Chapter 9.05 OFFENSES AGAINST PUBLIC ORDER AND WELFARE

It shall be unlawful for any person to commit any assault within the limits of the city. An assault is an attempt with unlawful force or violence to do bodily injury to another, or a threat, accompanied by a show of immediate force or violence, to do bodily injury to another. (Section 10-8-47, Utah Code Annotated 1953) [Code 1988 § 7-1-1].

9.05.020 Terroristic threat.

It shall be unlawful for any person to commit a terroristic threat within the limits of the city. A person commits terroristic threat if he threatens to commit any offense involving violence with intent:

A. To cause action of any sort by an official or volunteer agency organized to deal with emergencies; or

B. To place a person in fear of imminent serious bodily injury; or

C. To prevent or interrupt the occupation of building, room; place of assembly; place to which the public has access; or automobile or other form of conveyance. (Section 76-5-107, Utah Code Annotated 1953) [Code 1988 § 7-1-2].

9.05.030 Harassment.

It shall be unlawful for any person to commit harassment within the limits of the city. A person is guilty of harassment if, with intent to frighten or harass another, he communicates in writing a threat to commit any violent felony. [Code 1988 § 7-1-3].

9.05.040 Obstructing access to premises.

It shall be unlawful for any person in this city to congregate with others about or upon the sidewalk, stairway, doorway, window, or in front of any business, dwelling or church in such a manner as to obstruct the free passage of persons entering, leaving or occupying any such building or premises. (Section 10-8-69, Utah Code Annotated 1953) [Code 1988 § 7-1-4].

9.05.050 Shooting and hunting.

A. It shall be unlawful for any person to discharge any firearm or gun of any kind or nature (including, but not limited to, BB and pellet guns) within the city limits, whether on public or private property. It shall also be unlawful to discharge or shoot a bow and arrow, blowgun, wrist rocket, slingshot, or any other type of instrument designed to propel or throw missiles capable of doing bodily harm, on public or private property in such a manner as to endanger persons or property or to cause the projectile or missile to cross into property of another. The provision prohibiting the discharge of firearms shall not apply to peace officers in the performance of their official duties, to the authorized use of established firing ranges or to any other lawful act.

B. It shall be unlawful to hunt any animal or bird within the city.

C. In the event that any person uses a weapon to shoot at any big game animal pursuant to the provisions of Section 23-16-3, Utah Code Annotated 1953, as amended, or to shoot at any dog pursuant to the provisions of Section 18-1-3, Utah Code Annotated 1953, as amended, he shall do so only in such a manner so as to not endanger any person, other animal or property. The chief of police shall have the authority to prescribe the type of weapon that may be used to kill animals pursuant to these sections, taking into account the location where the animals are to be killed and the proximity of other people and structures. (Section 10-8-47, Utah Code Annotated 1953) [Code 1988 § 7-1-5].

9.05.060 Littering.

It shall be unlawful for any person to drop, throw, deposit, or discard, or permit to be dropped, thrown, deposited, or discarded, upon any city street, highway, park, recreation area or other public or private land, any glass, nails, tacks, wires, cans, boards, trash, or garbage, paper, or paper products or any similar substance which would render such property unsafe or unsightly without the permission of the owner or person having control or custody of the land. (Section 10-8-24, Utah Code Annotated 1953) [Code 1988 § 7-1-6].

9.05.070 Disturbing the peace.

A. It shall be unlawful for any person to maliciously or willfully disturb the peace or quiet of another by loud or unusual noise or by tumultuous conduct or by threatening or yelling in a manner likely to incite another to violence.

B. It shall be unlawful for any person to cause noise that constitutes a public disturbance after once being requested to stop making the noise. It shall also be unlawful for any person in possession of real property to allow to originate from the property noise that constitutes a public disturbance after once being requested to stop permitting the noise. For purposes of this section, public disturbance shall be any sound which unreasonably disturbs or interferes with the peace, comfort or repose of owners or possessors of real property and which emanates from any of the following sound sources:

1. Music, stereo or sound systems.

2. Loud arguing or boisterous conduct.

3. Construction work in or adjacent to a residential zone between the hours of 10:30 p.m. and 7:00 a.m.

4. Sports or other entertainment activities in or adjacent to a residential zone between the hours of 10:30 p.m. and 7:00 a.m.

