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0032 Vandalism 1955ORDINANCE NO. 03-+ AN ORDINANCE MAKING IT A CRIMINAL OFFENSE TO DEFACE OR DESTROY PROPERTY; TO DESTROY OR INJURE CITY PROPERTY; TO INJURE STREET LIGHTING :SYSTEM OR FAIL TO Ii REPORT INJURY TO LIGHTING SYSTEM; TO INJURE PROPERTY OF PUBLIC LIBRARY; TO INJURE STREETS OR CAUSE BUILDII,dG STRUCTURES TO BE BUILT ON PUBLIC STREETS OR ALLEYS; TO CONDUCT GAMES ON STREETS; TO OBSTRUCT OR INJURE STREETS; TO DRIVE ON SIDENTALKS; TO SPIT OR THROW TOBACCO ON SIDEWALKS AND FLOORS; TO TRESPASS UPON OR DA1UGE PUBLIC OR PRIVATE PROPERTY; AND PROVIDING FOR THE PENALTY THEREOF; R.c:,PEALING ORDINANCES IN CONFLICT THEREIUITH; ARID DECLARING AN EMERGENCY. WHEREAS, the Board of Trustees of the Village of Chubbuck finds: That there have been a number of instances where public and private has been defaced and destroyed by trespassers and persons willfully and malici ly desiring to injure the property of others; and WHEREAS, there have been a number of instances where the street lighting system has been injured or damaged and destroyed and that no report has been made thereof to the police department, thus endangering the public health, wel- fare, and morals; and 1,1HEREAS, there have been certain instances occurring wherein there has beet injury to the public records, books, pamphlets, papers, legal notices, and the destruction thereof; and WHEREAS, there have been certain instances where persons have threatened to build structures, maintain or erect structures upon certain streets or alley, thus threatening to obstruct and injure the streets and alleys; and I]HEREAS, there have been certain persons driving, riding or leading vehicl4s and animals upon and across the sidewalks of the Village of Chubbuck at a point other than where driveways are built as entrances to public and private premise ; and 10HEREAS, there have been numerous instances where persons have maliciously injured property by spitting or throwing tobacco upon sidewalks, floors, and walls thereof; and '4HEREAS, there have been numerous instances where trespasses have been committed upon both public and private property; and WHEREAS, due to these conditions now prevailing in the Village of Chubbuck the instances above =named have become so increased as to become a menace to the preservation of the public peace, safety, health, morals and welfare; WFEREAS, there exists a condition where certain games and activities are being engaged in upon streets and sidewalks causing an obstruction to pedest and vehicle traffic; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF CHUBBUCK; SECTION (A) "Defacing or Destroying Property." It shall be un- lawful for any person within the limits of the Village of Chubbuck to wilfully i injure, deface or destroy, or secrete any goods, chattels or valuable papers ofl another, or to prepare any deadfall, or to dig any pit, or arrange any trap to injure anothers' person or property or to take down or injure any monument or I street sign, or any boundary mark of any tract of land or city lots, or to des -1 troy or injure any shade tree or fruit tree, or any other kind of public or prij i vate property or to deface any sidewalk or street with paint, signs or other advertisements. (P) "Destroying Or Injuring City Property." It shall be unlawful for anyl person to mutilate, deface, injure or destroy, remove, pull down, break or in any manner interfere with or molest any paving, pole, conduit, waterway, side- I walk, curb, gutter, hydrant, lamp post, fire alarm box or other structure or improvement belonging to the Village of Chubbuck, or any other municipal cor- poration within the Village limits, or belonging to any private person, firm or corporation. The property herein referred to shall include the city jail, its premises and appurtenances; buildings and premises used by the Fire Department, Village pound, school buildings, property and appurtenances, and any other built ings or structures used by or for the Village or school district, and also side- walks, gutters, ditches, flumes, aqueducts, fills, grades, waterworks plant, hydrants, hose, pipe and paraphernalia, and all village equipment. (C) "Injury To Street Lighting System." "Failure To Report Injury." It shall be unlawful for any person who has injured or destroyed any standard, globe, light or other adjunct of the street lighting system not to renort the full details thereof to the Police Department within one hour after the occur- rence. (D) "Public Library" "Injury to Property of ". It shall be unlawful for any person to mark, tear or in any manner injure, deface, mutilate or destroy any book, pamphlet or other property of the free public library. It shall be unlawful for any person to fail to return any book, pamphlet or other property of the free public library within five days after the receipt of notice from t: Librarian demanding return to the library of such property. (E) "Streets" "Building Structures In" It shall be unlawful for any person or persons to erect, build or