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Show OREM-GENEVA TIMES THURSDAY. FEBRUARY 9. 1953 lEGAL KOIKE ORDINANCE NO. Ill AN ORDINANCE DEFINING PUBLIC OFFENSES WITHIN THE CORPORATE LIMITS OF THE CITY OF OREM AND PROVIDING PRO-VIDING FOR THE REGULATION REGULAT-ION THEREOF AND PENALTIES PENAL-TIES FOR THE COMMISSION OF SAID PUBLIC OFFENSES Be it ordained by the City Council of the City of Orem: ARTICLE I Section 1. Definitions, Whenever the terms mentioned mention-ed in this ordinance are employed employ-ed in this ordinance they are employed in the senses hereafter affixed to them, except where a different sense plainly appears. (1) The term "Willfully," when applied to the intent with which an act is done or omitted, omit-ted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law or to injure another an-other or to acquire any advan: tage. (2) The terms "Neglect," "negligence," "neg-ligence," "negligent" and "negligently" "neg-ligently" import a want of such attention to the nature or probable pro-bable consequences of the act or omission as a prudent man ordinarily or-dinarily bestows in acting in his own affairs. (3) The term "corruptly" imports im-ports a wrongful design to acquire ac-quire or cause some pecuniary or other advantage to the person guilty of the act or omission referred re-ferred to, or to some other person. per-son. (4) The terms "Malice" and "maliciously" import a wish to vex, annoy or injure another person, or an intent to do a wrongful act, established either by proof or by presumption of law. (5) The term "knownigly" imports im-ports only a knowledge that the facts exist which bring the act or omission within the provision prov-ision of this ordinance. It does not require any knowledge of the unlawfulness of such act or omission. (6) The term "bribe" signifies any money, goods, right in action, act-ion, property, thing of value or advantage, present or prospective, prospect-ive, or any promise or undertaking under-taking to give any, asked, given or accepted with a corrupt intent in-tent to influence unlawfully the person to whom it is given in his action, vote or opinion in any public or official capacity. (7) When the term "person" is used in this ordinance to designate desig-nate the party whose property may be the subject of any offense, off-ense, it includes this state, and any other state, government and country which may lawfully own any property within this state, and all public and private corporations, joint associations and partnerships, as well as individuals. in-dividuals. ARTICLE II Section 1. Abusive language. It shall be unlawful for any person to use abusive, menacing, insulting, slanderous or profane language within the limits of Orem City. Any person violating face or destroy property of an-the an-the provisions of this Section is other, either public or private, guilty if a misdemeanor. or to secrete any goods, chattels Section 2. Penally. or personal property of another, Using abusive language is or to prepare any deadfall, or punishable by fine in any sum to dig any pit, or to arrange any less than $50.00 or imprisonment trap, to injure another's person in the County Jail for not more or property, or to take down, than 30 days. injure or remove any monument ARTICLE III street sign, or any tree marked Section 1. Assault defined. as a boundary of any tract of An assault is an unlawful land or city lot, or to injure, attempt, coupled with a present destroy, deface or alter the ability to commit a violent in- marks of any monument, or jury on the person of another, street sign, or to deface, injure It shall be unlawful for any per- or destroy any fence or fount-son fount-son to commit an assault within ain, or any shade or fruit tree, the limits of Orem City. Any or to deface, injure or destroy person violating the provisions any kind of public or private of this Section is guilty of a mis- property, or to deface sidewalks demeanor. ' or trees located upon public Section 2. Penally. property with painted or print- An assault is punishable by ed hand bills, signs, posters or fine in any sum less than $50.00 other advertisements. Any per-or per-or imprisonment in the County son violating the prcv;sions of Jail for not more than 30 days, this Section is guilty of a mis- ARTICLE IV demeanor. Section I. Ballery defined. Seclion 2. Penalty. A batterv is anv willful and Defacing or destroying prop- unlawful use of force or viol ence upon the person of another. It shall be