Rawlins Municipal Code
Title 9
Chapters:
9.24 CONSUMER PROTECTION
(Reserved)
Chapter 9.04
Sections:
Section 9.04.010 Disobeying order of
police officer or
fireman.
It is unlawful for any person to knowingly
disobey the lawful
or reasonable order of any police
officer, peace officer or fireman in the discharge of any lawful act or duty. (Ord. 3-96: Ord.
11E-78
§ 9-1.2)
A. It is unlawful for
any person to
knowingly resist, interfere with or impede or obstruct any
police officer, fireman, city employee or other public official who is attempting to discharge or in
the course of discharging an official duty.
B. It is unlawful for
any person to
threaten violence, reprisal or other injurious act to any
police officer, fireman, city employee or other public official who is engaged in the performance
or attempted performance of his official duties or make a threat, verbally or otherwise, by reason
or on account of the performance or attempted performance of his official duties. (Ord. 3-96:
Ord. 11E-78 § 1:prior code § 19-1)
A. It is unlawful for
any person to
prevent or attempt to prevent a police officer, acting under
color of his official authority, from effectuating an arrest of any person by:
1. Using or
threatening to use physical
force or violence against the police officer or another;
or
2. Using any other
means which creates
substantial risk of causing a physical injury to the
police officer or another.
B. A police officer
is "acting
under color of official authority" when, in the course of his
duties, he is called upon to make or does, in fact, make a good faith judgment based on
surrounding facts and circumstances that an arrest should be made. It is not a defense to a
prosecution under this section that the arrest was unlawful, if the police officer was acting under
color of his authority and did not use unreasonable or excessive force in effecting the arrest.
(Ord. 3-96: Ord. 8P-83 § 2: prior code § 19-1.1)
No person shall cause any branch of municipal
government
to provide or terminate a service to
that person, or another, knowing that the service being requested, terminated or called upon is not
needed or wanted by the person to receive the service or termination of service. (Ord.
3-96)
It is unlawful for any person to falsely assume or
pretend
to be any officer or employee of the
city or any judicial, executive or law enforcement officer of the state, county or city or to act as
such. (Ord. 3-96: prior code § 19-2)
No person shall assist, aid or abet, or attempt to
aid, assist
or abet, any other person to escape
from custody of the City police officers or Municipal Court bailiffs. (Ord. 3-96)
Any person who fails to appear for court at the
time and
place scheduled for such appearance
when lawfully ordered to do so by a police officer, authorized officer of the court or the
municipal judge is guilty of a violation of this code. (Ord. 3-96: Ord. 8A-90)
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Chapter 9.08
Sections:
9.08.010 Assault and battery.
Section 9.08.010 Assault and battery.
Whosoever, in a rude, insolent or angry manner,
unlawfully
touches another is guilty of an
assault and battery. (Ord. 3-96: Ord. 12C-77 § 1: prior code § 19-29)
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Chapter 9.12
Sections:
Section 9.12.010 Malicious
mischief-Prohibited.
It is unlawful for any person to wilfully and
maliciously
damage, deface, injure, remove, carry
or take away or otherwise unlawfully assume control of any property, whether public or private,
real or personal, which is not his own. (Ord. 3-96: prior code § 19-39)
A. Any person who
steals, takes and
carries, leads or drives away the property of another
with the intent to deprive the owner or legal possessor thereof is guilty of larceny.
B. Any person who
buys, receives,
conceals or disposes of property which is known,
believed or would reasonably be believed to have been the subject of larceny is guilty of larceny
by receipt.
C. Any person who
procures food, drink
or accommodations at a public establishment
without paying for such in accordance with the agreement with the public establishment, and
with intent to defraud such, is guilty of larceny.
1. "Agreement
with the public
establishment," as used in this section, means a written or
verbal agreement on the price charged for, and the acceptance of food, beverage, service or
accommodations, where the price charged is printed on a menu or schedule of rates shown to or
made available to the patron by the public establishment. Acceptance of food, beverages,
service
or accommodations for which a reasonable charge is made is an agreement with a public
establishment.
