Parowan

Chapter 1 -- OFFENSES AGAINST PUBLIC ORDER Section 16-1-1. Disturbing the Peace Section 16-1-2. Disrupting Meeting or Procession Section 16-1-3. Propelling Missiles Within the City Limits Section 16-1-4. Interfering with Officer Section 16-1-5. Impersonating an Officer Section 16-1-6. Failure to Aid a Peace Officer Section 16-1-7. Posting Bills and Notices Section 16-1-8. Defacing Bills and Notice

16-1-1. Disturbing the Peace.

(A) It shall be unlawful for any person to commit within the City of Parowan the following acts against public order:

1) disturbing the peace or good order of the City, or the quiet of any neighborhood, family or person by loud or unusual noises or by tumultuous or offensive conduct, or by threatening, quarreling, encouraging, challenging or engaging in fighting;

2) disturbing any lawful assembly through causing or intending to excite disturbance or contention at the following places, but not limited to, a public house, court, or election through or by the use of undue noise, offensive conduct, or unbecoming or indecent behavior; or

3) it shall be presumed that a violation of this Section has occurred if a person by use of loud music, vehicle noise, loud speech, or other loud or offensive noise occurs after 10:00 p.m. and before 7:00 a.m. of any day which causes any person to complain that their peace has been disturbed.

16-1-2. Disrupting Meeting or Procession. It shall be unlawful for any person to disturb or disquiet the peace and order of any assembly of people, any meeting for religious worship, funeral services or other lawful purposes, by noise, by use of obscene or profane language in a place or under circumstances which would cause a breech of the peace or good order of the City, inappropriate or indecent behavior, or by any other unnecessary disturbance, either within the place where such meeting is held or so near thereto as to disturb the peace, order, or solemnity of the meeting. A person is guilty of violating this section if, intending to disturb a lawful meeting, procession or gathering by physical action, verbal utterance, or any other means, he commits any overt act toward completion of that intention.

16-1-3. Propelling Missiles Within the City Limits. A person is guilty of an infraction if he willfully and recklessly throws or propels any device, or weapon, any rock, stone, stock, B-B pellet, or other missile, or to use any flipper, sling, air rifle, bow and arrow, or similar device within the City limits or within 300 feet of any building or structure within the City limits, except by permission of the Police Department. This Section shall not apply to Law Enforcement Officers, City employees or officers and members of the Fire Department in the discharge of their duty.

16-1-4. Interfering with Officer. It shall be unlawful for any person to interfere with, molest, distract or threaten any Parowan City Police Officer or Police Officer's agent while such officer or agent is in discharge of his or her official duties, said agents to include, but not be limited to, crossing guards, traffic control agents, firemen, City employees or any other person appointed or person who has asked for assistance by an officer acting in his official capacity. A person who interferes with an officer shall be guilty of a Class B Misdemeanor.

16-1-5. Impersonating an Officer. It shall be unlawful for any person to impersonate a public servant or a peace office with the intent to deceive another or with the intent to induce another to submit to his pretended official authority or to rely upon his pretended official act; falsely state that he is a public servant or peace officer with the intent to deceive another or to induce another to submit to his pretended official authority or to rely upon his pretended official authority; or to display or possess, without authority, any badge, identification card or other form of identification, any restraint device or the uniform of any State or local government mental entity, or a reasonable facsimile of any of these items with the intent to deceive another or with the intent to induce another to submit to his pretended official authority or to rely upon his pretended official act. A person who impersonates an officer shall be guilty of a Class B Misdemeanor.

16-1-6. Failure to Aid a Peace Officer. A person is guilty of a Class B Misdemeanor if, upon command by a peace officer identifiable or identified by him as such, he unreasonably fails or refuses to aid the peace officer in effecting an arrest or preventing the commission of any offense by another person within the Parowan Corporate limits.

16-1-7. Posting Bills and Notices. A person is guilty of an infraction if he prints, paints, writes, marks or in any way posts any notice, card, advertisement, or other device, upon any wall, fence, tree, post, building, or other property, or cause the same to be done, without the permission of the owner of that property or his agent or upon any Parowan City property without the approval of Parowan City.

16-1-8. Defacing Bills and Notices. It shall be an infraction for any person, other than a City employee acting in that capacity, to unlawfully and without authority, tear down or deface any Ordinance, bill, notice, advertisement, or other such item lawfully posted within the City at any time before the object of the notice has been accomplished or the thing of which notice is given has occurred.

