CHAPTER IX
PENAL OFFENSES
Section 900 – LOITERING, CURFEW, INDECENT CONDUCT
900.01 Prohibition. The following offenses against the public peace are hereby prohibited.
900.05 Lurking or Loitering. Lurking, loitering, or being concealed in, upon, or near the public streets, highways, roads, alleys, parks, playgrounds, sidewalks, or other public grounds, and public buildings, places of amusement, entertainment or refreshment, vacant lots, parking lots, or other unsupervised places or any property, whether public or private, not his or her own is prohibited:
(a) When such conduct results in the making of any noise, riot, disturbance, or improper diversion, to the annoyance or disturbance of another; or
(b) When such conduct tends reasonably to or is likely to arouse alarm, anger, fear, or resentment in another; or
(c) When such conduct is with intent to do any mischief or to commit any crime or unlawful act; or
(d) When such persons shall collect in groups or crowds, in, upon or near any street, sidewalk, or public place in the City so as to obstruct public travel or movement thereof.
(e) Further, it is unlawful for any adult, parent, or guardian to knowingly or negligently permit their juvenile child to violate this Section. The second violations by a juvenile of this Section shall be prima facie evidence that the adult, parent, or guardian knowingly or negligently permitted the juvenile to violate this Section 900.
900.10 Loitering of Minors Prohibited - Curfew.
Subd. 1. Juveniles Fourteen and Younger. It shall be unlawful for any minor 14 years of age or younger to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 10:00 p.m. and 5:00 a.m. of the following day, provided, however, that provisions of this Subsection 900.10 do not apply to a minor accompanied by his or her parent. guardian, or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor. Each violation of the provisions of this Subsection 900.10 shall constitute a separate offense.
Juveniles Fifteen through Seventeen. It shall be unlawful for any minor fifteen (15), sixteen (16), or seventeen (17) years of age to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 10:00 p.m. and 5:00 a.m. of the following day, on Sunday, Monday, Tuesday, Wednesday and Thursday nights, official City time, from September 1 to May 31, and between the hours of 12:00 midnight and 5:00 a.m. of the following day on Friday and Saturday nights and/or on nights preceding Westonka School District holidays or when the Westonka Schools will not be in session, official City time, from September 1 to May 31, and between the hours of midnight and 5:00 a.m. of the following day, official City time, from June 1 to August 31, provided, however, that provisions of this Subsection 900.10 do not apply to a minor accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor. Each violation of the provisions of this Subsection 900.10 shall constitute a separate offense. (ORD. #50-1991, 12-9-91)
Subd. 2. Responsibility of Parents. It shall be unlawful for the parent, guardian, or other adult person having the care and custody of a minor to violate Subsection 900.10, Subd. 1. under the age of 18 years to knowingly permit such minor to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 10:00 p.m. and 5:00 a.m. of the following day official City time, from September 1 to May 31, and between the hours of midnight and 5:00 a.m. of the following day, official City time, from June 1 to August 31; provided, however, that the provisions of this Subsection 900.10 do not apply when the minor is accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor. Each violation of the provisions of this Subsection 900.10 shall constitute a separate offense. (ORD. #50-1991, 12-9-91)
Subd. 3. Responsibility of Proprietors, Operators and Employees. It shall be unlawful for the proprietor, operator, or any employee of any commercial establishment to knowingly permit any person under the age of 18 years to loiter, idle, wander, or in any way remain in or around and about said establishment during the hours prohibited by Subsection 900.10 except when such person is accompanied by his or her parent, guardian, or other adult person having the care and custody of such person or where the person is upon an emergency errand, or legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the person under age 18.
Subd. 4. Change of Hours Under Certain Circumstances. The Mayor or the City upon application of the Superintendent of Schools may change the said hours when such loitering is prohibited so as to allow and permit school children to attend functions, entertainment, or activities conducted, sponsored, or approved by the Board of Education of such School District; provided, however, that such time shall not be extended to later than 12 o'clock midnight. When and if an extension shall be granted by said Mayor, said Mayor shall forthwith advise the Chief of Police of the day or days when said hours are changed and the hours applicable on such dates.
900.11 Trespassing and Congregating on Business/Municipal Parking Lots and Private Business Premises.
Subd. 1. Definitions. As used in this ordinance, the words and phases, except where the text clearly indicates otherwise, mean:
(1) Business/Municipal parking lot: Any parking lot adjacent to or in the immediate vicinity of any store, restaurant, gasoline station, public or private office building, commercial buildings, industrial facility, or any other facility which provides free parking for the use and convenience of employees, customers, patrons, guests or invitees.