2. "Public
establishment,"
as used in this section, means an establishment selling, or offering
for sale, prepared food or beverages, or leasing or renting overnight sleeping accommodations to
the public generally, unless the rental is on a month-to-month basis or longer period of
time.
D. Any person who
knowingly obtains
property from another person by false pretenses with
intent to defraud the person is guilty of larceny.
E. Any person who
obtains services
from another which are known, or reasonably should be
known, to be available only for compensation, with intent to defraud, without paying for such
services, is guilty of larceny. (Ord. 3-96: Ord 3-91: Ord. 12B-77: prior code §
19-47)
A. A person is
guilty of littering
if he deposits in any manner waste, whether solid or liquid,
upon the property of another or the public. Operators of motor vehicles are responsible
under
this section for the disposition or ejection of waste material from the vehicle while the vehicle is
being operated on the streets or alleys of the city, or upon the property of another within the
city.
B. In addition to the
penalties authorized
in Section 1.08.010, the court may suspend all, or
part, of the sentence and order that the person convicted perform public service not to exceed
twenty-five hours removing litter from public properties within the community as a condition of
probation. (Ord. 3-96: Ord. 10-90)
If any person hinders or obstructs the making or
repairing
of any pavement, sidewalks or
crosswalk which is or may be in course of construction pursuant to any ordinances, resolutions or
orders of the city council, or hinders or obstructs any person employed by the city council, or the
person employed by him, in making or repairing any public improvement or work ordered by the
city council, every such person shall be deemed guilty of a misdemeanor. (Ord. 3-96: prior code
§ 19-42)
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A. A person is
guilty of criminal
trespass if he enters or remains on the land or premises of
another knowing, or having reason to know, that he is not authorized to do so, or after being
notified to depart the premises or not to trespass. For purposes of this section, notice is
adequate
when given by:
1. Personal
communication to the person
by the owner, the occupant, the agent of the
owner,or by a peace officer; or
2. Posting of signs
reasonably likely
to come to the attention of intruders which indicate that
entry is prohibited or restricted.
B. It is a violation
of this section
for any person to enter or remain upon any enclosed and
fenced land owned, leased or controlled by the city without lawful purpose and without the
permission of the city manager or his agent. (Ord. 3-96: Ord. 6-91: prior code §
19-43)
Any person who wilfully conceals or wilfully
takes possession
of any goods offered for sale by
a wholesale or retail store or other mercantile establishment, without the knowledge or consent of
the owner thereof, and with intent to convert the goods to his own use without paying the
purchase price therefor, is guilty of shoplifting. (Ord. 3-96: prior code § 19-44)
Any police officer, special police, merchant or
merchant's
employee who has reasonable cause
for believing that a person has committed the crime of shoplifting may detain and interrogate the
person in regard thereto in a reasonable manner and for a reasonable time. (Ord. 3-96: Prior code
§ 19-45)
Where a police officer, special police, merchant
or merchant's
employee with reasonable cause
for believing that a person has committed the crime of shoplifting detains and interrogates such
person in regard thereto and such person thereafter brings against the police officer, special
police, merchant or merchant's employee a civil or criminal action for slander, false arrest, false
imprisonment, assault, battery or wrongful detention based upon the detention and interrogation,
such reasonable cause shall be a defense to the action if the detention and interrogation were
done in a reasonable manner and for a reasonable time. (Ord. 3-96: Prior code §
19-46)
It is unlawful for any person to leave or place
upon or against
any telegraph, telephone or
electric light pole or electric light standard within the city any advertisement of any character or
description. (Ord. 3-96: prior code § 3-1)
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For the purposes of Sections 9.12.120 through
9.12.170 the
following words and phrases shall
have the meaning respectively ascribed to them:
A. "Handbill" means any printed or
written matter,
any sample or device, dodger, circular,
leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies
of any matter of literature.
