Self-Defense Act, to carry any concealed or unconcealed handgun into any of the following places:

(1) Any structure, building, or office space which is owned or leased by a city, town, county, state, or federal governmental authority for the purpose of conducting business with the public;

(2) Any place where gambling is authorized by law, unless allowed by the property owner; and

(3) Any other place specifically prohibited by law.

(B) For purposes of division (A) above, the PROHIBITED PLACE does not include and specifically excludes the following property:

(1) Any property set aside for the use or parking of any vehicle, whether attended or unattended, by a city, town, county, state, or federal governmental authority;

(2) Any property set aside for the use or parking of any vehicle, whether attended or unattended, which is open to the public, or by any entity engaged in gambling authorized by law;

(3) Any property adjacent to a structure, building, or office space in which concealed or unconcealed weapons are prohibited by the provisions of this section; and

(4) Any property designated by a city, town, county, or state governmental authority as a park, recreational area, wildlife refuge, wildlife management area, or fairgrounds; provided, nothing in this division (B) shall be construed to authorize any entry by a person in possession of a concealed or unconcealed firearm into any structure, building, or office space which is specifically prohibited by the provisions of division (A) above.

(C) The provisions of this section shall not apply to the following:

(1) Any peace officer or any person authorized by law to carry a firearm in the course of employment.

(2) District Judges, associate District Judges, and Special District Judges, who are in possession of a valid handgun license issued pursuant to the provisions of the State Self-Defense Act and whose names appear on a list maintained by the Administrative Director of the Courts, when acting in the course and scope of employment within the courthouses of the state;

(3) Private investigators with a firearms authorization when acting in the course and scope of employment;

(4) Elected officials of a county, who are in possession of a valid handgun license issued pursuant to the provisions of the State Self-Defense Act, may carry a concealed handgun when acting in the performance of their duties within the Courthouses of the county in which he or she was elected. The provisions of this division (C)(4) shall not allow the elected county official to carry the handgun into a Courtroom;

(5) The Sheriff of any county may authorize certain employees of the county, who possess a valid handgun license issued pursuant to the provisions of the State Self-Defense Act, to carry a concealed handgun when acting in the course and scope of employment within the Courthouses in the county in which the person is employed. Nothing in the State Self-Defense Act shall prohibit the Sheriff from requiring additional instruction or training before receiving authorization to carry a concealed handgun within the Courthouse. The provisions of this division (C)(5) and of division (C)(6) below shall not allow the county employee to carry the handgun into a courtroom, Sheriff’s office, adult or juvenile jail, or any other prisoner detention area; and

(6) The Board of County Commissioners of any county may authorize certain employees of the county, who possess a valid handgun license issued pursuant to the provisions of the State Self-Defense Act, to carry a concealed handgun when acting in the course and scope of employment on county annex facilities or grounds surrounding the County Courthouse.

(D) For the purposes of this section, MOTOR VEHICLE means any automobile, truck, minivan, sports utility vehicle, or motorcycle as defined in 47 O.S. § 1-135, equipped with a locked accessory container within or affixed to the motorcycle.

(Ord. 2020-02, passed 6-9-2020)

§ 132.06 RECKLESS CONDUCT.

It is unlawful for any person to engage in reckless conduct by committing such actions that create a situation of unreasonable risk and conscious disregard for injury or damage to persons or property.

(Ord. 2013-03, passed 12-10-2013) Penalty, see § 132.99

§ 132.07 DISCHARGING FIREARMS AND OTHER WEAPONS; EXCEPTIONS.

(A) It is unlawful and a violation of this section for any person to discharge any species of firearm (the term FIREARMS in this sentence specifically excluding airguns) on property contained within a subdivision or on tracts of less than five acres in the town, except when doing so in the line of duty, or when lawfully doing so in defense of oneself of another person or of property.

(B) (1) With respect to unplatted property of five acres or more, every person who willfully discharges any pistol, rifle, shotgun, airgun, or other weapon, or throws any other missile in any public place, or in any place where there is any person to be endangered thereby, although no injury to any person shall ensue, is guilty of a violation of this section.

(2) It shall not be unlawful to discharge “blank” or “non-projectile” ammunition where conditions are safe to do so for sporting events, practice for sporting events, mounted shooting displays, plays, or exhibitions; provided, the discharge of such “blank” or “non-projectile” ammunition shall not occur during the hours from 10:00 p.m. through 7:00 a.m. without first obtaining a permit from the town.

