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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 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 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 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.
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. |
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