City of Maud, Oklahoma

PART 10

OFFENSES AND CRIMES

CHAPTER 1

OFFENSES IN GENERAL

SECTION 10-101 ATTEMPTS TO COMMIT AN OFFENSE.

Every person who attempts to commit an offense against the ordinances of the city, and in such attempt does any act toward the commission of such offense, but fails or is prevented or intercepted in the perpetration thereof, is guilty of an offense, and shall be punished in the manner prescribed for the attempted offense itself.

SECTION 10-102 AIDING IN AN OFFENSE.

When no punishment for counseling or aiding in the commission of a particular offense is expressly prescribed by ordinance, every person who counsels or aids another in the commission of such is guilty of an offense, or misdemeanor, and punishable in the same manner as the principal offender.

CHAPTER 2

OFFENSES AGAINST PROPERTY

SECTION 10-201 PETIT LARCENY PROHIBITED.

1. Petit larceny is the taking of personal property of value not exceeding One Thousand Dollars($1000.00) accomplished by fraud or stealth and with intent to deprive another thereof, but it does not include the taking of such property from the "person" of another.
   Ordinance 2018-02, October 15, 2018
2. Petit larceny is unlawful, and any person who commits larceny shall be guilty of a misdemeanor.

State Law Reference; Petit larceny defined, 21 O.S. Sections 1704, 1706.

SECTION 10-202 INJURING AUTOMOBILES AND OTHER VEHICLES.

It is unlawful for any person to start, otherwise meddle with, molest, enter, occupy, loiter in, or injure any automobile or other vehicle belonging to another, without the consent of the owner or person in charge thereof.

SECTION 10-203 DESTROYING OR INJURING BUILDINGS AND OTHER PROPERTY.

It is unlawful for any person to destroy, injure, deface, besmear, or molest any structure, building, outbuilding, fence, or any other property, real or personal, public or private, belonging to another; or to use any such property wrongfully to the detriment of the owner or other person entitled to its use; or to interfere wrongfully with the use of any such property by its owner or any other person entitled to its use.

SECTION 10-204 PLACING SIGNS ON PROPERTY OF ANOTHER.

It is unlawful for any person to place, stick, tack, paste, post, paint, mark, write or print any sign, poster, picture, announcement, advertisement, bill placard, device or inscription upon any public or private building, fence, sidewalk, bridge, viaduct, post, automobile, other vehicle or other property of another, without the consent of the owner or person in charge thereof.

SECTION 10-205 THROWING ADVERTISING ON STREET. PROHIBITED.

It is unlawful for any person to throw, leave or deposit, or cause to be thrown, left or deposited, upon any street, alley, sidewalk, or other public area, any handbill, circular, or other advertising matter.

Ordinance 2018-02, October 15, 2018

SECTION 10-206 THROWING OR SHOOTING AT PERSONS OR PROPERTY.

It is unlawful for any person to throw or shoot any stone, shot or other object into or across any street or alley, or in any place where he is likely to hit another person wrongfully or to injure property, or to throw or shoot any stone, shot or other object at any person, vehicle, structure, electric light or other property of another (whether public or private), except in case where such is done in defense of oneself, of another person or of property.

Ordinance 2018-02, October 15, 2018

SECTION 10-207 THROWING INJURIOUS SUBSTANCES.

It is unlawful for any person to purposely or premeditatedly put or throw upon the person or property of another, or upon any animal, any acid, corrosive or other irritating or harmful substance, or human or animal waste or urine, with intent to injure or harass the person, property or animal.

Ordinance 2018-02, October 15, 2018

SECTION 10-208 TAMPERING WITH OR DAMAGING PUBLIC UTILITIES.

It is unlawful for any person to connect or attach any kind of pipe, wire or other contrivance to any pipe, line, wire or other conductor carrying gas, water or electricity and belonging to a public utility (whether publicly or privately owned), in such a manner as to enable him to consume or use the gas, water or electricity without it passing through the meter or any other way so as to evade payment therefor. It is also unlawful for any person to damage, molest, tamper with, or destroy any pipe, line, wire, meter, or other part of any public utility, including any telegraph or telephone system.

Ordinance 2018-02, October 15, 2018

SECTION 10-209 INTERFERENCE WITH FIRE HYDRANTS.

1. It is unlawful for any person except one duly authorized by the city utility personnel or a member of the fire department to open, turn on or off, interfere with, attach any pipe or hose to, or connect anything with, any fire hydrant or stop cock belonging to the city.
2. It is unlawful for any person to obstruct access to any fire hydrant, by placing around or thereon, brick, lumber, dirt, or other thing, or in any other manner obstructing access to a fire hydrant.

Ordinance 2018-02, October 15, 2018

SECTION 10-210 INJURY TO PLANTS AND TREES.

It is unlawful for any person to willfully and without authority cut, pull, pluck or otherwise injure any flowers, flowering plants, shrubs or trees growing in or around any park or public street within the city, or willfully or without authority to tear down, remove, cut or otherwise injure or destroy any gate or fence enclosing any such park or ground, or willfully injure or destroy any stand, bench, seat or other property situated upon such park or ground, any person violating this section, upon conviction, shall be deemed guilty of an offense.

Ordinance 2018-02, October 15, 2018

SECTION 10-211 PUBLIC STREETS AND TREES.

It is unlawful for any person to:

1. Willfully or wantonly cut, deface or in any way injure any tree or sapling standing or growing in any of the streets, alleys or public places within the city;
2. Attach any guy wires, telephone, telegraph, or electric wire, or any wire to any live tree;
3. Dig any hole, ditch or trench in any public street, road, avenue or alley, or any other public premises or ground within, belonging to or under the supervision or control of the city;
4. Take or remove any dirt, earth or any substance from any street, road, alley or other public place in the city, or to cut, break or otherwise injure any pavement, curb or gutter therein; or
5. Connect any driveway to any street or other public place without first securing permission from the Street Superintendent so to do.

Any such digging, removing, or driveway connection shall be done under the supervision of the city.

Ordinance 2018-02, October 15, 2018

SECTION 10-212 TRESPASS PROHIBITED.

1. For the purpose of this section, the following terms shall be defined as follows;
   1. "Public property" means that property which is dedicated to public use and over which the federal, state or municipal government or any subdivision thereof exercises control;
   2. "Private property" means any property other than public property;
   3. "Trespass" means each and every actual entry upon the premises of an owner or other person in lawful possession of the premises without the express or the implied consent of the owner or other person in lawful possession. Trespass shall also mean remaining upon the premises of an owner or other person in lawful possession after having been told to leave the premises by the owner, or the agent, or employee of the owner, or other person in lawful possession of the premises. Trespass shall also be defined as the act of remaining on private property at any time other than during posted hours of business operation after having been directed to vacate such premises by a police officer. The provisions of this paragraph shall not apply to persons, including employees, whose presence upon such premises is authorized by the owner of or by a person in lawful possession of such premises nor shall the provisions of this sentence apply unless hours of business operations are posted upon such premises. Trespass shall also be defined as the act of returning to private property before the posted time of opening for business operation on the next business day after having been directed to vacate such premises under the terms of this subsection.
2. It is unlawful for any person to trespass on private property.
3. It is illegal for any person to enter upon the property of another or into an area or structure on such property (whether such property, area or structure is public or private), when such entrance is plainly forbidden by signs or any notice or when the property, area or structure is enclosed, except when such entrance is in line of duty, or with the expressed, or tacit consent of the owner or person in charge, or otherwise by authority of law or ordinance. It is unlawful for any person to remain on the property of another after having been given notice, written or verbal, to leave by the owner or person in charge.

