Impersonating a law enforcement officer is the exercise of the functions of, or the attempt without proper authority to exercise the functions of, or the holding of oneself out to any other person as, a sheriff, deputy sheriff, Marshall, policeman, constable, peace officer or any other law enforcement officer.
Impersonating a law enforcement officer is a Class B violation punishable under the Uniform Public Offense Code.
(Ord. 08-2008; Code 2016)
Unlawful use of police, fire and emergency services radio transmissions is the reception or interception of any message or transmission made on or over any police, fire or emergency services communications system to use such information for any of the following purposes:
(a) To facilitate the commission of any crime or violation of any law of this State or of this City; or
(b) To attempt to commit any crime or violation of any law of this State or of this City; or
(c) To flee from the scene of such commission of or attempt to commit a crime or violation of any law of this State or of this City, or to otherwise attempt to avoid detection by any law enforcement or investigative official during or after the commission of or attempt to commit a crime or violation of any law of this State or of this City; or
(d) To in any manner impede or interfere with police, fire or emergency services officials or other duly authorized city or governmental officials answering such radio calls.
Unlawful use of police, fire and emergency services radio transmissions is a Class A violation punishable under the Uniform Public Offense Code.
(Ord. 08-2008; Code 2016)
(a) Unlawful possession of drugs is the possession of any of the following drugs, except in the manner as hereinafter provided, to wit:
(1) The salts and derivatives of barbituric acid or compounds, preparations or mixtures thereof, except mixtures with other drugs in such proportions that the mixture cannot produce the hypnotic action of the barbiturates.
(2) Paraldehyde.
(3) Chloral hydrate, except in mixtures in which the proportions are such that the mixture cannot produce the hypnotic action of chloral hydrate.
(4) Amphetamine, its salts and derivatives or compounds, preparation or mixtures thereof, except mixtures in which the proportions are such that the stimulating action of amphetamine cannot be produced by the mixture.
(5) Marijuana, opium, cannabis, isonipecaine, amidone, isoamidone, ketobemidone, or coca leaves or any compound, sale, derivative or preparation thereof.
(6) Hallucinogens, including bufotenine, ibogaine, DET (diethltryptamine), DOM (STP), psilocybin, psilocin, DMT (Dimethyltryptamine), LSD-25 or LSD (d-lysergic acid diethylamide) and any other derivative of d-lysergic acid producing stimulating or hallucinogenic effects similar to those caused by LSD.
(b) The prohibitions of this section shall not apply to: duly licensed doctors of medicine, dentists, veterinarians and pharmacists who may possess such drugs in their proper and legal courses of practice of their professions; or possession for purposes of medication of any such drugs which have been dispensed by a duly licenses doctor of medicine, dentist or veterinarian, or which have been dispensed by a duly licensed pharmacist on the prescription of a duly licensed doctor of medicine, dentist or veterinarian, when in the container in which it was delivered to him by the person so selling or dispensing the same; or common carriers or warehousemen engaged in the lawful transporting or storing of such drugs, or to any employee of such common carriers or warehousemen within the scope of their employment; or public officers or employees in the performance of official duties requiring possession or control of such drugs, or persons aiding such officers or employees in the performance of such duties; or institutions licensed by the State Board of Health for the possession and supplying of such drugs to its patients on the prescription or order of a duly licensed doctor of medicine or a dentist, while such institution is lawfully engaged in such activities.
(c) Unlawful possession of drugs is a Class A violation punishable under the Uniform Public Offense Code.
(Ord. 08-2008; Code 2016)
(a) It shall be unlawful for any person to use or possess with intent to use:
(1) Any drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the uniform controlled substances act (K.S.A. 65-4101 et seq.); or
(2) Any simulated controlled substance.
(b) It shall be unlawful for any person to knowingly deliver or cause to be delivered any substance which is not a controlled substance:
(1) Any drug paraphernalia, knowing or under circumstances where one reasonably should know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the uniform controlled substance act (K.S.A. 65-4101 et seq.); or
(2) Any simulated controlled substance.
