Chapter 9.28 — DISTURBING THE PEACE

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Disorderly conduct means engaging in any of the following acts:

(1)

Soliciting anyone to engage in or engaging in lewd or dissolute conduct in any public place open to the public or exposed to public view. As used in this definition, the term "lewd or dissolute" means to engage in conduct that involves the touching of genitals, buttocks or female breasts.

(2)

Soliciting anyone to engage in or engaging in fighting, combative behavior or similar activity.

(3)

Soliciting anyone to engage in or engaging in conduct that recklessly endangers the public safety of the individual or other persons.

(4)

Acting in a violent or disruptive manner toward another, where any person is placed in fear of safety of his life, limb or health.

(5)

Acting in a violent or disruptive manner toward another, where property of any person is placed in danger of being destroyed or damaged.

(6)

Assembling or congregating with other persons for the purpose of doing bodily harm to another.

(7)

Congregating with others in or on any public ways so as to halt the flow of vehicular or pedestrian traffic and refusing to clear any public way when ordered to do so.

Loitering means engaging in any of the following acts:

(1)

Delaying or lingering without a lawful purpose for being on the property with the intent to commit a crime as opportunity may be discovered.

(2)

Wandering upon public property or the public streets or from place to place without apparent reason or business and refusing to identify oneself and to account for one's presence when requested by any peace officer to do so, if the circumstances would indicate to a reasonable person that the public safety demands such identification.

(3)

Prowling, or wandering upon the private property of another without permission, at any time, without visible or lawful business with the owner or occupant thereof.

Minor means any person under the age of 18 years.

Other adult person means an adult over the age of 18 who has been given by the minor's parents the primary responsible care of the minor in the parents' absence. The term "other adult person" does not include an adult friend or acquaintance of the minor who has not been appointed by the parents of the minor to care for the minor in the parents' absence.

Trespassing means engaging in any of the following acts:

(1)

Entering upon the premises of another, including any public property in violation of a notice posted or exhibited to the premises or in violation of any oral or written notice, warning or protest by any owner or occupant thereof.

(2)

Failing or refusing to depart from the premises of another after being requested, either orally or in writing by the owner or occupant thereof.

(Code 1972, § 9.28.010; Ord. No. 956, § 2(part), 1993; Ord. No. 1267, §§ 2, 3, 5-11-2010)

No person shall engage in disorderly conduct as defined in section 9.28.010 within the city.

(Code 1972, § 9.28.020; Ord. No. 956, § 2(part), 1993)

No person shall engage in loitering as defined in section 9.28.010 within the city.

(Code 1972, § 9.28.030; Ord. No. 956, § 2(part), 1993)

(a)

No minor years shall loiter, wander, stroll or remain in, on or upon any public street, highway, road, alley, park, playground, place, building or other public ground between the hours of 10:00 p.m. and 5:00 a.m. of the following day unless accompanied by his parent, or guardian or other adult person appointed by the minor's parents to have the care and custody of the minor in the parents' absence, unless the minor is acting upon an emergency errand or legitimate business directed by his parent, guardian or other adult person appointed by the minor's parents to have the care and custody of the minor in the parents' absence.

(b)

No minor shall loiter, idle, wander, stroll or remain in, on or upon any private place of amusement and entertainment, vacant lot, parking lot, shopping center property, or other private property at any time unless accompanied by his parent, guardian or other adult person appointed by the minor's parents to have the care and custody of the minor in the parents' absence, unless the minor is upon an emergency errand or legitimate business directed by his parent, guardian, or other adult person appointed by the minor's parents to have the care and custody of the minor in the parents' absence.

(Code 1972, § 9.28.040; Ord. No. 956, § 2(part), 1993)

It is unlawful for the parent, guardian or other adult person appointed by the minor's parents to have the care and custody of the minor in the parents' absence to knowingly permit such minor to loiter, idle, wander, stroll, or remain in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, or trespass on private property within the hours of 10:00 p.m. and 5:00 a.m. of the following day; provided, however, that the provisions of this section shall not apply when the minor is accompanied by his parent, guardian or other adult person appointed by the minor's parent to have the care and custody of the minor in the parents' absence or when the minor is upon an emergency errand or legitimate business directed by his parent, guardian or other adult person appointed by the minor's parents to have the care and custody of the minor in the parent's absence.

(Code 1972, § 9.28.050; Ord. No. 956, § 2(part), 1993)

No person shall engage in trespassing as defined in section 9.28.010 within the city.

(Code 1972, § 9.28.060; Ord. No. 956, § 2(part), 1993)

(a)

Any person violating any provision of this chapter or failing to comply with any of the requirements herein is guilty of a misdemeanor which may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction.

(b)

Each violation of the provisions of this section will constitute a separate offense.

(c)

Any parent, guardian or other adult person appointed by the minor's parents to have the care and custody of the minor in the parents' absence coming within the provisions of this chapter who violates any of the provisions hereof shall also be guilty of a misdemeanor which may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction.

(d)

It shall not constitute a defense hereto that such parent, guardian or other person appointed by the minor's parents to have the care and custody of the minor in the parents' absence coming within the provisions of this chapter, did not have knowledge of the presence of the minor in or upon any streets, alleys, highways, roads, public places, vacant lots, or other unsupervised places in violation of the chapter thereof.

(Code 1972, § 9.28.070; Ord. No. 956, § 2(part), 1993; Ord. No. 1267, § 4, 5-11-2010)