11-1 1Municipal code references Animals and fowls: title 10

11-1 1Municipal code references Animals and fowls: title 10
11-1
TITLE 11
MUNICIPAL OFFENSES1
CHAPTER
1. ALCOHOL.
2. FORTUNE TELLING, ETC.
3. OFFENSES AGAINST THE PERSON.
4. OFFENSES AGAINST THE PEACE AND QUIET.
5. INTERFERENCE WITH PUBLIC OPERATIONS AND PERSONNEL.
6. FIREARMS, WEAPONS AND MISSILES.
7. TRESPASSING, MALICIOUS MISCHIEF AND INTERFERENCE WITH
TRAFFIC.
8. MISCELLANEOUS.
9. CURFEW REGULATIONS.
CHAPTER 1
ALCOHOL2
SECTION
11-101. Drinking beer, etc., on streets, etc.
11-102. Minors in beer places.
11-101. Drinking beer, etc., on streets, etc. It shall be unlawful for
any person to drink or consume, or have an open container of beer or
intoxicating liquor in or on any public street, alley, avenue, highway, sidewalk,
public park, public school ground or other public place unless the place has a
permit and/or license for on premises consumption. (1995 Code, § 11-101)
1
Municipal code references
Animals and fowls: title 10.
Housing and utilities: title 12.
Fireworks and explosives: title 7.
Traffic offenses: title 15.
Streets and sidewalks (non-traffic): title 16.
2
Municipal code reference
Sale of alcoholic beverages, including beer: title 8.
State law reference
See Tennessee Code Annotated § 33-8-203 (Arrest for Public
Intoxication, cities may not pass separate legislation).
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11-102. Minors in beer places. No person under twenty-one (21) years
of age shall loiter in or around, work in, or otherwise frequent any place where
beer is sold at retail for consumption on the premises. (1995 Code, § 11-102)
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CHAPTER 2
FORTUNE TELLING, ETC.
SECTION
11-201. Fortune telling, etc.
11-201. Fortune telling, etc. It shall be unlawful for any person to
conduct the business of, solicit for, or ply the trade of fortune teller, clairvoyant,
hypnotist, spiritualist, palmist, phrenologist, or other mystic endowed with
supernatural powers. (1995 Code, § 11-201)
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CHAPTER 3
OFFENSES AGAINST THE PERSON
SECTION
11-301. Assault and battery.
11-301. Assault and battery. It shall be unlawful for any person to
commit an assault or an assault and battery upon any person. (1995 Code,
§ 11-301)
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CHAPTER 4
OFFENSES AGAINST THE PEACE AND QUIET
SECTION
11-401. Disturbing the peace.
11-402. Unnecessary noise standard.
11-401. Disturbing the peace. No person shall disturb, tend to disturb,
or aid in disturbing the peace of others by violent, tumultuous, offensive or
obstreperous conduct, and no person shall knowingly permit such conduct upon
any premises owned or possessed by him or under his code. (Ord. #08-16, Feb.
2008)
11-402. Unnecessary noise standard. (1) Subject to the provisions of
this subsection any loud noise or any noise, which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety of others,
within the limit of the city shall be prohibited.
The following acts, among others, are declared to be loud, disturbing and
unnecessary noises in violation of this section, but said enumeration shall not
be deemed to be exclusive, namely:
(a)
Horns, signaling devices, etc. The sounding of any horn or
signaling device on any automobile, motorcycle, truck or other vehicle on
any street or public place of the city, except as a danger warning; the
creation by means of any such signaling device of any unreasonably loud
or harsh sound; and the sounding of any such device for an unnecessary
and unreasonable period of time. The use of any signaling device except
one operated by hand or electricity; the use of any horn, whistle or other
device operated by engine exhaust; and the use of any such signaling
device when traffic is for any reason held up.
(b)
Radio, phonographs, live bands, amplifiers, loudspeakers,
etc. The using, operating, or permitting to be played, used or operated
any radio receiving set, musical instrument, phonograph, live band,
amplifiers, loudspeakers, or other machine or device for the producing or
reproducing of sound in such manner as to disturb the peace, quiet and
comfort of the neighboring inhabitants or at any time with louder volume
than is necessary for convenient hearing for the person or persons who
are in the room, vehicle or chamber in which such live band, machine or
device is operated and who are voluntary listeners thereto. The operation
of any such set, instrument, phonograph, live band, machine or device
between the hours of 10:00 P.M. and 7:00 A.M., Sunday through
Thursday and between the hours of 11:00 P.M. and 7:00 A.M. on Friday
and Saturday, in such a manner as to be plainly audible at a distance of
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fifty feet (50') from the building, structure or vehicle in which it is located
shall be prima facie evidence of a violation of this section.