(c) It shall be unlawful for any person to knowingly deliver or cause to be delivered any substance which is not a controlled substance:
(1) Upon an express representation that the substance is a controlled substance or that the substance is of such nature or appearance that the recipient will be able to distribute the substance as a controlled substance; or
(2) Under circumstances which would give a reasonable person reason to believe that the substance is a controlled substance, the establishment of any one of the following factors creating a presumption that delivery of a substance was under circumstances which would give a reasonable person reason to believe that a substance is a controlled substance:
(d) The substance was packaged in a manner normally used for the illegal delivery of controlled substances; or
(e) The delivery of the substance included an exchange of or demand for money or other consideration for delivery of the substance, and the amount of the consideration was substantially in excess of the reasonable value of the substance; or
(f) The physical appearance of the capsule or other material containing the substance is substantially identical to a specific controlled substance.
(g) As used in this Article, the following terms shall have the following meanings:
(1) “Drug paraphernalia” means all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the uniform controlled substance act. “Drug paraphernalia” shall include, but is not limited to:
(A) Kits used or intended for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived.
(B) Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
(C) Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance.
(D) Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
(E) Scales and balances used or intended for use in weighing or measuring controlled substances.
(F) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, which are used or intended for use in cutting controlled substances.
(G) Separation gins and sifters used or intended for use in removing twigs and seeds from or otherwise cleaning or refining marijuana.
(H) Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances.
(I) Capsules, balloons, envelopes, and other containers used or intended for use in packaging small quantities of controlled substances.
(J) Containers and other objects used or intended for use in storing or concealing controlled substances.
(K) Hypodermic syringes needles and other objects used or intended for use in parenterally injecting controlled substances into the human body.
(L) Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) Roach clips (objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand);
(vi) Miniature cocaine spoons and cocaine vials;
(vii) Chamber pipes;
(viii) Carburetor pipes;
(iv) Electric pipes;
(x) Air-driven pipes;
(xi) Chillums;
(xii) Bongs; and
(xiii) Ice pipes or chillers.
(2) “Simulated controlled substance” means any product which identifies itself by a common name or slang term associated with a controlled substance and which indicates on its label or accompanying promotional material that the product simulates the effect of a controlled substance.
(3) “Controlled substance” means any drug, substance or immediate precursor included in any of the schedules designated in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and amendments thereto.
(h) In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or person in control of the object concerning its use.
(2) Prior convictions, if any, of an owner or person in control of the object, under any state or federal law relating to any controlled substance.
(3) The proximity of the object, in time and space, to a direct violation of the uniform controlled substances act.
(4) The proximity of the object to controlled substances.
(5) The existence of any residue of controlled substances on the object.
(6) Direct or circumstantial evidence of the intent of an owner or person in control of the object, to deliver it to a person the owner or person in control of the object knows or should reasonably know, intends to use the object to facilitate a violation of the uniform controlled substances act. The innocence of an owner or person in control of the object as to a direct violation of the uniform controlled substances act shall not prevent a finding that the object is intended for use as drug paraphernalia.
(7) Oral or written instructions provided with the object concerning its use.
(8) Descriptive materials accompanying the object which explain or depict its use.
(9) National and local advertising concerning the object’s use.
(10) The manner in which the object is displayed for sale.
(11) Whether the owner or person in control of the object is a legitimate supplier of similar or related items to the community, such as a distributor or dealer of tobacco products.
(12) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.
(13) The existence and scope of legitimate uses for the object in the community.
(14) Expert testimony concerning the object’s use.
(i) Violation of this section is a Class B violation punishable under the Uniform Public Offense Code.
(Ord. 08-2008; Code 2016)
(a) Unlawful inhalation of toxic vapors from glue and related products is the intentional smelling or inhaling, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system, of the fumes of any glue containing a solvent having the property of releasing toxic vapors or fumes; provided, however, that nothing in this section shall be interpreted as applying to the inhalation of any lawfully administered anesthesia for medical or dental purposes.
Unlawful inhalation of toxic vapors from glue and related products is a Class B violation punishable under the Uniform Public Offense Code.
(b) Unlawful possession of a glue containing a solvent having the property or releasing toxic vapors or fumes is the possession of such a glue for the purpose of violating paragraph (a) hereof.
Unlawful possession of glue containing a solvent having the property of releasing toxic vapors or fumes is a Class B violation punishable under the Uniform Public Offense Code.
(c) Unlawful sale of a glue of a glue containing a solvent having the property of releasing toxic vapors or fumes is the act of selling, offering for sale, giving, delivering or causing the delivery of such a glue to any person for the purpose of enabling a violation of paragraph (a) hereof or with knowledge that the glue will be used for the purposes set forth in paragraph (a) hereof.
