Article 729
GAMBLING
Sections:
729.01 Aiding exhibition of gambling devices – Common gamblers prohibited.
729.02 Keeping or visiting gambling or fortune telling houses.
729.03 Permitting gambling or pool making.
729.04 Presumed violation for knowledgeable owner or occupant failing to complain.
729.05 Duty of police officers to arrest upon complaint or knowledge.
729.01 Aiding exhibition of gambling devices – Common gamblers prohibited.
No person shall aid, assist or permit others to keep or exhibit any gambling table, establishment, device or other instrument, article or thing whatsoever to win or gain money or other property of value. No person shall engage in gambling for a livelihood, or be without a fixed residence and in the habit or practice of gambling. (Ord. 1382 § 1, 1918)
729.02 Keeping or visiting gambling or fortune telling houses.
Any keeper of or visitor at any gaming table, gambling house, house for fortune telling, house of ill or bad repute, or other place of bad device within the city, and any person found in the city who goes about for the purpose of gaming, or who has in his possession any article or thing used for obtaining money under false pretenses, or by not rendering an equivalent value therefor, shall be guilty of a misdemeanor. (Ord. 1397 § 1, 1918)
729.03 Permitting gambling or pool making.
No owner, occupant or lessee of any building, room, tent or any other place shall allow the same or any part thereof to be used, occupied or employed for the purpose of pool selling or of playing at, or betting upon any game or device of address or hazard, for money or other valuable things. (Ord. 1397 § 2, 1918)
729.04 Presumed violation for knowledgeable owner or occupant failing to complain.
If any owner, occupant or lessee has knowledge that any pool selling, or playing at or betting upon any game of address or hazard is set up or conducted upon the premises of which he is the owner, occupant or lessee and he does not immediately make complaint thereof to the proper authorities, he shall be deemed to have knowingly leased, hired or rented such premises for such purpose, and shall be subject to the penalties imposed in MMC 729.99(B). (Ord. 1397 § 3, 1918)
729.05 Duty of police officers to arrest upon complaint or knowledge.
It shall be the duty of city police officers upon complaint made or upon personal knowledge of any such officers that any house in the city is kept or used for any of the aforesaid purposes to arrest the persons in whose possession or occupancy the house, room or other place may be, together with all persons found therein, and convey such persons before a court of lawful jurisdiction. (Ord. 1788 § 1 1928)
729.99 Penalty.
(A) Whoever violates MMC 729.01 shall be fined not less than $10.00 nor more than $100.00 and costs, and in default of payment thereof shall be imprisoned not more than 10 days.
(B) Whoever violates any provision of this article for which no penalty is otherwise provided shall be fined not more than $100.00 for each and every offense together with costs, and in default of payment thereof shall be imprisoned for not more than 30 days. (Ord. 1397 §§ 1, 2, 1918; Ord. 1382 § 2, 1918)