(Prior Code, § 10-307) Penalty, see § 132.99

§ 132.08 LOUD NOISE OR MUSIC PROHIBITED; AMPLIFIED SOUND.

In addition to § 132.01, it is unlawful for any person to disturb the peace and quietude of any part of the town by operating, having operated, or permitting to be operated, any contrivance, whether electric or not, any motor vehicle, or any other device, with or without a loud speaker, in such a manner as to emit loud music, noise, or words. However, this section shall not prohibit religious bodies from playing chimes, bells, carillons, or other religious music.

(Prior Code, § 10-308) Penalty, see § 132.99

§ 132.09 NUISANCE.

It is unlawful and an offense for any person to permit, maintain, aid, abet, or sanction a nuisance on or about any premises owned by him or her or under his or her control at any place within the corporate limits of the town.

(Prior Code, § 10-309) Penalty, see § 132.99

§ 132.10 VIOLATION OF BURN BAN; THROWING FIRE HAZARDS FROM MOTOR VEHICLE.

When the Governor of the state, the Board of County Commissioners, or other authority as allowed by state law issues a burn ban that includes all or part of the municipal limits of the town, it shall be unlawful and a violation of this section to burn in any manner contrary to any such burn ban.

(Prior Code, § 10-310) Penalty, see § 132.99

§ 132.25 PUBLIC INTOXICATION AND DRINKING PROHIBITED.

(A) (1) It is unlawful for any person to be drunk or intoxicated and to disturb the peace of any person in any public or private road, or in any passenger coach, streetcar, or any public place or building, or at any public gathering.

(2) An intoxicated person in a public place who appears to be in need of help, if the person consents to the offered help, may be assisted to his or her home, an alternative facility pursuant to the provisions of the State Alcohol and Drug Abuse Services Act, or to an approved treatment facility by a police officer.

(3) A person who appears to be intoxicated, and as a result of such intoxication is unconscious in a public place or reasonably appears to be in danger of harming himself or herself or others, may be taken into protective custody by a peace officer and immediately brought to an approved treatment facility for medical or nonmedical detoxification.

(B) It is unlawful for any person to drink or otherwise consume any intoxicating substance, or intoxicating compound of any kind, or inhale glue, paint, or other intoxicating substance, and to disturb the peace of any person in any public place, or in or upon any passenger coach, streetcar, or in or upon any other vehicle commonly used for the transportation of passengers, or in or about any depot, platform, waiting station, or room unless authorized by the State Alcoholic Beverage Control Act.

(C) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CONTROLLED DANGEROUS SUBSTANCE. Any drug, substance, or immediate precursor, other than marijuana, included in Schedule I, II, III, IV, or V of the Uniform Controlled Dangerous Substances Act (63 O.S. §§ 2-101 et seq.), including, but not limited to:

(a) Hallucinogenic substances, including mescaline, psilocybin, and various types of methoxyamphetamines;

(b) Stimulants such as amphetamines and methamphetamines; and/or

(c) Barbiturates and other depressants such as amobarbital, secobarbital, pentobarbital, phenobarbital, methaqualone, phencyclidine, and diazepam.

DRUG PARAPHERNALIA. Any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this subchapter. It includes, but is not limited to, items intended or designed for use in ingesting, inhaling, or otherwise introducing cocaine, PCP, methamphetamine, or amphetamines into the human body, such as:

(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(b) Water pipes;

(c) Carburetion tubes and devices;

(d) Smoking and carburetion masks;

(e) Roach clips;

(f) Miniature spoons with level capacities of one-tenth cubic centimeter or less;

(g) Chamber pipes;

(h) Carburetor pipes;

(i) Electric pipes;

(j) Air-driven pipes;

(k) Chillums;

(l) Bongs;

(m) Ice pipes or chillers;

(n) Wired cigarette papers; or

(o) Cocaine freebase kits.

MARIJUANA. All parts of the plant Cannabis Sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin. This definition shall not include the mature stalks of such plant; fiber produced from such stalks; oil, cake made from the seeds of such plant, or any other compound, manufacture, sale, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.

PRACTITIONER.