(c)
Loudspeakers, amplifiers for advertising. The using,
operating, or permitting to be played, used, or operated of any radio
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier, or other machine or device for the producing or reproducing of
sound which is broadcast upon the public streets for the purpose of
commercial advertising or attracting the attention of the public to any
building or structure.
(d)
Yelling, shouting, etc. Yelling, shouting, hooting, whistling,
or singing on the public streets, or in the parking lots of commercial
business open to the public, particularly between the hours of 10:00 P.M.
and 7:00 A.M. or at anytime or place so as to annoy or disturb the quiet,
comfort, or repose of persons in any office, or in any dwelling, hotel or
other type of residence, or of any persons in the vicinity. If the owner or
manager of a commercial enterprise operates his business and is open to
the public between the hours of 10:00 P.M. and 7:00 A.M. or at anytime
on Sunday or holidays, he shall locate his customer parking so his
customers and patrons will not violate this chapter. A failure of the owner
or manager to so locate his customer parking constitutes a violation of the
chapter, when a customer or patron is convicted of violation of this
subsection (d) provided the owner or manager permits customer or patron
parking within one hundred feet (100') of a residential zone.
(e)
Animals, birds, etc. The keeping of any animal or bird which
by causing frequent or long continued noise shall disturb the comfort or
repose of any persons in the vicinity.
(f)
Steam whistles. The blowing of any locomotive steam
whistle or steam whistle attached to any stationary boiler except to give
notice of the time to begin to stop work or as a warning of fire or danger,
or upon request of proper city authorities.
(g)
Exhausts. The discharge into the open air of the exhaust of
any steam engine, stationary internal combustion engine, motor boat, or
other vehicle except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
(h)
Defect in vehicle or load. The use of any automobile,
motorcycle, or vehicle so out of repair, so loaded or in such manner as to
create loud and unnecessary grating, grinding, rattling or other noise.
(i)
Loading, unloading, opening boxes. The creation of a loud
and excessive noise in connection with loading or unloading any vehicle
or dumpster or the opening and destruction of bales, boxes, crates and
containers, particularly other than during the hours between 6:00 A.M.
and 6:00 P.M.
(j)
Construction or repairing of buildings. The erection
(including excavation), construction, demolition, alteration or repair of
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any building other than between the hours of 7:00 A.M. and 6:00 P.M. on
weekdays, and from 9:00 A.M. to 6:00 P.M. on Saturday. Work may also
begin on Saturdays at 7:00 A.M. if it would not result in any loud,
disturbing, or unnecessary noise that would otherwise violate this
chapter. City holidays shall be considered as a Sunday for purposes of
this section.
If the city administrator or his designee should determine that the
interest of the public health and safety are served, by the erection,
demolition, alteration or repair of any building or the excavation of
streets or highways within the hours of 6:00 P.M. and 7:00 A.M., and if
he shall determine that any loss of inconvenience that might result is
outweighed by the public's interest in its safety and welfare, he may
grant permission for such work to be done within the hours of 6:00 P.M.
and 7:00 A.M., upon application being made at the time the permit for
the work is awarded or during the progress of the work.
(k)
Schools, courts, churches, hospitals. The creation of any
excessive noise on any street adjacent to any school, institution of
learning, church or court while the same are in use, or adjacent to any
hospital, which unreasonably interferes with the workings of such
institutions, or which disturbs or unduly annoys patients in the hospital,
provided conspicuous signs are displayed in such streets, indicating that
the same is a school, hospital or court street.
(l)
Hawkers, peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the
neighborhood.
(m) Drums. The use of any drum or other instrument or device
for the purpose of attracting attention by creation of noise to any
performance, show or sale.
(n)
Metal rails, pillars and columns, transportation thereof. The
transportation of rails, pillars, or columns of iron, steel or other material,
over and along streets and other public places upon carts, trays, cars,
trucks, or in any other manner so loaded as to cause loud noises or as to
disturb the peace of such streets or other public places.
(o)
Pile drivers, hammers, etc. The operation between the hours
of 6:00 P.M. and 7:00 A.M. of any pile driver, steam shovel, pneumatic
hammer, derrick, steam or electric hoist or other appliance, the use of
which is attended by loud or unusual noise.
(p)
Blowers. The operation of any noise-creating blower or
power fan or any internal combustion engine, the operation of which
causes noise due to the explosion of operating gases or fluids, unless the
noises from such blower or fan is muffled and such engine is equipped
with a muffler device sufficient to deaden such noise.
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(2)
General provisions: tests for unlawful noise. The standards which
shall be considered in determining whether a violation of § 11-402(1) exists shall
include, but shall not be limited to, the following:
(a)
The volume of the noise;
(b)
The intensity of the noise;
(c)
Whether the nature of the noise is usual or unusual;
(d)
Whether the origin of the noise is natural or unnatural;
(e)
The volume and intensity of the background noise, if any;
(f)
The proximity of the noise to residential sleeping facilities;
(g)
The nature and zoning of the area within which the noise
emanates;
(h)
The density of inhabitation of the area within the noise
emanates;
(i)
The time of the day or night the noise occurs;
(j)
The duration of the noise;
(k)
Whether the noise if recurrent, intermittant or constant;
(l)
Whether the noise is produced by a commercial or noncommercial activity.
