Loading...
HomeMy WebLinkAboutOrdinance 34- 646, Prevents and Punishes Intoxication, Fighting, Riots, Etc., Which Disturb Peace and Good Order and Decency; Repeals Ordinances 173, 181, 263, 559 and 565 ;,. Proof nend 427 and Checked ---!f::....:?:..:fr. ~~~.. . ORDINANOE NUMBER 646. AN ORDINANCE OF THE CITY OF BOZE~N TO PREVENT AND PUNISH INTOXICATION, FIGHTS, RIOTS, LOUD NOISES, DISORDERLY CONDUCT, OBSCENITY AND OTHER ACTS AND CONDUCT CALCULATED TO DISTURB THE PUBLIC PEACE AND ~UIET AND/OR WHICH ARE OFFENSIVE TO MORALS, GOOD ORDER AND DECENCY WITHIN THE CITY OF BOZEMAN AND WITHIN THREE MILES BEYOND THE CORPORATE LIMITS OF SAID CITY; AND REPEALING ORDINANCES NUMBERED 173, 161, 263, 559 and 565 OF THE CITY OF BOZEMAN, AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES OF SAID CITY IN CONFLICT HEREWITH. BE IT ORDAINED BY THE C6MMISSION OF THE CITY OF BOZEMAN: Section 1. General Provisions The provisions of this ord inanceshall apply to the Ci ty of Bozeman in any event, and to all territory wi thin three miles of the corporate limits of the City of Bozeman except as otherwise herein provided. Section 2. . Construct ion ot Ordinanoe This ordinance shall be given a 'liberal construction with a view to effect its purpose and promote its objects as declared in its title. Seotion 5. Sundry Disturbances No person shall unneoessarily disturb the peace or quiet of any street, neighborhood, family or person by loud or unusual noises, or make false alarms, or threaten, quarrel, scold, or provoke or commit an assault or threaten to commit an assault, or commit an assault and battery, or harbor or keep any habitually barking dog, or disturb the rest, sleep, peace and quietness of any person and/or neighborhood by maintaining and keeping nOisy poultry, animal or animals, nor by any other means or manner whatsoever, unnecessarily disturb th~ peace and quiet at any person or neighborhood. Section 4. Obscene And Vulgar Language No person shall ourse, or swear, or utter any obscene, vulgar or indecent language on any street or in any public plaoe, or which is audible on any street or public place. . // Seo't.1011 5. f/ Dog J'l8hts And The Like No person or persons shall, by agreement or otherwise, plan, encourage, . prollote, hold or give any dog fight, oockfight, or fight of any kind between animals; and it'is he,reby made the duty of any police off.ber of the City of "..,if:'" Bozeman to prevent and stop such figh's a114 arrest all persons aid ing, . promoting, or abetting the same. Section 6. Concealed-Weapons No person shall carry or bear concealed upon his or per person a dirk, d,agger, pistol, revolTer, sling-shot, sword, oaIle,>>illy, knuckles made of any metal or hard substance, ka'.',jeY1ng a blade tour (4) inches long or longer, ,- c, ." 42'8 razor, (not including a safety razor), or other dangerous or deadly weapon, without written permission from the proper authority with legal power to grant such permit. Concealed weapons within the meaning of this section shall be any weapon mentioned herein which shall be wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing such weapon. Section 7. . Fire Arms No person shall, exoept in neoessary defense of himself or others, or unless duly authorized by law, disoharge any fire arm; but this shall not apply to the discharge of fire arms on any legal rifle range of the National Guard or of any branch thereof, nor to the discharge of fire arms in any duly lioensed shooting gallery, nor by any duly authorized person. . Section 8. Bonfires No person shall build any bonfire in any street, alley, public place, or vacant lot, nor permit any bonfire to burn or smoulder in the night time; and shall at all times keep any such bonfire, when otherwise legally per- ~tted, under strict supervision and control so as not to endange~roperty or cause a smoke nuisance to any person or neighborhood. Section '.iil. Intoxioation Every person who shall be found drunk or intoxicated in any publio plaoe, or intruding upon any private premises without the oonsent of the ocoupant thereof, or who shall annoy, or frighten passersby on streets or sidewalks, or any public place, or shall be found sleeping, while intoxicated, in any public place, or upon private premises without the consent of the , owner or occupant thereof, or who shall commit any nuisance in any public place or upon private property, or make any indecent or improper exposure of person, shall be deemed guitty of a violation of this ordinance and upon conviction punished as herein-provided. Section 10. Opiam And Other Narcotio Drugs - I . No person shall indulge in the use of opium by smoking it or resort to or maintain o~ keep any plaoe where suoh smoking is permitted or indulged, , nor indulge in the habitual use of morphine, hero in, oocaine, or other harmful narcotic and/or habit-forming' drug or drugs; nor shall any person not duly licensed to do s~, s~ll or offer for sale or keep or possess for sale or gift, or make any gift ot, any such drug or drugs; and every place where opium is smoked or used, or kept, or sold, or offered for sale or 'gift, or to which resort is mad for suoh smoking, use, purchase, sale or gift, or where any habit-forming narcotio drug is used, kept for use, distribut ion" sale or gift, unless duly licensed, is herebydeolared to be a nuisance and - a violation of this ordinance. .'"'