(a) A physician, dentist, podiatrist, veterinarian, scientific investigator, or other person who is authorized by state or federal law to distribute, dispense, conduct research with respect to, use for scientific purposes, or administer a controlled dangerous substance in the course of professional practice or research in the state; or

(b) A pharmacy, hospital, laboratory, or other institution authorized by state or federal law to distribute, dispense, or conduct research with respect to use for scientific purposes or administer marijuana or a controlled dangerous substance in the course of a registered professional practice or research in the state.

SIMULATED CONTROLLED DANGEROUS SUBSTANCE. Any substance which is not a controlled substance nor marijuana, but which identifies itself by using a common name or slang term associated with marijuana or with substances identified as a controlled dangerous substance, or which indicates on its label or accompanying promotional material or concerning which it is represented that the product simulates the effect of a substance, or which by appearance, making, or packaging would lead a reasonable person to believe the substance was marijuana or a controlled substance.

(D) (1) It shall be unlawful for any person to knowingly or intentionally possess any controlled dangerous substance or simulated controlled dangerous substance, other than marijuana, unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his or her professional practice.

(2) A person in possession of a state-issued medical marijuana license shall be able to legally possess up to three ounces of marijuana on their person, six mature marijuana plants, six seedling plants, one ounce of concentrated marijuana, 72 ounces of edible marijuana, and eight ounces of marijuana in their residence. It shall be unlawful for any person to knowingly or intentionally possess marijuana without a state-issued medical marijuana license or to possess marijuana in excess of the limits prescribed in this division (D)(2) unless authorized by the state statutes.

(3) Any law enforcement officer who comes into contact with a person in violation of this section and who is satisfied as to the identity of the person, as well as any other pertinent information the law enforcement officer deems necessary, shall issue to the person a written citation containing a notice to answer the charge in the Town Municipal Court. Upon receiving the written promise of the alleged violator to answer as specified in the citation, the law enforcement officer shall release the person upon personal recognizance unless there has been a violation of another provision of law.

(E) (1) No person shall use or possess drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance, other than medical marijuana, in violation of the Uniform Controlled Dangerous Substances Act, 63 O.S. §§ 2-101 et seq.

(2) No person shall deliver, sell, possess, or manufacture drug paraphernalia knowing, or under circumstances where one reasonably should know, it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance, other than medical marijuana, in violation of the Uniform Controlled Dangerous Substances Act, 63 O.S. §§ 2-101 et seq.

(3) Divisions (E)(1) and (E)(2) above shall not be applicable to practitioners to the extent such paraphernalia is used as a part of their lawful practice of the profession.

(4) Division (E)(1) above shall not be applicable to the possession of paraphernalia by persons involved in the medical or veterinary equipment supply business, where such possession is a necessary and appropriate part of servicing lawful medical or veterinary practitioners.

(5) In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, in the following may be considered:

(a) Instructions, oral or written, provided with the item concerning its use;

(b) Descriptive materials accompanying the item which explain or depict its use;

(c) National and local advertising concerning its use;

(d) The manner in which the item is displayed for sale;

(e) Whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

(f) Direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise;

(g) The existence and scope of legitimate uses of the item in the community; and

(h) Expert testimony concerning its use.

(6) Any device used for the consumption of medical marijuana shall be considered legal to be sold, manufactured, distributed, and possessed.

(Prior Code, § 10-401) (Ord. 1160, passed 2-18-2020) Penalty, see § 132.99

§ 132.26 POSSESSION, TRANSPORTATION OF INTOXICATING AND NON-INTOXICATING BEVERAGES.

(A) It is unlawful for any person under the age of 21 years to be in possession of any intoxicating or non-intoxicating alcoholic beverage while such person is upon any public street, road, or highway or in any public place within the town limits.

(B) It is unlawful for any parent or guardian of a person under the age of 21 years to permit such person to be in possession of an intoxicating alcoholic beverage, except for minor quantities (under one ounce) for religious purposes.

(C) It is unlawful for any person to knowingly transport in any moving vehicle upon a public highway, street, or alley any intoxicating or non-intoxicating beverage except in the original container which shall not have been opened and from which the original cap or seal shall not have been removed unless the opened container be in the rear trunk or rear compartment. The REAR TRUNK OR COMPARTMENT shall include the spare tire compartment in a station wagon or panel truck or any outside compartment which is not accessible to the driver or any other person in the vehicle while it is in motion.

