CHAPTER 12.04:
GENERAL OFFENSES
Section
Disorderly Conduct
12.04.010 Disturbing the peace and disorderly conduct
12.04.020 Repealed
12.04.030 Streets, sidewalks and culverts
12.04.060 Electrical and plumbing inspectors
Curfew for Minors
12.04.120 Enforcement against juveniles
12.04.130 Enforcement against parents
DISORDERLY CONDUCT
12.04.010 DISTURBING THE PEACE AND DISORDERLY CONDUCT.
(A) It shall be unlawful to fire, or to assist in firing, any cannon, anvil or other instruments producing the same effect, or any shotgun, rifle, revolver, or pistol, or to shoot off or discharge any firecracker or torpedo, or to unnecessarily, wantonly or willfully disturb the peace and quiet of the city or the inhabitants thereof in any way or manner anywhere within the limits of said city.
(B) It shall be unlawful for any person to throw or hurl with the hand, sling, or other instrument any stone, brick, clod, dirt, club, or other missile at towards or against any person, or at, towards or against any animal, fowl, dwelling house, garage, telephone or light pole, or the wires connected therewith, street lights, signs, railroad trains, or motor vehicle, whether standing still or in motion.
(C) It shall be unlawful for any person to idle or loiter in, upon or along any public street, alley, sidewalk, public place or place of business within the limits of the city; and it shall be unlawful for any person without any regular occupation or visible means of support to beg or ask alms from house to house or in, upon or along any street, alley, sidewalk or any public place within the limits of the city.
(D) It shall be unlawful for any person to resist, molest or interfere with the Chief of Police or with any other peace officer of the city while engaged in the discharge of any duties imposed by the laws of the State of Indiana or the ordinances of the City of Southport, and it shall be the duty of every able-bodied male inhabitant of the city over the age of 21 years to assist said Chief of Police or other peace officer of the city, while engaged in the performance of any such duties posed by law, whenever called upon or requested to do so by such Chief of Police.
(Prior Code, Title 12, § 1) Penalty, see § 12.04.999
12.04.020 MAINTENANCE OF PROPERTY.
Repealed by Ord. 16.10.07. (Prior Code, Title 12, § 2) Penalty, see § 12.04.999
12.04.030 STREETS, SIDEWALKS AND CULVERTS.
(A) It shall be unlawful for any person to obstruct or interfere with the free use of any street, alley, sidewalk easement or public thoroughfare or any part thereof within the limits of the city by erection of any fence, gate, building or any other structure of any kind therein, thereon or adjacent thereto; or to leave, place or put therein any vehicle of any kind, whether loaded or unloaded, or allow the same to stand thereon, or to place or deposit therein or thereon any box, barrel, wood, coal or other article.
(B) Every owner or occupant of real estate within the city shall, at all times, keep the sidewalks adjacent to the real estate owned or occupied by him or her free clear and unobstructed of any and all grass, weeds, stones, brush or other substance for a distance of five feet from the property line.
(C) It shall be unlawful to post, mail, paste or attach in any way any bill, poster, placard, dodgers or advertisement of any type upon any fence post, telephone or light pole or on the outside of any building within the limits of the city.
(D) It shall be unlawful for any person, firm, partnership or corporation to construct any culvert in the city unless the culvert shall meet the following specifications, to wit:
(1) Diameter must not be less than 12 inches;
(2) Minimum length must be 20 feet for each driveway;
(3) Material of the tiles to be used must be galvanized metal or concrete.
(Prior Code, Title 12, § 3) Penalty, see § 12.04.999
12.04.040 DOGS.
(A) Any person who suffers or permit any canine to frequent or remain on or within his or her house, building, enclosure or premises and who shall there keep, lodge or otherwise retain such canine, shall be considered as harboring the same.
(B) It shall be unlawful for any person to own, keep or harbor any canine, which by frequent or habitual howling, yelping or barking shall cause serious annoyance to the neighborhood.
(C) It shall be unlawful for any person who may own, keep or harbor a vicious or fierce dog to suffer or permit such dog to go unconfined or run at large.
(D) It shall be unlawful for any person to throw or deposit poison meat or any poisonous substance in any street, alley or public space for the purpose of destroying any canine.
(E) It shall be unlawful for the owner, or any other person having the possession, care, trust or control thereof to permit any dog over the age of three months to run at large upon the public streets, public alleys, public walks, school grounds or other public grounds within the city, unless such dog shall be fastened to a leash of not more than ten feet in length and of sufficient strength to restrain such dog.
(Prior Code, Title 12, § 4) Penalty, see § 12.04.999
Cross-reference:
Animals, see Ch. 9.08
12.04.050 AMUSEMENT DEVICES.
(A) It shall be unlawful for any person, firm or corporation to own, keep, lease or maintain any billiard table, pool table, bowling alley, slot machine, pinball machine, juke box or other similar device for hire or pay within the city, without first having procured and paid for a license to do so, as hereinafter provided.