(3)
Decibel provision. (a) Definitions. For the purposes of this
subsection of this section, certain words and phrases used herein are
defined as follows:
(i)
"Ambient noise" is the all-encompassing noise
associated with a given environment, being usually a composite of
sounds from many sources, near and far.
(ii)
"A band" level is the total sound level of all noise as
measured with a sound level meter using the "A" weighing
network. The unit of measurement of the Db(A).
(iii) "Bel" is a unit of level when the base of logarithm is
ten (10). Use of the bel is restricted to levels of quantities
proportional to power.
(iv) "Decibel" is one-tenth (1/10) of a bel and is a unit of
level when the base of the logarithm is the tenth root of ten (10)
and the quantities concerned are proportional to power.
(v)
"Spectrum" is a function of time and is a description
of its resolution into components, each of different frequency and
usually of different amplitude and phase and is also used to signify
continuous range of components usually wide in extent within
which waves have some specified characteristics such as "audiofrequency spectrum" and is also applied to functions of variables
other than time.
(vi) "Sound pressure level" in decibels, of sound is twenty
(20) times the logarithm to the base (10) of the ratio of the pressure
of this sound to the reference pressure, which pressure must be
explicitly stated.
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(vii) "Band pressure level" of sound for a specified
frequency band is the sound pressure level for the sound contained
within the restricted bank. The reference pressure must be
specified.
(viii) "Cycle" is the complete sequence of values of a
periodic quantity that occur during a period.
(ix) "Frequency" of a function periodic in time is the
reciprocal of the primitive period. The unit is the cycle per unit
time and must be specified.
(x)
"Microbar" is a unit of pressure commonly used in
acoustics and is equal to one (1) dyne per square centimeter.
(xi) "Period" of a periodic quantity is the smallest
increment of time for which the function repeats itself.
(xii) "Periodic quantity" is an oscillating quantity, the
values of which recur for equal increments of time.
(xiii) "Sound-level meter" is an instrument including a
microphone, an amplifier, an output meter, and frequency
weighting networks for the measurement of noise and sound levels
in a specified manner.
(xiv) "Sound analyzer" is a device for measuring the
bandpressure level or pressure spectrum level of a sound as a
function of frequency.
(xv) "Person" is any person, person's firm, association, copartnership, joint venture, corporation or any entity public or
private in nature.
(xvi) "Emergency work" is work made necessary to restore
property to a safe condition following a public calamity or work
required to protect persons or property from any imminent
exposure to danger.
All technical definitions are in accordance with the American
Standards S1 1-1960 entitled Acoustical Terminology.
(b)
Classification of use districts, residential, industrial,
commercial. For the purpose of this section, the reference to "residential"
shall include areas of the City of Spring Hill zoned R-1, R-2, R-3, R-4 and
R-5 and any subsequent residential or office zone created by ordinance;
"commercial" shall include areas of the City of Spring Hill zoned AG, B-1,
B-2, B-3, B-4, M-1, M-2 and M-3. It shall be unlawful to project a sound
or noise excluding noise emanating from cars, trucks, or motorcycles from
one property into another, within the boundary of a use district which
exceeds either the limiting noise spector set forth in Table I below, or
exceeds the ambient noise level by more than three (3) decibels.
(i)
Sound or noise projecting from one use district, into
another use district with a different noise level limit, shall not
exceed the limits of the district into which the noise is projected.
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(ii)
Measurement of noise. (A) The measurement of
sound or noise may be made with a sound level meter and
octave band analyzer meeting the standards prescribed by
the American Standards Association. The instruments shall
be maintained in calibration and good working order.
Octave band corrections may be employed in meeting the
response specification. Calibration check shall be made of
the system at the time of any noise measurement.
Measurements recorded shall be taken so as to provide a
proper representation of the noise source. The microphone
during measurement shall be positioned so as not to create
any unnatural enhancement or diminution of the measured
noise. A windscreen for the microphone shall be used when
required. Traffic, aircraft and other transportation noise
sources and other background noises shall not be considered
in taking measurements except where such background
noise interferes with the primary noise being measured.
(B)
The slow meter response of the sound level
meter shall be used in order to best determine that the
average amplitude has not exceeded the limiting noise
spectra set forth in Table I below.
(C)
The measurement shall be made at the
property line of the property on which such noise is
generated, or perceived, as appropriate, five feet (5') above
ground.
(D)
In case of an elevated or directional sound or
noise source, compliance with the noise limits is to be
maintained at any elevation at the boundary.