Unlawful sale of glue containing a solvent having the property of releasing toxic vapors or fumes is a Class B violation punishable under the Uniform Public Offense Code.
(d) As used in this section, the phrase “glue containing a solvent having the property of releasing toxic vapors or fumes” shall mean and include any glue, cement or other adhesive, the contents of which may include, but are not limited to, one or more of the following chemical compounds: acetone, acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether or toluene (toluol).
(Ord. 08-2008; Code 2016)
Public intoxication is being on a highway or street or in a public place of public building while under the influence of intoxicating liquor, narcotics or other drug to the degree that one may endanger himself or other persons or property, or annoy persons in his/her vicinity.
Public intoxication is a Class C violation punishable under the Uniform Public Offense Code.
(Ord. 08-2008; Code 2016)
Possession or transportation of incendiary or explosive device is the knowing possession or transportation of any incendiary or explosive material, liquid, solid or mixture, equipped with a fuse, wick, or any other detonating device, commonly known as “Molotov cocktail.”
Possession or transportation of an incendiary or explosive is a Class A violation punishable under the Uniform Public Offense Code.
(Ord. 08-2008; Code 2016)
Criminal use of noxious matter is the possession, manufacture or transportation of any noxious matter with the intent to use such noxious matter to the injury of persons and/or property, or the placing or depositing of such matter upon or about the premises of another person without the consent of such person. “Noxious matter” as used in this section means any bomb, compound or substance which may give off dangerous or disagreeable odors or cause distress to persons exposed thereto.
Criminal use of noxious matter is a Class A violation punishable under the Uniform Public Offense Code.
(Ord. 08-2008; Code 2016)
Projection of dangerous missiles is the act of throwing or projecting any ball, stone, brick, piece of wood, clay or other hard substance along, over or upon any street, alley, sidewalk or public ground or at or against any house, building, vehicle, or at or toward any person; provided, however, that the offense of projection of dangerous missiles shall not include the engaging in sports or recreational activities in areas provided for such activities and involving persons consenting to be engaged in or exposed to such activities.
Projection of dangerous missiles is a class B violation punishable under the Uniform Public Offense Code.
(Ord. 08-2008; Code 2016)
Defacing property with graffiti is the act of writing, spraying, scratching, or otherwise affixing graffiti upon any property, public or private, in which another has an interest and without the consent of such other person. As used in this section, the word “graffiti” means any unauthorized writing, inscription, word, figure or design which is marked, etched, scratched, drawn or painted on any structural component of any building, structure or other facility, regardless of the nature of the material used in its application or upon which it is applied.
Defacing property with graffiti is a Class C violation punishable under the Uniform Public Offense Code. In addition to any penalty prescribed under the Uniform Public Offense Code, the court may also order the defendant to perform the necessary labor to clean up, repair or replace the property damaged by that person, or to pay any costs incurred by the owner related to the cleanup, repair or replacement of property damaged by that person.
(Ord. 08-2008; Code 2016)
(a) Permitting a dangerous animal to be at large is the act or omission of the owner or custodian of an animal of dangerous or vicious propensities who, knowing of such propensities, permits or suffers such animal to go at large or keeps such animal without taking ordinary care to restrain it.
(b) For purposes of this section the following terms or words shall be defined as follows:
(1) The term “an animal of dangerous or vicious propensities” shall include but not be limited to any animal (i) that has attacked a human or a domestic animal without provocation, including snapping or biting at a human or domestic animal, and whether or not such attack was completed or any injury inflicted; or (ii) that has such a vicious propensity that it is determined by the animal control officer that it creates an unreasonable hazard or danger to the general public in the event of its release or escape from confinement.
(2) The word “provocation” shall mean the willful and intentional teasing, harassment, injuring or abuse of an animal; or the entry into a fenced or enclosed area or building in which an animal is lawfully kept or harbored, other than areas open to the general public during hours of such public access; or any threatening actions or conduct taken against, or battery of, a person, without legal cause or justification, and done in the presence of an animal which is owned, kept or harbored by such person or by a member of such person’s immediate family or household.
(c) Permitting a dangerous animal to be at large is a Class B violation punishable under the Uniform Public Offense Code.
(Ord. 08-2008; Code 2016)
(a) Stalking is the intentional, malicious and repeated following and harassment of another person.
Except as otherwise provided below, stalking is a Class B violation.
