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TITLE 11

MUNICIPAL OFFENSES[1]

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.  MISDEMEANORS OF THE STATE ADOPTED.

 

CHAPTER 1

ALCOHOL[2]

SECTION

11‑101.  Drinking beer, etc., on streets, etc.

 

          11‑101.   Drinking beer, etc., on streets etc.  It shall be unlawful for any person to drink or consume, or have an open can or bottle of beer or intoxicating liquor in or on any public street, alley, avenue, highway, sidewalk, public park, public school ground or other public place.  

 

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.  

 

 CHAPTER 3

OFFENSES AGAINST THE PEACE AND QUIET

SECTION

11‑301.  Disturbing the peace.

11‑302.  Anti‑noise regulations.

 

          11‑301.   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 control.  

 

          11‑302.   Anti‑noise regulations.  Subject to the provisions of this section, the creating of any unreasonably loud, disturbing, and unnecessary noise is prohibited.  Noise of such character, intensity, or duration as to be detrimental to the life or health of any individual, or in disturbance of the public peace and welfare is prohibited.

            (1)       Miscellaneous prohibited noises enumerated.  The  following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely:

                        (a)       Blowing horns.  The sounding of any horn or other device on any automobile, motorcycle, bus, truck, or vehicle while not in motion except as a danger signal if another vehicle is approaching, apparently out of control, or if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time.

                        (b)       Radios, phonographs, etc.  The playing of any radio, phonograph, or any musical instrument or sound device, including but not limited to loudspeakers or other devices for reproduction or amplification of sound, either independently of or in connection with motion pictures, radio, or television, in such a manner or with such volume, particularly during the hours between 11:00 P.M. and 7:00 A.M., as to annoy or disturb the quiet, comfort, or repose of persons in any office or hospital, or in any dwelling, hotel, or other type of residence, or of any person in the vicinity.

                        (c)        Yelling, shouting, etc.  Yelling, shouting, whistling, or singing on the public streets, particularly between the hours of 11:00 P.M. and 7:00 A.M., or at any time or place so as to annoy or disturb the      quiet, comfort, or repose of any person in any hospital, dwelling, hotel, or other type of residence, or of any person in the ­vicinity.

                        (d)       Pets.  The keeping of any animal, bird, or fowl which by causing frequent or long continued noise shall disturb the comfort or repose of any person in the ­vicinity.

                        (e)        Use of vehicle.  The use of any automobile, motorcycle, truck, or vehicle so out of repair, so loaded, or in such manner as to cause loud and unnecessary grating, grinding, rattling, or other noise.

                        (f)        Blowing whistles.  The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper town authorities.

                        (g)       Exhaust discharge.  To discharge into the open air the exhaust of any steam engine, stationary internal combustion engine, motor vehicle, or boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

                        (h)       Building operations.  The erection (including excavation), demolition, alteration, or repair of any building in any residential area or section or the construction or repair of streets and highways in any residential area or section, other than between the hours of 7:00 A.M. and 6:00 P.M. on week days, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector granted for a period while the emergency continues not to exceed thirty (30) days.  If the building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration, or repair of any building or the excavation of streets and highways between the hours of 6:00 P.M. and 7:00 A.M., and if he shall further determine that loss or inconvenience would result to any party in interest through delay, he may grant permission for such work to be done between 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 process of the work.

                        (i)        Noises near schools, hospitals, churches, etc.  The creation of any excessive noise on any street adjacent to any hospital or adjacent to any school, institution of learning, church, or court while the same is in session.

                        (j)        Loading and unloading operations.  The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates, and other containers.

                        (k)       Noises to attract attention.  The use of any drum, loudspeaker, or other instrument or device emitting noise for the purpose of attracting attention to any performance, show, or sale or display of merchandise.

                        (l)        Loudspeakers or amplifiers on vehicles.  The use of mechanical loudspeakers or amplifiers on trucks or other moving or standing vehicles for advertising or other ­purposes.

            (2)       Exceptions.  None of the terms or prohibitions hereof shall apply to or be enforced against:

                        (a)       Town vehicles.  Any vehicle of the town while engaged upon necessary public business.

                        (b)       Repair of streets, etc.  Excavations or repairs of bridges, streets, or highways at night, by or on behalf of the town, the county, or the state, when the public welfare and convenience renders it impracticable to perform such work during the day.

                        (c)        Noncommercial and nonprofit use of loudspeakers or amplifiers.  The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character and in the course of advertising functions sponsored by nonprofit organizations.  However, no such use shall be made until a permit therefor is secured from the recorder.  Hours for the use of an amplified or public address system will be designated in the permit so issued and the use of such systems shall be restricted to the hours so designated in the permit.

 

CHAPTER 4

INTERFERENCE WITH PUBLIC OPERATIONS AND PERSONNEL

SECTION

11‑401.  Escape from custody or confinement.

11‑402.  Impersonating a government officer or employee.

11‑403.  False emergency alarms.

11‑404.  Resisting or interfering with an officer.

11‑405.  Coercing people not to work.

 

          11‑401.   Escape from custody or confinement.  It shall be unlawful for any person under arrest or otherwise in custody of or confined by the town 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.  

 

          11‑402.   Impersonating a government officer or employee.  No person other than an official police officer of the town 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 town.  Furthermore, no person shall deceitfully impersonate or represent that he is any government officer or employee.

 

          11‑403.   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.  