(iii) The limits hereinabove referred to shall be in
accordance with the following table:
TABLE I. LIMITING NOISE LEVELS FOR USE DISTRICTS
Octave band
Center frequency
Cycles per second
Maximum permissible sound
pressure (levels in decibels re 0.0002
microbars)
Use District
Residential
Commercial
Industrial
Below 75
65
79
80
75-150
60
74
75
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TABLE I. LIMITING NOISE LEVELS FOR USE DISTRICTS
Octave band
Center frequency
Cycles per second
Maximum permissible sound
pressure (levels in decibels re 0.0002
microbars)
Use District
Residential
Commercial
Industrial
150-300
55
66
70
300-600
55
59
64
600-1200
45
53
58
1200-2400
45
47
53
2300-4800
40
41
49
Above 4800
40
49
46
(iv) If the noise is not smooth and continuous, one (1) or
more of the corrections in Table II below shall be added to or
subtracted from each of the decibel levels given in Table I of
subsection (iii) of this section.
TABLE II. TYPE OF OPERATION IN CHARACTER OF NOISE
[Correction in Decibels]
Noise source operated less than twenty percent (20%) of any one (1) hour period;
plus five (5).*
Noise source operated less than five percent (5%) of any one (1) hour period;
plus ten (10).*
Noise source operated less than one percent (1%) of any one (1) hour period; plus
fifteen (15).*
Noise of impulsive character (hammering, etc.); minus five (5).
Noise of impulsive character (hum, screech, etc.); minus five (5).
*Apply one (1) of these corrections only.
(v)
If the noise occurs between the hours of 10:00 P.M.
and 7:00 A.M. on Monday through Saturday or at any time on
Sunday or holidays, seven (7) shall be subtracted from each of the
decibel levels given in Table I of subsection (3) of this section.
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(c)
Enclosed places of public entertainment. (i) It shall
be unlawful to sustain in any enclosed place of public
entertainment including but not limited to a restaurant, bar, café,
discotheque, dance hall, any amplitude equal to or in excess of
ninety-five (95) dB(A) sustained for more than thirty (30) seconds.
(ii)
Measurement of noise. Such sound or noise is to be
measured by a sound level meter approved by the American
Standards Association from any area to which the public is invited
within any enclosed public place of public entertainment.
(d)
Noises; aircraft. It shall be unlawful for any person to
operate or cause to be operated any type of aircraft over the city which
produces noise levels exceeding eighty-seven (87) dB(A) within the city.
(e)
Exemptions. The following uses and activities shall be
exempt from noise level regulations:
(i)
Noises of safety signals, warning devices, and
emergency pressure relief valves.
(ii)
Noises resulting from any authorized emergency
vehicle, when responding to an emergency call or acting in time of
emergency.
(iii) Noises resulting from emergency work as defined in
§ 10-233(2)(h).
(iv) Any other noise resulting from activities of a
temporary duration permitted by law and for which a license or
permit therefore has been granted by the city in accordance with
§ 10-233(2)(h)
(v)
Any aircraft operated in conformity with, or pursuant
to, federal law, federal air regulations, and air traffic control
instruction used pursuant to and within the duly adopted federal
air regulations shall be exempt from the provisions of § 11-402.
Any aircraft operating under technical difficulties, in any kind of
distress, under emergency orders of air traffic control or being
operated pursuant to and subsequent to the declaration of an
emergency under the federal air regulations shall also be exempt
from the provisions of § 11-402.
(vi) Noise resulting from any auction company or service
which is lawfully registered to do business within the municipal
corporate limits of the city and while operating within reasonable
business hours.
(f)
Application for special permit. Applications for a permit for
relief from the noise level designated in this section on the basis of undue
hardship may be made the board of zoning appeals. Any permit granted
by the board of zoning appeals hereinunder shall contain all conditions
upon which said permit has been granted and shall specify a reasonable
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time that the permit shall be effective. The board of zoning appeals may
grant the relief as applied for, if it finds:
(i)
That additional time is necessary for the applicant to
alter or modify his activity or operation to comply with this section;
or
(ii)
The activity, operation or noise source source will be
of temporary duration, and cannot be done in a manner that would
comply with other subsections of this section; and
(iii) That no other reasonable alternative is available to
the applicant; and
(iv) The board of zoning appeals may prescribe any
conditions of requirements it deems necessary to minimize adverse
effects upon the community or the surrounding neighborhood.
Applications for a permit for relief from the noise level designated
in this section for the purpose of a public parade, street fair of similar
activity sponsored and conducted by a public entity, agency or committee
thereof may be made to the mayor or city administrator. The mayor and
city administrator are each authorized to issue a special permit for said
purposes.
(4)
Penalty for violation. (a) Any person violating any of the
provisions of this section shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined in an amount not exceeding five
hundred dollars ($500.00). Each day such violation is committed or
permitted to continue a separate offense.
