Chapter 3.40
OFFENSES AGAINST PUBLIC ORDER

Sections:

3.40.010    Disorderly conduct.

3.40.020    Riot.

3.40.030    Public nuisance.

3.40.040    Creating a hazard.

3.40.050    Harming a police dog.

3.40.060    Animal fighting.

3.40.070    Dog control violations.

3.40.080    Unlawful camping.

3.40.090    Public intoxication.

3.40.100    Disturbing the peace.

3.40.110    Aggressive begging.

3.40.120    Littering.

3.40.130    Public urination or defecation.

3.40.140    Loitering.

3.40.010 Disorderly conduct.

(1) A person commits the offense of disorderly conduct by knowingly disturbing the peace of another by:

(a) Displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm;

(b) With intent to prevent or disrupt a lawful meeting, procession, or gathering, obstructing or interfering with the meeting, procession, or gathering by physical action or verbal utterance; or

(c) Intentionally obstructing vehicular or pedestrian traffic without lawful authority.

(2) Disorderly conduct is a Class C offense. [Res. 2017-246; Res. 2017-093; Ord. 49 § 6.10.1, 1-8-2010 (Res. 2010-10)].

3.40.020 Riot.

(1) A person commits the offense of riot if he or she knowingly participates in a riot.

(2) For the purpose of this section, “riot” means the assemblage of five or more persons resulting in conduct which:

(a) Creates an immediate danger of damage to property or injury to persons;

(b) Substantially obstructs law enforcement or other governmental functions or services; or

(c) By force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.

(3) It is a defense to prosecution under this section that the assembly was at first lawful and when one of those assembled manifested an intent to engage in conduct enumerated in subsection (2) of this section, the actor retired from the assembly.

(4) It is no defense to prosecution under this section that another who was a party to the riot has been acquitted, has not been arrested, prosecuted, or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution.

(5) Riot is a Class E offense. [Res. 2017-246; Res. 2017-093; Ord. 49 § 6.10.2, 1-8-2010 (Res. 2010-10)].

3.40.030 Public nuisance.

(1) A person commits the offense of public nuisance by knowingly creating, conducting, or maintaining a public nuisance.

(2) “Public nuisance” means:

(a) A condition which endangers safety or health, is offensive to the senses, or obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property;

(b) Persons gathering on any premises for the purpose of engaging in unlawful conduct;

(c) A condition making passage of any public right-of-way, or waters used by the public, dangerous; or

(d) Creating, by chemical means, a noxious and unreasonable odor in a public place.

(3) Uses of Reservation lands and waters by Tribal members or the Tribes, whether agricultural operations or otherwise, existing prior to nearby residential or commercial development or population increase will not be considered a public nuisance.

(4) Public nuisance is a civil infraction punishable by a fine of $200.00. In addition to a fine, the person creating the public nuisance may be ordered to abate the nuisance or pay all costs of abatement. [Res. 2017-246; Res. 2017-093; Ord. 49 § 6.10.3, 1-8-2010 (Res. 2010-10)].

3.40.040 Creating a hazard.

(1) A person commits the offense of creating a hazard by knowingly:

(a) Discarding in any place where it might attract children a container having a compartment with a capacity of more than one and one-half cubic feet and an attached door or lid that automatically locks or otherwise securely fastens when closed and cannot be easily opened from the inside;

(b) Maintaining any property under her or his control in a manner which could attract children and which constitutes a potential health or safety hazard to the children, without taking proper steps to restrict access to the area;

(c) Failing to cover or fence with suitable protective materials a well, cistern, cesspool, mine shaft, or other hole of a depth of four or more feet and a width of 12 or more inches located upon property in the person’s possession; or

(d) Being the owner or otherwise having possession of any property or owning or possessing any property upon which industrial, construction, or farming equipment is located and allowing the equipment to be maintained or operated in an unsafe manner or condition.

(2) Creating a hazard is a Class C offense. [Res. 2017-246; Res. 2017-093; Ord. 49 § 6.10.4, 1-8-2010 (Res. 2010-10)].

3.40.050 Harming a police dog.

(1) A person is guilty of harming a police dog if he or she knowingly or purposely injures, disables, shoots, or kills by any means any dog that the person knows or has reason to know to be a police dog, whether or not the dog is actually engaged in police work at the time of the injury.

(2) “Police dog” means a dog used by a law enforcement agency specially trained for law enforcement work and under the control of a dog handler.

(3) “Dog handler” means a law enforcement officer who has successfully completed training in police dog handling.

(4) Harming a police dog is a Class C offense. In addition to the criminal penalty provided in this section for harming a police dog:

(a) The court may impose a civil penalty of up to $5,000 for harming a police dog.

(b) The court shall impose a civil penalty of at least $5,000 and may increase the penalty up to a maximum of $10,000 for killing a police dog.

(c) Moneys collected must be distributed to the jurisdiction that owns the police dog. [Res. 2017-246; Res. 2017-093; Ord. 49 § 6.10.5, 1-8-2010 (Res. 2010-10)].