Ordinance 2018-02, October 15, 2018

SECTION 10-213 UNLAWFUL INTRUSION UPON LAND.

It is unlawful for any person to intrude or squat upon any lot or piece of land within the city without a license or authority from the owner thereof, or to erect or occupy thereon any hut, hovel, shanty or other structure without such license or authority, or to place, erect or occupy within the bounds of any street, alley or avenue of the city, any hut, shanty, hovel, or other structure without authority of law or ordinance.

Ordinance 2018-02, October 15, 2018

SECTION 10-214 PARKING ON PROPERTY OF ANOTHER

It is unlawful for any person to park an automobile or other vehicle, or to place any structure or object on the driveway, yard, or property of another without the expressed or tacit consent of the owner or person in charge or by authority of law or ordinance.

SECTION 10-215 SHOPLIFTING.

It is unlawful for any person to take possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store, or other mercantile establishment without the consent of the owner, seller, or merchant and with the intention of converting such goods, wares, or merchandise to such persons own use without having paid the purchase price therefore.

Ordinance 2018-02, October 15, 2018

CHAPTER 3

OFFENSES AGAINST THE PUBLIC

SECTION 10-301 DISTURBING THE PEACE:

1. It is unlawful to disturb or alarm the peace of another or others by doing any of the acts set out in subsection B of this section.
2. Disturbing the peace is the doing of any of the following in such a manner as would foreseeably alarm or disturb the peace of another or others:
   1. Using obscene, offensive, abusive, profane, vulgar, threatening, violent or insulting language or conduct;
   2. Engaging in a fistic encounter;
   3. Holding an unlawful assembly of two (2) or more persons, including being assembled together and acting in concert, to do any unlawful act against the peace or to the terror of others or preparing for or moving toward such acts, or otherwise assembling unlawfully or riotously;
   4. Interrupting any lawful assembly of people by making noise, by rude, indecent or improper behavior, by profane, improper or loud language, or in any other manner, either within the place of assembly or within hearing distance thereof;
   5. Making unnecessarily loud, offensive noises;
   6. Disturbing any congregation or assembly of persons meeting for religious worship by making noise, by rude, indecent or improper behavior, by profane, improper or loud language, or in any other manner, either within the place of worship or within hearing distance thereof; or
   7. Committing any other act in such a manner as to unreasonably disturb or alarm the public.

Ordinance 2018-02, October 15, 2018

SECTION 10-302 INSULTING SIGNS; LITERATURE OR LANGUAGE.

1. It is unlawful for any person, firm or corporation within the city to display any sign, emblem, badge, flag or device, which in its common acceptance is insulting, profane, or abusive to the citizens of the city, and which is calculated, or of which the natural consequence is, to cause a breach of the peace or an assault.
2. It is unlawful for any person to willfully use, utter, publish, circulate or distribute any profane, violent, abusive, or insulting language or literature where:
   1. A natural consequence of the language or literature is to cause a breach of the peace or an assault; or
   2. The language or literature, in its common acceptance, is calculated to cause a breach of the peace or an assault.

SECTION 10-303 FIREWORKS REGULATED.

1. For the purpose of this section, "fireworks" shall have the meaning prescribed by state law, section 1622 of title 68 of the Oklahoma Statutes.
   State law reference: 68 O.S. Sections 1622, 1624, et seq.
   Code Reference See section 13-101.
2. The purchase or sale of fireworks at retail within the corporate limits of the city is hereby prohibited.
3. The purchase, sale, or use of fireworks and firecrackers is prohibited within the corporate limits of the city except on the annual date upon which the Maud Fire Department holds their Independence Day special event. When permitted, the use, possession, storage and transportation shall be in accordance with state law.
   Ord. 2013-06, September 16, 2013
4. Violation of the terms and conditions of the special events permit established by the mayor and city council is prohibited and will result in immediate suspension or revocation of the special events permit in addition to the penalties outlined in Section 1-108 of this code.

Ord. 2013-06, September 16, 2013

SECTION 10-304 SPECIAL EVENTS FOR FIREWORKS.

1. The use of fireworks and firecrackers within the corporate limits of the city will be allowed if a valid special events permit is obtained under this section.
2. For the purposes of this section, "special events" include sporting events, pageants, regattas, tournaments, spectator attractions, and ceremonies. However, as a prerequisite to obtaining a special events permit, it must be shown that there is a meaningful association between the use of fireworks and the event.
3. The special events permit shall be denied if the use of fireworks or firecrackers would:
   1. Cause injury or damage to city facilities or natural resources.
   2. Present a clear and present danger to public health and safety.
   3. Result in significant conflict with existing uses.
4. Persons wishing to make application for a special events permit shall complete a permit form which shall set forth the name of the applicant, the date, time, duration, nature and place of the proposed use of the fireworks, and the event at which they will be used. The application shall be submitted no later than fourteen (14) days prior to the commencement of the proposed event.
5. As a condition of permit issuance the mayor and city council:
   1. Shall require liability insurance which the city of Maud is named as coinsured in an amount set forth by the mayor and city council.
   2. May require a cash deposit in an amount equitable to cover the cost of restoration, damage, cleanup or other costs resulting from the use of fireworks.
6. No permit shall be issued for a period in excess of four (4) hours except when approved by the mayor and city council.
7. Violation of the terms and conditions of a permit issued in accordance with this section is prohibited and will result in suspension or revocation of the permit.

SECTION 10-305 STORING OR KEEPING EXPLOSIVES.

It is unlawful for any person to store or keep within the city any nitroglycerin, dynamite, gunpowder, or any other highly explosive material or substance of any kind without having first complied with the laws of the state and federal governments, and ordinances of the city pertaining to the selling, storing or keeping such items.

State Law Reference: 63 O.S. Section 122.1 et seq.

SECTION 10-306 CARRYING WEAPONS; EXCEPTIONS

1. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger, bowie knife, dirk knife, sword cane, blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:
   1. The proper use of guns and knives for hunting, fishing, educational or recreational purposes;
   2. The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act;
   3. The carrying, possession and use of any weapon by a peace officer or other person authorized by law to carry a weapon in the performance of official duties and in compliance with the rules of the employing agency;
   4. The carrying or use of weapons in a courthouse by a municipal judge, or associate municipal judge, who is in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act and whose name appears on a list maintained by the Administrative Director of the Courts; or
   5. The carrying and use of firearms and other weapons provided in this subsection when used for the purpose of living history reenactment. For purposes of this paragraph, "living history reenactment" means depiction of historical characters, scenes, historical life or events for entertainment, education, or historical documentation through the wearing or use of period, historical, antique or vintage clothing, accessories, firearms, weapons, and other implements of the historical period.
2. Any person convicted of violating the foregoing provision shall be guilty of a misdemeanor punishable as provided in Section 1-108 of this code.

Ordinance 2015-05, October 19, 2015
State Law Reference: 21 O.S. Section 1289.1, 2190.1 et seq.

SECTION 10-307 RECKLESS CONDUCT

It is unlawful for any person to engage in reckless conduct while having in his possession any shotgun, rifle or pistol, such actions consisting of creating a situation of unreasonable risk and probability of death or great bodily harm to another, and demonstrating a conscious disregard for the safety of another person.

SECTION 10-308 DISCHARGING FIREARMS: EXCEPTIONS.