5. The use of machinery or motorized or power tools and equipment in or adjacent to a residential zone between the hours of 10:30 p.m. and 7:00 a.m.

6. The repetitive or continuous starting, testing or operation of a motor vehicle, including a motorcycle, in a residential zone.

7. The engaging and use of the compression brake (Jake brake) on large trucks between the hours of 10:30 p.m. and 7:00 a.m. (Section 10-8-50, Utah Code Annotated 1953) [Code 1988 § 7-1-7].

9.05.080 Interference with public employees prohibited.

It shall be unlawful for any person to intentionally (A) harass, intimidate, or threaten any city employee while said employee is in the discharge of his official duties for the city; or (B) interfere with, obstruct, or prevent any city employee from removing or plowing snow from or on public roads within the city. (Section 10-8-50, Utah Code Annotated 1953) [Ord. 80-1. Code 1988 § 7-1-8].

9.05.090 Interference with a peace officer prohibited.

It shall be unlawful for any person to interfere with a peace officer seeking to effect a lawful arrest or detention of said person or of another person. (Section 10-8-50, Utah Code Annotated 1953) [Code 1988 § 7-1-9].

9.05.100 Giving of false name or address.

It shall be unlawful for any person to knowingly give a false name, birth date, or address to a peace officer in the lawful discharge of his official duties with the intent of misleading the peace officer as to his identity, birth date, or place of residence. (Section 76-8-507, Utah Code Annotated 1953) [Code 1988 § 7-1-10].

9.05.110 False report of offenses to law enforcement officer.

It shall be unlawful for any person to:

A. Knowingly give or cause to be given false information to any law enforcement officer with a purpose of inducing the officer to believe that another has committed an offense; or

B. Knowingly give or cause to be given information to any law enforcement officer concerning the commission of an offense, knowing that the offense did not occur or knowing that he has no information relating to the offense or danger. [Code 1988 § 7-1-11].

9.05.120 Disruption of a meeting or procession.

It shall be unlawful for a person to disrupt a meeting or procession. A person is guilty of disrupting a meeting or procession if, intending to prevent or disrupt a lawful meeting, procession, or gathering, he obstructs or interferes with the meeting, procession, or gathering by physical action, verbal utterance, or any other means. (Section 76-8-304, Utah Code Annotated 1953) [Code 1988 § 7-1-12].

9.05.130 Disturbance of official meeting.

It shall be unlawful for any person to intentionally disturb an official meeting or commit any disorderly conduct in immediate view and presence of participants in an official meeting tending to interrupt its proceedings.

For purposes of this section “official meeting” means any lawful meeting of public servants for the purpose of carrying on governmental functions. [Code 1988 § 7-1-13].

9.05.140 Disorderly conduct.

It shall be unlawful for any person to engage in or exhibit disorderly conduct within the city. A person is guilty of disorderly conduct if:

A. He refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or

B. Intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof:

1. He engages in fighting or in violent, tumultuous, or threatening behavior; or

2. He makes unreasonable noises in a public place; or

3. He makes unreasonable noises in a private place which can be heard in a public place; or

4. He engages in abusive or obscene language or makes obscene gestures in a public place; or

5. He obstructs vehicular or pedestrian traffic.

For purposes of this section “public place” shall mean any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (Section 10-8-50, Utah Code Annotated 1953) [Code 1988 § 7-1-14].

9.05.150 Loitering.

It shall be unlawful for any person to loiter within the limits of the city. A person is guilty of loitering if he appears at a place or at a time under circumstances that warrant alarm for the safety of persons or property in the vicinity, and upon inquiry by a law enforcement officer, he fails to give a reasonably credible account of his identity, conduct, or purposes; provided, however, no person shall be convicted under this section if the explanation he gave of his conduct and purposes was true and, if believed by the law enforcement official at the time, would have dispelled the alarm. (Section 76-7-703, Utah Code Annotated 1953) [Code 1988 § 7-1-15].