Chapter 2 -- OFFENSES AGAINST PUBLIC WELFARE AND MORALS

Section 16-2-1. Discharging Firearms Section 16-2-2. Service of Animals in Public Section 16-2-3. Fireworks Section 16-2-4. Igniting of Fireworks Section 16-2-5. Bathing Section 16-2-6. Bees Section 16-2-7. Misuse of Discarded Refrigerators, etc. Section 16-2-8. Gambling and Prostitution

16-2-1. Discharging Firearms. It shall be unlawful for any person to discharge with the City or within 600 feet of any building or structure within the City any gun, rifle, or firearm of any description or discharge, any anvil or other device, or any instrument loaded with powder or other explosive except by permission of the Police Department. This section shall not apply to Police Officers nor to members of the Fire Department in the discharge of their duties.

16-2-2. Service of Animals in Public. It shall be an infraction for any person within the City to openly or in public view let to service any jack, stallion, bull or other animal, or to indecently exhibit any of said animals.

16-2-3. Fireworks. Except upon written permission of the Chief of Police or Fire Chief, it shall be in infraction for any person within the City to sell or offer for sale any rocket, squib, firecracker, roman candle, or any other firework or material used for making a pyrotechnical display.

16-2-4. Igniting of Fireworks. It shall be a Class B Misdemeanor for any person to use, ignite, light, inflame, kindle, burn or by other means cause any rocket, whip, firecracker, roman candle, or any other firework or material used for making a pyrotechnical display after the Fire Chief, Chief of Police, or City Council has issued a decree, order, or stay prohibiting the use, ignition, lighting, inflaming, kindling or burning of fireworks within Parowan City limits because of concerns for the safety of City residents or their property

16-2-5. Bathing. It shall be an infraction for any person to swim or bathe in a nude condition in any waters within the City except in a public or private bath house.

16-2-6. Bees. It shall be an infraction for any person to keep or allow to be kept on his premises any hive or colony of bees within the inhabited portions of the City.

16-2-7. Misuse of Discarded Refrigerators, etc. Any person who discards or abandons or leaves in any place accessible to children any refrigerator, ice box, deep freeze locker, clothes dryer, washing machine, or other appliance, having a capacity of 1-1/2 cubic feet or more, which is no longer in use, and which has not had the door removed or the hinges and such portion of the lock mechanism removed as to prevent latching or locking of the door, is guilty of an infraction.

Any owner, lessee of manager who knowingly permits such a refrigerator, ice box, deep freeze locker, clothes dryer, washing machine, or other appliance to remain on premises under his control without having the door removed or locked or the hinges and such portion of the latch mechanism removed as to prevent latching or locking of the door is guilty of an infraction.

Any owner, lessee or manager who knowingly permits such a refrigerator, ice box, deep freeze locker, clothes dryer, washing machine, or other appliance to remain on premises under his control without having the door removed or locked or the hinges and such portion of the latch mechanism removed as to prevent latching or locking of the door is guilty of an infraction.

The provisions of this section shall not apply to any vendor or seller of refrigerators, ice boxes, deep freeze lockers, clothes dryers, washing machines, or other appliances, who keep or store them for sale purposes, if the vendor or seller takes reasonable precautions to effectively secure the door of any such refrigerator, ice box, deep freeze locker, clothes dryer, washing machine, or other appliances so to prevent entrance by children small enough to fit therein.

16-2-8. Gambling and Prostitution. It shall be a Class B Misdemeanor for any person to beg, engage in any sexual activity with another person for a fee, pick-pocket, gamble, swindle by any trick or device, or practice any gaming upon the streets or within the City limits.

Chapter 3 -- OFFENSES RELATED TO PUBLIC PROPERTY

Section 16-3-1. Obstruction of Streets and Sidewalks Section 16-3-2. Interference with Traffic Section 16-3-3. Horses on Public Property Section 16-3-4. Driving Livestock Through the Streets Section 16-3-5. Littering Section 16-3-6. Nuisance

16-3-1. Obstruction of Streets and Sidewalks. It shall be an infraction for any person to place or permit to be placed upon any sidewalk or street: a) any broken wire, glass, rubbish, refuse matter, ice, water, mud, garbage, ashes, tin cans, or other like substance; b) any vehicles, lumber, wood, boxes, fences or fencing or building materials, dead trees, tree stumps, merchandise or any other thing which shall obstruct such streets or sidewalk or any part thereof, or the free use and enjoyment thereof, or the free passage over or upon the same or part thereof without the express written permission of the Chief of Police and then only in strict accordance with the term of that permission.