- . ,0:, "', ' . _,~ c' ~,.,.,.,~; . .', . ..-"....,. 429 Section 11. La iter,ing No person shall loiter or lounge around or upon any street, sidewalk, or public place so as to impede or obstruot the free passage of pedestrians or $0 as to embarrass or annoy pedestrians, and all such loiterers and loungers shall . promptly move on and refrain from suoh loitering and/or lounging upon order of any polioe officer or other person in authority. Seotion 12. Disturbing Meetings No person ~11 at any time wantonly disturb any lawful meeting or assembly by noise, rude, offensive or improper behavioy;:' or language of any kind, or otherwise, or at all. Seotion 13. , Indecent Exposure Or Exhibi t.ion No person shall make any in..cent or improper publio exposure of his or her person or be guilty of any indecent or lewd act or behavio~: in publio or - in any place where there are other persons preseni to be offended ~nd/or' annoyed thereby, orBing or recite any lewd or obscene song, or ballad, verses, or other words or writing, or printed matter, in any publio place or in any place where there are other persons present to be offended andlor annoyed thereby; and no person shall at any time Or place in public and/or when other persons may be offended or annoyed thereby, make any indecent or improper exhibition of any animal. Section 14. Cruelty To Animals No person shall unneoessarily beat 'or otherwise abuse, any dumb animal, nor place or distribute any poison or poisoned food or artiole with intent to cause injury or death to any dog or other domesticated animal. sect ion" 15. , Games In The Street. The playing of baseball, 'footAall, )aaketball, or any other game, in the streets and alleys within the corporate ~imi~. of the City o~ Bozeman is ~o:rbidden. Secti"on 16. . Mi8use Of Telephone No person shall, within the City of Bozeman, Wilfully annoy or disturb any other person by ringing, or causing to be rung, any telephone bel~, or by calling, or causing to be called any p~r.on over any telephone for the pur- pose of disturbing or annoying any such person, or use profane, or obscene, or abusive language over any telephone. Section 17. Interfering With City Officials No person shall interfere with, obstruct .'~ intimidate any official or employe of the City or Bozeman i.n,tl1e performance of his or her official duty; nor shall any person assault or threaten mo assault nor use any abusive or 430 insulting language toward such official or employe in his or her presence in connection with or arising out of any business of the City ot Bozeman there- tofore, then being, or thereafter to be, done, transacted or performed by such official or employe tor, and as representative of the City otBozeman in any capacity. Seotion le. Injury To Property-Shade ~rees No person shall, within the City of Bozeman, wilfully and/or wantonly destroy, injure or deface the goods or property of another; nor wantonly destroy, break or injure any shade, fruit or ornamental tree, flower, flowers or flower bed, nor habitually trespass upon the lawn, garden or premises of another nor leave or deposit refuse, rubbish or garbage thereon at any time. Section 19. Disorderly Houses Prohibited No person shall conduot, maintain or keep, any disorderly house. For the purposes ot this section a disorderly hoaae is any house, room, tent or other structure or plac~ of abode in which people live or abide or to which they resort, to the disturbance and/or annoyance or of tense of the neighbor- hOOD or Passersby, or for purposes which are injurious to the public peaoe, quietness, safety, health, mora Is and convenience, or in which there is illegal sale of beer, wine, whiskey, or ,any intoxicating liquor, or in which iambling ics carried on, or in which prostitution is practiced, or which is hapitually ~sed for purposes of assignation and/or prostitution or 1s the resort of criminals, vagrants, or other idle, disolut e or immoral persons, or to which persons resort for the purpose of concocting or ... planning crimes or misdemeanors, or other offenses ,against the publici peaoe, health, safety, morals and good