(b)
Any person violating any subsection of this section shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be
fined an amount as provided in subsection (a), and the judge may require
the guilty party to pay the reasonable rental expense of audio equipment
and the reasonable expenses for payment to operate the audio equipment
in order to detect and prove a violation and the reasonable time of the
audio engineer(s) or trained operator(s) provided notice was pursuant to
the Spring Hill City Code § 11-402(4). This subsection (b) shall apply only
to persons employed and equipment rented by the City of Spring Hill and
shall not apply to equipment or persons employed by private citizens.
(5)
Manner of enforcement. Violations of this section shall be
prosecuted in the same manner as other misdemeanor violations of the city's
code. A written notice of intention to prosecute will be given the alleged violator
not less than five (5) calendar days and not more than three hundred sixty (360)
calendar days prior to the issuance of a misdemeanor citation or warrant. No
citation or warrant shall be issued in the event the cause of the violation is
removed, the condition abated or fully corrected within such five (5) day period
and not resumed before issuance of the citation or warrant. In the event the
alleged violator cannot be located in order to serve the notice of intention to
prosecute, the notice as required herein shall be deemed to be given upon
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mailing such notice by registered or certified mail to the alleged violator at his
last known address or at the place where the violation occurred, in which even
the five (5) day period shall commence at the date of the day following the
mailing of such notice.
(6)
Additional remedy; injuction. As an additional remedy, the
operation or maintenance of any device, instrument, vehicle or machinery in
violation of any provision hereof and which causes discomfort or annoyance to
reasonable persons of normal sensitiveness or which endangers the comfort,
repose, health or peace of residents in the area shall be deemed, and is declared
to be, a public nuisance and may be subject to abatement summarily by a
restraining order or injunction issued by a court of competent jurisdiction.
(7)
Separability. It is the intention of the city council that each
separate provision of this section shall be deemed independent of all other
provisions herein, and it is further the intention of the board of mayor and
aldermen that any provisions thereof shall remain valid and enforceable.
(Ord. #08-16, Feb. 2008)
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CHAPTER 5
INTERFERENCE WITH PUBLIC OPERATIONS AND PERSONNEL
SECTION
11-501. Escape from custody or confinement.
11-502. Impersonating a government officer or employee.
11-503. False emergency alarms.
11-504. Resisting or interfering with an officer.
11-505. Coercing people not to work.
11-501. Escape from custody or confinement. It shall be unlawful
for any person under arrest or otherwise in custody of or confined by the city to
escape or attempt to escape, or for any other person to assist or encourage such
person to escape or attempt to escape from such custody or confinement. (1995
Code, § 11-501)
11-502. Impersonating a government officer or employee. No
person other than an official police officer of the city shall wear the uniform,
apparel, or badge, or carry any identification card or other insignia of office like
or similar to, or a colorable imitation of that adopted and worn or carried by the
official police officers of the city. Furthermore, no person shall deceitfully
impersonate or represent that he is any government officer or employee. (1995
Code, § 11-502)
11-503. False emergency alarms. It shall be unlawful for any person
intentionally to make, turn in, or give a false alarm of fire, or of need for police
or ambulance assistance, or to aid or abet in the commission of such act. (1995
Code, § 11-503)
11-504. Resisting or interfering with an officer. It shall be unlawful
for any person knowingly to resist or in any way interfere with or attempt to
interfere with any officer or employee of the city while such officer or employee
is performing or attempting to perform his municipal duties. (1995 Code,
§ 11-504)
11-505. Coercing people not to work. It shall be unlawful for any
person in association or agreement with any other person to assemble,
congregate, or meet together in the vicinity of any premises where other persons
are employed or reside for the purpose of inducing any such other person by
threats, coercion, intimidation, or acts of violence to quit or refrain from
entering a place of lawful employment. It is expressly not the purpose of this
section to prohibit peaceful picketing. (1995 Code, § 11-505)
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CHAPTER 6
FIREARMS, WEAPONS AND MISSILES
SECTION
11-601. Throwing missiles.
11-602. Discharge of firearms.
11-601. Throwing missiles. It shall be unlawful for any person
maliciously to throw any stone, snowball, bottle, or any other missile upon or at
any vehicle, building, tree, or other public or private property or upon or at any
person. (1995 Code, § 11-601)
11-602. Discharge of firearms. It shall be unlawful for any
unauthorized person to discharge a firearm within the corporate limits, unless
such discharge occurs for lawful hunting purposes and in all ways complies with
state law and all regulations adopted by the Tennessee Wildlife Resource
Commission (Tenn. Op. Atty. Gen. No. 98-038). (1995 Code, § 11-602, as
amended by Ord. #06-78, Nov. 2006)
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CHAPTER 7
TRESPASSING, MALICIOUS MISCHIEF AND INTERFERENCE
WITH TRAFFIC
SECTION
11-701. Trespassing.
