HomeMy WebLinkAbout0155 Loitering and Obstructing 1975ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ~KING
UNLAWFUL LOITERING OR PROWLING UNDER CIRCUMSTANCES
HEREIN DESCRIBED; MAKING UNLAWFUL THE OBSTRUCTION OF
PEDESTRIAN, VEHICULAR OR OTHER FO~'~S OF TRAFFIC ON
SIDEWALKS, STREETS, ALLEYS OR WAYS TRAVELED BY THE
PUBLIC; IMPOSING CRIMINAL PENALTIES~ REPEALING ALL
PRIOR ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO
THE EXTENT OF SUCH CONFLICTS; PROVIDING FOR THE
SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE;
AND PROVIDING WHEN THIS ORDINANCE SHALL BECO~E
EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
SECTION 1: Loitering. or ~rowlin9. It shall be unlawful
for any person to loiter or to orowl in a place at a time or in
a manner which, under the circumstances, warrants alarm for the
safety of persons or property in the vicinity. Among the cir-
cumstances which may be considered in determining whether such
alarm is warranted are flight upon appearance of a peace officer,
refusal to identify one's self, or manifest efforts to conceal
one's self or any object. Unless flight by the actor or other
circumstances make it impracticable, a peace officer shall prior
to any arrest for an offense under this section afford the actor
an opportunity to dispel any alarm which would otherwise be war-
ranted, by requesting him to identify himself and to exolain his
presence and conduct. No person shall be convicted of an offense
under this section if the peace officer did not comply with the
preceding provision, or if it appears at trial that the explana-
tion given by the actor was true and, if believed by the peace
officer at the time, would have dispelled the alarm.
SECTION 2: Obstructing Traffic. It shall be unlawful for
any person to obstruct the flow of pedestrian, vehicular or other
form of traffic by placing himself or any object upon any side-
walk, street, alley or other way traveled by the public, in such
a manner as to create such obstruction. No person shall be con-
victed of an offense under this section unless a peace officer
has requested him to move himself or the object in question in
order to discontinue obstructing traffic, and said person fails
to comply with the request, within one minute.
SECTION 3: Penalties. Violation of either of the foregoing
sections is hereby declared to be a misdemeanor, and shall be
punishable by a fine not exceeding three hundred dollars ($300.00),
incarceration for a period not exceeding six (6) months, or by
both such fine and incarceration. Each occasion during which such
violation takes place may be deemed a separate offense.
SECTION 4: Repeal. The provision in any prior ordinance
which undertakes to impose criminal penalties for the same conduct
governed herein, and which cannot be construed consistently with
this ordinance, is herebY repealed to the extent of such conflict.
SECTION 5: Severability. If any section, paragraph, clause
or provision of this ordinance is held invalid by any court of
competent jurisdiction, for any reason, such holding shall not
affect the validity or enforceability of any of the remaining pro-
visions.
SECTION 6: Effective Date. The rule requiring ordiances to
be read on three separate days is hereby dispensed with and this
ordinance shall become effective upon its passage, approval and
publication as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE ~AYOR of the City
of Chubbuck, Idaho, this 10 %h day of June , 1975.
Mayor
ATTEST:
City Clerk