Chapter 9-12
OFFENSES AGAINST PUBLIC PEACE AND DECENCY

Sections:

9-12-010    Marathons.

9-12-020    Marathons—Application.

9-12-030    Conduct of persons on or adjacent to premises of any store, shopping center or mall.

9-12-040    Traffic in and around restaurants or establishments selling liquor.

9-12-050    Wagers or bets on horse races prohibited.

9-12-010 Marathons.

It is unlawful for any person to conduct a so called marathon, walkathon, or endurance contest participated in by dancers, walkers or skaters or persons suspending themselves from great heights or in hazardous places where prizes are offered as an inducement to enter a contest and an entrance fee is charged, except in the latter case when required in the prosecution of building or repair work. (Prior code § 8-5-1)

9-12-020 Marathons—Application.

Section 9-12-010 applies to proprietors, managers or lessors of halls or buildings used for such purposes, contestants, promoters, attendants and other persons participating in the conduct of the contest or the proceeds therefrom. (Prior code § 8-5-2)

9-12-030 Conduct of persons on or adjacent to premises of any store, shopping center or mall.

A.    It is unlawful for any person while on or adjacent to the premises of any shopping center, store, or mall to race the motor of any car, or to suddenly start or stop any car, or to make or cause to be made any loud or unseemly noise. It is unlawful for any other person parked near or adjacent to any shopping center, store, or mall to blow or cause to be blown any automobile horn or motorcycle horn at anytime while so parked.

B.    It is unlawful for any patron or other person on the premises of any store, shopping center, or mall or parking area adjacent to same to drink any beer or other intoxicating liquor or to have in his possession any open can, bottle or other receptacle containing beer or alcoholic beverage of any other type, nature, or description, unless the same is used on the immediate premise of properly licensed establishment.

C.    It is unlawful for any person or persons to congregate or linger at any location on the premises of a store, shopping center, mall, or adjacent parking area. Persons so congregating shall be deemed guilty of loitering.

D.    It is unlawful for any person to leave any unoccupied motor vehicle on any store, shopping center, or mall parking lot and to leave the premises thereof, except with the knowledge and consent of the operator or management of the store, shopping center, or mall.

E.    It is the duty of the store, shopping center, or mall operator or manager to post on the premises, in a conspicuous location at least two signs bearing the following legend:

Congregating and Lingering within the Premises is Unlawful.

F.    Any person found guilty of violating any of the provisions of this section shall be deemed guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than six months, or be given both such fine and imprisonment at the discretion of the court. (Ord. 2011 § 1, 1974)

9-12-040 Traffic in and around restaurants or establishments selling liquor.

A.    It is unlawful for any person while on or adjacent to the premises of a restaurant or any establishment selling liquor for consumption on the premises, or for sale in package lots, including but not limited to liquor stores, bars, taverns and lounges, to race the motor of any car, to suddenly start or stop any car, or to make or cause to be made any other loud or unseemly noise. It is also unlawful for any other person parked on the premises of such establishment to blow or cause to be blown any automobile horn or motorcycle horn at any time while so parked. The term “restaurant” is defined as any establishment that keeps for sale and sells for consumption on or off the premises any prepared article of food or drink for human consumption including but not limited to coffee houses, ice cream parlors, drive-ins and cafeterias.

B.    It is unlawful for any patron or other person on the premises of a restaurant or any establishment selling liquor for consumption on the premises, or for sale in package lots, including but not limited to liquor stores, bars, taverns and lounges, whether in or out of any automobile, to drink any beer or other intoxicating liquor or to have in his possession any open bottle, can or other receptacle containing beer or alcoholic beverages of any other type, nature or description unless the same have been purchased on the premises.

C.    It is unlawful for a group of two or more persons to congregate and linger at any location on the premises of a restaurant or any establishment selling liquor for consumption on the premises, or for sale in package lots, including but not limited to liquor stores, bars, taverns and lounges, other than in the building in connection with the services provided therein. Persons so congregating and lingering shall be deemed guilty of loitering. No person shall drive a motor vehicle onto the premises of such establishment and then from the said premises without parking such motor vehicle, unless there is no unoccupied parking space available on said premises.

D.    It is unlawful for any person to leave any unoccupied motor vehicle on the parking lot of a restaurant or any establishment selling liquor for consumption on the premises, or for sale in package lots, including but not limited to liquor stores, bars, taverns and lounges, and to leave the premises thereof, except with the knowledge and consent of the operator of said establishment.

E.    It is the duty of the owner or operator or proprietor of the restaurant or liquor establishment who furnishes parking to patrons to post on the premises in a conspicuous location at least one sign bearing the following legend or wording similar thereto:

“LOITERING ON THE PREMISES IS UNLAWFUL. PARKING IS FOR RESTAURANT PATRONS ONLY. UNAUTHORIZED VEHICLES WILL BE TOWED AWAY AT THE OWNER’S EXPENSE.”

F.    Any person found guilty of violating any of the provisions of this section shall be deemed guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than six months, or be given both such fine and imprisonment at the discretion of the court. (Ord. 2223, 1981)

9-12-050 Wagers or bets on horse races prohibited.

A.    Commencing upon the effective date of the ordinance codified in this section, it is unlawful for any person, firm or corporation to accept any wager or bet on any horse race, which person, firm or corporation thereafter places said wager or bet at an authorized race track, irrespective of whether a fee is charged.

B.    Every person found guilty of an offense under subsection A shall be fined no less than five hundred dollars ($500.00) for each violation and not in excess of one thousand dollars ($1,000.00) for each violation.

C.    Each wager or bet accepted shall constitute a separate and distinct violation under subsection A of this section.

D.    It is unlawful for any person, firm or corporation which owns, rents or leases property within the city of Harvey, to permit the occupation of any said building or premises with knowledge that wagers or bets are being accepted or are to be accepted thereon.

E.    Every person found guilty of violating subsection D of this section shall be fined no less than five hundred dollars ($500.00) for each violation and not in excess of one thousand dollars ($1,000.00) for each violation.

F.    Each day that the building or premises is occupied by a person, firm or corporation which accepts wagers or bets is a separate and distinct violation under subsection D of this section. (Ord. 2087 §§ 1-6, 1976)