11-702. Trespassing on trains.
11-703. Malicious mischief.
11-704. Interference with traffic.
11-701. Trespassing. The owner or person in charge of any lot or parcel
of land or any building or other structure within the corporate limits may post
the same against trespassers. It shall be unlawful for any person to go upon any
such posted lot or parcel of land or into any such posted building or other
structure without the consent of the owner or person in charge.
It shall be unlawful and deemed to be a trespass for any peddler,
canvasser, solicitor, transient merchant, or other person to fail promptly to leave
the private premises of any person who requests or directs him to leave. (1995
Code, § 11-701)
11-702. Trespassing on trains. It shall be unlawful for any person to
climb, jump, step, stand upon, or cling to, or in any other way attach himself to
any locomotive engine or railroad car unless he works for the railroad
corporation and is acting the scope of his employment or unless he is a lawful
passenger or is otherwise lawfully entitled to be on such vehicle. (1995 Code,
§ 11-702)
11-703. Malicious mischief. It shall be unlawful and deemed to be
malicious mischief for any person willfully, maliciously, or wantonly to damage,
deface, destroy, conceal, tamper with, remove, or withhold real or personal
property which does not belong to him. (1995 Code, § 11-703)
11-704. Interference with traffic. It shall be unlawful for any person
to stand, sit, or engage in any activity whatever on any public street, sidewalk,
bridge, or public ground in such a manner as to prevent, obstruct, or interfere
unreasonably with the free passage of pedestrian or vehicular traffic thereon.
(1995 Code, § 11-704)
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CHAPTER 8
MISCELLANEOUS
SECTION
11-801. Abandoned refrigerators, etc.
11-802. Caves, wells, cisterns, etc.
11-803. Posting notices, etc.
11-804. Wearing masks.
11-801. Abandoned refrigerators, etc. It shall be unlawful for any
person to leave in any place accessible to children any abandoned, unattended,
unused, or discarded refrigerator, icebox, or other container with any type
latching or locking door without first removing therefrom the latch, lock, or door.
(1995 Code, § 11-801)
11-802. Caves, wells, cisterns, etc. It shall be unlawful for any person
to permit to be maintained on property owned or occupied by him any cave, well,
cistern, or other such opening in the ground which is dangerous to life and limb
without an adequate cover or safeguard. (1995 Code, § 11-802)
11-803. Posting notices, etc. No person shall fasten, in any way, any
show-card, poster, or other advertising device upon any public or private
property unless legally authorized to do so. (1995 Code, § 11-803)
11-804. Wearing masks. It shall be unlawful for any person to appear
on or in any public way or place while wearing any mask, device, or hood
whereby any portion of the face is so hidden or covered as to conceal the identity
of the wearer. The following are exempted from the provisions of this section:
(1)
Children under the age of twelve (12) years.
(2)
Workers while engaged in work wherein a face covering is
necessary for health and/or safety reasons.
(3)
Persons wearing gas masks in civil defense drills and exercises or
emergencies.
(4)
Any person having a special permit issued by the city recorder to
wear a traditional holiday costume. (1995 Code, § 11-804)
11-19
CHAPTER 9
CURFEW REGULATIONS
SECTION
11-901. Short title.
11-902. Purposes and findings.
11-903. Definitions.
11-904. Restrictions.
11-905. Exceptions.
11-906. Violations.
11-907. Construction and severability.
11-908. Continuing evaluation.
11-909. Effective date.
11-910. Notice.
11-911. Ordinance cumulative.
11-901. Short title. This chapter shall be known and may be cited as
the "Curfew Ordinance." (1995 Code, § 11-901)
11-902. Purposes and findings. (1) The Board of Mayor and
Aldermen of the City of Spring Hill has determined that juveniles have been
causing general disturbances to residents, and contributing to an excessive
number of incidents of damage to private and public property and disturbances
of the peace; and
(2)
The Spring Hill Board of Mayor and Aldermen determines that
special and extenuating circumstances presently exist within this city that call
for special regulation of minors within the city in order to protect them from
each other and from other persons on the street during the nocturnal hours, and
to aid in crime prevention, to promote parental supervision and authority over
minors and to decrease juvenile crime rates; and
(3)
In accordance with the prevailing community standards, this
chapter serves to regulate the conduct of juveniles on streets during nocturnal
hours and those hours prohibited by any applicable state law, to be effectively
and consistently enforced for the protection of the juveniles in Spring Hill from
each other and from other persons on the streets during nocturnal hours, for the
enforcement of parental control of, authority over, and responsibility for their
children, for the protection of the public from nocturnal mischief by juveniles,
for the reduction in the incidents of juvenile criminal activity, for the
furtherance of family responsibility and for the public good, safety and welfare;
and
(4)
After further review and continuing evaluation the board finds that
there is justification for the purposes and findings herein to adopt this curfew
ordinance. (1995 Code, § 11-902)
11-20
11-903. Definitions. For purposes of the curfew ordinance the following
terms, phrases, words and their derivations shall have the meanings given
herein. When not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular and words
in the singular number include the plural. The word "shall" is always mandatory
and not merely directory.