(2) Private business premises: Any lands or buildings, or any part thereof, owned or occupied by any store, restaurant, office, factory, church or any other business, whether for profit or not for profit.
(3) Owner. Any owner or other person lawfully in charge of a business parking lot, including any person authorized by the owner to rights granted the owner by law.
Subd. 2. Use of Business/Municipal Parking Lots Restricted. No person shall drive any vehicle across, through, into, or out of any business/municipal parking lot in the city except for the purpose of:
(1) Parking immediately prior to transacting business at a place of business, attending church services, attending lodge or club activity, attending promotional event, fair or parade, shopping, or patronizing a facility open to the public, adjacent to or in the immediate vicinity of a business/municipal parking lot;
(2) Leaving after parking;
(3) Leaving a passenger to transact business at a place of business, attending church services, attending lodge or club activity, attending promotional event, fair or parade, shopping's, or patronizing a facility open to the public, adjacent to or in the immediate vicinity of a business/ municipal parking lot;
(4) Picking up a passenger; or
(5) Parking while employed at a business in the immediate vicinity.
Subd. 3. Congregating Prohibited. Except for the permitted purposes stated in Subsection 900.11, Subd. 2, no person shall linger, remain, sit or stand in any business/municipal parking lot or private business premises, when prohibited by the owner of a business parking lot or private business premises as expressed by a sign or signs posted on the premises pursuant to Subsection 900.11, Subd. 5, nor shall any person remain in a business/municipal parking lot or private business premises after being ordered to leave the lot by the owner or authorized agent.
Subd. 4. Trespassing Prohibited.
(1) No person shall enter or stay on any business/ municipal parking lot or private business premises, without claim of right or consent of the lawful possessor, during such hours as entry is prohibited by conspicuously posted signs; or
(2) No person shall enter upon the land of another and, without claim of right, refuse to depart therefrom on demand of the lawful possessor or their agent.
Demand:
A demand to depart may be made orally or by posting at reasonable intervals signs which prohibit trespass on the affected land. Any city police officer may be appointed an agent of the lawful possessor or land for the purpose of making a demand to depart therefrom.
Subd. 5. Signs Prohibiting Trespassing and Congregating. The prohibition set out in the Subsection 900.11, Subd. 3 and Subd. 4 shall be in effect at any business/municipal lot or private business premises where the owner has posted a sign or signs as provided in those subdivisions on the premises which are visible to an ordinarily prudent individual. With reference to Subsection 900.11, Subd. 2 and Subd. 3, each sign shall contain substantially the following language:
NO CONGREGATING OR CRUISING
VIOLATORS WILL BE PROSECUTED
With reference to Subsection 900.11, Subd. 4, the sign shall contain substantially the following language:
NO PARKING OR TRESPASSING
BETWEEN ________ P.M. AND _________ A.M.
VIOLATORS WILL BE PROSECUTED
Subd. 6. Exceptions. The following uses of a business/ municipal parking lot or private business premises shall not be in violation of this ordinance:
(1) Entrance by owner, occupant, or the employees and agents of the owners or occupant;
(2) Entrance by customers, patrons, suppliers and other persons having lawful business at the business premises or other facility served by the business/municipal park lot during normal business hours, or when such business or facility is otherwise open to the public;
(3) Temporary entrance in any emergency;
(4) Entrance by police officers and city officials in the course of their duty.
Subd. 7. Penalties. A violation of this section shall be a petty offense. (ORD. #34-1989 9-18-89)
900.15 Indecent Conduct. No person shall appear in any street or in a public or exposed place in a state of nudity or in a dress not belonging to his or her sex, or make any indecent exposure of his or her person or perform or utter any obscene or filthy act or any lewd or indecent, immoral, profane, or insulting conduct, language or behavior, or exhibit, sell or offer for sale any indecent, obscene, or lewd book, picture, or other thing, or exhibit or perform any indecent, immoral, or lewd play or other representation.
900.20 Window Peeping. No person shall go on or over property owned or occupied by another for the purpose of looking or peeping into any window, door, skylight, or other opening in a house, room, or building to observe the actions of occupants of any such house, room or building, not shall any person, in any public or private place, enter a toilet designated for the use by the opposite sex, or look into any window or other opening for any indecent, immoral, or unlawful purpose.