(b) Any person who violates subsection (a) when there is a temporary restraining order or an injunction, or both, in effect prohibiting the behavior described in subsection (a) against the same person is guilty of a Class A violation.
(c) Any person who has a second or subsequent conviction occurring against such person within seven years of a prior conviction under subsection (a) involving the same victim is guilty of a Class A violation.
(d) For purposes of this section, the following terms shall have the following meanings:
(1) “Harassment” means the knowing and intentional course of conduct directed at a specific person which seriously alarms, annoys or harasses the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person.
(2) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct”.
(e) This section shall not apply to conduct which occurs during labor picketing.
(Ord. 08-2008; Code 2016)
For the purposes of this article, vagrancy is defined as follows:
(a) Engaging in an unlawful occupation;
(b) Loitering on the streets or in a place open to the public with intent to solicit for immoral purposes; or
(c) Deriving support in whole or in part from begging.
Vagrancy is a Class C violation punishable under the Uniform Public Offense Code.
(Ord. 08-2008; Code 2016)
Trespassing for the purpose of parking a vehicle is the act of going upon property owned or occupied by another person for the purpose of parking any vehicle upon such property without invitation or authorization by the occupant or owner of said property.
Trespassing for the purpose of parking a vehicle is a Class C violation punishable under the Uniform Public Offense Code.
(Ord. 08-2008; Code 2016)
Window peeping is knowingly and without lawful authority:
(a) Entering into or going upon or about a private place with intent to look or peep into any window, door, skylight or other opening in a house, room or building for the purpose of surreptitiously observing the occupants therein; or
(b) Installing or using inside or outside a private place any device or equipment for the purpose of surreptitiously observing or recording visual images of the occupants therein.
Window peeping is a Class C violation punishable under the Public Offense Code.
(Ord. 08-2008; Code 2016)
Disturbance of religious assemblies is the disturbing of any congregation or assembly met for religious worship by making noise or by rude and indecent behavior within their place of worship or so near the same as to disturb the order and solemnity of the meeting.
Disturbance of religious assemblies is a Class C violation punishable under the Uniform Public Offense Code.
(Ord. 08-2008; Code 2016)
Public urination or defecation is the act of urinating or defecating in or upon any public street, sidewalk, alley, right-of-way, plaza or park, or in, upon or within any public building, public property, private parking lot, or in any place open to the public or exposed to the public view. This section shall not apply to urination or defecation utilizing appropriate fixtures in any restroom or other facility designed for the sanitary disposal of human waste.
Public urination or defecation is a Class C violation punishable under the Uniform Public Offense Code.
(Ord. 08-2008; Code 2016)
Wasting utilities is willfully causing the waste of any water, gas, steam or hot air conveyed by or through any pipe without the consent of the person owning or having control of such pipe.
Wasting utilities is a Class C violation punishable under the Uniform Public Offense Code.
(Ord. 08-2008; Code 2016)
(a) Promoting obscenity is knowingly or recklessly:
(1) Manufacturing, issuing, selling, giving, providing, lending, mailing, delivering, transmitting, publishing, distributing, circulating, disseminating, presenting, exhibiting or advertising any obscene material; or
(2) Possessing any obscene material with intent to issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise such material; or
(3) Offering or agreeing to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise any obscene material; or
(4) Producing, presenting or directing an obscene performance or participating in a portion thereof which is obscene or which contributes to its obscenity.
Promoting obscenity is a Class A violation punishable under the Uniform Public Offense Code.
(b) Evidence that materials were promoted to emphasize their prurient appeal or sexually proactive aspect shall be relevant in determining the question of the obscenity of such material, and shall create a presumption that the persons promoting the same did so knowingly or recklessly.
(c) Any material or performance is “obscene” if, considered as whole, its predominant appeal is to prurient, shameful or morbid interest in nudity, sex, excretion, sadism or masochism, and the material is patently offensive and utterly without redeeming social value. Predominant appeal shall be judged with reference to ordinary adults unless it appears from the character of the material or circumstances of its dissemination to be intended for distribution to children or other especially susceptible audience.
(d) As used in this section, the word “material” means any tangible thing which is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or other manner, and the word “performance” means any play, motion picture, dance or other exhibition performed before an audience.
(e) It is a defense of the prosecution for obscenity that the persons to whom the allegedly obscene material was disseminated, or the audience to an allegedly obscene performance, consisted of persons or institutions having scientific, education, governmental or other similar justification for possessing and viewing the same.