(1)
"City" is the City of Spring Hill, Tennessee 37174.
(2)
"Minor" or "juvenile" is any unemancipated person under the age
of eighteen (18) years or, in equivalent phrasing often herein employed, any
person seventeen (17) or less years of age.
(3)
"Parent" is any person having legal custody of a minor
(a)
As a natural or adoptive parent;
(b)
As a legal guardian; or
(c)
As a person to whom legal custody has been given by order
of the court.
(4)
"Police department" shall refer to the Police Department of the City
of Spring Hill, or any officially designated precinct of said department.
(5)
"Remain" means to stay behind, to tarry and to stay unnecessarily
upon the streets, including the congregating of groups (or of interacting minors)
totaling four (4) or more persons in which any minor involved would not be using
the streets for ordinary or serious purposes such as mere passage or going home.
To implement that thought with additional precision and precaution, numerous
exemptions are expressly defined in § 11-905 so that this is not a mere
prohibitory or presence type curfew ordinance.
(6)
"Street" is a way or place, of whatsoever nature, open to the use of
the public as a matter of right for purposes of vehicular travel or in the case of
time, whether Central Standard Time or Central Daylight Savings Time,
generally observed at that hour by the public in the city, prima facie the time
when observed in the city administrative offices and police department.
(7)
"Year of age" continues from one birthday, such as the seventeenth,
to (but not including the day of) the next, making it clear that seventeen (17) or
less years of age is herein treated as equivalent to the phrase "under eighteen
(18) years of age", unless specifically defined differently herein. (1995 Code,
§ 11-903)
11-904. Restrictions. (1) It shall be unlawful for any minor between
seventeen (17) and eighteen (18) years of age to remain in or upon any public
street, highway, park, vacant lot, establishment or other public place within the
city during the following time frames:
(a)
Monday through Thursday between the hours of 11:00 P.M.
to 6:00 A.M.
(b)
Friday through Sunday between the hours of 12:00 A.M. to
6:00 A.M.
11-21
(2)
It shall be unlawful for any minor sixteen (16) years of age and
under to remain in or upon any public street, highway, park, vacant lot,
establishment or other public place within the city during the following time
frames:
(a)
Monday through Thursday between the hours of 10:00 P.M.
to 6:00 A.M.
(b)
Friday through Sunday between the hours of 11:00 P.M. to
6:00 A.M. (1995 Code, § 11-904)
11-905. Exceptions. The following shall constitute valid exceptions to
the operation of the curfew.
(1)
At any time, if a minor is accompanied by his or her parent;
(2)
When accompanied by an adult authorized by a parent of such
minor to take said parent's place in accompanying said minor for a designated
period of time and purpose within a specified area;
(3)
Until the hour of (12:30 A.M. if the minor is on an errand as
directed by his or her parent;
(4)
If the minor is legally employed, for the period from forty-five (45)
minutes before to forty-five (45) minutes after work, while going directly
between his or her home and place of employment. This exception shall also
apply if the minor is in a public place during curfew hours in the course of his
or her employment. To come within this exception, the minor must be carrying
a written statement of employment issued by employer pursuant to the
authorization of the chief of police to expire within ninety (90) days;
(5)
Until the hour of 12:30 A.M. if the minor is on the property of or
the sidewalk directly adjacent to the place where such minor resides or the place
immediately adjacent thereto if the owner of the adjacent building does not
communicate an objection to the minor and the police officer;
(6)
When returning home by a direct route from (and within thirty [30]
minutes of the termination of) a school activity or an activity of a religious or
other voluntary association, or a place of public entertainment, such as a movie,
play or sporting event. This exception will not apply beyond 1:30 A.M. If the
event is not commercial in nature or does not have a fixed, public known time
at which it will or does end, the sponsoring organization must register the event
with the Chief of Police of the City of Spring Hill Police Department (or his
assigned representative) at least twenty-four (24) hours in advance, informing
the police department of the time such event is scheduled to begin, the place at
which it shall be held, the time at which it shall end and the name of the
sponsoring organization;
(7)
In the case of reasonable necessity, but only after such minor's
parent has communicated to the police department personnel the facts
establishing such reasonable necessity relating to specified streets at a
designated time for a described purpose including place or origin and
destination. A copy of such communication, or the police record thereof, duly
11-22
certified by the chief of police to be correct, an appropriate notation of the time
it was received and of the names and addresses of such parent and minor shall
constitute evidence of qualification under this exception;
(8)
When exercising First Amendment rights protected by the United
State Constitution, such as the free exercise of religion, freedom of speech and
the right of assembly. Such minor shall evidence the bona fides of such exercise
and provide notice to city officials by first delivering to the police department a
written communication, signed by such minor, with their home address and
telephone number, addressed to the mayor of the city specifying when, where
and in what manner said minor will be on the streets at night (during hours
when the curfew ordinance is still otherwise applicable to said minor in the
exercise of a First Amendment right specified in such communication;
(9)
When a minor is in a motor vehicle;
(10) Each of the foregoing exceptions, and their several limitations, such
as provisions for notification, are severable, as hereinafter provided but here
re-emphasized. (1995 Code, § 11-905)
11-906. Violations. (1) A police officer of the city who has probable
cause to believe that a minor is in violation of this chapter shall:
(a)
Ascertain the name and address of the minor;
(b)
Issue the minor a written warning that the minor is in
violation of this chapter; and
(c)
Order the minor to go promptly home by a direct route.