B.
"Newspaper" means any
newspaper of general circulation as defined by general law, any
newspaper duly entered with the Post Office Department of the United States, in accordance with
federal statute or regulation, and any newspaper filed and recorded with any recording officer as
provided by general law; and in addition thereto, means and includes any periodical or current
magazine regularly published with not less than four issues per year, and sold to the public, and
means and include any other copyrighted material.
C. "Vehicle"
means any device
in, upon or by which any person or property is or may be
transported or drawn upon a highway, including devices used exclusively upon stationary rails or
tracks. (Ord. 3-96: prior code § 3-13)
The provisions of Sections 9.12.120 through
9.12.170 shall
not apply to the distribution of
mail by the United States, nor to newspapers, except that newspapers shall be placed on private
property in such a manner as to prevent their being carried or deposited by the elements upon any
street, sidewalk or other public place or upon private property. (Ord. 3-96: prior code §
3-14)
No person shall throw, deposit or distribute any
handbill
in or upon private premises which are
inhabited, except by handling or transmitting any such handbill directly to the owner, occupant or
other person then present in or upon such private premises; provided, however, that in case of
inhabited private premises which are not posted, such person, unless requested by anyone upon
the premises not to do so, may place or deposit any such handbill in or upon the premises if the
handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted
about the premises or sidewalks, streets or other public places, and except that mailboxes may
not be so used when so prohibited by federal postal law or regulation. (Ord. 3-96: prior code
§
3-15)
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No person shall throw, deposit or distribute any
handbill
upon any private premises, if
requested by anyone thereon not to do so, or if there is placed on the premises a sign bearing the
words: "No Trespassing," "No Peddlers or Agents," "No
Advertisement" or
any similar notice
indicating in any manner that the occupants of the premises do not wish to have their right of
privacy disturbed, or to have any handbills left upon the premises. (Ord. 3-96: prior code §
3-16)
It is unlawful for any person to throw or deposit
any handbill
in or upon any private premises
which is uninhabited or vacant. (Ord. 3-96: prior code § 3-17)
No person shall throw or deposit any handbill in
or upon
any vehicle. (Ord. 3-96: prior code §
3-18)
It is unlawful for any person to hand out or
distribute or
sell any handbill in any public place;
except that a handbill may be personally delivered to any person willing to accept it. (Ord. 3-96:
prior code § 3-19)
A. No person shall ride any motorized vehicle, other than maintenance and
approved handicap
designated vehicles with a wheel base less than 32 inches and weighing under 500 pounds, on
any portion of the City of Rawlins Pedestrian/Bike path, except that motorized vehicles are
allowed on any portion of the path which is also a dedicated public street.
B. The penalty for any person found to be in violation of section (A) of this
ordinance
shall be a
fine of seven hundred fifty dollars ($750.00), court costs and restitution. (Ord. No. 09-01,
Adopted 09/18/01)
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Chapter 9.16
Sections:
Section 9.16.010 Declaration of
emergencies.
A. Whenever in the judgment of the
City Manager and/or
chief of police it is determined that
an emergency exists within the city as a result of mob action, fighting or threatening to fight,
violent or tumultuous behavior or other civil disobedience causing danger of injury to or
damages to persons or property, they shall have the power to impose any regulations necessary to
preserve the peace and order of the city.
B. In the event a state of emergency is
declared under
the provisions of this section, the City
Manager, or the chief of police, shall have the authority and power to:
1. Impose a curfew upon all or any
portion of the city
thereby requiring all persons in such
designated curfew areas to forthwith remove themselves from the public streets, alleys, parks or
other public places; provided, however, that physicians, nurses and ambulance operators
performing medical services, utility personnel maintaining essential public services, firemen and
city authorized or requested law enforcement officers and personnel may be exempted from the
curfew;
2. Order the closing of any business
establishments anywhere
in the city for the period of the
emergency, such businesses to include, but not limited to, those selling intoxicating liquors,
cereal malt beverages, gasoline or firearms;
3. Designate any public street,
thoroughfare or vehicle
parking areas closed to motor
vehicles and pedestrian traffic;
4. Call upon regular and auxiliary law
enforcement agencies
and organizations within or
without the city to assist in preserving and keeping the peace within the
city.
