Loading...
0155 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