No person shall discharge any species of firearm, in the city except when doing so in the line of duty, when lawfully doing so in defense of oneself, of another person, or of property, or when otherwise authorized by law or ordinance. It is unlawful to discharge an air rifle or BB gun in the city.

Code Reference: See section 10-205.

SECTION 10-309 LOUD NOISE OR MUSIC PROHIBITED: AMPLIFIED SOUND

It is unlawful for any person to disturb the peace and quietude of any part of the city by operating, having operated, or permitting to be operated, any contrivance, whether electric or not, any motor vehicle, or any other device, with or without a loudspeaker, in such a manner as to emit loud music, noise or words. However, this section shall not prohibit religious bodies from playing chimes, bells, carillons or other religious music.

SECTION 10-310 OPERATING MOTORIZED VEHICLES ON HIKING AND WALKING TRAILS:

It is unlawful for any person to operate or permit to operate motorized vehicles on the surface of the walking and hiking trail around the Maud City Lake. The penalty for violation of this section shall be fixed at two hundred dollars ($200.00) for each violation. However, this section shall not prohibit the use of motorized wheelchairs by any handicapped or disabled person on the surface of the walking and hiking trail around the Maud City Lake.

CHAPTER 4

OFFENSES AGAINST THE HEALTH, WELFARE AND MORALS

SECTION 10-401 PUBLIC INTOXICATION AND DRINKING PROHIBITED.

1. It is unlawful for any person to appear or be upon or in any street, alley, or other public place in the city in a state of intoxication. It is unlawful for any person to drink intoxicating liquor or beverage, as defined by Section 163.1 of Title 37 of the Oklahoma Statutes, upon or in any street, alley, or other public place within the city.
2. For the purposes of this section, a state of intoxication means the condition in which a person is under the influence of any intoxicating, nonintoxicating, spirituous, vinous or malt liquors, or of any narcotic or drug, to such extent as to deprive the person of his or her full physical or mental power, or in which a person is a danger to himself or others.

SECTION 10-402 INTOXICATING LIQUORS.

It is unlawful:

1. For any person to barter, sell, give away or otherwise furnish to another any beer or intoxicating liquor or beverage of any kind except as permitted by law;
2. To have in possession or under control any beer or intoxicating liquor or beverage except as permitted by law, or to transport or in any manner convey from place to place in the city any intoxicating or nonintoxicating liquor or beverage except as permitted by law;
3. To loiter in a place where beer or intoxicating liquor is sold, bartered, given away or otherwise furnished contrary to law; or To keep, maintain, aid or abet in keeping or maintaining a place where intoxicating or nonintoxicating liquor is sold, bartered, given away or otherwise furnished in violation of law.

Ordinance 2018-05, October 15, 2018

SECTION 10-403 MARIJUANA, CONTROLLED DANGEROUS SUBSTANCES, AND ILLICIT DRUGS PROHIBITED.

1. It is unlawful for any person to:
   1. To appear or be upon or in any street, alley, place of business, or other public place while under the influence of marijuana or any illicit drug or controlled substance;
   2. To use, have, or possess marijuana or any illicit drug or controlled dangerous substance upon or in any street, alley, place of business, or other public place in the city;
   3. To use marijuana or controlled dangerous substance in any place within the city except as legally prescribed by a physician licensed to practice in the state; or
   4. To be about a place where marijuana, controlled dangerous substances, or illicit drugs are sold or furnished illegally.
   5. Use or possess drug paraphernalia or to deliver, possess or manufacture any such paraphernalia singly or in conjunction with any other person.
2. For the purpose of this section, "marijuana" "illicit drug", and "controlled dangerous substance" shall have the meaning prescribed by Section 2-101, et seq, of Title 63 of the Oklahoma Statutes. "Drug paraphernalia" shall have the meaning prescribed by Section 2-101 of Title 63 of the Oklahoma Statutes, including the factors to determine in Section 2-101.1 of Title 63.
3. This section shall not apply to any person in possession of a valid state issued Medical Marijuana license, Dispensary license, Commercial Grower license, or Transportation license, pursuant to 63 O.S. Chapter 15, Sections 420A-424A.
4. Any person in unlawful possession of marijuana or any Schedule III, IV, or V substance, as defined in 63 O.S. Section 2-206, or any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act, in their first offense, shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding Five Hundred Dollars ($500.00).

Ordinance 2014-05, October 20, 2014
Ordinance 2108-02, October 15, 2018

SECTION 10-404 SNIFFING GLUE, PAINT, AND OTHER SUBSTANCES

It is unlawful for any person to sniff or inhale paint, glue, gasoline, or other volatile substances for the purpose of intoxication.

Ordinance 2108-02, October 15, 2018

SECTION 10-405 PROSTITUTION PROHIBITED.

1. As used in this section, "prostitution" means and includes the getting or receiving of the body for sexual intercourse for hire and includes the giving or receiving of the body for indiscriminate sexual intercourse without hire.
2. It is unlawful:
   1. To engage in prostitution, lewdness, or assignation ;
   2. To Solicit, entice, or procure another to commit or engage in any act of lewdness, assignation, or prostitution;
   3. To aid, abet, or participate in the doing of any of the acts herein prohibited.
3. No person shall in any way or manner whatever, keep, harbor, or house any prostitute.
4. No person shall entice or attempt to entice any female into a house of prostitution, or have illicit sexual intercourse with any female under eighteen(18) years of age.
5. No person shall keep or maintain a house of prostitution or assignation.
6. No person shall lease, let or furnish any building, room, tent, or structure of any kind, or any conveyance used or to be used as a place of prostitution or assignation within the city, or knowingly permit the same to be so used.
7. No person shall knowingly accept, receive, levy, or appropriate any money or other thing of value without consideration from a prostitute or from the proceeds of any women engaged in prostitution.
8. No person shall offer, or offer to secure another for the purpose of prostitution, or for any other lewd or indecent act.
9. No person shall direct, take or transport, or offer or agree to transport or aid or assist in transporting, any person to any house, place, building, or structure, vehicle, trailer, or other conveyance, or to any other person with knowledge or having reasonable cause to believe that the purpose of such directing, taking or transporting is prostitution, lewdness, or assignation.
10. It is unlawful for a person to be present in a public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution.

Ordinance 2018-02, October 15, 2018

SECTION 10-406 DISORDERLY HOUSE.

Every person who keeps any disorderly house, or any house of public resort by which the peace, comfort or decency of the immediate neighborhood is habitually disturbed, is guilty of a misdemeanor.

Ordinance 2018-02, October 15, 2018

SECTION 10-407 MAINTAINING OR LEASING A DISORDERLY HOUSE.

1. No person shall keep or maintain, or aid, abet or assist in keeping and maintaining a disorderly house.
2. No owner, lessee, lessor, or other person, partnership or corporation having control over any house, building, structure, tent, vehicle, mobile home, or recreational vehicle shall knowingly use, lease, sublease or otherwise permit the use of same for the purpose of keeping therein any disorderly house, and knowing or ascertaining that such house, building, structure, tent, vehicle, mobile home, or recreational vehicle is so occupied as a disorderly house, no persons, partnership or corporation shall continue to grant permission to so use such premises as a disorderly house.

SECTION 10-408 RESIDENTS AND VISITORS TO DISORDERLY HOUSE.

No person shall knowingly reside in, enter into, or remain in a disorderly house. In any prosecution for violation of this section, the city shall have the burden to prove such knowledge by direct evidence only and not by circumstantial evidence. This section shall not apply to physicians or officers in the discharge of their professional or official duties.