C. The declaration of an emergency
provided for by this
section shall become effective upon
its issuance.
D. Any emergency declared in
accordance with the provisions
of this section shall terminate
after twenty-four hours from the issuance thereof, or upon the issuance of a statement, by
the
City Manager, determining an emergency no longer exists, whichever occurs first;
provided,
however, that the emergency may be extended for such additional periods of time as determined
necessary by resolution of the city council; provided further, that should an emergency be
declared by the chief of police, it shall terminate after four hours unless extended by the mayor
or any two councilmen. (Ord. 3-96: prior code § 19-13)
(Ord. 08-2003, Amended, 08/05/2003)
A person is guilty of breach of peace if, with intent to cause public
inconvenience,
annoyance
or alarm, or carelessly creating a risk thereof, he or she:
A. Engages in fighting or other violent
or tumultuous
conduct or in conduct creating the
threat of imminent fighting or other violence; or
B. Makes or uses to or of another and
in his or her presence
any gesture, display,
opprobrious words, profane, obscene or abusive language which would reasonably tend to incite
or abet a person to engage in fighting or other violent or tumultuous conduct;
or
C. Creates loud and offensive noise or
utters profane
or obscene language in any public
street or other public place, or place to which the public is invited within the presence or hearing
of other individuals and in such a manner as to incite or threaten to incite others to violence;
or
D. Places himself or herself or with
another or others
congregates in or on any public way so
as to reasonably tend to halt or interfere with the free and regular flow of vehicular or pedestrian
traffic and refuses to clear the public way when ordered by the police or other lawful authority;
or
E. Is found in any public place under
the influence of
intoxicating liquor or drug or any
combination of any intoxicating liquor or drug, in such a condition that he or she is unable to
exercise care for his or her own safety or the safety of others, or by reason of his or her being
under the influence of intoxicating liquor or drug or any combination of any intoxicating liquor
or drug, interferes with or obstructs or prevents the free use of any street, sidewalk or other
public way; or
F. While loitering, prowling or
wandering upon the private
property of another, in the
nighttime, peeks in the door or window of any inhabited building or structure located thereon,
without visible and lawful purpose. (Ord. 3-96: Ord. 80-83: Ord. 10-79 §
19-23)
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All persons who collect in bodies or crowds for
unlawful
purposes, or for any purpose to the
annoyance or disturbance of citizens, shall be deemed guilty of a misdemeanor. (Ord. 3-96: prior
code § 19-24)
Any two or more persons who assemble together
in the city
with an intent to do any unlawful
act, or being assembled mutually agree to do an unlawful act with force or violence, against the
property of the city or the person or property of another, or against the peace and to the terror of
others, and makes any movement or preparation therefor, and every person present at such
meeting or assembly who does not endeavor to prevent the commission or perpetration of the
unlawful act, shall be deemed guilty of a misdemeanor. (Ord. 3-96: prior code §
19-25)
If any person disturbs any lawful assemblage of
people, including
religious meetings, by rude
and indecent behavior or otherwise, every such person shall be deemed guilty of a misdemeanor.
(Ord. 3-96: prior code § 19-27)
A. A person commits the crime of
disorderly conduct if
the person intentionally:
1. Harasses or annoys another person
by:
a. Subjecting the other person to
offensive physical
contact, or
b. Publicly insults the other person,
including a police
officer, by abusive words or gestures
in a manner intended and likely to provoke a violent response;
2. Subjecting another to alarm by
conveying a telephonic
or written threat to inflict serious
physical injury on that person, or to commit a felony involving the person or property of that
person or any member of that person's family, which threat reasonably would be expected to
cause alarm;
3. Harasses or annoys another by
causing the telephone
of the other person to ring without
the caller having a legitimate communicative purpose;
4. Communicates with another person,
anonymously or otherwise,
by telephone, mail or
other form of oral, written or electronic communication, in a manner likely to cause annoyance or
alarm which serves no legitimate purpose.