order. Section 20. House Of Prostitution Or Assignation No person shall keep, maintain, operate, manage, ocoupy and/or be an . inmate 'or frequenter of or visQtor at, or invite or solicit another to .... frequent or visit, any house of prostitution, bawdy house, house of assignation or other immoral use, in the City of Bozeman ~nd three miles beyond the oorporate limits thereof. Within the meaning of this seotion the word "house" includes any room, cabin, tent, hotel, lodging house, or other structure and/or enolosure where such prohibited praotice and/or pr~ctices is or are permitted and/or carried on. Section 21. I~toxicating Liquor Defined For the general purposes of this ordinance "intoxioating liquor" is defined to mean any wine or liquor generally and ordinarily regarded as intoxicating by the general run of people; and, specifioally, it is defined and ine ludes any;, alcoholic, spirituous, VillOUS, termented, malt or other \ .'.' , .,.",.. <h. :.' :.,:' ':i:::, ,,..' ~. ~~ ~::" . . ..". ....' "', .., .. 4;11- liquor, which contains more than one per oentum (l~) of aloohol by weight. . Seotion 22. Drinking Intoxicating Liquor In Public Places Intoxicating Liquor lawtu11y possessed by, or lawfully in the possession \ I of, any person, may be kept, had, given and consumed, only in the residence or room in which such person resides, exoept in the case of beer purchased and consumed pursuant to the Montana Beer Aot and any beer lioensing ordinanoe of the C1 ty of Bozeman; and exoept as herein provided and permitted, no person shall oonsume intoxioating liquor, as'defined in this ordinance, in any publio place. Sect ion 25. Public Place Defined "Public Plaoe" as used in this ordinance means and includes any place, . building, room, or conve,yance to which the public has or is permitted to have - access and any plaoe of public resort. Sect ion 24. Selling Or Giving Liquor To Minors Except in the case of liquor given to a minor by his or her parent or guardian for beverage or medicinal purposes, or administered 'by his or her phys ician or' dent ist for medic ina1 purposes, or sold to him or her by a duly .1 authorized vendor or druggist upon the prescription of a physician, no person shall sel~, give, or otherwise supply intoxicating liquor to a minor ora id , encourage or abet any minor to consume intoxioating liquor. Section 25. , Penalties '" Any person violating any provision of this ordinance shall be punished by a fine in any sum not less than one dollar and nor more than three hundred dollars, or be imprisoned in the oity or county jail for not exceeding six months, or by both 'uch tine and impriso~ent. If any fine imposed under this ordinance shall not be paid, the person fined shall be confined in the city or county jail one day for each two dollars of such fine.' 8ec.tion 26.. ... " Ordinances Repealed Ordinances nUmbered 173, 181, 263, 059 and 565 of the City of Bozeman, and all ordinances and parts of ordinanoes of the City of Bozeman in direct conflict herewith are hereby repealed; but in the event of any doubt arising _I ~s to the repeal hereby of any ordinanoeor any provision of any ordinance of the Oi ty of Bozeman not ,pee ifioally hereby mentioned and repealed, such doubt shall be resolved against suoh repeal and such ordinance or provision of such ordinance shalf be held to be i,n full foroe and effect and in supl)ort and in aid of the provisions of this ordinanoe and not in derogation hereof nor in conflict herewith. 'I '. ~ .,.'.,. - ., ~ ,'. ': Section 27. Separability Provision If any provision of this ordinance, or the application thereof to any person or oircumstances, is held invalid, the remainder of the ordinance, and the application of such provision to other persons or circumstances, I ,. shall not be affeoted thereby. Seotion 28. Effective Date This ordinance shall be in full force and effeot from and after thirty (30) days after its adoption. Passed and adopted by the Commission of the City of Bozeman this 13th day of April, 1'.iil34. Introduced, read tor the fir~t time and provisionally passed by the Commission of the City of Bozeman this 6th day of April, l'i134; final . passage fixed for the 13th day of April, 1934. I Effective May 13, 1934. I, Carolyn Westlake, Clerk of the Commission of the City of Bozeman, Montana, hereby oertify that the foregoing Ordinance No. 646 of the City of Bozeman, Montana, was published by title in the Bozeman Daily Chronicle, a daily newspaper of general circulation, printed and published in said City of Bozeman,. in the issue of April 15, 1934, and that due proof of said publication was made and filed in my office. IN WITNESS WHEREOF I hereunto set my hand and the seal of my aftic. this 16th day of April, 1934. 1-