(f) The provisions of this section prescribing a criminal penalty for exhibit of any obscene motion picture shall not apply for a projectionist, or assistance projectionist; provided that he has no financial interest in the show or in its place of presentation other than regular employment as a projectionist or assistant projectionist. The provisions of this section shall not exempt any projectionist or assistant projectionist from criminal liability for any act unrelated to projection of motion pictures in commercial showings to the general public.
(Ord. 08-2008; Code 2016)
The practice of going in and upon private residences or premises within the city by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, for the purpose of soliciting orders for the sale of goods, merchandise or for the purpose of disposing of or peddling the same, where there is posted in a conspicuous place a No Peddlers or similar sign, is hereby declared to be a nuisance and unlawful.
Violation of this section is a Class C violation punishable under the Uniform Public Offense Code.
(Ord. 08-2008; Code 2016)
Unlawful conduct of fortune-telling is the engaging or carrying on of any business, trade or profession for consideration of any kind or nature of fortune-telling, palmistry, phrenology or clairvoyance or other such conduct or activities whereby any person purports to predict the personal future or fortunes of any other person; provided, however, that nothing herein shall limit or restrict the right of any person to engage in any political or social comment or debate.
Unlawful conduct of fortune-telling is a Class C violation punishable under the Uniform Public Offense Code.
(Ord. 08-2008; Code 2016)
(a) It shall be unlawful for any person to violate or attempt to violate any of the following ordinances of the Code of the City of Peabody, Kansas, by reason of any motive or intent relating to, or any antipathy, animosity or hostility based upon, the race, color, gender, religion, national origin, age, sexual orientation, ancestry, disability or handicap or another individual or group of individuals, to wit:
(1) Battery (Code Section 10-101; Uniform Public Offense Code, Section 3.1);
(2) Assault (Code Section 10-101; Uniform Public Offense3 Code, Section 3.3);
(3) Criminal Damage to Property (Code Section 10-101; Uniform Public Offense Code, Section 6.6);
(4) Criminal Trespass (Code Section 10-101; Uniform Public Offense Code, Section 6.7);
(5) Disorderly Conduct (Code Section 10-101; Uniform Public Offense Code, Section 9.1);
(6) Unlawful Use of Weapons (Code Section 10-101; Uniform Public Offense Code, section 10.2);
(7) Drawing a Weapon Upon Another (Code Section 10-101; Uniform Public Offense Code, section 10.2);
(8) Unlawful Possession of a Firearm (Code Section 10-101; Uniform Public Offense Code, Section 10.35);
(9) Unlawful Discharge of Firearms (Code Section 10-101; Uniform Public Offense Code, Section 10.5);
(10) Unlawful Operation of an Air Gun, Air Rifle, Bow and Arrow, Slingshot or BB Gun (Code Section 10-101; Uniform Public Offense Code, Section 10.6).
(b) It shall be unlawful for any person to knowingly assemble with two or more persons and agree with such persons to violate any of the criminal laws of the State of Kansas or of the United States with force or violence by reason of any motive or intent relating to, or any antipathy, animosity or hostility based upon the race, color, gender, religion, national origin, age, sexual orientation, ancestry, disability or handicap or another individual or group of individuals.
Violation of this section is a Class A violation punishable under the Uniform Public Offense Code.
(Ord. 08-2008; Code 2016)
(a) Minors. It shall be unlawful for any minor under the age of sixteen (16) years to loiter, wander, drive, or ride over any streets or otherwise be in public places or vacant lots in the City of Peabody between the hours of 10:00 p.m. and 5:00 a.m. of the following day.
It shall be unlawful for any minor person under the age of eighteen (18) years to loiter, wander, drive or ride over any streets or otherwise be in public places or vacant lots in the City of Peabody after the hour of 11:00 p.m. on Sunday through Thursday and before the hour of 5:00 a.m. the following day, or after the hour of 12:30 a.m. on Friday or Saturday and before 5:00 a.m. the following day.
Subject to conditions hereinafter set forth, the days and times may be established by the most recent City resolution which may be modified from time to time depending on circumstances then existing.
(b) It shall be unlawful for any person of any age to be in, upon or about the City Park after the hour of 11:00 p.m. on any day and before the hour of 5:00 a.m. the following day, except for persons attending or participating in City Park events scheduled with the City Clerk or the Chief of Police or the Recreation Commission, and except for persons making use of overnight camper or trailer accommodations upon prior arrangement with the Chief of Police or his or her authorized representative.