5. A person urinates and/or defecates in a public place
including but
not limited to a street,
alley, sidewalk or parking lot.
B. A person is criminally liable under
this section if
the person knowingly permits a
telephone under the person's control to be used in violation of subsections (A)(2),(A)(3) and
(A)(4) of this section if sufficient proof is established that the telephone call was either received
or made within the jurisdictional boundaries of the city.
(Ord. 3-96: Ord. 12-92; Amended 12/01/98)
(Manual, Amended, 12/01/1998)
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Chapter 9.20
Sections:
9.20.010 Prostitution.
9.20.020 Controlled substances.
Section 9.20.010 Prostitution.
A. No person shall
keep, set up, maintain
or operate any place, structure, building or
conveyance for the purpose of prostitution, lewdness or assignation, or with knowledge or
reasonable cause to know that the same is or was to be used for such purpose, or receive or offer
to agree to receive any person in any place, structure building or conveyance for the purpose of
prostitution, lewdness or assignation, or permit any person to remain thereon for such
purpose.
B. No person shall
direct, take, transport
or offer or agree to take or transport any person to
any place, structure or building or to any other person with knowledge or reasonable cause to
know that the purpose of such directing, taking or transporting is prostitution, lewdness or
assignation.
C. No person shall
reside in, enter
or remain in any place, structure or building, or enter or
remain in any conveyance for the purpose of prostitution, lewdness or assignation.
D. No person shall
engage in or solicit
prostitution, lewdness or assignation by solicitation or
by any means whatsoever.
E. For the purposes
of this section,
"prostitution" means the giving or receiving of the body
for sexual intercourse for hire or the giving or receiving of the body for indiscriminate sexual
intercourse without hire; "lewdness" means any indecent or obscene act;
"assignation"
means the
making of or soliciting any appointment or engagement for prostitution or lewdness or any act in
the furtherance of such appointment or engagement. (Ord. 3-96: Ord. 12DS-77 § 1: prior
code §
19-14)
Section 9.20.020 Controlled substances.
A. No person shall
have in his possession,
sell, dispose of, give away or receive any of the
following drugs or compounds or derivatives thereof except as otherwise provided by state
law:
1. Narcotics.
The term "narcotics"
includes heroin, morphine, methadone, opium, codeine,
meperidine, demerol, dilaudid, cocaine, ucaine, beta ucaine, alpha ucaine or any sole compound
or derivative thereof.
2. Amphetamines
(Stimulants). The
term "amphetamines" includes benzedrine, dexedrine or
methedrine or any salt or optical isomer of amphetamines.
3. Barbiturates
(Depressants). The
term "barbiturate" includes phenobarbital, seconal,
paraldehyde pentobarbital, phenothiazine, chloralydrate or any salts or barbituric acid.
4. Hallucinogens
(Psychedelics.) The
term "hallucinogens" includes LSD (lysergic acid
diethylamide), DOM (STP, 2-5 dimethoszy-4, methylamphetamine), THC
(tetrahydrocannabinol), mescaline, peyote, marijuana, hashish (hash), psilocybin and DMT
(N-N-dimethyltryptamine)
or any drug or compound that has hallucinogenic properties.
B. Any person
violating the terms
of this section shall be deemed guilty of a misdemeanor.
(Ord. 3-96: Ord 8A-81 § 2, 1981: prior code § 19-15)
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Chapter 9.24
CONSUMER PROTECTION (Reserved)
Chapter 9.28
Sections:
Section 9.28.010 Curfew for
minors.