 

          11‑404.   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 municipality while such officer or employee is performing or attempting to perform his municipal duties.  

 

          11‑405.   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.

 

CHAPTER 5

FIREARMS, WEAPONS AND MISSILES

SECTION

11‑501.  Throwing missiles.

11‑502.  Discharge of firearms.

 

          11‑501.  Throwing missiles.  It shall be unlawful for any person maliciously to throw any stone, bottle, or any other missile upon or at any vehicle, building, tree, or other public or private property or upon or at any person.  

 

          11‑502.   Discharge of firearms.  It shall be unlawful for any unauthorized person to discharge a firearm within the corporate limits.  

 

CHAPTER 6

TRESPASSING, MALICIOUS MISCHIEF AND INTERFERENCE

WITH TRAFFIC

SECTION

11‑601.  Trespassing.

11‑602.  Malicious mischief.

11‑603.  Interference with traffic.

 

          11‑601.   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 to leave promptly the private premises of any person who requests or directs him to leave.  

 

          11‑602.   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.  

 

          11‑603.   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.  This provision shall not be interpreted to apply to town employees or other governmental official acting to discharge their duties.

 

CHAPTER 7

MISCELLANEOUS

SECTION

11‑701.  Abandoned refrigerators, etc.

11‑702.  Caves, wells, cisterns, etc.

11‑703.  Posting notices, etc.

11‑704.  Curfew for minors.

11‑705.  Drawing check or order without sufficient funds.

11‑706.  Use of name "Town of Eagleville."

11‑807.  Sale or exhibition to minors of indecent publications, shows, pictures

                        or articles.

 

          11‑701.   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.  

 

          11‑702.   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.  

 

          11‑703.   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.  

 

          11‑704.   Curfew for minors.  It shall be unlawful for any person, under the age of eighteen (18) years, to be abroad at night between 12:00 A.M. and 5:00 A.M. unless going directly to or from a lawful activity or upon a legitimate errand for, or accompanied by, a parent, guardian, or other adult person having lawful custody of such minor.   

 

          11‑705.  Drawing check or order without sufficient funds.  It shall be unlawful for any person to make, draw, issue, utter, or deliver any check, draft, or order for the payment of money drawn on any bank, corporation, firm, or person in the amount less than $500.00 for the purpose of obtaining money or any article of value, or to obtain credit, knowing at the time of making, drawing, uttering, or delivering said draft, check, or order that the maker or drawer does not have sufficient funds in, or on deposit with, such bank, corporation, firm, or person for the payment of such check, draft, or order in full, and all other checks, drafts, or orders upon such funds then outstanding. 

 

          11‑707.  Use of name "Eagleville Police."  It shall be unlawful for any individual, business, or corporation except the town, singly or in combination, to use the name and/or phrase "Eagleville Police" separately or in combination with any other words, names, or phrases or any abbreviations thereof, or to use any name, names, and/or phrases confusingly similar.   

          11‑708.  Sale or exhibition to minors of indecent publications, shows, pictures or articles.  (1) It is unlawful and prohibited for any person to knowingly and willfully engage in the business of selling, lending, giving away, showing, displaying, exhibiting or distributing to any person under the age of eighteen (18) years of age, any motion picture, live show, still picture, photograph, book, pocket book, pamphlet, magazine or materials, the cover or content of which exploits, is devoted to or is principally made up of descriptions or depictions of illicit sex or sexual immorality or which is lewd, lascivious or indecent or which depicts nude or partially denuded figures posed or presented in a manner to provoke or arouse lust, passion or to exploit sex, lust or perversion for commercial gain, and likewise it is prohibited and unlawful for any person to display such materials at newsstands or any other business establishments frequented by minors under the age of eighteen (18) years of age or where said minors are or may be invited as a part of the general public, and such person shall, upon conviction, be punished by a fine of fifty dollars ($50.00) per occurrence.

            (2)       For the purposes of this chapter:

                        (a)         "Description or depiction of illicit sex or sexual immorality" shall mean:

                                    (i)        Human genitals in a state of sexual stimulation or arousal.

 

                                    (ii)       Acts of human masturbation, sexual intercourse or sodomy.

                                    (iii)      Fondling or other erotic touching of human genital, pubic region, buttock or female breast.

                        (b)       "Nude or partially denuded figures" shall mean:

                                    (i)        Less than completely and opaquely covered.

                                                (A)       Human genitals,

                                                (B)       Pubic regions,

                                                (C)       Buttock, and

                                                (D)       Female breast below a point immediately above the top of the areola.

                                    (ii)       Human male genitals in a discernible turgid state, even if complied and opaquely covered.

                        (c)        "Display" shall mean:  Having such material at a height of less than five and one half feet (5 1/2) or at any height and not opaquely covered.

                        (d)       "Knowingly" shall mean:  Having knowledge of the character and content of the publication or failure on notice to exercise reasonable inspection which would disclose the content and character of the same.  

 

CHAPTER 8

MISDEMEANORS OF STATE ADOPTED

SECTION

 

            11-801. Misdemeanors of the state adopted.

 

            11-801. Misdemeanors of the state adopted.  All offenses against the State of Tennessee which are committed within the corporate limits and which are defined by the state law or are recognized by the Common Law to be misdemeanors are hereby designated and declared to be offenses against this town also.  Any violation of any such law within the corporate limits is also a violation of this section.



        [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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