CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\ARTICLE 2. LOCAL PROVISIONS

It is unlawful for any person to play ball, or throw or project any ball, stone, brick, ball of snow or ice, or any other substance over or upon Main Street, or within one block thereof between Fourth Street and Ninth Streets in the city, or against any building or vehicle in the city, or at or toward any person in the city, or to throw any rock or other missile on a sling within the corporate limits of the city.

(Code 1977, 9.24.010; Code 1997, 11-101; Code 2015)

The following words and phrases when used in this chapter, have the meanings respectively ascribed to them in this section except when the context otherwise requires:

(a)   Loitering means remaining idle in essentially one location and includes the concepts of spending time idly, to be dilatory, to linger, to stay, to saunter, to delay, to stand around, and also includes the colloquial expression hanging around.

(b)   Public place means any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It also includes the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks.  

(Code 1977, 9.26.010; Code 1997, 11-103; Code 2015)

(a)   It is unlawful for any person to loiter, loaf, wander, stand or remain idle either alone or in consort with others in a public street in such manner so as to:

(1)   Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians;

(2)   Commit, in or upon any public street, public highway, public sidewalk or any other public place or building, any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress and regress therein, thereon and thereto.

(b)   When any person causes or commits any of the conditions enumerated in subsection (a) of this section, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders is guilty of a violation of the provisions of this chapter.

(Code 1977, 9.26.020; Code 1997, 11-104; Code 2015)

It is unlawful for any person to disrupt the normal activity, disturb the peace, or to remain, to idle or to loiter at any time on or about the premises or grounds of any public library or of any public or private school or school buildings and/or assembly of students for any school activities or athletic events conducted by such public or private schools. Any student or any person who is not enrolled in the public or private school, or who has been suspended or dismissed from the public or private school, or who persists in staying or remaining on or about the premises or grounds without any lawful purpose is guilty of the offense of loitering.

(Code 1977, 9.26.030; Code 1997, 11-105; Code 2015)

It is unlawful for any persons to assemble or congregate upon any sidewalk or crosswalk in the city, in such manner as to impede or obstruct the free passage of pedestrians thereon.

(Code 1977, 9.28.010; Code 1997, 11-106; Code 2015)

It is unlawful for any person to cut down, top, girdle, break or otherwise injure or destroy any shade, ornamental or fruit tree or trees standing or growing in any of the streets, alleys or other public places in the city, or on the property of another, except when necessary to prevent contact with electric light, telephone or telegraph wires, or conduit, sewers, water or gas mains, or pipes, and other public utility, or, when such tree shall encroach upon any street or alley to the extent that it may interfere with traffic or travel thereon.

(Code 1977, 9.36.040; Code 1997, 11-111; Code 2015)

It is unlawful for any person, without the permission of the proper city authorities, to take possession of any property or effects belonging to the city or to which the city may be entitled to possession of, or to withhold from the proper city authorities the possession of any such property or effects.

(Code 1977, 9.36.050; Code 1997, 11-112; Code 2015)

It is unlawful for any person to stick, paste, print, paint, or post any bill, placard or advertisement upon any public building or property in the city, or upon any private fence, building or property therein, without having first obtained the permission of the owner of such building or property. 

(Code 1977, 9.36.060; Code 1997, 11-113; Code 2015)

(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)   Sound amplification systems means any radio, tape player, compact disc player, loud speaker, or other electronic device used for the amplification of sound.

(c)   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 of 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 Kiowa or a gas, electric, communications 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 Kiowa;

(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)   Any person, individual, partnership, corporation or association who violates any of the provisions of this section is guilty of an ordinance violation, and upon conviction, shall be punished by a fine not to exceed $500. Each day any violation hereof is found to exist or continues to exist shall be a separate offense and punishable as such hereunder.

(Ord. 311; Code 2015)

(a)   No person shall throw, scatter or deposit, or cause to be thrown, scattered or deposited, upon any highway or street any organic or inorganic debris, including grass or weed clippings and leaves or brush, likely to be unsightly or to impair the use or enjoyment of the highway or street by adjoining owners or the public in general.

(b)   Any person who throws, scatters or deposits, or causes to be thrown, scattered or deposited, upon any highway or street any materials specified in subsection (a) above shall immediately remove the same or cause it to be removed.

(c)   Violation of this section is punishable by fine not to exceed $1,000.00.

(Code 2015)