Any minor under the age of sixteen years who is
found in
any highway, street, alley,
thoroughfare, bar room, poolhall, club, theater, bowling alley or any other public place within the
limits of the city between the hours of ten-thirty p.m. and six a.m., unless able to give a lawful
excuse therefor, shall be deemed guilty of a misdemeanor. (Ord. 3-96: prior code §
19-12)
A. Definitions.
1. "Tobacco products"
means any substance containing
tobacco leaf, including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco and dipping
tobacco.
2. "Vending machine"
means any mechanical,
electrical or electronic self-service device
which, upon insertion of money, tokens or any other form of payment, dispenses tobacco
products.
B. Prohibited Sales or
Delivery.
1. No person shall sell, offer for sale, give away or deliver
tobacco
products to any person
under the age of eighteen years.
2. Any person violating subsection
(B)(1) of this section
is guilty of a misdemeanor
punishable by a fine of not more than fifty dollars.
3. It is an affirmative defense to a
prosecution under
subsection (B)(1) of this section that:
a. In the case of a sale, the person who
sold the tobacco
product was presented with, and
reasonably relied upon, an identification card which identified the person buying or receiving the
tobacco product as being over eighteen years of age; or
b. The tobacco product was given or
delivered to the
person under eighteen years of age by
his parent or guardian and the tobacco product was given or delivered to the person for use in the
privacy of his parent's or guardian's home or under the direct supervision of the parent or
guardian.
C. Posted Notice Required-Location of
Vending Machines.
1. Any person who sells tobacco
products shall post signs
informing the public of the age
restrictions provided by this section at or near every display of tobacco products and on or upon
every vending machine which offers tobacco products for sale. Each sign shall be plainly
visible
and shall contain a statement communicating that the sale of tobacco products to persons under
the age of eighteen years is prohibited by law.
2. No person shall sell or offer tobacco
products through
a vending machine unless the
vending machine is located in:
a. Business, factories, offices or other
places not open
to the general public;
b. Places to which persons under the
age of eighteen
years are not permitted access; or
c. Business premises where alcoholic
or malt beverages
are sold or dispensed and where
entry by persons under eighteen years of age is prohibited.
3. Any person violating subsection
(C)(1) or (2) of this
section is guilty of a misdemeanor
punishable by a fine of not more than fifty dollars. Each day of a continued violation shall
be
deemed a separate offense.
D. Purchase by Minors
Prohibited.
1. No person under the age of eighteen
years shall purchase
tobacco products, or
misrepresent his identity or age, or use any false or altered identification for the purpose of
purchasing tobacco products.
2. Any person violating subsection
(D)(1) of this section
is guilty of a misdemeanor
punishable by a fine of not more than twenty-five dollars. Upon a conviction for violation
of
subsection (D)(1) of this section, the court may allow the defendant to perform community
service and be granted credit against his fine and court costs at the rate of five dollars for each
hour of work performed.
E. Possession or Use by Minors
Prohibited.
1. It is unlawful for any person under
the age of eighteen
years to possess or use any tobacco
products.
2. Any person violating subsection
(E)(1) of this section
is guilty of a misdemeanor
punishable by a fine of not more than twenty-five dollars. Upon a conviction for violation
of
subsection (E)(1) of this section, the court may allow the defendant to perform community
service and be granted credit against his fine and court costs at the rate of five dollars for each
hour of work performed.
3. It is an affirmative defense to a
prosecution under
subsection (E)(1) of this section that the
defendant possessed or used the tobacco product in the home of, or under the direct supervision
of, his parent or guardian. (Ord. 3-96: Ord. 9A-91)
1. A person, who is not the parent or
guardian of the
minor, commits the offense of
endangering the welfare of a minor if the person knowingly allows or permits a person under the
age of twenty-one (21) years of age to:
A. Enter
or remain in a place
under the person's control in which unlawful activities
involving
controlle
d substances or alcohol
are maintained or conducted.
