Title 13-000 Police and Public Offense

CHAPTER

13-100. POLICE.

PART

13-110. POLICE DEPARTMENT.

13-111. POLICE DEPARTMENT - ESTABLISHED. 

There is hereby established a regularly constituted police force to be known as the police department which shall consist of a chief of police and such other police officers as shall be employed by the municipality.

13-112. MARSHAL - CHIEF OF POLICE.

A.     Powers. See U.C.A. §§10-3-10 et seq and 17-25-1 et seq. 

B.      He shall organize, supervise, and be responsible for all the activities of the police department ad shall define and assign the duties of the different police officers.

C.      He shall, when required, attend meetings of the municipality council to consult with and advise them on matters of public safety. He shall execute all lawful orders of the mayor and governing body and see that all orders and judgements of the justice of the peace are carried into effect.

13-113. ADDITIONAL POWERS AND DUTIES OF POLICEMEN. 

The chief of police and all police officers of the municipality shall have the following powers and duties in addition to those that may be assigned to them as above provided:

A.     To suppress riots, disturbances, and breaches of the peace, and to apprehend all persons committing any offense against the laws of the state or ordinances of the municipality.

B.      To execute and serve all warrants, processes, commitments, and writs whatsoever issued by the justice of the peace.

C.      To preserve the public peace, prevent crime, detect and arrest offenders, protect persons and property, remove nuisances existing in the public streets, roads, highways and other public places, enforce every law relating to the suppression of offenses, render such assistance in the collection of licenses as may be required by the license collector and perform all duties enjoined upon them by law and ordinance.

13-114. REGISTER OF ARREST. 

The chief of police shall provide and cause to be kept a register of arrest. Upon such register shall be entered a statement showing the date of such arrest, the name of the person arrested, the name of the arresting officer, the offense charged and a description of any property found upon the person arrested.

13-115. PROPERTY TAKEN FROM THE PERSON ARRESTED - TRIPLICATE RECEIPTS. 

When money or other property is taken from a person arrested upon a charge of a public offense, the officer taking it must at the time issue triplicate receipts therefore specifying particularly the amount of money or kind of property taken. One of the receipts he must deliver to the person arrested. Another he must forthwith file with the clerk of the court to which the complaint and other papers in the case are required by law to be sent. The third receipt must be sent at once to the office of the police department.

13-116. REGISTER OF PROPERTY TO BE KEPT. 

The chief of police must enter or cause to be entered in a suitable book a description of every article of property alleged to be stolen or embezzled and brought into his office or taken from the person of the prisoner and must attach a number to each article and make a corresponding entry thereof.

13-117. STOLEN PROPERTY DISPOSITION. 

It shall be the duty of the chief of police to keep all lost or stolen property that comes into the possession of the police department or any of its members. He shall make all reasonable efforts to discover the owners thereof.

PART

13-120. JAIL.

13-121. GOVERNING BODY TO PROVIDE.

A.     The governing body shall provide for a place of incarceration which shall be the municipality jail.

B.      The governing body may contract with any person, county, municipality, or combination thereof for the purpose of providing suitable premises and facilities to be used by the municipality as the municipality jail.

13-122. JAILER. 

Until another person is appointed, the chief of police shall be ex officio jailer. The jailer shall:

A.     Receive and safely keep all persons duly committed to his custody and file and preserve all commitments by which persons are committed.

B.      Keep a record of each showing the date of arrest, offense charged, term of commitment, date of release and the name, age and place of birth and description of the person committed in a book kept for that purpose.

13-123. RULES. 

The jailer shall formulate a system of prison rules and discipline and keep a record in which shall be entered a statement of every infraction thereof committed by any person confined therein.

13-124. DUTIES OF JAILER. 

The jailer shall receive all persons committed to jail by competent authority, and provide them with necessary food, clothing, and bedding. He shall cause the prison to be warmed and lighted, when necessary, and to be kept in a sanitary condition. He shall enforce all rules prescribed by the governing body for the government of the prison.

13-125. PRISONERS TO LABOR ON PUBLIC WORKS. 

Any prisoner committed to jail or other place of incarceration as a punishment or in default of the payment of a fine or fine and costs, arising from a violation of the ordinances of this municipality shall be required to work for the municipality at such labor on public works and ways as his strength will permit, not exceeding eight hours each working day.

13-126. WORK TO BE PERFORMED UNDER THE DIRECTION OF THE JAILER. 