(D) For the purpose of this section INTOXICATING BEVERAGE and NON-INTOXICATING BEVERAGE shall be as defined in 37A O.S. § 163.1, as the same may be replaced, renumbered, or amended from time to time.

(Prior Code, § 10-402)

§ 132.27 INTOXICATING LIQUORS.

It is unlawful:

(A) For any person to barter, sell, give away, or otherwise furnish to another any intoxicating or non-intoxicating liquor or beverage of any kind except as permitted by law;

(B) To have in possession or under control any intoxicating or non-intoxicating liquor or beverage except as permitted by law, or to transport or in any manner convey from place to place in the town any intoxicating or non-intoxicating liquor or beverage except as permitted by law;

(C) To loiter in a place where intoxicating or non-intoxicating liquor is sold, bartered, given away, or otherwise furnished contrary to law; or

(D) To keep, maintain, aid, or abet in keeping or maintaining a place where intoxicating or non-intoxicating liquor is sold, bartered, given away, or otherwise furnished in violation of law.

(Prior Code, § 10-403) Penalty, see § 132.99

§ 132.28 PROSTITUTION.

(A) It is unlawful for any person to:

(1) Be a prostitute;

(2) Solicit, entice, or procure another to commit or engage in any act of prostitution;

(3) Engage in any act of prostitution;

(4) Knowingly let premises for purposes of prostitution;

(5) Conduct a business or premises for prostitution; or

(6) Be a party to an act of prostitution or solicitation of prostitution in the limits of town.

(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

LETTING PREMISES FOR PROSTITUTION. The granting of the right of use or the leasing of any premises, knowing that they are to be used for the practice of prostitution, or allowing the continued use of the premises with that knowledge.

PROSTITUTION. The giving of the body for sexual intercourse, filatio, cunnilingus, or sodomy for hire or money.

SOLICITING FOR PROSTITUTES. The soliciting, inviting, inducing, directing, or transporting of a person to any place with the intention of promoting prostitution.

(Prior Code, § 10-405)

§ 132.29 DISORDERLY CONDUCT.

A DISORDERLY HOUSE means any structure or vehicle by which the peace, comfort, health, welfare, or decency of the public is disturbed by reason of the people therein committing or resorting to any of the following acts:

(A) The sale, distribution, possession, or use of any controlled dangerous substance, the sale, distribution, possession, or use of which is declared unlawful by state statute;

(B) The violation of any of the ordinances of the town or statutes of the state regulating the sale, distribution, possession, or use of alcoholic beverages or non-intoxicating beverages;

(C) The performance of any sexual act declared unlawful by state statute or town ordinance including, but not limited to, soliciting for purposes of prostitution; or

(D) The violation of any state statute or town ordinance prohibiting gambling.

(Prior Code, § 10-406)

§ 132.30 DISORDERLY HOUSE.

(A) (1) No person shall keep or maintain, or aid, abet, or assist in keeping and maintaining a disorderly house.

(2) No owner, lessee, lessor, or other person, partnership, or corporation having control over any house, building, structure, tent, vehicle, mobile home, or recreational vehicle shall knowingly use, lease, sub-lease or otherwise permit the use of same for the purpose of keeping therein any disorderly house, and knowing or ascertaining that such house, building, structure, tent, vehicle, mobile home, or recreational vehicle is so occupied as a disorderly house, no persons, partnership, or corporation shall continue to grant permission to so use such premises as a disorderly house.

(Prior Code, § 10-407)

(B) No person shall knowingly reside in, enter into, or remain in a disorderly house. In any prosecution for violation of this section, the town shall have the burden to prove such knowledge by direct evidence only and not by circumstantial evidence. This section shall not apply to physicians, emergency medical technicians (“EMTs”), firefighters, town police officers, or other law enforcement personnel in the discharge of their professional or official duties.

(Prior Code, § 10-408) Penalty, see § 132.99

§ 132.31 NUDITY; IMPROPER DRESS; INDECENT EXPOSURE.

(A) It is unlawful for any person to:

(1) Appear in any public place in the town in a state of nudity;

(2) Appear in any public place in the town in any offensive, indecent, or lewd dress; and/or

(3) Make an indecent public exposure of his or her person.