9.05.160 Lewd behavior.

It shall be unlawful for any person to willfully or knowingly:

A. Engage in open and gross lewdness, lascivious or obscene behavior; or make any open, public, indecent, or obscene exposure of his or her person or of his or her private parts, or the person or private parts of another; or

B. Procure, counsel or assist any person to act in a lewd or obscene manner or make any indecent or obscene exposure of his own or any other person’s private parts; or

C. To urinate or stool in any place open to public view; or

D. To perform any other act of gross lewdness in a public place. (Section 10-8-47, Utah Code Annotated 1953) [Code 1988 § 7-1-16].

9.05.170 Riot.

It shall be unlawful for any person to commit riot within the limits of the city. A person shall be guilty of riot if:

A. Simultaneously with two or more other persons he engages in tumultuous or violent conduct and thereby knowingly or recklessly creates a substantial risk of causing public alarm; or

B. He assembles with two or more other persons with the purpose of engaging, soon thereafter, in tumultuous or violent conduct, knowing that two or more other persons in the assembly have the same purpose; or

C. He assembles with two or more other persons with the purpose of committing an offense against a person or property of another who he supposes to be guilty of a violation of law, believing that two or more persons in the assembly have the same purpose.

Any person who refuses to comply with a lawful order to withdraw given to him immediately prior to, during, or immediately following a violation of the above is guilty of riot. (Section 10-8-47, Utah Code Annotated 1953) [Code 1988 § 7-1-17].

9.05.180 Failure to disperse.

It shall be unlawful for any person to fail to disperse after having been ordered to do so by a peace officer. A person is guilty of failure to disperse when he remains at the scene of a riot, disorderly conduct, or an unlawful assembly after having been ordered to disperse by a peace officer. Provided, this section shall not apply to a person who attempted but was unable to leave the scene of the riot or unlawful assembly. (Section 76-9-105, Utah Code Annotated 1953) [Code 1988 § 7-1-18].

9.05.190 Giving false alarm.

It shall be unlawful for any person to give a false alarm within the limits of the city. A person is guilty of giving a false alarm if he initiates or circulates a report or warning of any fire, impending bombing, or other crime or catastrophe, knowing that the report or warning is false or baseless and is likely to cause evacuation of any building, place of assembly, or facility of public transport, to cause public inconvenience or alarm or action of any sort by any official or volunteer agency organized to deal with emergencies. (Section 76-9-105, Utah Code Annotated 1953) [Code 1988 § 7-1-19].

9.05.200 Public intoxication.

A. It shall be unlawful for any person to be in an intoxicated condition in any public place, building, or conveyance to which the public has, or is permitted to have, access, or on any highway, street, lane, park or place of public resort or amusement, or any other public place or in a private place where he unreasonably disturbs other persons.

B. A person is guilty of intoxication if he is under the influence of intoxicating liquor, a controlled substance, or any substance having the property of releasing toxic vapors, to a degree that the person may endanger himself or another. (Section 10-8-47, Utah Code Annotated 1953) [Code 1988 § 7-1-21].

9.05.210 Expectoration in public places prohibited.

It shall be unlawful for any person to expectorate or spit or throw cigar stumps, cigarette stumps or quids of tobacco on any street, railway car or other public conveyance or public building or upon any paved sidewalk or paved crosswalk within the city. [Code 1988 § 7-1-21].

9.05.220 Intoxicating chemical compounds.

A. It shall be unlawful for any person, including a corporation or other entity, to manufacture, distribute, dispense, ingest, use, possess, purchase, attempt to purchase, sell, publicly display for sale, attempt to sell, give, trade or barter, any one or more of the following chemical compounds and/or substances including their salts, isomers, homologues and salts or their isomers and homologues:

1. Salvia Divinorum or Salvinorum A – All parts of the plant presently classified botanically as Salvia Divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts;

2. Pentyl-3-(1-naphthoyl)indole (also known as JWH-OIS);

3. (6ar, lOar)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-y1) 061, 7, 10, 10atetrahydrobenzo[c] chromen-l-ol (also known as HU-210 or 1, I-dimethylheptyl-IIhydroxy-deltaS-tetrahydrocannabinol);