The labor on public works and ways shall be designated by and performed under the direction the jailer, which labor may include, among other things, clerical, janitorial, car washing, common and menial labor performed in and upon any building, road, or property owned or maintained by the municipality.  The labor required by this section shall be performed in addition to that labor required by jail regulations to be performed by all prisoners confined in the jail in cleaning and maintaining their cells.

13-127. TIME OFF FOR WORK PERFORMED. 

For each month in which a prisoner confined or committed to jail has actually and satisfactorily performed work as reported and recorded by the officer in charge, five days shall be deducted from his period of confinement. The reduction of sentence allowed pursuant to this part shall be in addition to the reduction allowed by section 13-129 but no prisoner shall be granted a total reduction of sentence under this part in excess of ten days for any single month.  Proportionate reductions shall be made for the fractional period of a month included in any sentence.

13-128. FAILURE TO PERFORM WORK MADE BREACH OF RULES. 

Failure to perform the specified labor, except when the strength of the prisoner will not permit, shall constitute a breach of the rules of the municipality jail, and no reduction of sentence shall be allowed under section 13-129.

13-129. TIME OFF FOR GOOD BEHAVIOR.

A.     Every person undergoing sentence for thirty days or more who has not been guilty of a breach of the rules of the prison shall be entitled to a reduction for the period of his sentence as follows: 1)from a term of one month, five days; 2) from a term of two months, ten days; 3)from a term of three months, fifteen days; 4)from a term of four months, twenty days; 5)from a term of five months, twenty-five days; 6)from a term of six months, thirty days.

B.      Proportionate reductions shall be made for the fractional parts of a month included in any sentence.

CHAPTER

13-200. ANIMAL CONTROL.

PART

13-210. POUND MASTER.

13-211.  OFFICE OF POUND MASTER CREATED. 

The position of municipal pound master hereby is created. Until such time as a pound master is appointed, the chief of police shall be pound master ex officio.

13-212. DUTIES OF POUND MASTER. 

The pound master shall perform the following duties:

A.     Carry out and enforce the provisions of this chapter.

B.      Take into his possession and impound all strays running at large and dispose of the same as hereinafter provided.

C.      Enforce the licensing of and control all dogs within the municipality as hereinafter provided.

D.     File complaints in the courts against any person, firm, or corporation failing to comply with the provisions of this chapter and obtain licenses when required thereunder.

E.      Capture and secure all dogs found running at large contrary to the provisions of this chapter and impound such dogs in a humane manner.

F.      Provide for a good and sufficient pound in which all animals duly committed to his charge or otherwise impounded by him shall be maintained.

G.     Enter a description thereof in records kept for that purpose stating the kind of animal, the circumstances under which received or impounded, and a description thereof sufficient to provide identification, the cost expended for the maintenance of the animal and amounts received arising out of maintenance or sale of animals.

13-213. INTERFERENCE WITH OFFICER PROHIBITED. 

It shall be unlawful for any person to interfere, molest, hinder or obstruct the pound master or any of his authorized representatives in the discharge of their duties as herein prescribed.

13-214. FEES - SERVICES OF POUNDMASTER. 

The pound master shall charge, and the owners of animals taken into his possession for impound disposal or other services shall pay, such fees and charges for services performed by the pound or pound master as the governing body shall establish from time to time by resolution.  All fees received by the pound master shall be paid over to the municipality treasurer.

PART

13-220. CARE AND KEEPING.

13-221. ANIMALS AT LARGE. 

No cattle, horses, mules, sheep, goats, or swine shall be allowed to run at large or to be herded, picketed, or staked out upon any street, sidewalk, or other public place within the limits of this municipality, and all such animals so found may be impounded. Nothing herein contained shall be so construed as to prevent any person from driving cows, horses, mules or other animals from outside municipality limits to any enclosure within the municipality limits or from any enclosure in the municipality to a place outside the municipality or from one enclosure to another within limits of the municipality.

13-222. ABANDONMENT. 

It shall be unlawful for any person to abandon or turn out at large any sick, diseased, or disabled animal, but such animal shall, when rendered useless by reason of sickness or other disability, be killed by the owner thereof and its carcass disposed of in such manner as to create no nuisance or hazard to health.

13-223. TRESPASSING ANIMALS AND FOWL. 

It shall be unlawful for any owner or caretaker of any domestic foul or animal to permit such fowl or animal to trespass upon the premises of another person.

13-224. KILLING OR POISONING PROHIBITED. 

It shall be unlawful for any person willfully to kill any domestic animal, or to administer poison to any such animal or to expose any poisonous substance with the intent that it shall be taken by any such animal.