SECTION 10-409 NUDITY; IMPROPER DRESS; INDECENT EXPOSURE.

It is unlawful for any person to:

1. Appear in any public place in the city in a state of nudity;
2. Appear in any public place in the city in any offensive, indecent or lewd dress; or
3. Make an indecent public exposure of his or her person.

SECTION 10-410 DEFINITIONS; OBSCENITY REGULATIONS.

The following terms when used in the chapter shall have the meaning respectively ascribed to them in this section:

1. "Obscene" means that to the average person applying contemporary community standards:
   1. The predominant appeal of the matter taken as a whole, is to prurient interest; i.e. shameful or morbid interest in sexual conduct, nudity, or excretion;
   2. The matter depicts or describes in a patently offensive manner sexual conduct regulated by Title 21 of the Oklahoma Statutes; and
   3. The work, taken as a whole, lacks serious literary, artistic, political or scientific value;
2. "Material" means any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical, or electrical reproduction or any other articles, equipment or machines;
3. "Person" means any individual, partnership, firm, association, corporation or other legal entity;
4. "Disseminate" means to transfer possession of, with or without consideration;
5. "Knowingly" means being aware of the character and the content of the material;
6. "Nudity" means the showing of the human male or female genitals or pubic area with less than a fully opaque covering, or the depiction of covered male genitals in a discernible turgid state;
7. "Performance" means any preview, play, show, skit; film, dance or other exhibition performed before an audience;
8. "Available to the public" means that the matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement, or for a separate fee for each item or performance;
9. "Service to patrons" means the provision of services to paying guests in establishments providing food and beverages; including but not limited to hostessing, hat checking, cooking, bar tending, serving, table setting and clearing, waiter and waitressing, and entertaining; and
10. "Promote" means to cause, permit, procure, counsel or assist.

SECTION 10-411 PROHIBITED OBSCENE CONDUCT.

1. A. It is unlawful for any person to;
   1. Knowingly disseminate, sell, offer for sale, publish, display, distribute, make available to the public or buy any obscene material;
   2. Knowingly engage in commerce for commercial gain with materials depicting and describing explicit sexual conduct, nudity, or exhibition utilizing displays, circulars, advertisements and other public sales efforts that promote such commerce primarily on the basis of their prurient appeal;
   3. Knowingly engage or participate in any obscene performance made available to the public; or
   4. Provide service to patrons in such a manner as to expose to public view:
      1. His or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
      2. Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
      3. Any portion of the female breast at or below the areola thereof; or
      4. Knowingly promote the commission of any of the above listed unlawful acts.
2. Each complete or partial display or other material exhibition of any motion picture film or other material shall be deemed to constitute a separate offense. The provisions of Sections 10-410 and 10-411 shall not apply to a projectionist, assistant projectionist, usher or cashier provided such person has no financial interest in the motion picture theatre so long as that person is not acting as director or manager of the theatre.

SECTION 10-412 VAGRANCY DEFINED FOR SPECIFIC ACTS, OFFENSES.

It is unlawful to be a vagrant in the limits of the city. For the purposes of this section, a vagrant means any person who loiters or remains in or wanders about, a public or private place for any of the following purposes:

1. For the purpose of gambling with cards, dice or other gambling paraphernalia;
2. For the purpose of engaging in prostitution or soliciting prostitution or soliciting for an act of lewdness;
3. For the purpose of engaging in theft, or breaking and entering any building, property or automobile of another;
4. For the purpose of injuring, destroying, molesting or defacing any property of another;
5. For the purpose of assaulting any person;
6. For the purpose of begging or soliciting alms, provided that this section shall not apply to persons soliciting alms for bona fide religious, charitable or eleemosynary organizations with the authorization of such organizations; or
7. For the purpose of selling, purchasing, trading or otherwise exchanging, procuring or making available illegal drugs or contraband.

SECTION 10-413 CURFEW FOR MINORS.

1. For the purpose of this section, the following terms shall have the meanings respectively ascribed to them in this section:
   1. "Custodian" is any person over the age of twenty-one (21) years who is in loco parentis to a minor;
   2. "Guardian" is any person or other than a parent who has legal guardianship of a minor;
   3. "Minor" is any person under the age of eighteen (18);
   4. "Parent" is the natural or adoptive parent of a minor; and
   5. "Public place" means any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment or other lawful purpose. A public place shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.
2. It is unlawful for any minor to remain, wander, stroll or play in any public place on foot or to cruise about without a set destination in any vehicle in, about or upon any public place in the city between the hours of 10:00 P.M. and 5:00 A.M. Sunday through Thursday and between the hours of 11:00 P.M. and 5:00 A.M. Friday and Saturday unless:
   1. The minor is accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor;
   2. The minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian or other adult person having the care and custody of the minor; or
   3. Where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation.

   Ord. 2013-08, December 16, 2013

3. It is unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors between the hours of curfew designated in Subsection B of this section.
4. It is unlawful for any parent, guardian, custodian or other adult person having custody or control of any minor to suffer or permit or by inefficient control to allow such person to be on any public place within the city between the hours of curfew designated in Subsection B of this section. The provisions of this section do not apply if:
   1. The minor is accompanied by a parent, guardian, custodian or other adult person having the care, custody or control of the minor;
   2. The minor is on an emergency errand or specific business or activity directed by his parent, guardian, custodian or other adult having the care and custody of the minor; or
   3. The parent, guardian or other adult person herein has made a missing person notification to the city police department.
5. The city council may permit by resolution or motion procedures for advance notice or registration with the city of special events or functions sponsored by churches, schools, clubs or other organizations which require minors to be out at a later time. The city council may also prescribe the procedures for taking into custody minors found in violation of this section.

SECTION 10-414 SLEEPING IN PUBLIC

It is unlawful for any person, between the hours of 12:00 A.M. midnight and 6:00 A.M., to sleep on any street, in any other public place, or on any property of another without the express or tacit consent of the owner or person in charge of such place.

SECTION 10-415 BEGGING PROHIBITED.

It is unlawful for any person to beg alms for any person, organization or agency except an organization or agency, public or private, whose purpose or one of whose purposes is to aid persons in need.

SECTION 10-416 GAMBLING PROHIBITED.

1. It is unlawful for any person, firm or corporation, or agent or employee thereof, to do any of the following:
   1. To play, to open or cause to be opened, or to operate, carry on or conduct, whether for hire or not, any game of faro, monte, poker, roulette, craps, any banking, percentage or other game played with dice, cards, or any device, for money, checks, chips, credit or any other thing of value;
   2. To set up, operate or permit to be operated, any slot machine or other device whatsoever where money, checks, chips, credit or any other things of value are played, when the act of playing the same might result in a gain or loss to the party playing;
   3. To gamble knowingly in any other manner; or
   4. To knowingly permit his or its premises, houses, lot or other property to be used in connection with, or for, any act declared unlawful in this section
2. It is unlawful and an offense against the city for any person to play any roulette wheel or slot machine or any other device or machine wherein the element of chance is involved by losing or winning money, credits, checks or any other representatives of value.

State Law Reference: Authority to prohibit gambling, 11 O.S. Section 22-108.

SECTION 10-417 BEING ABOUT PLACE WHERE GAMBLING IS GOING ON.

It is unlawful for any person to be about in the immediate vicinity where a person or persons are gambling, whether by playing games, operating a slot machine or other device, or otherwise.

SECTION 10-418 HARMFUL DECEPTION.