(B) It is unlawful for any person to procure, counsel, or assist any person to commit any of the acts in division (A) above.

(Prior Code, § 10-409) Penalty, see § 132.99

§ 132.32 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AVAILABLE TO THE PUBLIC. The matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement, or for a separate fee for each item or performance.

DISSEMINATE. To transfer possession of, with or without consideration.

KNOWINGLY. Being aware of the character and the content of the material. MATERIAL. Any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, or machines.

NUDITY. The showing of the human male or female genitals or pubic area with less than a fully opaque covering, or the depiction of covered male genitals in a discernible turgid state.

OBSCENE. To the average person applying contemporary community standards:

(1) The predominant appeal of the matter taken as a whole, is to prurient interest; for example, shameful or morbid interest in sexual conduct, nudity, or excretion;

(2) The matter depicts or describes in a patently offensive manner of sexual conduct regulated by 21 O.S.; and

(3) The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

PERFORMANCE. Any preview, play, show, skit, film, dance, or other exhibition performed before an audience.

PERSON. Any individual, partnership, firm, association, corporation, or other legal entity.

PROMOTE. To cause, permit, procure, counsel, or assist.

SERVICE TO PATRONS. The provision of services to paying guests in establishments providing food and beverages; including, but not limited to, hosting, hat checking, cooking, bar tending, serving, table setting and clearing, waiter and waitressing, and entertaining.

(Prior Code, § 10-410)

§ 132.33 PROHIBITED OBSCENE CONDUCT.

(A) It is unlawful for any person to:

(1) Knowingly disseminate, sell, offer for sale, publish, display, distribute, make available to the public, or buy any obscene material;

(2) Knowingly engage in commerce for commercial gain with materials depicting and describing explicit sexual conduct, nudity, or exhibition utilizing displays, circulars, advertisements, and other public sales efforts that promote such commerce primarily on the basis of his or her prurient appeal;

(3) Knowingly engage or participate in any obscene performance made available to the public; or

(4) Provide service to patrons in such a manner as to expose to public view:

(a) His or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region;

(b) Any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region;

(c) Any portion of the female breast at or below the areola thereof; or

(d) Knowingly promote the commission of any of the above listed unlawful acts.

(B) (1) Each complete or partial display or other material exhibition of any motion picture film or other material shall be deemed to constitute a separate offense.

(2) The provisions of §§ 132.32 and 132.33 shall not apply to a projectionist, assistant projectionist, usher or cashier provided such person has no financial interest in the motion picture theatre so long as that person is not acting as director or manager of the theatre.

(Prior Code, § 10-411) Penalty, see § 132.99

§ 132.34 VAGRANCY DEFINED FOR SPECIFIC ACTS, OFFENSES.

It is unlawful to be a vagrant in the limits of the town. For the purposes of this section, a VAGRANT means any person who loiters or remains in or wanders about a public or private place for any of the following purposes:

(A) For the purpose of gambling with cards, dice or other gambling paraphernalia;

(B) For the purpose of engaging in prostitution or soliciting prostitution or soliciting for an act of lewdness;

(C) For the purpose of engaging in theft, or breaking and entering any building, property, or automobile of another;

(D) For the purpose of injuring, destroying, molesting, or defacing any property of another;

(E) For the purpose of assaulting any person;

(F) For the purpose of begging or soliciting alms, provided that this section shall not apply to persons soliciting alms for bona fide religious, charitable, or eleemosynary organizations with the authorization of such organizations; or

(G) For the purpose of selling, purchasing, trading, or otherwise exchanging, procuring, or making available illegal drugs or contraband.

(Prior Code, § 10-412) Penalty, see § 132.99

§ 132.35 CURFEW FOR MINORS.

(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CUSTODIAN. Any person over the age of 21 years who is in loco parent to a minor.

GUARDIAN. Any person other than a parent who has legal guardianship of a minor.

MINOR. Any person under the age of 18 years.

PARENT. The natural or adoptive parent of a minor.

PUBLIC PLACE. Any street, alley, highway, sidewalk, park, playground, or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A PUBLIC PLACE shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, café, theater, drug store, pool room, shopping center, and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.