unlawful for any per- son to commit a battery within for not raf 3 days, the limits of Orem City. Any . ARTICLE IX person violating the provisions s.ecllon Disorderly person de-of de-of this Section is guilty of a mis- infd- demeanor. ! A11 Persons who use insulting, Section 2 Penally indecent or immoral language, Battery is punishable by fine or who shall be guilty of any tain ta-in any sum less than $50.00 or decent, insulting or immoral imprisonment in the County conduct or behavior in Orem Jail for not more than 30 days. City, shall be deemed a disord-ARTICLE disord-ARTICLE V erly Person. It shall be unlaw- Se,:tion 1. Bawdy houses. Dis- ul to be a disorderly person orderly houses. Keeping resid- within the limits of Orem City. I ence in. Resorting to. Owning. ' Any person violating the pro-Having pro-Having control of house of ill-, visions of this Section is guilty fame of a misdemeanor. j It shall be unlawful for any SeSlon 2. Penalty i person to do, commit or suffer , Being a disorderly person is to be done or committed any or ; punishable by fine in any sum either of the things or acts in less than $50.00 or imprisonment this section hereinafter enumer- in the County Jail for not more ated, within the limits of Orem than 30 days. City, Utah, or within three miles ARTICLE X of the outer boundaries thereof: Seclion 1. Disturbances at pub-' pub-' To keep, maintain or permit , He places prohibited, to be kept or maintained upon or It shall be unlawful for any in any property owned, occupied person to excite disturbance or or leased by or to such person, I contention at any public place, any bawdy, or other disorderly ', public house, court., election or house, house of ill fame or as- any lawful meeting of citizens signation house. 'within the limits of Orem City. To keep, maintain or permit Any person violating the pro- to be kept or maintained upon or in any property owned, occupied or leased by or to such person, any building, place or structure, resorted to or used in whole or in part by one or more females for lewdness or prostitution. To resort to, or reside in any place mentioned in this section for the purpose of lewdness, prostitution, unlawful sexual intercourse in-tercourse or other immoral or illegal purpose. To keep a house of ill-fame resorted to for the purpose of prostitution or lewdness; or to willfully reside in such house, or to resort thereto for lewdness. To be the owner of any building build-ing or tenement, the whole or part of which is used for any of the purposes mentioned in this section. To have control of such building build-ing or tenement as agent, guardian guard-ian or lessee of such owner ; after written notice to such owner, agent, guardian or lessee that such building or tenement is be ing used for the purpose mentioned men-tioned in this section. "" ' To let any building or tenement, tene-ment, knowing that the lessee intends using the same, or any part thereof, for the purposes mentioned in this section. To harbor or keep about his premises prem-ises any person known to be guilty of following a lewd course of life. Any person violating the provisions of this section is guilty of a misdemeanor. misdemean-or. Section 2. Penally. Violation of the provisions of Section 1, Article V is punishable punish-able by fine in any sum less than $299.00 or imprisonment in the County Jail for not more than six months or by both. ARTICLE VI Section 1. Cheats and swindlers. It shall be unlawful for any person or persons to use or practice prac-tice any game, trick or device with intent to defraud, cheat or swindle another or for any person per-son to conspire together to accomplish ac-complish such purpose, within the limits of Orem City. Any person violating the provisions of this Section is guilty of a misdemeanor. Section 2. Penalty. , Cheating and swindling is punishable pun-ishable by fine in any sum less I than $299.00 or imprisonment in the County Jail for not more than six months, or by both. ARTICLE VII Section I. Concealed weapons. j It shall be unlawful for any person to carry concealed, any slingshot, brass knuckles, revolv ,er, dagger, stilletto, or other i deadly weapon. Any person violating the provisions of this Section is guilty of a misdemean or. Section 2. Penally. Having concealed weapons is punishable by fine in any sum less than $299.00 or imprisonment imprison-ment in the County Jail for not 'more than six months, or by both. I ARTICLE "VIII Section 1- Defacing or destroy ng