It is unlawful for any person knowingly to deceive another, whether by impersonation, misrepresentation, or otherwise, when such deception results in or contributes to the loss, damage, harm or injury of the person deceived or of a third party, or results in or contributes to the benefit of the deceiver.

SECTION 10-419 FALSE OR BOGUS CHECKS.

It is unlawful for any person, with intent to cheat and defraud, to obtain or attempt to obtain from any person, firm or corporation, any money, property or valuable thing of the value of One Thousand Dollars($1000.00) or less by means of any false or bogus check or by any other written or printed or engraved instrument or spurious coin. The term "false or bogus check" shall include checks or orders given for money or property which are not honored on account of insufficient funds of the maker to pay same, as against the maker or drawer thereof. The making, drawing, issuing or delivering of a check, draft or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and the knowledge of insufficient funds in or credit with, such bank or other depository. Such maker or drawer shall not have paid the drawee the amount due thereon, together with the protest fees, and the check or order shall be presented for payment within thirty (30) after same is delivered and accepted.
State Law Reference: 21 O.S. Sections 1541.3, 1541.4

Ordinance 2018-02, October 15, 2018

SECTION 10-420 SWINDLING UNLAWFUL.

Every person who, with intent to cheat and defraud, shall obtain or attempt to obtain from any person, firm, or corporation any money, property or valuable thing, of a value less than One Thousand Dollars ($1000.00), by means or by use of any trick or deception, or false or fraudulent representation or statement or pretense, or by any other means or instrument or device commonly called the "confidence game", or by means or use of any false or bogus checks, or by any other written or printed or engraved instrument or spurious coin, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Five Hundred Dollars($500.00).
Reference 21 O.S. 2011 Sec 1541.1

Ordinance 2018-02, October 15, 2018

SECTION 10-421 TRUANCY.

1. It shall be unlawful for a parent, guardian, or other person having custody of a child who is over the age of five (5) years and under the age of eighteen (18) years to neglect or refuse to cause or compel such child to attend and comply with the rules of some public, private or other school.
2. It shall be unlawful for any child who is over the age of twelve (12) and under the age of eighteen (18) years, and who has not finished four (4) years of high school work, to neglect or refuse to attend and comply with the rules of some public, private or other school, or receive an education by other means for the full term the schools of the district are in session; provided, that this section shall not apply if any such child:
   1. Is prevented from attending school by reason of mental or physical ability, to be determined by the Board of Education of the district upon a certificate of the school physician or public health physician or, if no such physician is available, a duly licensed and practicing physician;
   2. Is excused from attendance at school, due to an emergency, by the principal teacher of the school in which the child is enrolled, at the request of the parent, guardian, custodian or other person having control of such child;
   3. Who has attained his or her sixteenth birthday is excused from attending school by the school administrator of the school district where the child attends school, and the parent, guardian or custodian of the child. Provided, further, that no such child shall be excused from attending school by such joint agreement between a school administrator and the parent, guardian or custodian of the child unless and until it has been determined that such action is for the best interest of the child and/or the community, and that such child shall thereafter be under the supervision of the parent, guardian or custodian until the child has reached the age of eighteen (18) years.
3. Any parent, guardian, custodian, child or other person violating any of the provision of this section, upon conviction, shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding that allowed by law. Each day the child remains out of school after the oral and documented or written warning has been given to the parent, guardian, custodian, child or other person or the child has been ordered to school by the juvenile court, may constitute a separate offense. At the trial of any person charged with violating the provisions of this section, the attendance records of the child, or ward, may be presented in court by any authorized employee of the school or the school resource officer.

State law references: Neglect or refusal to compel child to attend school--Exceptions, 70 O.S. Section 10-105.

SECTION 10-422 PREVENTION OF YOUTH ACCESS TO TOBACCO.

1. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
   1. Cigarette means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and costs of or contains:
      1. any roll of tobacco wrapped in paper or in any substance not containing tobacco.
      2. tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filter, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph a of this paragraph.
      3. The term "cigarette" includes "roll-your-own" (i.e. any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes.) For purposes of this definition of cigarette, nine one-hundredths (0.09) of an ounce of "roll-your-own" tobacco shall constitute one individual "cigarette".
   2. Proof of age means a driver's license, license for identification only, or other generally accepted means of identification that describes the individual as eighteen (18) years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid.
   3. Sample means a tobacco product distributed to members of the public at no cost for the purpose of promoting the product.
   4. Sampling means the distribution of samples to members of the public in a public place.
   5. Tobacco product means any product that contains tobacco and is intended for human consumption.
   6. Transaction scan means the process by which a seller checks, by means of a transaction scan device, the validity of a driver's license or other government-issued photo identification.
   7. Transaction scan device means any commercial device or combination of devices used at a point of sale or entry that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver's license or other government-issued photo identification; and
   8. Transaction scan device means any commercial device or combination of devices used at a point of sale or entry that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver license or other government-issued photo identification.