B. Consu
me alcohol or controlled
substances in violation of the law in a place under the
person's
control.
2. A person is considered to be
"in control"
of a place or property when that person is the
owner, renter, tenant, keeper, caretaker or in fact has control over the persons allowed on the
premises. (Ord. 3-96)
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Chapter 9.32
Sections:
Section 9.32.010 Concealed
weapons-Permits to carry
weapons.
No person, other than a law enforcement officer,
shall carry
a concealed weapon within the
jurisdictional limits of the City and outside the confines of his or her residence, without a permit
issued by the State of Wyoming to do so. (Ord. 3-96)
Every person who draws and threatens to use or
threatens
to use any drawn pistol, knife, dirk,
slingshot, or any other deadly or dangerous weapon upon any other person shall be deemed guilty
of a misdemeanor; provided, that the provisions of this section shall not apply to a person
drawing or threatening to use the dangerous or deadly weapon in defense of his person or
property, or in the defense of any person entitled to his protection by law. (Ord. 3-96: prior code
§ 19-57.2)
A. "Firearm"
shall mean
any instrument used in the propulsion of a projectile by the action
of gunpowder within it.
B. It is unlawful for
any person to
fire or discharge any firearm or discharge any projectile
from a bow or crossbow within the jurisdictional limits of the city.
C. There shall be
an exception to
the prohibition of this section for persons discharging
firearms at formally established ranges operated or approved by the City in the manner in which
the range was intended to be used.
D. There shall be
an exception to
the prohibition in this section for persons shooting or
discharging projectiles from bows or crossbows in an area which was built for such with
substantial backstops and the use of which does not pose a danger to others.
E. There shall be an
exception to
the prohibition in this section for a peace officer as defined
in Wyoming Statutes, an animal control officer or other city, state or federal official in the
performance of assigned duties. (Ord. 3-96: prior code § 19-59)
A. Definition.
"Fireworks"
is defined as any contrivance of flammable or explosive
material, or a combination thereof, designed for the purpose of creating a visible or audible effect
by means of combustion, explosion, deflagration or detonation. Such shall not include toy
pistol
"caps."
B. Possession or
sale. It shall
be unlawful for any person to barter, sell, exchange or give
away, or possess for such purposes, any fireworks within the city.
C. Discharge of
fireworks. It
shall be unlawful for any person to fire or discharge, or cause
to be fired or discharged, any fireworks within the city, provided, however, the city council may
waive such prohibition against possession, firing or discharging fireworks on the 4th of July, or
other appropriate celebrations, upon specific request. (Ord. 3-96: Ord. 3-90: prior code §
19-60)
No person shall throw any stone or other
missiles upon or
at any building, tree or other public
or private property, upon or at any person in any street, public place or unenclosed ground, or
play at any game of ball in any highway within the city. (Ord. 3-96: prior code §
19-61)
Chapter Index
Section Index
Chapter 9.36
Sections:
Section
9.36.010 Definitions.
For purposes of this chapter, the following
words and phrases
shall have the meanings
respectively prescribed to them by this section:
A.
"Agent" means any person
who is employed, whether or not paid in any manner by the
concessionaire, to work in any game or novelty stand.
B.
"Concession" or "carnival"
means any activity that is licensed under the authority of
Section 5.16.010 or which should be licensed under that section.
C.
"Person" means person,
partnership, corporation or agent of the same acting either
individually or as a group or in conspiracy with other persons in any manner covered by this
chapter.
D. "Player" means any person who
plays a game at
a carnival whether or not he is attempting
to win a prize.
E.