property prohibited. It shall be unlawful for any person willfully to injure, de' erty is punishable by fine in j any sum less than $50.00 or im- j prisonment in the County Jail j visions of this Section is guilty of a misdemeanor. Section 2. Penalty. Causing disturbances at public places is punishable by fine in any sum less than $50 00 or imprisonment im-prisonment in -the County Jail for not more than 30 days. ARTICLE XI Section 1. Disturbance at religious relig-ious meeting prohibited. It shall be unlawful for any person to disturb a public assembly, ass-embly, congregated for religious or other lawful purpose, within the limits of Orem City, by undue un-due noise, or by offensive, unbecoming un-becoming or indecent behavior-Any behavior-Any person violating the provisions provis-ions of this Section is guilty of a misdemeanor. Section 2. Penalty. Causing disturbance at religious relig-ious meeting is punishable by fine in any sum less than $50. 00 or imprisonment in the County Jail for not more than 30 days. ARTICLE XII Section 1. Disturbing the Peace. It shall be unlawful for any person maliciously or willfully to disturb the peace or quiet of another or of any neighborhood or family, by loud or unusual noise or by discharging firearms of any description, or by tumultuous, tumul-tuous, lascivious or offensive conduct, or by threatening, traducing, tra-ducing, quarreling, challenging to fight or fighting or by the use of profane language or blasphemous blas-phemous language within the limits of Orem City. Any person violating the provisions of this Section is guilty of a misdemeanor. misdemean-or. Section 2. Penalty. Disturbing the peace is punishable pun-ishable by fine in any sum less than $50. 00 or imprisonment in the County Jail for not more than 30 days. ARTICLE XIII Section I. Drugs. Sale on streets prohibited. It shall be unlawful for any person to sell, barter or offer for sale or to dispose of by public pub-lic outcry or otherwise, any drug, medicine or other substance sub-stance for the cure of any diseas or ailment on any of the streets, alleys or highways within the limits of Orem City. Any person per-son violating the provisions of this Section is guilty of a misdemeanor. misde-meanor. Section 2. Penally. The sale of drugs on streets is punishable by fine in any sum less than $299 or imprisonment in the County Jail for not more than 30 days. ARTICLE XIV Section 1. Unlawfully disposing of poison. i n n n n r j t D U VI U U Ld Presento The Go Every person who shall knowingly, know-ingly, within the limits of this city, sell, give or deliver any deadly poison, without marking the same In legible characters, "Poison " or sell, give or deliver any drugs or medicines without the same being correctly labeled label-ed in a legible manner in the English language is guilty of a misdemeanor. Section 2. Penalty. Unlawfully disposing of poison is punishable by fine in Jiny sum les than $299 00 or imprisonment in the County Jail for not more than 6 months, or by both. ARTICLE XV Section 1. Drunkenness prohib ited. Any person who in any street or alley, public place, restaurant, hotel lobby or parlor, or m or upon any passenger coach, or upon any other vehicle commonly common-ly used for the transportation of passengers, or in or about any de" pot, platform, waiting station or room, or at any public gathering shall be drunk or intoxicated, shall be deemed guilty of a mis demeanor. Seclion 2. Penally. Drunkenness is punishable by fine in any sum less than $50.00 or imprisonment in the County Jail for not more than 30 days. ARTICLE XVI Section 1. Embexzlemenl defined. de-fined. Embezzelement is the fraudulent fraud-ulent appropriation of money or property by a person to whom it has been intrusted. It shall be unlawful for any person to be guilty of embezzlement of money or other property of value not exceeding fifty dollars. Upon any prosecution for embezzlement, embezzle-ment, it is a sufficient defense that the property was appropriated appropri-ated openly and avowedly, and under a claim of title preferred in good faith, even though such claim is untenable. Any person violating the provision of this Section is guilty of a misdemeanor. misdem-eanor. Section 2. Penalty Embezzlement is punishable by fine in any sum less than $299,00 or imprisonment in the County Jail for not more than six months, or by both. ARTICLE XVII Section 1. Escape. It shall be unlawful for any person convicted of any offense against the ordinances of Orem City, or under arrest or the com mission of any offense against the ordinances of Orem City, or in lawful custody to escape from such custody. Section 2. Penalty Escape is punishable by fine YOUR PROVO-OREM I h 470 West First North in any sum less than $50.00 or; imprisonment in the County Jail for not more than 30 days. . ARTICLE XVIII Section 1. Aiding a person 10 escape. Every person who shatl aid or assist any person to escape from lawful confinement within this city, or who shall aid orj ARTICLE XXI assist another to escape from any Seclion 1. Gambling, peace officer of this city, is guil- j Every person who 'duals, plavs of a misdemeanor. 