Ord. 2013-03, August 19, 2013

2. Furnishing or sale of tobacco products to minors.
   1. It shall be unlawful for any person to sell, give, or furnish in any manner any tobacco product to another person who is under eighteen (18) years of age or to purchase in any manner a tobacco product on behalf of any such person. It shall not be unlawful for an employee under eighteen (18) years of age to handle tobacco products when required in the performance of employee's duties.
   2. Any person engaged in the sale or distribution of tobacco products shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under eighteen (18) years of age. If an individual engaged in the sale or distribution of tobacco products has demanded and was shown proof of age from a prospective purchaser or recipient who is not under eighteen (18) years of age, the failure to subsequently require proof of age shall not constitute a violation of subsection B. of this section.
   3. Defenses. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age shall be a defense to prosecution under subsections A. or B. of this section. A person cited for violation of this section shall be deemed to have reasonably relied upon proof of age, and such person shall not be found guilty of such violation, if such person proves that:
      1. The individual who purchased or received the tobacco product presented a driver's license or other government-issued photo identification purporting to establish that such individual was eighteen (18) years of age or older; and
      2. The person cited for the violation confirmed the validity of the driver's license or other government-issued photo identification presented by such individual by performing a transaction scan by means of a transaction scan device.
      3. Provided, that this defense shall not relieve from liability any person cited for a violation of this section if such person failed to exercise reasonable diligence to determine whether the physical description and picture appearing on the driver's license or other government-issued photo identification was that of the individual who presented it. The availability of the defense described in this subsection does not affect the availability of any other defense under any other provision of law.
   4. When a person is convicted or enters a plea and receives a continued sentence for a violation of subsections A or B of this section, the total of any fines, fees, or costs shall not exceed the following:
      1. One Hundred Dollars ($100.00) for the first offense;
      2. Two Hundred Dollars ($200.00) for the second offense within a two-year period following the first offense; and
      3. Three Hundred Dollars ($300.00) for the third or subsequent offense within a two-year period following the first offense.
         Ord. 2013-03, August 19, 2013
3. Receipt of tobacco products by minors.
   1. It shall be unlawful for any person who is under eighteen (18) years of age to purchase, receive, or have in his or her possession a tobacco product, or to present or offer to any person any purported proof of age which is false or fraudulent for the purpose of purchasing or receiving any tobacco product. It shall not be unlawful for an employee under age eighteen (18) years of age to handle tobacco products when required in the performance of the employee's duties.
      Ord. 2013-03, August 19, 2013
   2. When a person is convicted or enters a plea and receives a continued sentence for a violation of subsection A of this section, the total of any fines, fees, or costs shall not exceed the following:
      1. One hundred dollars ($100.00) for a first offense; and
      2. Two hundred dollars ($200.00) for a second or subsequent offense within a one-year period following the first offense.
         Ord. 2013-03, August 19, 2013
4. Distribution of tobacco product samples.
   1. It shall be unlawful for any person to distribute tobacco products or product samples to any person under eighteen (18) years of age.
      Ord. 2013-03, August 19,2013
   2. No person shall distribute tobacco product samples in or on any public street, sidewalk, or park that is within three hundred (300) feet of any playground, school, or other facility when the facility is being used primarily by persons under eighteen (18) years of age.
      1. When a person is convicted or enters a plea and receives a continued sentence for a violation of subsections A or B of this section, the total of any fines, fees, or costs shall not exceed the following:
         1. One Hundred Dollars ($100.00) for the first offense;
         2. Two Hundred Dollars ($200.00) for the second offense;
         3. Three Hundred Dollars ($300.00) for the third or subsequent offense.
            Ord. 2013-03, August 19, 2013
5. Sale of tobacco products except in original, sealed package.
   1. It is unlawful for any person to sell cigarettes except in the original, sealed package in which they were placed by the manufacturer.
   2. When a person is convicted or enters a plea and receives a continued sentence for a violation of this section, the total of any fines, fees, or costs shall not exceed Two Hundred Dollars ($200.00) for each offense.
      Ord. 2013-03, August 19, 2013
6. Public Access to Displayed Tobacco Products.
   1. It is unlawful for any person or retail store to display or offer for sale tobacco products in any manner that allows public access to the tobacco product without assistance from the person displaying the tobacco product or an employee or the owner of the store. The provisions of this subsection shall not apply to retail stores which do not admit into the store persons under eighteen (18) years of age.
   2. When a person is convicted or enters a plea and receives a continued sentence for a violation of this section, the total of any fines, fees, or costs shall not exceed Two Hundred Dollars ($200.00) for each offense.
      Ord. 2013-03, August 19, 2013
7. Report of Violations and Compliance Checks
   1. Any conviction for a violation of this Article and any compliance checks conducted by the Police Department pursuant to subsection B. of this section shall be reported in writing to the Alcoholic Beverage Laws Enforcement ("ABLE") Commission within thirty (30) days of the conviction or compliance check. Such reports shall be compiled in the manner prescribed by the ABLE Commission. Convictions shall be reported by the [Court Administrator/Court Clerk] or his designee and compliance checks shall be reported by the Chief of Police or his designee.
      Ord. 2013-03, August 19, 2013
   2. Persons under eighteen (18) years of age may be enlisted by the Police Department to assist in enforcement of this Article pursuant to the rules of the ABLE Commission.
      Ord. 2013-03, August 19, 2013

SECTION 10-423 CONTRIBUTING TO THE DELINQUENCY OF A MINOR.

1. "Any person" as used in this section means any human being, without regard to the legal or natural relationship to a minor, as well as legal or corporate entities. "Minor" means any person under the age of eighteen (18) years.
2. Any person who shall knowingly or wilfully cause, aid, abet or encourage a minor to be, to remain, or to become a delinquent child, as defined by state law, shall be guilty of an offense.
   State law references: Contributing to delinquency of minors, 21 O.S. 856 et seq.

SECTION 10-424 SMOKING IN PUBLIC PLACES AND INDOOR WORKPLACES

1. Definitions
   The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
   1. Indoor workplace means any indoor place of employment or employment-type service for or at the request of another individual or individuals, or any public or private entity, whether part-time or full-time and whether for compensation or not. Such services shall include, without limitation, any service performed by an owner, employee, independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee, associate, servant or volunteer. An indoor workplace includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees, and all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like. The provisions of this section shall apply to such indoor workplace at any given time, whether or not work is being performed;
   2. Electronic smoking device means an electronic and/or battery-operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances. Electronic smoking device includes any such device, whether manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, and electronic hookah, or any other product name or descriptor;
   3. Outdoor area means any covered area, partially covered area or area open to the sky that is on a property owned by the city.
   4. Public place means any enclosed indoor area where individuals other than employees are invited or permitted; the term is synonymous with the phrase any indoor place used by or open to the public;
   5. Restaurant means any eating establishment regardless of seating capacity;
   6. Recreational area means any area that is owned, controlled or used by the City of Maud and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "Recreational Area" includes but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller- and ice-skating rinks, beaches surrounding lakes and skateboard parks.
   7. Smoking means the carrying by a person of a lighted cigar, cigarette, pipe or lighted smoking device;
   8. Stand-alone bar, stand-alone tavern, and cigar bar means an establishment that derives more than 60 percent of its gross receipts, subject to verification by competent authority, from the sale of alcoholic beverages and low-point beer and no person under 21 years of age is admitted, except for members of a musical band employed or hired as provided in paragraph 2 of subsection B of Section 537 of Title 37 of the Oklahoma Statutes and that is not located within, and does not share any common entryway of common indoor area with, any other enclosed indoor workplace, including a restaurant; and
   9. Tobacco product means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body. "Tobacco Product" does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
      Ord. 2013-04, September 16, 2013
2. Prohibition of Tobacco Products and Electronic Smoking Devices in Certain Places Prohibited.
   1. The possession of lighted tobacco in any form is a public nuisance and dangerous to public health and is hereby prohibited when such possession is in any indoor place used by or open to the public, public transportation, or any indoor workplace, except where specifically allowed by law.
   2. All buildings and other properties, including indoor and outdoor areas, owned or operated by this city, shall be entirely tobacco free to include all forms of tobacco products including electronic smoking devices.
   3. All indoor and outdoor recreational areas owned or operated by this city, shall be entirely tobacco free to include all forms of tobacco products including electronic smoking devices.
      Ord. 2013-04, September 16, 2013
3. Exemptions
   The restrictions provided in Section 2 shall not apply to the following:
   1. stand-alone bars, stand-alone taverns and cigar bars;
   2. the room or rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games;
   3. up to 25 percent of the guest rooms at a hotel or other lodging establishment;
   4. retail tobacco stores predominantly engaged in the sale of tobacco products and accessories and in which the sale of other products is merely incidental and in which no food or beverage is sold or served for consumption on the premises;
   5. workplaces where only the owner or operator of the workplace, or the immediate family of the owner or operator, performs any work in the workplace, and the workplace has only incidental public access. "Incidental public access" means that a place of business has only an occasional person, who is not an employee, present at the business to transact business or make a delivery. It does not include businesses that depend on walk-in customers for any part of their business;
   6. workplaces occupied exclusively by one or more smokers, if the workplace has only incidental public access;
   7. private offices occupied exclusively by one or more smokers;
   8. private residences and workplaces within private residences, except that smoking shall not be allowed inside any private residence that is used as a licensed child care facility during hours of operation;
   9. medical research or treatment centers, if smoking is integral to the research or treatment;
   10. a facility operated by a post or organization of past or present members of the Armed Forces of the United States which is exempt from taxation pursuant to Sections 501 (c)(8), 501 (c)(10) or 501 (c)(19) of the Internal Revenue Code, 26 U.S.C., Sections 501 (c)(8), 501 (c)(10) or 501 (c)(19), when such facility is utilized exclusively by its members and their families and for the conduct of post or organization nonprofit operations except during an event or activities which is open to the public; and
   11. any outdoor seating area of a restaurant; provided, smoking shall not be allowed within 15 feet of any exterior public doorway or any air intake of a restaurant.
       Ord. 2013-04, September 16, 2013
4. Designated Smoking Rooms and Areas
   1. An employer not otherwise restricted from doing so under this article may elect to provide smoking rooms where no work is performed except for cleaning and maintenance during the time the room is not in use for smoking, provided each smoking room is fully enclosed and exhausted directly to the outside in such a manner that no smoke can drift or circulate into a nonsmoking area. No exhaust from a smoking room shall be located with 15 feet of any entrance, exit or air intake.
   2. If smoking is to be permitted in any space exempted in Section 3 of this article or in a smoking room pursuant to Subsection A of this section, such smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area, and under negative air pressure so that no smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from a smoking room shall not be exhausted within 15 feet of any entrance, exit or air intake. Any employer may choose a more restrictive smoking policy, including being totally smoke free.
   3. A nursing facility licensed pursuant to the Nursing Home Care Act may designate smoking rooms for residents and their guests. Such rooms shall be fully enclosed, directly exhausted to the outside, and shall be under negative air pressure so that no smoke can escape with a door is opened and no air is recirculated to nonsmoking areas of the building.
   4. Restaurants shall be totally nonsmoking or may provide nonsmoking areas and designated smoking rooms. Food and beverage may be served in such designated smoking rooms which shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so smoke cannot escape when a door is opened, and no air is recirculated to nonsmoking areas of the building. No exhaust from such room shall be located within 25 feet of any entrance, exit or air intake. Such room shall be subject to verification for compliance with the provisions of this subsection by the State Department of Health.
      Ord. 2013-04, September 16, 2013
5. Posting
   1. The person who owns or operates a place where smoking or tobacco use is prohibited by law shall be responsible for posting a sign or decal, at least four inches by two inches in size, at each entrance to the building indicating that the place is smoke-free or tobacco-free.
   2. Responsibility for posting signs or decals shall be as follows:
      1. in privately owned facilities, the owner or lessee, if a lessee is in possession of the facilities, shall be responsible;
      2. in corporately owned facilities, the manager and/or supervisor of the facility involved shall be responsible; and
      3. in publicly owned facilities, the manager and/or supervisor of the facility shall be responsible.
         Ord. 2013-04, September 16, 2013
6. Violation and Penalty
   Any person who knowingly violates this article is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less that $10.00 nor more that one hundred dollars ($100.00).
   Ord. 2013-04, September 16, 2013
7. Enforcement
   The State or local governmental agency or the person who owns or operates a public place shall, at a minimum, do the following in order to prevent smoking in public places:
   1. post signs at entrances to places where smoking is prohibited which state that tobacco use is prohibited or that the indoor environment is free of tobacco smoke; and
   2. ask tobacco users to refrain from using any form of tobacco products, including electronic smoking devices upon observation of anyone violating the provisions of this act.
      Ord. 2013-04, September 16, 2013

