(a) No person shall ride any bicycle, skateboard or propel himself or herself on roller skates or roller blades on the sidewalks in the business district of the city. For purposes of this section, “business district” shall mean the 100 and 200 block of South Main Street, and the 100 block of West 2nd Street and the 100 block of West 3rd Street. In other areas, where the riding of such devices on the sidewalks is not prohibited, pedestrians shall in all events have the right-of-way to use the sidewalks for pedestrian travel. A violation of this section shall be a misdemeanor punishable by a fine of not less than $10.00 and not more than $100, and restitution of any damages caused. The Chief of Police may impound any such bicycles, skateboards, etc., ridden or operated in violation of this section pending final disposition of the violation.
(b) Bicycles defined: A bicycle shall mean every device having two tandem wheels, propelled by human power, upon, or in which, any person may ride, and including any other device generally recognized as a bicycle though equipped with two rear and/or two front wheels.
(Ord. 274; Code 2018)
(a) It is unlawful for any person under 15 years of age to be in any public place between the hours of 10:00 p.m. and 6:00 a.m. Sunday through Thursday, or 11:00 p.m. and 6:00 a.m. Friday through Saturday.
(b) It is a defense to prosecution under subsection (a) of this section that the person was:
(1) Accompanied by his parent or guardian, or an adult designated by the person’s parent or guardian;
(2) On an errand at the direction of his parent or guardian, or an adult designated by the person’s parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to, or returning home from, and employment activity, without any detour or stop;
(5) Involved in an emergency. For the purposes of this subsection, the term “emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. Such term includes, but is not limited to, a fire, natural disaster, automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life;
(6) Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the person, or going to, or returning home from, such activity, without any detour or stop;
(7) Married, had been married or had disabilities of minority removed in accordance with law.
(c) No person shall assist, aid, abet, allow, permit or encourage any person to violate subsection (a) of this section.
(d) It is unlawful for any person to violate any of the provisions of this section. Penalties shall be a fine of $10.00 plus current court costs for the first offense, second offense will be a $20.00 fine plus current court costs, and a third offense will be a mandatory court appearance.
(Ord. 330; Code 2018)
(a) No person shall urinate in a public place, other than in a toilet facility provided for such purpose. For purposes of this section, the term “public place” means any street, alley, sidewalk, public thoroughfare, public parking lot, privately owned parking area made available to the public generally, or other private property not regularly occupied by such person.
(b) Any person convicted of urinating in public shall be fined an amount not to exceed $1000.00, but not less than $75.00, plus court costs per offense.
(Ord. 335; Code 2018)
(a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1) Plainly audible means any sound produced by a sound amplification system from a vehicle, public property or personal property, which clearly can be heard at a distance of 50 feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included.
(2) Sound amplification system means any radio, tape player, compact disc player, loudspeaker or other electronic device used for the amplification of sound.
(b) Time frames during which the above would constitute a violation:
Sunday-Thursday 11:00pm - 8:00am.
Friday-Saturday 12:00am- 8 :00am.
(c) It is an affirmative defense to a charge of violation of this section that the operator of the motor vehicle was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:
(1) The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
(2) The vehicle was an emergency or public safety vehicle;
(3) The vehicle was owned and operated by the city, its board of public utilities, a gas, electric or communications company, or the McPherson Area Solid Waste Utility;
(4) The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any person or assembly of persons in compliance with other ordinances of the city and this Code; or
(5) The vehicles, public property or private property was being used in authorized public or private activities, such as parades, fireworks displays, sports events, musical productions or other activities which have the approval of the city.
(Ord. 372)