'or carries on, opens or causes "to Seclion 2- Penalty (be opened, or who conducts Aiding a person to escape is either as owner or employee, punishable by fine in any sum whether fpr hire or not, any less than $50.00 or imprisonment ame of faro, monte, roulette, in the County Jail for not more lansquenet, rouge et noir, or any than 30 days. game played with cards, dice ARTICLE XIX or any other device for money, Sectiin 1. Expectoration, etc. in cheeks, credit or any other republic re-public places. presentative value, and every It shall be unlawful for any person who plays or bets at or person to stool, uninate, expect- against any of said prohibited orate, or throw or put any cigar games, is guilty of a misdemcan-stump, misdemcan-stump, quid of tobacco, or nut or. shells of any kind, banana peel- Section 2. Penally. ing or orange peeling, on the floor of any public conveyance, or public building used for pub- lie purposes or gatherings, or on any sidewalk of this city. Any person violating any of the pro- visions of this section shall be guilty of a misdemeanor. i Seclion 2- Penally Expectoration, etc. in public places is punishable by fine in any sum less than $50.00 or im- prisonment in the County Jail for not more than 30 days. ARTICLE XX Section 1. Unlawful lo main- tain, elc, gambling devices. It shall be unlawful for any person, either as owner, lessee, agent, employee, mortgagee or otherwise, to operate, keep, maintain, rent, use, or conduct within Orem City, any machine, contrivance, appliance or mech- anical device, upon the result of I .1 - f i , 1 uie atiiun ui wmcn money or any commodity, merchandise oripretense whtsoever, while play other valuable thing is staked or hazarded, and which is ated or played by placing or depositing therein any coins, sub - stitutions for coins, checks, slugs, balls, or other article or device, ! or in any other manner, and K. . t u : . . .1. or as a result of the operation of which, any merchandise, money mon-ey or article of value, check, or token redeemable in, or ex- changeable for money, or any other thing of value or article! representing value is won or lost, or taken from or obtained from such machine, when the result of the action or operation of such machine, contrivance, appliance,! or mechanical device is depend - ent on hazard or chance- Any, person violating any of the pro- IA pflay Phone visions of this Section shall be quilty of a misdemeanor. Seclion 2. Penalty Unawful maintenance, etc., of gambling devices is punishable by fine in any sum less than $50.00 or imprisonment in the County Jail for not more than 30 days. Gambling is punishable by fine in any sum less than $209- 00 or imprisonment in the County Jail for not more than six months, or by both. ARTICLE XXII Seclion 1. Permitting gambling, Every person who knowingly permits any of the games men- Uoned in the preceding Article to be played, conducted, or dealt in any house owned or rented by such person in whole or in part, is guilty of a misdemean- or. Section 2. Penally. Permitting gamblng is punish- able by fine in any sum less than $299.00 or imprisonment in the County Jail for not more than six months, or by both. ARTICLE XXIII Seclion 1. Swindling, cheating, etc. Every person who by any i a . j ; f , practice, cueai or aevice or iaise ing at any game of chance, or oper-;while bearing any share in wag' ers, or while betting on sides or hands of such play wins or acquired to himself or another any sum of money or valuable .thing, is guilty of a misdemean I . Section 2. Penally. swindling, cheating, etc is punishable by fine in any sum less than $299 00 or imprison ment in the County Jail for not more than six months, or by .both. ARTICLE XXIV Seclion 1. Having gambling I tools in possession Every person who shall have , in his possession any