(c) The provisions of subsection (a) above shall not apply under the following circumstances:
(1) When the person, while in, on or about such prescribed areas, is at all times accompanied by his or her parent or legal guardian;
(2) When the person is traveling by the most direct route to or from such person’s place of employment, or to or from a church, school, or organized recreational activity that is sponsored or supervised by one or more adults;
(3) When the person is engaged in normal travel through the City by a direct, continuous route, or is engaged in normal travel by a direct route between a location outside the City and a location inside the City; or
(4) When the person is traveling by the most direct route to a destination under circumstances of an emergency nature necessitating such travel at such time.
(5) When the minor is attending or traveling directly to or from an activity involving the exercise of first amendment rights of free speech, freedom of assembly or free exercise of religion.
(d) Any law enforcement officer finding a person under the age of eighteen years in, upon or about any public street, alley, sidewalk, public park, public parking lot or other outdoor areas open to general public access within the City between the hours as designated in subsection (a) above may stop such person and ascertain the name and address of the person and determine if such person is in violation of the curfew restrictions of this article. If any such person refuses to give his or her correct name or address, or is found to be in violation of the curfew restrictions of this article, such person shall be taken to the police station and held until a parent or legal guardian of such person, or some other adult having the care or custody of such person, can be contacted and can come take charge of such person.
(e) It shall be unlawful for any parent, guardian or other person lawfully entitled to the care, custody or control of a person under the age of eighteen years to knowingly cause or permit such person to be in violation of this article.
(f) Violation of this section is a Class C violation punishable under the Uniform Public Offense Code.
(Ord. 12-2010; Ord. 06-2016; Code 2016)
The following proclamation shall be imposed in the event of mob action or civil disobedience existing in the City of Peabody:
(a) Whenever, in the judgment of the mayor or, in the event of the mayor’s inability to act, the president of the City Council, he or she determines that an emergency exists as a result of mob action or other civil disobedience causing danger or injury to or damages to persons or property, he or she shall have the power to impose by proclamation any or all of the following regulations necessary to preserve the peace and order of the City:
(1) To impose a curfew upon all or any portion of the City thereby requiring all persons in such designated area to forthwith remove themselves from the public streets, alleys, parks or other public places; provided, that physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, firemen and city authorized or requested law enforcement officers and personnel may be exempted from such curfew.
(2) To order the closing of any business establishments anywhere within the City for the period of the emergency, such businesses to include, but not limited to, those selling intoxicating liquors, cereal malt beverages, fuels, explosives or firearms.
(3) To designate any public street, thoroughfare, or vehicle parking areas closed to motor vehicles and pedestrian traffic.
(4) To call upon regular and auxiliary law enforcement agencies and organizations within or without the City to assist in preserving and keeping the peace within the City.
(b) The proclamation of emergency provided herein shall become effective upon its issuance and dissemination to the public by appropriate news media.
(c) Any emergency proclaimed in accordance with the provisions of this article shall terminate after forty-eight (48) hours from the issuance thereof, or upon the issuance of a proclamation determining an emergency no longer exists, whichever occurs first; provided, that such emergency may be extended for such additional periods of time as determined necessary by resolution of the Governing Body.
(d) Any person who shall willfully fail or refuse to comply with the orders of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing the proclamation of emergency authorized herein shall be deemed guilty of a Class C violation punishable under the Uniform Public Offense Code.
(Ord. 08-2008; Code 2016)
(a) No person operating or occupying a motor vehicle on a street, highway, alley, parking lot, or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.
(b) For purposes of this article, the term “sound amplification system” means any radio, tape player, compact disc player, loud speaker, or other electronic device used for the amplification of sound.
(c) For purposes of this article, the term “plainly audible” means any sound produced by a sound amplification system from within the vehicle which clearly can be heard at a distance of 50 feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley parking lot, or driveway.
(d) It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:
(1) The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
(2) The vehicle was an emergency or public safety vehicle;
(3) The vehicle was owned and operated by the City of Peabody or a gas, electric, communication or refuse company;
(4) The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in compliance with ordinances of the City of Peabody; or
(5) The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department of the City authorized to grant such approval.
(e) Violation of this section is a Class C violation punishable under the Uniform Public Offense Code.
(Ord. 858; Ord. 08-2008; Code 2016)