SECTION 10-425 SOCIAL HOST ORDINANCE

1. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
   1. Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
   2. Alcoholic beverage includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits or wine beer, and which contains one-half of one percent or more, of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. This term includes intoxicating beverages and low point beer as defined herein.
   3. Gathering is a party, gathering, or event where a group of three or more persons have assembled or are assembling for a social occasion or social activity.
   4. Legal guardian means:
      1. A person who, by court order, is the guardian of the person of a minor; or
      2. A public or private agency with whom a minor has been placed by the court.
   5. Minor means any person under 21 years of age.
   6. Parent means a person who is a natural parent, adoptive parent, foster parent, or step-parent of another person.
   7. Premises means any residence or other private property, place or premises, including any commercial or business premises.
   8. Response costs are the costs associated with respect to responses by law enforcement, fire and other emergency response providers to a gathering, including but not limited to:
      1. Salaries and benefits of law enforcement, code enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at or otherwise dealing with a gathering, and the administrative cost attributable to such responses;
      2. The cost of any medical treatment for any law enforcement, code enforcement, fire or other emergency response personnel injured, responding to, remaining at or leaving the scene of a gathering;
      3. The cost of repairing any city equipment or property damaged, and the cost of the use of any such equipment in responding to, remaining at or leaving the scene of a gathering; and
      4. Any other allowable costs relating to the enforcement of this section.
2. Consumption of alcohol by minor in public place, place open to the public or place not open to the public.
   Except as permitted by state law, it is unlawful for any minor to:
   1. Consume any alcoholic beverage at any public place or any place open to the public; or
   2. Consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage by a minor who is being supervised by his or her parent or legal guardian.
3. Hosting, permitting or allowing a party, gathering or event where minors are consuming alcoholic beverages prohibited.
   1. It is the duty of any person having control of any premises, who knowingly hosts, permits or allows a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. Reasonable steps are controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering by inspecting drivers' licenses or other government issued identification cards to insure that minors do not consume alcoholic beverages while at the gathering; and supervising the activities of minors at the gathering.
   2. It is unlawful for any person having control of any premises to knowingly host, permit or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage, whenever the person having control of the premises, either knows a minor has consumed an alcoholic beverage or reasonably should have known that a minor consumed an alcoholic beverage, had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage by a minor as set forth in sub-section (A) of this section.
   3. This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian.
   4. Nothing in this section should be interpreted to prohibit any family activity held in the confines of the family home from providing the use of alcohol to immediate family members within the supervision of parents and guardians. However, if a minor leaves such a family gathering intoxicated and is found in public, then said providers of alcohol will be held responsible in the same manner as at a non-family gathering.
   5. Nothing in this section should be interpreted to prohibit any religious practice which includes the use of alcohol. However, if a minor leaves such a religious gathering intoxicated, and is found to be in public, then said providers of alcohol will be held responsible in the same manner as at a non-religious gathering.
   6. This section shall not apply to any premises licensed by the state to dispense alcoholic beverages.
4. Penalty.
   Any person who shall violate the provisions of this section shall be deemed guilty of an offense against the city and upon conviction thereof shall be punished by a fine of up to Five Hundred Dollars($500.00), plus all court costs and statutory penalties.
   Ordinance 2014-04, September 15, 2014
   Ordinance 2018-02, October 15, 2018

CHAPTER 5

OFFENSES AGAINST PERSONS

SECTION 10-501 ASSAULT AND BATTERY PROHIBITED,

1. An assault is any intentional, willful, or unlawful attempt or offer with force or violence to do a corporal hurt to another.
2. A battery is any intentional, willful or unlawful use of force or violence upon the person of another, or by making any physical contact with another without consent.
3. It is unlawful to commit an assault or an assault and battery within the jurisdiction of the city. Any person committing an assault or an assault and battery within the jurisdiction of the city, shall be guilty of an offense.
4. Should it be necessary for a police officer to use a taser on any person violating this code section, then a fee of Thirty Dollars ($30.00) shall be added to any fine or penalties and costs or other punishment given to the defendant; that this fee shall be collected as any court ordered fine and costs.

CHAPTER 6

OFFENSES AGAINST PUBLIC AUTHORITY

SECTION 10-601 RESISTING AN OFFICER.