maintain or cause to be erected, built or maintained in or upon any street, alley, sidewalk or other public place within the village limits any building, house or outhouse, or structure of any kind, to erect any such building, house, outhouse or structure in such manner as to interfere with the free use of such street, alley, sidewalk or other public place. (F) "Streets" "Games On" It shall be unlawful for any person or persons to throw stones upon any street of the Village or to play ball, marbles, tops r or other games on the streets or sidewalks in such manner as to obstruct such j streets, sidewalks, or alleyes, or to render the same inconvenient or dangerous to travelers along such street, alley or sidewalk. (G) "Streets" "Obstruction Or Injury Of" Tt ;;hall be unlawful for any person to injure or obstruct or cause to be injured or obstructed any public street, alley, sidewalk, or bi´┐Że, or to dig up any of the streets, alleys, sidewalks or public grounds at any place within the limits of the Village of Chubbuck except under conditions prescribed by ordinance, or to place or leave or per --fit to be placed or left in any street, alley or sidewalk any wagon, cart barrow, handcart, sleigh, or other vehicle or any lumber, wood, timber, or any other article whatsoever, in such manner as to obstruct or interfere with the public use of any street, alley, sidewalkk or public grounds. (H) "sidewalks" "Driving On Prohibited" No person shall drive, ride or lead any animal or vehicle upon or across any sidewalk in the Village of Chub- buck, except where driveways are built as entrances to public or private pre- mises; Provided no such driveways shall be permitted in the congested district unless by special consent of the Board of Trustees. (I) "Sidewalks and Floors" "Spitting or Throwing Tobacco On Prohibited" It shall be unlawful for any person to expectorate upon or throw any cigar or cigarette stump or quid of tobacco upon the floor of any car, elevator or publi conveyance or upon the floor of any public building or on any paved sidewalk. (J) "Trespass" It shall be unlawful for any person to take down any fenc or to let down any bars, or to open any gate so as to expose any enclosure, or ride, drive, walk, lodge, camp or sleep on the premises of another without the permission of the owner or occupant thereof. And further it shall be unlawful for any person to cut down, destroy, or injure any kind of wood or timber be -' longing to another standing or growing upon the lands of another or to carry away any kind of wood or timber lying on such lands; or to maliciously injure or sever from the freehold of another anything attached thereto or the produce thereof; or to dig, take, or carry away from any lot situated within the limits of the Village of Chubbuck without the license of the owner or legal occupant thereof any earth, soil, stone; or dig, take or carry away from any land in,;,ny of the land situated within the Village of Chubbuck laid down on the map or pl of such village or established as a street, alley, avenue or park, without the license of the proper authorities, any earth, soil, or stone; or willfully cover up or encumber in any manner, land or village lot of another without the written permission from the owner or custodian thereof. (k) "Penalties" Every person violating the provisions of this Section shall be fined not less than $25.00 nor more than $300.00 or confined in jail not more than 30 days or punished by both said fire and imprisonment for each offense. (L) "Repeal of Conflicting Ordinances." All existing ordinances of the Village of Chubbuck are hereby repealed insofar as they may be inconsistent wi the provisions of this ordinance. (M) "Separability of Provisions." It is the intention of the Board of Trustees of the Village of Chubbuck that each separate provision of this ordinan e shall be deemed independent of all other provisions herein and it is further the intention of the Board of Trustees that if -any provisions of this ordinance be declared invalid, all other provisions thereof shall remain valid and enforceabl . (N) "Finding of Emergency." This ordinance is passed as an emergency mea- sure, and the Board of Trustees of the Village of Chubbuck and the Board does the vote by which this ordinance is passed hereby declare that an emergency exis which makes it imperative that this ordinance shall become effective forthwith, the nature of said emergency being as follows: The increasing instances of des- truction of public and private property and the obstruction and damage to public sidewalks and streets, so that it is necessary to preserve the public peace, Safi ty, health, morals and welfare by making it a criminal offense to violate any provisions of the ordinance aforementioned and as a means of curtailing the acts herein legislated against. Adopted this laAay of Apr;.l, 1955. BOARD OF TRUSTEES OF TIE VILLAGE OF r,HUBBUCh .John (ATTEST: C. VINE., Clerk, Board of Trustees of the Village of Chubbuck lenty, Chairman oVthe Board of s of the Village of Chubbuck