16-3-2. Interference with Traffic. It shall be an infraction for any person to play sports, ride bicycles, tricycles, skateboards or any other form of skating or amusement or practices having a tendency to annoy persons in the streets or on the sidewalks or to interfere with vehicular traffic.

16-3-3. Horses on Public Property. It shall be an infraction for any person to ride, drive or lead any horse, mule, or other animal upon any sidewalk, park, or the grounds of any public building, except for the purpose of entering or leaving any City lot, or over any bridge.

16-3-4. Driving Livestock Through the Streets. It shall be an infraction for any person to drive any livestock over or upon any public street in the City, except after notification to, and according to the direction of, the Chief of Police.

16-3-5. Littering. It shall be an infraction for any person to drop, throw, deposit, or discard, or to permit to be dropped, thrown, deposited, or discarded upon any City street, park, recreation area, or other public or private property, any glass bottle, glass, nails, tacks, wire, cans, barbed wire, board, trash or garbage, paper or paper products, or any similar substance which would render such property unsafe or unsightly, without the permission of the owner or person having control or custody of the land.

Any person removing a wrecked or damaged vehicle from a public street, recreation area, park or other private or public land shall remove any glass, or other injurious substance dropped upon the ground from such vehicle.

It shall be unlawful to throw or drop any burning or lighted materials from a moving vehicle.

16-3-6. Nuisance. It shall be a Class B Misdemeanor for any person to commit any act or omit to perform any duty, which act or omission:

a) annoys, injures or endangers the comfort, repose, health or safety of three (3) or more persons;

b) offends public decency;

c) unlawfully interferes with, obstructs, or tends to obstruct or render dangers for passage any lake, stream, canal, or basin, or any public park, square, street or highway;

d) is a nuisance resulting from the unlawful sale, manufacture, service, storage, distribution, use or acquisition of any controlled substance, precursor or analog as specified in Utah Code Annotated, Title 58, Chapter 37, Controlled Substances;

e) in any way renders three or more persons insecure in life or the use of property;

f) creates any condition which causes an offensive, bothersome or otherwise obnoxious odor, smoke, dust, noise, light, or vibration which disturbs the peace of any person or persons;

g) maintains or allows to exist building or closure which remains in a dangerous state or in an unsafe condition or which has been significantly or partially destroyed by fire, waters, termites or other natural causes which is deemed by the building inspector to be beyond reasonable repair;

h) permits the storage of environmental hazardous material, substance or matter without the appropriate licensing permits of local, State and Federal authorities; or

i) commits any other act which substantially depreciates the value of adjoining property of other land owners or which substantially inhibits the use thereof.

Chapter 4 -- OFFENSES AGAINST PROPERTY

Section 16-4-1. Trespassing Section 16-4-2. Misuse of Horse Racing Facilities Section 16-4-3. Joyriding

16-4-1. Trespassing. Except as hereinafter provided, it shall be an infraction for any person;

a) To ride or drive any animal or vehicle, or to walk, lodge, or camp upon the land of another without the express or implied permission of the person in charge of, in possession of, or owning such property; or

b) To take down any fence or to let down any bars or open any gate so as to expose an enclosure without the permission of the person in charge of, in possession of, or owning the same; or

c) To operate any type of motor vehicle (including motorcycles and similar vehicles) upon the private land of another or upon any public land other than a City Street, without first obtaining written permission of the person or the private or governmental authority, as the case may be, having charge of, in possession of, or owning such land; or

d) To cut down, destroy, or injure any kind of wood or timber standing or growing on a public or private land; or

e) To carry away any kind of wood or timber standing or growing on a public or private land; or

f) Within the boundaries of Parowan City, to camp, reside, or lodge overnight, or to park overnight, any trailer, mobile home, camper, or other vehicle being used as a temporary or permanent residence, upon any property or street belonging to or maintained by any government agency, without possessing advance, written permission to do so; or

g) Within the boundaries of Parowan City, empty any holding tank or drain any waste fluids from any trailer, mobile home, camper or other vehicle being used or suitable for use as a temporary residence, except into facilities specifically designed and intended to receive such holding tank contents or waste fluids from said vehicles; or

h) Within the boundaries of Parowan City, to trespass upon or, except when authorized or on official business, to drive any vehicle or animal upon the City Airport, Cemetery, Park, Power Station, School grounds or any other public property.