1. It is unlawful to resist, oppose or assault, or in any way interfere with a police officer or any person duly authorized to act as such, while the officer or person is discharging or attempting to discharge his official duties within the limits of the city.
2. It is unlawful for any person to warn or signal another so as to assist such other person to flee, escape or evade an officer seeking to make an arrest or for any person to bar or lock any door or barrier in the face of or in front of an approaching officer.
3. Resisting an officer is the intentional opposition or resistance to, or obstruction of, an individual acting in his official capacity, and authorized by law to make a lawful arrest or seizure of property, or to serve any lawful process or court order, when the offender knows or has reason to know that the person arresting, seizing property, or serving process is acting in his official capacity,
4. The words "obstruction of" shall, in addition to their common meaning, include;
   1. Flight by one sought to be arrested before the arresting officer can restrain him and after notice is given that he is under arrest;
   2. Any violence toward or any resistance or opposition to the arresting officer after the arrested party Is actually placed under arrest and before he is under arrest; or
   3. Refusal by the arrested party to give his name and make his identity known to the arresting officer.
5. Should it be necessary for a police officer to use a taser on any person violating this code section, then a fee of Thirty Dollars ($30.00) shall be added to any fine or penalties and costs or other punishment given to the defendant; that this fee shall be collected as any court ordered fine and costs.

SECTION 10-602 REFUSING OR FAILING TO ASSIST AN OFFICER.

1. An officer of the city making or about to make an arrest, or executing or about to execute a warrant or other process, in accordance with the ordinances of the city or with state or federal law, or suppressing or about to suppress a riot, affray or unlawful assembly, may call upon a person or persons to assist him in making such arrest, executing such process or suppressing such riot, affray or unlawful assembly.
2. It is unlawful for any person lawfully called upon thus to assist an officer of the city to refuse or fail to do so.

SECTION 10-603 ASSAULT OR BATTERY UPON POLICE OR OTHER LAW OFFICER.

It is unlawful for any person to knowingly commit any assault, battery or assault and battery upon the person of a police officer or other officer of the law while in the performance of his duties.

SECTION 10-604 RESCUING PRISONERS.

It is unlawful for any person, in any illegal manner, to set at liberty, rescue or attempt to set at liberty, any prisoner or prisoners, from any officer or employee of the city having legal custody of the same or from the city jail or other place of confinement by the city, or to assist such prisoner in any manner to escape from such prison or custody either before or after conviction, including escape from a vehicle of confinement.

SECTION 10-605 ESCAPE OF PRISONERS.

It is unlawful for any person confined in the city jail or other place of confinement by the city, or working upon the streets or other public places of the city in pursuance of any judgment, or otherwise held in legal custody by authority of the city, to escape or attempt to escape from any such jail, prison or custody.

SECTION 10-606 IMPERSONATING AN OFFICER OR EMPLOYEE.

It is unlawful for any person to impersonate any officer or employee of the city, falsely represent himself to be an officer or employee of the city, or exercise or attempt to exercise any of the duties, functions or powers of an officer or employee of the city without being duly authorized to do so.

SECTION 10-607 FALSE ALARMS.

It is unlawful for any person to turn in a false alarm of any nature or in any manner to deceive or attempt to deceive the fire department or police department or any officer or employee thereof with reference to any fire alarm or reported fire, accident or other emergency or knowingly to cause the fire department or police department or its officers or employees to make a useless run.

SECTION 10-608 FALSE REPRESENTATION TO AN OFFICER.

It is unlawful for any person, firm or corporation, or any agent or employee thereof, knowingly to make any material misrepresentation to any officer, employee or agency of the city government in any official application to, or official dealing or negotiation with, such officer or agency; or to commit perjury before any tribunal or officer of the city.

SECTION 10-609 REMOVAL OF BARRICADES.

It is unlawful for any person except by proper authority to remove any barricade or obstruction placed by authority of the city to keep traffic off any pavement, street, curb, sidewalk or other area.

SECTION 10-610 RESISTING PUBLIC OFFICIALS.

It is unlawful for any person knowingly or willfully to:

1. Resist, oppose or obstruct the chief of police, any other police officer, the municipal judge, or any other officer or employee of the city in the discharge of his official duties;
2. Threaten or otherwise intimidate or attempt to intimidate any such officer or employee from the discharge of his official duties; or
3. Assault or beat, or revile, abuse, be disrespectful to, use abusive or indecent language toward or about, any such officer or employee while such officer or employee is in the discharge of his official duties.

SECTION 10-611 ELUDING POLICE OFFICER.

It is unlawful for any operator of a motor vehicle who has received a visual and audible signal, a red light and a siren from a police officer driving a motor vehicle showing the same to be an official police car, directing the operator to bring his vehicle to a stop, and who willfully increases his speed or extinguishes his lights in an attempt to elude such police officer, or who does elude such police officer.

CHAPTER 7

PENALTIES

SECTION 10-701 GENERAL PENALTIES.

1. The penalties for the OFFENSES AND CRIMES set forth in this section shall be the minimum bond payment and Court Appearance shall be mandatory; that the maximum fine on any of the following offenses shall not exceed $750.00 subject to applicable state law and that the defendant can be sentenced to the fines and or up to 30 days in jail.


2. Fine Schedule

   Offense	Reference	Fine Amount
   Animal at Large 1st Offense	Sec 4-104	$150.00
   Animal at Large 2nd Offense	Sec 4-104	$300.00
   Assault	Sec 10-501	$250.00
   Assault and Battery	Sec 10-501	$400.00
   Carrying Concealed Weapon	Sec 10-306	$350.00
   Contribute to the Delinquency of a Minor	Sec 10-423	$400.00
   Curfew Violation	Sec 10-413	$100.00
   Defacing Building/Damaging Property	Sec 10-203	$350.00
   Defacing Public Buildings or Property/Trespass	Sec 10-213	$350.00
   Discharge Firearm in City Limits	Sec 10-308	$350.00
   Disturbing the Peace	Sec 10-301	S450.00
   False Representation to an Officer	Sec 10-608	$450.00
   Failure to Register Dog	Sec 4-121	$75.00
   Fireworks-Prohibited Use	Sec 10-303	$150.00
   Harbor a Vicious Animal	Sec 4-102	$350.00
   Littering	Sec 8-112	$200.00
   Minor in Possession of Tobacco	Sec 10-422	$300.00
   Minor in Possession of Beer	Sec 3-209	$350.00
   Possession of Drug Paraphernalia	Sec 10-404	$400.00
   Possession of Marijuana	Sec 10-404	$500.00
   Public Intoxication	Sec 10-401	$200.00
   Resisting an Officer	Sec 10-601	$350.00
   Resisting Public Official(Obstruction)	Sec 10-610	$250.00
   Resisting Arrest	Sec 10-601	$450.00
   Trespassing Public/Private	Sec 10-213	$200.00
   Truancy first offense	Sec 10-421	$150.00
   Truancy subsequent offenses	Sec 10-421	$300.00
   Tampering with Utilities first Offense	Sec 17-203	$300.00
   Tampering with Utilities subsequent Offenses	Sec 17-203	$500.00



3. All other Crimes and Offenses not specifically listed shall carry a maximum penalty of $750.00 not to exceed any applicable state maximum and or up to 30 days in jail.
4. The fee for Warrants issued shall be the total of the fine plus $200.00; that $100.00 of each Warrant fee be deposited in the Police Department Equipment Reserve Fund, to be used for the purchase, upkeep, and maintenance of Police Department equipment and uniforms.
5. The Court Costs, not to exceed the state maximum, and all applicable state and local fees and assessments will be added to all fines collected;
6. Payment of a fine; fees, court cost and any jail time that may be given has been served shall constitute a final determination of the cause against the defendant. If a defendant who has elected or been ordered by the Court to pay a fine, fees, court cost and fails to do so, prosecution shall proceed under the applicable Ordinances of the City of Maud;
7. The Court may adopt specific rules to enforce and effect this Ordinance.

Ordinance 2018-02, October 15, 2018