(B) Any person, firm or corporation desiring to own, keep, lease or maintain, for hire or pay, any table, alley, machine or device mentioned in division (A) of this section shall make application in writing, to the Board of the Common Council of the city at any regular or special meeting of such Board, for a license to do so, setting forth therein the full name and address of the person, firm or corporation desiring such license, giving a full description of the building, room or other place in the city wherein such applicant desires to do business and setting forth the particular table, alley, machine or other device and the number of each and every kind thereof which such applicant desires to so own, keep, lease or maintain at said location and stating specifically whether such applicant will be the owner, keeper, lessee, lessor or agent thereof, and if such applicant is otherwise than the owner thereof, giving the full name and address of each such owner.
(C) The Board of the Common Council shall, at the next following regular or special meeting of such Board, after the filing of such application for a license, hear and determine such matter and shall thereupon either grant or refuse such application for license; whenever any such application shall be granted by such Board, the City Clerk-Treasurer shall issue such license, in the names of the City of Southport, upon payment of the proper license fee therefor to the City Clerk-Treasurer.
(D) All such licenses, granted by said Board, shall be issued for the period of one year and for no longer or shorter time, and the license fees therefor shall be as follows: for a single billiard table, pool table or bowling alley, $100 per annum; and for each additional billiard table, pool table or bowling alley in excess of one, $25 per annum additional; for a single slot machine or other similar device, $100 per annum, and for each additional slot machine or other similar device, in excess of one, $25 per annum additional.
(Prior Code, Title 12, § 5)
12.04.060 ELECTRICAL AND PLUMBING INSPECTORS.
(A) The position of Electrical Inspector and Plumbing Inspector be and the same are created.
(B) The Board of the Common Council shall appoint properly qualified persons as Electrical Inspector and Plumbing Inspector respectively.
(C) The salary of said inspectors shall be contingent upon the number of annual inspections made by them, which salary shall be fixed by the Board of the Common Council in an amount not in excess of the annual inspection fees collected in the performance of their duties as Electrical Inspector and Plumbing Inspector.
(Prior Code, Title 12, § 6)
CURFEW FOR MINORS
12.04.100 CURFEW ESTABLISHED.
(A) It is a curfew violation for a child 15, 16 or 17 years of age to be in a public place:
(1) Between 12:00 a.m. (midnight) and 5:00 a.m. on Saturday or Sunday;
(2) After 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday;
(3) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.
(B) It is a curfew violation for a child under 15 years of age to be in a public place after 10:00 p.m. or before 5:00 a.m. on any day.
(I.C. 31-37-3-2, 31-37-3-3) Penalty, see § 12.04.999
Statutory reference:
Advancement of curfew time, see I.C. 31-37-3-4
12.04.110 EXEMPTIONS.
(A) It is a defense to a violation under this chapter that the child was emancipated:
(1) Under I.C. 31-37-19-27 or I.C. 31-6-4-15.7 (before its repeal);
(2) By virtue of having married; or
(3) In accordance with the laws of another state or jurisdiction; at the time that the child engaged in the prohibited conduct.
(B) It is a defense to a violation under this chapter that the child engaged in the prohibited conduct while:
(1) Accompanied by the child’s parent, guardian, or custodian;
(2) Accompanied by an adult specified by the child’s parent, guardian, or custodian;
(3) Participating in, going to, or returning from:
(a) Lawful employment;
(b) A school sanctioned activity;
(c) A religious event;
(d) An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
(e) An activity involving the exercise of the child’s rights protected under the First Amendment to the United States Constitution or Article 1, Section 31 of the Constitution of the State of Indiana, or both, such as freedom of speech and the right of assembly; or
(f) An activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of one or more adults; or
(4) Engaged in interstate or international travel from a location outside Indiana to another location outside Indiana.
(I.C. 31-37-3-3.5)
12.04.120 ENFORCEMENT AGAINST JUVENILES.
The city shall report all curfew violations to the County Juvenile Officer for processing under appropriate juvenile law.
Statutory reference:
Curfew violations; delinquent children, see I.C. 31-37-2-5 and 31-37-6-6
12.04.130 ENFORCEMENT AGAINST PARENTS.
A parent, guardian or custodian of a child who permits or causes a child to be in a public place during curfew hours in violation of § 12.04.100 shall punished as provided in § 12.04.999.
12.04.999 PENALTY.
(A) Whoever violates any provision of this chapter for which no specific penalty is set forth shall be punished as provided in § 1.04.999.
(B) A parent, guardian or custodian of a child who violates § 12.04.100 shall be fined $50 for each such violation.