3.40.060 Animal fighting.

(1) A person commits the offense of animal fighting if the person does any of the following:

(a) Owning, possessing, keeping, breeding, buying, selling, advertising, offering for sale, or training any animal with the intent that such animal fight or engage in an exhibition of fighting with another animal;

(b) Promoting, organizing, conducting, participating in, is a spectator of, advertising, preparing, or performing any service in the furtherance of an exhibition of animal fighting, transporting spectators to an animal fight, or providing or serving as a stakeholder for any money wagered on an animal fight;

(c) Keeping or using any place for the purpose of animal fighting, or managing or accepting payment of admission to any place kept or used for the purpose of animal fighting;

(d) Permitting any place over which the person has possession or control to be occupied, kept, or used for the purpose of an exhibition of animal fighting; or

(e) Taking, leading away, possessing, confining, selling, transferring, or receiving an animal with the intent of using the animal for animal fighting, or for training or baiting for the purpose of animal fighting.

(2) Animal fighting is a Class E offense. [Res. 2017-246; Res. 2017-093; Res. 2012-445 § 70; Ord. 49 § 6.10.6, 1-8-2010 (Res. 2010-10)].

3.40.070 Dog control violations.

A person commits an offense if they violate any of the criminal provisions of Chapter 3.65 TTC (Dog Control Code). Sentencing for violations of the Dog Control Code shall be in accordance with TTC 3.65.130. [Res. 2017-246; Res. 2017-093; Ord. 49 § 6.10.7, 1-8-2010 (Res. 2010-10)].

3.40.080 Unlawful camping.

(1) It shall be unlawful for any person to camp or occupy camp facilities in the following areas, except as otherwise provided by ordinance:

(a) Any park, unless park or park area is specifically designated for camping;

(b) Any street or right-of-way, including sidewalks, bus stops and public landscaping;

(c) Any private or Tribal parking lot, unless the area is specifically designated for camping.

(2) The following definitions shall apply to this section:

(a) “Camp” means to pitch, sleep in, cook in or occupy camp facilities for the purpose of temporary or permanent human habitation or domicile. “Camp” shall not mean the use of any facilities or equipment which are used solely in connection with a special event conducted in accordance with a permit issued by the Tribes under other provisions of this code.

(b) “Camp facilities” means tents, huts, or temporary shelters, trailers, and any vehicles used as an overnight residence.

(c) “Parking lot” means any land, area, or facility used for the temporary storage of motor vehicles.

(3) Unlawful camping is a civil infraction. [Res. 2017-246; Res. 2017-093; Ord. 49 § 6.10.8, 1-8-2010 (Res. 2010-10)].

3.40.090 Public intoxication.

(1) A person commits the crime of public intoxication when, in any public place:

(a) Is under the influence of intoxicating liquor, any drug, controlled substance, or any combination of any intoxicating liquor, drug, or controlled substance; and

(b) Is in a condition that he or she is unable to exercise care for his or her own safety or the safety of others; or

(c) By reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, or any combination of any intoxicating liquor, or drug, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.

(2) Public intoxication is a civil infraction. [Res. 2017-246; Res. 2017-093].

3.40.100 Disturbing the peace.

(1) A person commits the offense of disturbing the peace if the person:

(a) Knowingly utters fighting words with a direct tendency to violence, challenging to fight, or fighting;

(b) Makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace; or

(c) Abuses or threatens a person in a public place and thereby intentionally creating a risk of assault.

(2) Disturbing the peace is a civil infraction. [Res. 2017-246; Res. 2017-093].

3.40.110 Aggressive begging.

(1) A person commits the offense of aggressive begging if he or she begs in a manner that intentionally hinders or obstructs the free passage of any person in a public place: or by words or actions, begs with intent to intimidate another person into giving money or goods. For purposes of this offense, “beg” or “begging” means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means.

(2) Aggressive begging is a civil infraction. [Res. 2017-246; Res. 2017-093].

3.40.120 Littering.

(1) A person commits the offense of littering if they place, throw, and deposit or otherwise dispose of any rubbish, trash, or garbage anywhere other than in containers or areas designated for the deposit of litter, in any place of business or lands.

(2) Littering is a civil infraction. [Res. 2017-246; Res. 2017-093].

3.40.130 Public urination or defecation.

(1) A person commits the offense of public urination or defecation if he or she urinates or defecates in a place in the view of the public not specifically designated for that purpose.

(2) Public urination or defecation is a civil infraction. [Res. 2017-246; Res. 2017-093].

3.40.140 Loitering.

(1) A person commits the offense of loitering:

(a) If they remain idle in essentially one location without any clear purpose for a period of time with no apparent, clear, or pressing reason to be there, under circumstances manifesting a threat to or intimidation of employees, visitors, businesses, pedestrians, guests, or the environment at the following locations:

(i) Streets, sidewalks or other public way open for pedestrian travel, or otherwise occupy any portion thereof;

(ii) Any tunnel, or on any bridge overpass, or at or near the entrance thereto or exit therefrom, or at or near any abutment or retaining wall adjacent to such entrance or exit, or any retaining wall or abutment adjacent to any freeway, street or highway open and used for vehicular traffic, or adjacent to that portion thereof used for vehicular traffic, or on any public property in the proximity of such bridge, overpass, underpass, or retaining wall or abutment;

(iii) Public restrooms, store fronts, businesses, parking lots, schools, day-care facilities, places where children regularly congregate, Tribal buildings, and Tribal tide lands; or

(iv) Tribal gaming facilities. There is a presumption that a person is loitering if they enter a Tribal gaming facility and do not participate in any gaming activity and do not purchase food or beverage, and the purpose is to access the public restrooms and beverage stations only;

(b) Rendering the free entrance or exit to public or private places impassible; or

(c) Lying or sleeping on any property that he or she has no right to occupy.

(2) Loitering is a civil infraction. [Res. 2017-246; Res. 2017-093].