Nothing contained in this section shall be construed so as to prohibit the use of private or public land by any person who has a license or easement to use the same, or the travel of any street or roadway over which the general public has the right to travel, or the proper use of any street, roadway, path or trail designated for a particular public use by the person or authority in charge thereof; nor shall anything herein be construed as to prohibit the use of private or public land by emergency vehicles.

16-4-2. Misuse of Horse Racing Facilities. It shall be an infraction by any person if he:

a) unlawfully drives a motor vehicle upon the grounds of horse racing facilities located in Parowan City, except in areas clearly marked or intended for vehicular travel.

b) unlawfully otherwise damages, defaces, or harms any part of the above-described horse racing facilities.

c) unlawfully harasses, harms, frightens, or in any way abuses the animals quartered at the above-described horse racing facilities.

d) unlawfully resides at, or remains overnight more than one night at, or refuses to leave upon request of a police officer or any official of Parowan City, the grounds of the above- described horse racing facilities.

16-4-3. Joyriding. It shall be a Class B Misdemeanor for any person to drive a vehicle not his own without the consent of the owner thereof and with the intent temporarily to deprive said owner of his possession of said vehicle without the intent to steal the same. The consent of the owner of the vehicle of its taking or driving shall not, in any case, be presumed or implied because of such owner's consent on a previous occasion to the taking or driving of such vehicle by the same or a different person. Any person who assists in, or is a party or accessory to, or accomplice in any such unauthorized taking or driving is equally guilty under this Section. Chapter 5 -- OFFENSES RELATING TO MINORS

Section 16-5-1. Curfew

16-5-1. Curfew. It shall be an infraction for any person under the age of eighteen (18) years to be in, or remain in or upon any streets, public places, or vacant lots or places of business within the City between the hours of 10:00 p.m. and 4:30 a.m. following on any night preceding a school day, or between the hours of 12:00 a.m. and 4:30 a.m. following on any night not preceding a school day unless such person shall be accompanied by a parent, guardian, or other person having legal custody of such a minor.

Chapter 6 -- STATE LAW ADOPTED

Section 16-6-1. Adoption of Title 76 Section 16-6-2. Traffic Violations

16-6-1. Adoption of Title 76. In accordance with Utah Code Annotated 10-8-84, Parowan City adopts Title 76 Utah Criminal Code, insofar as said Code may be enforced by Parowan City as is necessary to carry out and effect the safety, and preserve the health, and promote the well being, and improve the morals, peace and good order, comfort and convenience of the City and its inhabitants, and for the protection of property in the City; and may enforce obedience to the Ordinances and State Code with fines and penalties which do not exceed the maximum Class B Misdemeanor fine under 76-3-301 or by imprisonment not to exceed six (6) months, or by both fine and imprisonment.

16-6-2. Traffic Violations. In accordance with Utah Code Annotated 10-8-84, Parowan City adopted Title 41-6, Traffic Rules and Regulations, insofar as said Code may be enforced by Parowan City as is necessary to carry out and effect the safety, and preserve the health, and promote the well being, and improve the morals, peace and good order, comfort and convenience of the City and its inhabitants, and for the protection of property in the City; and may enforce obedience to the Ordinances and State Code with fines and penalties which do not exceed the maximum Class B Misdemeanor fine under 76-3-301 or by imprisonment not to exceed six (6) months, or by both fine and imprisonment. Any adoptions, changes or amendments to Title 4-16 shall be automatically deemed adopted and incorporated herein.

This Ordinance (Chapter 16 - Public Offenses) was revised and adopted by the Parowan City Council on August 28, 1998 (Refer to Ordinance No. 98-8-4)

This entire ordinance - Public Offenses, was adopted by the City Council on August 6, 1980 (Refer to Ordinance No. 80-10)

Dates of other ordinances pertaining to Title 16 - Public Offenses: March 17, 1976; March 27, 1974; January 12, 1970; August 31, 1962;