"Prize" means any item
won or represented to the player as capable of being won at a
carnival upon the completion of a given task. (Ord. 3-96: Ord. 9-84(part))
No person, owner, manager, agent entity or
corporation acting
individually or in conspiracy or
concert with other persons shall carry on, own, operate or promote any carnival game, scheme or
device where, by false pretense or pretenses, the purpose is to obtain from any player or persons
any money, goods or other valuable thing whatever, with intent to cheat or defraud any such
player or person. (Ord. 3-96: Ord.9-84(part))
For the purposes of this chapter, the following
controls
on games, or activities or rules in the
operation of such games, are applicable, and operation contrary thereto shall be considered
presumptive evidence of a violation of Section 9.36.020:
A. No game shall
be allowed which,
either by its design or by its operation, can be or is
controlled by the operator to the extent that the outcome of the game is or can be determined
either partially or entirely by that control.
B. No game shall
be allowed for which
cash prizes are awarded.
C. No game shall
be played so as to
alibi the outcome where the outcome depends upon the
word of the operator against the word of the player.
D. No merchandise
shall be displayed
in any carnival game which is not one of the prizes
possible to be won.
E. While in
operation, there shall
be a sign stating the rules of the game, the cost to play,
how the game is played and exactly what is required of the player in order to win each prize
offered. Signs shall be of a sturdy material and the lettering shall be plain and clearly
posted
and
of sufficient height to be readable by all players.
F. No foul lines
shall be permitted. The concessionaire or agent may designate a line a
certain distance from the target behind which the player must stand to play the game, but
appropriate structures or barriers must be placed at the line; otherwise, no foul lines are
permitted.
G. No hidden
device which limits the
player's chance of winning shall be permitted.
H. The following
rules or restrictions
shall apply to operation of games as hereafter set forth:
1. No agent shall be
employed to be
paid on the basis of a wage or percentage of the gross or
net profit where a deduction from the wage or commission is made for the value of prizes won by
players.
2. In all
"spot-spot" games,
the size of the disk must equal 0.622 times the diameter of the
circle.
3. There will be no
alibiing allowed
in "spot-spot" games by the operators; nor shall the
agents or operators move the disks once placed; nor shall there be any rules as to the distance
required to drop the disk; nor shall the operators or agents drop any of the disks for the players
except for the purposes of demonstration.
4. No more than
twelve build-up prizes
may be stocked or awarded at any one booth and
each prize must be clearly displayed and marked in the order of being awarded.
5. On the shooting
game ordinarily
referred to as "shoot the star," only stars may be used as
targets and not airplanes, etc. The star must be one and one-fourth inch or less and the gun
must
contain one hundred BB's. This game may be played without prizes solely as a game of
skill and
when so played, no restrictions shall be placed upon the size of the star or the object used as the
target. (Ord. 3-96: Ord. 9-84(part))
Prior to the operation of any carnival game, the
operator
shall notify the police department in
writing of the carnival location, the names and addresses of the owners, operators and agents of
each carnival game and the nature of the game. (Ord. 3-96: Ord. 9-84(part))
The police chief or representatives may
preinspect any game
to determine its nature and
acceptability. (Ord. 3-96: Ord. 9-84(part))
Preinspection and acceptance or failure to reject
a game
for noncompliance with the law shall
not be considered to be a ruling or finding by the police department that the game is legal in its
nature or its operation nor shall such inspection be utilized as proof of its compliance with this
chapter and the laws of the state. (Ord. 3-96: Ord. 9-84(part))
Violation of any section of this chapter is a
misdemeanor
and any person convicted shall be
punished as provided in this code. (Ord. 3-96: Ord. 9-84(part))
Chapter Index
Section Index
Chapter 9.40
Sections:
9.40.010 Parties to a crime.
Section 9.40.010 Parties to a crime.
Every person who commits, attempts to commit,
conspires to
commit, or aids or abets in the
commission of any act declared in this title to be a crime, whether individually or in connection
with one or more other persons or as a principal, agent or accessory, shall be guilty of the
offense, and every person who falsely, fraudulently, forcibly or wilfully induces, causes, coerces,
requires, permits or directs another to violate any provisions of this title is likewise guilty of the
offense. (Ord. 3-96: Ord. 7-87)
Chapter Index
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