(2)
Notwithstanding paragraph (1)(a) of this section, a police officer
who has probable cause to believe that minor is in violation of this chapter, shall
transport the minor to the police department if:
(a)
The minor has received one (1) previous written warning for
violation of this chapter; or
(b)
Reasonable grounds exist to believe the minor has engaged
in delinquent conduct.
(3)
When a minor is taken to the police department, the minor's
parents shall be immediately contacted. If after this contact there is still
probable cause to believe that the minor was violating this chapter, the minor
shall be held until the parent comes to take the minor home. When the parent
arrives, he or she shall be given a copy of this chapter. If no parent has arrived
within two (2) hours, the minor shall be turned over to custody of the local
juvenile authorities until a parent can take custody of him or her.
(4)
(a)
In case of a second violation by a minor, the chief of police
shall, by certified mail, send to the minor's parent written notice of said
violation with a warning that any subsequent violation will result in a
full enforcement of the curfew ordinance, including enforcement of
parental responsibility and of applicable penalties. Said notice shall be
sent to the minor's parent at his or her last known address and evidence
11-23
of its mailing as specified shall constitute sufficient notice of the minor's
violation.
(b)
If, after the mailing of the warning notice set forth in
subsection (4)(a) herein of a second violation by a minor, a parent violates
§ 11-904(3) (in connection with the third violation by a minor), this shall
be treated as a first offense by the parent. For such first parental offense
a parent shall be fined twenty-five dollars ($25.00). For each subsequent
offense by a parent the fine shall be increased by an additional
twenty-five dollars ($25.00), e.g. fifty dollars ($50.00) for the second,
seventy-five dollars ($75.00) for the third offense.
(5)
Any minor who shall violate any of the provisions of this chapter
more than two (2) times shall be dealt with according to the Juvenile Laws of
the State of Tennessee and in accordance with the directives of the Juvenile
Court of Maury or Williamson County, Tennessee, or such other court as shall
have jurisdiction of said minor. (1995 Code, § 11-906)
11-907. Construction and severability. Severability is intended
throughout and within the provisions of the curfew ordinance. If any provision,
including, inter alia, any exception, part, phrase or term or the application to
any person or circumstances is held invalid, the application to other persons or
circumstances shall not be affected thereby and the validity of the curfew
ordinance in any and all other respects shall not be affected thereby. The board
does not intend a result that is absurd, impossible to execute or unreasonable.
It is intended that the curfew ordinance be held inapplicable in such cases, if
any, where its application would be unconstitutional. A constitutional
construction is intended and shall be given. The board does not intend to violate
the Constitution of the State of Tennessee or the Constitution of the United
States of America. (1995 Code, § 11-907)
11-908. Continuing evaluation. The board of mayor and aldermen will
continue its evaluation and updating of this curfew ordinance through methods
including, but not limited to:
(1)
Within six (6) months after the implementation of this chapter, the
chief of police shall provide the board of mayor and aldermen with a report
concerning the effect of this chapter on crimes committed by and against minors,
and of the number of warnings issued and arrests of minors and parents
hereunder, and such other information as board may request.
(2)
After receipt of the police chief's report by the board of mayor and
aldermen, the recorder shall place this matter on the board agenda for
discussion, review and continuing evaluation. (1995 Code, § 11-908)
11-909. Effective date. This chapter shall be in force upon publication
required by Tennessee Code Annotated, § 6-2-201. (1995 Code, § 11-909)
11-24
11-910. Notice. The recorder shall provide notice of this chapter and of
the curfew regulations established by it by having copies of the chapter posted
in, on or about such public or quasi-public places as may be determined by the
mayor, board, and police department in order that the public may be constantly
informed of the existence of the chapter and its amendments and regulations.
(1995 Code, § 11-910)
11-911. Ordinance cumulative. This chapter shall be cumulative and
in addition to any other laws in force. (1995 Code, § 11-911)
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