4. 2-(3-hydroxycyclohexyl)-2-methyloctan-2-yl) pheno (also known as CP-47,497), and the dimethylhexyl, dimethyloctyl and dimethylnonyl homologues of CP-47,497;

5. 1-Butyl-3-(1-naphthoyl)indole (also known as JWH-073);

6. 1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl)indole (also known as JWH-200);

7. 1-Pentyl-3-(2-methoxyphenylacetyl)indole (also known as JWH-250);

8. 1-Hexyl-3-(1-naphthoyl)indole (also known as JWH-019);

9. 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (also known as JWH-39S);

10. N-benzylpiperazine (also known as BZP);

11. 1-(3-tritluoromethylphenyl) piperazine (also known as TFMPP);

12. Any similar structural analogs of the above chemical compounds;

13. Any other synthetic cannabinoids;

14. Any of the compounds or similar compounds listed above that possess other names indexed in the Chemical Abstracts SourceTM (CAS) Source Index (CASSITM)

B. It is not an offense under subsection (A) of this section if the person was acting at the direction of an authorized agent of Helper City to enforce or ensure compliance with this law prohibiting the sale of the aforementioned intoxicating chemical compound.

C. If any of the aforementioned intoxicating chemical compounds are found in the possession of any person, they may be confiscated and destroyed by law enforcement officials.

D. This section shall not apply to drugs or substances lawfully prescribed or to drugs or substances which have been approved by the federal Food and Drug Administration or which are specifically permitted by Utah law.

E. Any person found to be in violation of this section will be guilty of a class B misdemeanor and/or subject to a term of imprisonment not to exceed six months and a fine not to exceed $1,000 and/or both. Each day during which a violation of subsection (A) of this section occurs shall constitute a separate offense.

F. Helper City shall have the authority to seek an injunction to compel compliance of any business which fails to or refuses to comply with this section.

G. If any provision of this section is held invalid, such invalidity shall not affect the remaining provisions of this section which shall remain effective absent the invalid provision, and to this end, the provisions of this section are declared to be severable. [Ord. 2010-8].

Article II. Smoking

9.05.230 Smoking prohibited in public places and meetings – Exceptions.

It shall be unlawful for any person to smoke in a public place or at a public meeting except in designated smoking areas; provided, that this prohibition shall not apply in cases in which an entire room or hall is used for a private social function and seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the place. [Code 1988 § 7-1-22.1].

9.05.240 Smoking areas may be established.

The proprietors or other persons in charge of public places may designate appropriate smoking areas; provided, that no public place other than a bar shall be designated as a smoking area in its entirety. [Code 1988 § 7-1-22.2].

9.05.250 Duties of proprietor of public places.

The proprietor or other person in charge of a public place shall make reasonable efforts to prevent violation of this article in the public place by:

A. Conspicuously posting appropriate signs;

B. Arranging seating and ventilation to provide a smoke-free area. [Code 1988 § 7-1-22.3].

9.05.260 Penalties – Enforcement.

A. Violation of HMC 9.05.230 shall be an infraction.

B. Violation of HMC 9.05.240 or 9.05.250 shall be a class C misdemeanor.

C. In addition to the above the chief of police may institute an action in any court with jurisdiction to enjoin repeated violations of HMC 9.05.240 or 9.05.250. [Code 1988 § 7-1-22.4].

9.05.270 Definitions.

For the purposes of this article:

“Public place” means any enclosed, indoor area used by the general public or serving as a place of work, including but not limited to restaurants, hospitals, medical or dental clinics, public conveyances, retail stores, offices and other commercial establishments, nursing homes, auditoriums, theaters, arenas, meeting rooms and commercial kitchens, and buildings constructed, maintained, or otherwise supported by tax revenues in whole or in part. In addition, enclosed indoor areas where the proprietor posts conspicuous signs such as “No Smoking” or “Thank you for not smoking” shall be considered public places.

“Public meeting” includes all meetings open to the public at large.

“Smoking” includes, but is not limited to, carrying a lighted cigar, cigarette, pipe, or any other lighted smoking equipment. [Code 1988 § 7-1-22.5].