(B) It is unlawful for any minor under age 16 during and between the hours of 10:00 p.m. and 5:00 a.m., and it is unlawful for any minor ages 16 to 18 during and between the hours of 12:00 a.m. and 5:00 a.m., to walk, wander, ride a bicycle, skateboard, play, or otherwise remain in person in any public place, or to be about in a public place in a motorized vehicle, motorcycle, moped, or any other motorized device without a destination, unless:

(1) The minor is accompanied by a parent, guardian, custodian, or other adult person having custody or control of such minor;

(2) The minor is on an emergency errand or specific business or activity directed or permitted by his or her parent, guardian, or other adult person having the care and custody of the minor; or

(3) Where the presence of such minor is connected with or required by some legitimate:

(a) Employment;

(b) Trade;

(c) Profession;

(d) Occupation;

(e) School;

(f) Sports league; or

(g) Governmentally sponsored or religious activity.

(C) It is unlawful for any person, firm, or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors between the hours of curfew designated in division (B) above.

(D) It is unlawful for any parent, guardian, custodian, or other adult person having custody or control of any minor to suffer or permit or by inefficient control to allow such person to be on any public place within the town between the hours of curfew designated in division (B) above. The provisions of this section do not apply if:

(1) The minor is accompanied by a parent, guardian, custodian, or other adult person having the care, custody, or control of the minor;

(2) The minor is on an emergency errand or specific business or activity directed by his or her parent, guardian, custodian, or other adult having the care and custody of the minor; or

(3) The parent, guardian, or other adult person herein has made a missing person notification to the Town Police Department or other law enforcement agency with jurisdiction.

(E) The Board of Trustees may permit by resolution or motion procedures for advance notice or registration with the town of special events or functions sponsored by churches, schools, clubs, or other organizations which require minors to be out between the hours set for curfew in division (B) above. The Board of Trustees may also prescribe the procedures for taking into custody minors found in violation of this section.

(F) A parent, guardian, or custodian of such minor may file a written application directed to the Chief of Police of the town who may grant a special exemption of enforcement of the curfew provided by this section being required as to such minor, which exemption shall not exceed five consecutive days, or in the alternative, two days of any week for a period not to exceed 30 days. All requests shall be filed with the Town Clerk/Treasurer.

(G) The Chief of Police shall have the authority to grant or reject any request for an exemption to enforcement of the curfew provided by this section or may reduce the time limit of such exemption. However, any applicant for such exemption, feeling aggrieved by the action of the Chief of Police, may file a request for hearing before the Judge of the Municipal Court of the town who shall summarily hear same, and his or her judgment shall be final.

(H) Any law enforcement officer who shall witness a violation of this section may take such offender into his or her custody to be prosecuted for such violation, require the posting of a sufficient bond for such minor’s appearance in Court, or may place the minor in the custody of his or her parents or some responsible person.

(Prior Code, § 10-413) Penalty, see § 132.99

§ 132.36 SLEEPING IN PUBLIC.

(A) It is unlawful for any person, between the hours of 12:00 a.m. midnight and 5:00 a.m., to sleep on any street, in any other public place, or on any property of another without the express or tacit consent of the owner or person in charge of such place.

(B) It is unlawful for a person to loiter on or about the premises of any public or private school or other public building, or in or about a depot of a public carrier.

(Prior Code, § 10-414) Penalty, see § 132.99

§ 132.37 BEGGING PROHIBITED.

It is unlawful for any person to beg alms for any person, organization, or agency except an organization or agency, public or private, whose purpose or one of whose purposes is to aid persons in need.

(Prior Code, § 10-415) Penalty, see § 132.99

§ 132.38 GAMBLING PROHIBITED.

(A) It is unlawful for any person, firm, or corporation, or agent or employee thereof, to do any of the following:

(1) To play, to open or cause to be opened, or to operate, carry on, or conduct, whether for hire or not, any game of faro, monte, poker, roulette, craps, any banking, percentage, or other game played with dice, cards, or any device, for money, checks, chips, credit, or any other thing of value;

(2) To set up, operate, or permit to be operated any slot machine or other device whatsoever where money, checks, chips, credit, or any other things of value are played, when the act of playing the same might result in a gain or loss to any party playing;

(3) To gamble knowingly in any other manner; or

(4) To knowingly permit his or her, or its, premises, house, lot, or other property to be used in connection with, or for, any act declared unlawful in this section.