cards, dice, chips, tables, wheels, spindles, or other device, or layout for API CADILLAC DEALER C AllIlLL AC ; i ; i limn 666 Sa betting upon any game of chanc whereby or by means of which ' money or thing representing money or value may be won or lost, is guilty of a misdemeanor, misdemean-or, Seclion 2. Penally. Having gambling tools in possession poss-ession is punishable by fine in any sum less than $50.00 or imprisonment im-prisonment in the County Jail for not more than 30 days. ARTICLE XXV Section 1. Insulting Female. Every male person who rudely rude-ly or improperly follows, pursues, pur-sues, lays hands on, molests, insults, in-sults, or insolently or offensively offensive-ly speaks to or addresses any female person in any street or public place in this city, is guilty guil-ty of a misdemeanor. Section 2. Penally. Insulting a female is punishable punish-able by fine in any sum less than $50.00 or imprisonment in the County Jail for not more than 30 days. ARTICLE XXVI Seclion I. Interfering with officer off-icer in discharge of duly prohibited. prohib-ited. It shall be unlawful for any person in any way to interfere with, resist, molest or threaten any officer of Orem City, while in the discharge of his official duties. Section 2. Penalty. Interfering with an officer in discharge of duty is punishable by fine in any sum less than ou.uu or imprisonment in trie County Jail or not more than 30 days. ARTICLE XXVII Section 1. Refusal to aid officer. Every person refusing or neg lecting, when called upon by the chief of police or other peace officer of the city to aid in the supressing of a not, or when called upon by the chief of pol ice or any policeman to aid in arresting and securing an offend- er, is guilty of a misdemeanor, Section 2. Penally Refusal to aid officer is pun ishable by fine in any sum less than $50.00 or imprisonment in the County Jail for not more than 30 days ARTICLE XXVIII Seclion I. Larceny. Larceny is the felonious stealing, steal-ing, taking, carrying, leading or driving away the personal property of another. Petit larceny lar-ceny is committed when the property so taken is not taken from the person of another, and is of less value than fifty dollars, doll-ars, and is other property than a horse, mare, colt, gelding, cow, heifer, steer, ox. bull, calf, mule, sheep, jack, or jenny. It . The Series Sixty Special Sedan tareky Provo shall be unlawful to commit the offense of petit larceny within the limits of Orem City. Any person violating any of the provisions pro-visions of this Section shall be guilty of a mis"demeanor. Seclion 2. Penally. Larceny is punishable by fine in any sum less than $299 00 or Imprisonment in the County Jail for not more than six months, or by both. ARTICLE XXIX Section 1. Maliciously killing. etc., domestic animals. Every person who shall, within with-in the limits of this city, will fully or maliciously kill, maim, disfigure or administer poison to any domestic animal, or who shall expose any poisonous sub stance with intent that the same shall be taken by any such an imal, is guilty of a misdemean or- Seclion 2. Penalty. Maliciously killing, etc, domestic dom-estic animals is punishable by fine in any sum less than $50.00 or imprisonment in the County Jail for not more than 30 days. ARTICLE XXX Section 1. Cruelly lo animals. Every person within the limits of this city who overdrives, over loads, drives when over-loaded, over-works, tortures, deprives of necessary sustenance, cruelly beats, mutilates or cruelly kills, or causes or procures to be over-driven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly .beaten, mutilated or cruelly kill- 'ed any animal; and whoever .having charge or custody of any animal, either as owner or other- wise, who inflicts unnecessary cruelty upon the same; or wilfully wil-fully fails' to provide the same with proper food, drink, shelter .or protection from the weather; and every owner, possessor or person having charge or custody of any animal who cruelly drives or works the same when unfit for labor or who shall have or leave tied to any hitching hitch-ing post or elsewhere on the streets, or public places unsheltered unshelt-ered and without food for more than eight hours consequently any animal ; or who shall aband on any maimed, sick, infirm or disabled animal to die, is guilty of a misdemeanor. Section 2. Penally. Cruelty to animals is punishable punish-able by fine in any sum less than $50.00 or imprisonment in Continued on next page |