Chapter 9.05
GENERAL OFFENSES
Sections:
9.05.010 Interference with officials prohibited.
9.05.020 Congregation – Obstructing passage.
9.05.030 Throwing missiles, stones and the like prohibited.
9.05.040 Discharge of firearms prohibited.
9.05.050 Use of skateboards prohibited.
9.05.060 Synthetic cannabinoid prohibited.
9.05.070 Open burning of materials prohibited – Exceptions.
9.05.010 Interference with officials prohibited.
(A) It is unlawful for any person or persons to intentionally impede or interfere with any police officer, firefighter or any other city official in the performance of his or her duty or emergency functions as a firefighter, police officer or city official.
(B) It is a defense to prosecution under this section that the hindrance, obstruction, resistance or interference alleged consisted of constitutionally protected speech only. [Ord. 431, 1970. Code 2000 § 130.01; Code 1981 § 9.02.010.]
Penalty: See AMC 9.05.080.
9.05.020 Congregation – Obstructing passage.
It is unlawful for any person to congregate or cause to be congregated a crowd of three or more persons upon any public street, alley, sidewalk, parking lot, school or school grounds, building, or any other public place within the city so as to obstruct the same or as to hinder or annoy passersby or occupants of adjacent premises, or as to interfere with the activities normally carried on, on the premises. [Ord. 431, 1970. Code 2000 § 130.02; Code 1981 § 9.30.010.]
Penalty: See AMC 9.05.080.
9.05.030 Throwing missiles, stones and the like prohibited.
No person shall throw or cast any stone, or other missile, or propel any missile, bullet, arrow, stone or other heavy substance from a slingshot, air gun, spring gun or other weapon or device, at or upon any building, tree, property or air space, or on or from any street, alley, sidewalk or public place or unenclosed grounds within the city, except his or her own premises. [Code 2000 § 130.03; Code 1981 § 9.36.010.]
Penalty: See AMC 9.05.080.
9.05.040 Discharge of firearms prohibited.
(A) No person, other than officers or members of the armed forces, authorized to keep peace, shall discharge any cannon, gun, fowling piece or firearm of any description, except on his or her own premises so that no bullet or shot shall go beyond the same, nor shall any such person fire or explode any explosive or combustible material in the city without a license.
(B) This section shall not apply to a person lawfully defending life or property, or to a person performing official duties requiring the discharge of a firearm, nor shall this section apply to firearms which have been discharged at a lawfully permitted firing range. [Code 2000 § 130.04; Code 1981 § 9.64.010.]
Penalty: See Chapter 1.15 AMC.
Cross-reference: Firearms prohibited; game preserve, see AMC 12.25.120.
9.05.050 Use of skateboards prohibited.
(A) For the purpose of this section, “uptown area” is defined as follows: The area bordered as follows: The west border is a line running north and south along the westernmost paved area of South West Street and North West Street and such line extended through intersections and across West Maumee Street. The south border is a line running east and west along the southernmost paved area of East Gale Street and West Gale Street and such line extended through intersections and across South Wayne Street. The east border is a line running along the easternmost paved area of North Washington Street and South Washington Street and such line extended through intersections and across East Maumee Street. The north border is a line running along the northernmost paved area of East Gilmore Street and West Gilmore Street and such line extended through intersections and across North Wayne Street.
(B) It is unlawful and a violation of this section to use, or operate, or ride upon a skateboard, roller skates, inline skates, coaster, or nonmotorized scooter, in the above described uptown area. [Ord. 1181-2004. Code 2000 § 130.05.]
Penalty: See AMC 9.05.080.
9.05.060 Synthetic cannabinoid prohibited.
(A) It is hereby declared to be a violation of this section for any person to use, possess, purchase, attempt to purchase, sell, publicly display for sale or attempt to sell, give, or barter any one or more of the following chemicals within the boundaries of the city:
(1) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (also known as CP 47,497 and its C6, C7, C8, and C9 homologues).
(2) (6aR,10aR)-9-(hydroxymethyl)-6,6- dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (also known as HU-210).
(3) Naphthalen-1-yl-(1-pentylindol-3-yl) methanone (also known as 1 Pentyl-3-(1-naphthoyl) indole or JWH-018).
(4) Naphthalen-1-yl-(1-butylindol-3-yl) methanone (also known as 1-Butyl-3-(1-naphthoyl) indole or JWH-073).
(B) This section shall be enforced by the city Police Department. If any of the substances listed in subsection (A) of this section are found in the possession of any person, they may be confiscated and destroyed by law enforcement officials.
(C) It is not an offense under subsection (A) of this section if the person was acting at the direction of an authorized law enforcement agent to enforce or ensure compliance with this law prohibiting the sale of the aforementioned substance.
(D) This section does not apply to any person who commits any act described in this section pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act. This section likewise does not apply to the inhalation of anesthesia for a medical purpose or dental purpose.
(E) The City Attorney shall have the authority to seek an injunction to close any business which refuses to or fails to comply with this section.
(F) If any provision of this section is held invalid, such invalidity shall not affect the remaining provisions of the section, which shall remain effective absent the invalid provision, and to this end, the provisions of this section are declared severable. [Ord. 1361-2010. Code 2000 § 130.06.]
9.05.070 Open burning of materials prohibited – Exceptions.
(A) No person shall start or maintain any bonfire, rubbish fire or outdoor fire of any type other than a cooking fire within the boundaries of the city, except as provided in this section.
(B) No person shall use any type of open burning containers to burn any material within the boundaries of the city, except as provided in this section.
(C) Any person who wants to have an open fire in which any type of material is burned must first obtain a permit from the Chief of the Fire Department. This permit shall be issued at the discretion of the Chief or his designee taking into consideration the health, safety and welfare of the citizens of the city, the location of the fire, the material to be burned and any other relevant matters. [Ord. 869, 1994. Code 2000 § 93.01; Code 1981 §§ 9.46.010 and 9.46.020.]
9.05.080 Penalty.
(A) Any person violating any provisions of this chapter for which no specific penalty is otherwise provided shall be guilty of an offense, and upon conviction shall be fined as provided in Chapter 1.15 AMC.
(B) Any business found to be in violation of AMC 9.05.060 will be subject to a civil fine of $2,500. Any person found in violation of this section will be guilty of a civil fine not to exceed $1,000. [Ord. 1361-2010. Code 2000 § 130.99.]