(B) It is unlawful and an offense against the town for any person to play any roulette wheel or slot machine or any other device or machine wherein the element of chance is involved by losing or winning money, credits, checks, or any other representatives of value.

(Prior Code, § 10-416) Penalty, see § 132.99

§ 132.39 BEING ABOUT A PLACE WHERE GAMBLING IS GOING ON.

It is unlawful for any person to be about in the immediate vicinity where a person or persons are gambling, whether by playing games, operating a slot machine, or other device, or otherwise.

(Prior Code, § 10-417) Penalty, see § 132.99

§ 132.40 HARMFUL DECEPTION.

It is unlawful for any person knowingly to deceive another, whether by impersonation, misrepresentation, or otherwise, when such deception results in or contributes to the loss, damage, harm, or injury of the person deceived or of a third party, or results in or contributes to the benefit of the deceiver.

(Prior Code, § 10-418) Penalty, see § 132.99

§ 132.41 FALSE OR BOGUS CHECKS.

It is unlawful for any person, with intent to cheat and defraud, to obtain or attempt to obtain from, any person, firm, or corporation, any money, property, or valuable thing of the value of $500 or less by means of any false or bogus check or by any other written or printed or engraved instrument or spurious coin. The term FALSE OR BOGUS CHECK shall include checks or orders given for money or property which are not honored on account of insufficient funds of the maker to pay same, as against the maker or drawer thereof. The making, drawing, issuing, or delivering of a check, draft, or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and the knowledge of insufficient funds in or credit with such bank or other depository. Such maker or drawer shall not have paid the drawee the amount due thereon, together with the protest fees, and the check or order shall be presented for payment within 30 days after same is delivered and accepted.

(Prior Code, § 10-419) Penalty, see § 132.99

§ 132.42 SWINDLING UNLAWFUL.

It is unlawful to get money or property from any other person or persons or businesses under false pretences, deception, cheating, or by any other fraudulent act.

(Prior Code, § 10-420) Penalty, see § 132.99

§ 132.43 UNLAWFULLY PERMITTING OR ALLOWING GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOLIC BEVERAGES.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

ALCOHOLIC BEVERAGE. Includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains 0.5% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. This term includes INTOXICATING BEVERAGES and LOW POINT BEER as defined herein.

GATHERING. A party, gathering, or event, where a group of three or more persons have assembled or are assembling for a social occasion or social activity.

INTOXICATING BEVERAGE. Includes beverages containing more than 3.2% alcohol by weight.

LEGAL GUARDIAN.

(a) A person who, by Court order, is the guardian of the person of a minor; or

(b) A public or private agency with whom a minor has been placed by the Court.

LOW POINT BEER. Includes beverages containing more than 1.5% alcohol by volume, and not more than 3.2% alcohol by weight, including but not limited to beer or cereal malt beverages obtained by the alcoholic fermentation of an infusion of barley or other grain, malt, or similar products.

MINOR. Any person under 21 years of age.

PARENT. A person who is a natural parent, adoptive parent, foster parent, or stepparent of another person.

PREMISES. Any residence or other private property, place, or premises, including any commercial or business premises.

RESPONSE COSTS. The costs associated with responses by law enforcement, fire, and other emergency response providers to a gathering, including but not limited to:

(a) Salaries and benefits of law enforcement, code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and the administrative costs attributable to such response(s);

(b) The cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the scene of a gathering;

(c) The cost of repairing any town equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of a gathering; and

(d) Any other allowable costs related to the enforcement of this section.

(B) Consumption of alcohol by minors in a public place, place open to public, or place not open to public. Except as permitted by state law, it is unlawful for any minor to:

(1) Consume at any public place or any place open to the public any alcoholic beverage; or

(2) Consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage where the minor is being supervised by his or her parent or legal guardian and such consumption is not otherwise in violation of this section, and in particular division (C) below.

(C) Hosting, permitting, or allowing a party, gathering, or event where minors consuming alcoholic beverages prohibited.

(1) (a) It is the duty of any person having control of any premises who knowingly hosts, permits, or allows a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. REASONABLE STEPS are controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering by inspecting drivers’ licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages while at the gathering; and supervising the activities of minors at the gathering.

(b) It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage whenever the person having control of the premises either knows a minor has consumed an alcoholic beverage or reasonably should have known that a minor consumed an alcoholic beverage had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage by a minor as set forth in division (C)(1)(a) above.

(2) This division (C) shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian.

(3) Nothing in this division (C) should be interpreted to prohibit any family activity held in the confines of the family home from providing the use of alcohol to immediate family members within the supervision of parents and guardians. However, if a minor leaves such a family gathering intoxicated and is found in public then said providers of alcohol will be held responsible in the same manner as a non-family gathering.

(4) Nothing in this division (C) should be interpreted to prohibit any religious practice which includes the use of alcohol. However, if a minor leaves such a religious gathering intoxicated and is found to be in public then said providers of alcohol will be held responsible in the same manner as a non-religious gathering.

(D) Licensed. This section shall not apply to any premises licensed by the state to dispense alcoholic beverages.

(F) Reservation of legal options.

(1) Violations of this section may be prosecuted by the town criminally, civilly, and/or administratively as provided by this code of ordinances. The town may seek administrative fees and response costs associated with enforcement of this section through all remedies or procedures provided by statute, ordinance, or law.

(2) This section shall not limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this section, nor shall they limit the town’s ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of this section.

(Prior Code, § 10-421) Penalty, see § 132.99

§ 132.44 WINDOW PEEPING.

No person shall hide, wait, or otherwise loiter in the vicinity of any private dwelling house, apartment building, any other place of residence, or in the vicinity of any locker room, dressing room, restroom, or any other place where a person has a right to a reasonable expectation of privacy, with the unlawful and willful intent to watch, gaze, or look upon any person in a clandestine manner.

(Prior Code, § 10-422) Penalty, see § 132.99

§ 132.45 SELLING TOBACCO OR ALCOHOL TO PERSONS UNDER THE LEGAL AGE REQUIREMENT.

It is unlawful and an offense for any person to sell, barter, give, or otherwise furnish cigarettes, cigars, tobacco, or alcohol in any form to a person under the legal age requirement as determined by state law.

(Prior Code, § 10-423) Penalty, see § 132.99

§ 132.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

(B) Any person violating the provisions of § 132.05(A)(2) or (A)(3) shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed $250. A person violating any other provision of § 132.05(A) may be denied entrance onto the property or removed from the property. If the person refuses to leave the property and a peace officer is summoned, the person may be issued a citation for an amount not to exceed $250.

(C) (1) Any person who violates § 132.25(A) shall be guilty of a misdemeanor and shall be punished by a fine of not less than $10 nor more than $100, or by imprisonment for not less than five days nor more than 30 days, or by both such fine and imprisonment.

(2) Any person who violates § 132.25(B) shall be guilty of a misdemeanor and shall be punished by a fine of not less than $10 nor more than $100, or by imprisonment for not less than five days nor more than 30 days, or by both such fine and imprisonment.

(3) (a) Any person who violates § 132.25(D)(1) shall be guilty of a misdemeanor and shall be punished by a fine of not more than $750, or by imprisonment of not more than 60 days, or by both such fine and imprisonment.

(b) Any person who violates § 132.25(D)(2) shall be guilty of a misdemeanor and shall be punished by a fine of not more than $400, plus costs.

(c) Any person who is in possession of marijuana in an amount not to exceed one and one-half ounces, as described in § 132.25(D)(3), who can state a medical condition but is not in possession of a state-issued medical marijuana license shall be guilty of a misdemeanor and shall be punished by a fine of not more than $400, plus costs.

(4) (a) Any person who violates § 132.25(E)(1) shall be guilty of a misdemeanor and shall be punished by a fine of not more than $750, or by imprisonment of not more than 60 days, or by both such fine and imprisonment.

(b) Any person who violates § 132.25(E)(2) shall be guilty of a misdemeanor and shall be punished by a fine of not more than $750, or by imprisonment of not more than 60 days, or by both such fine and imprisonment.

(Prior Code, § 10-401)

(D) Any person who shall violate the provisions of § 132.43 shall be deemed guilty of an offense against the town and upon conviction thereof shall be punished with fine not to exceed $500, or by imprisonment not exceeding 60 days, or by both such fine and imprisonment, plus all Court costs and statutory penalties, as set forth in these ordinances and as provided by state law.

(Prior Code, § 10-421)

(Ord 1160, passed 2-18-2020)