13-225. DEAD ANIMALS. 

The owner of any animal or fowl that has died or been killed shall remove or bury the carcass of such animal with ten hours after its death, provided that no horse, cow, ox, or other animal shall be buried within the closely- inhabited portions of this municipality.  A violation of this section is a class C misdemeanor.

13-226. DISEASED ANIMALS. 

It is a class C misdemeanor for any person to bring into the municipality for sale or have in his possession with intent to sell or offer for sale, any animal which has a communicable disease or which has been exposed to or which is liable to carry infection from a communicable disease.

13-227. SALE OF DISEASED ANIMALS. 

It is a class C misdemeanor for any person to bring into the municipality for sale or to sell, or offer for sale any cattle, sheep, swine, fish, game, fowl, or poultry which is diseased, unsound, and unwholesome or which for any other reason is unfit for human food.

13-228. REPORTING OF RABID ANIMALS. 

Anyone having knowledge of the whereabouts of an animal known to have or suspected of having rabies shall report the fact immediately to the municipality health officer. The health officer shall likewise be notified of any person or animal bitten by a rabid or suspected rabid animal.

13-229. BITING ANIMAL QUARANTINED FOR OBSERVATION. 

Any dog or other animal of a species subject to rabies which is known to have bitten or injured any person so as to cause an abrasion of the skin shall be placed in confinement under observation a of a veterinary hospital or the municipality pound an shall not be killed or released until at least 14 days after the biting or injury has occurred in order to determine whether or not he animal has rabies. If the animal dies or has been killed, its head shall be removed and immediately taken to the state health laboratory to be examined for rabies.

13-230. RABIES CONTACTS QUARANTINED. 

Any animal of a species subject to rabies which has been bitten by a known rabid animal or has been in intimate contact with a rabid animal shall be isolated in a suitable place approved by the pound master for a period of 120 days or destroyed.

13-231. UNLAWFUL ACTS. 

It shall be unlawful for any person to:

A.                 Overdrive, overload, drive when overloaded, overwork, torture, cruelly beat, mutilate, or needlessly kill, or carry or transport in any vehicle or other conveyance in cruel and inhuman manner, any animal or cause any of these acts to be done.

B.                  Fail to provide any animal in his charge or custody with necessary substance, drink, and protection from the elements, or cause any of these acts to be done.

C.                  Maintain any place where fowls or any animals are suffered to fight upon exhibition or for sport upon any wager.

D.                 D.        Intentionally exhibit any stud, horse or bull or other animal indecently, or let any male animal to any female animal for the purpose of providing entertainment or viewing to any person.

PART

13-240. DOGS.

13-240.1. DEFINITIONS. 

As used in this ordinance, unless the context otherwise indicates, the following words shall mean:

A.     "Dog" shall mean any male, female, or spayed female dog of any age.

B.      "Unlicensed dog" is hereby defined and declared to mean a dog for which a license for the current year has not been paid, or for which the tag provided for in this part is not attached.

C.      "Owner," when applied to the proprietorship of a dog, shall mean any person or persons, firm, association or corporation owning, keeping or harboring a dog.

D.     “At Large” shall mean any dog off or away from the premises of the owner, possessor, or keeper, or his agent or servant or a member of his immediate family. A dog shall be deemed under the control of said owner or family member if it is within immediate call, or if it is within the immediate view and within distance of call, if it is on a leash, cord, or chain, or if it is within direct command of the owner or immediate family member.

E.      "Pound" shall mean an animal shelter, lot, premises, or buildings maintained by or authorized or employed by the municipality for confinement or care of dogs seized either under the provision of this chapter or otherwise.

F.      "Impounded" shall mean having been received into the custody of the municipality pound or into the custody of any authorized agent or representative of the municipality.

G.     "Vicious dog" means a dog that has bitten a person or other domestic animal without provocation or a dog that has a known propensity to attack or bite human beings or other domestic animals. A dog that has caused injury to, or otherwise endangers the safety of humans or other domestic animals.

H.     "Pound master" shall mean the custodian selected by the governing body to be responsible for the operation of the dog pound; or the operator of an authorized Pound or Shelter representing the municipality.

13-240.2. LICENSE REQUIRED.

Every dog owner shall annually by January 1 secure a license from the Town of Altamont for said dog. The current charge shall be set by Resolution by the Town Council.

13-240.3. NONRESIDENT.

Any person, firm or corporation transporting ga dog into the Town of Altamont, from some other jurisdiction or obtaining a dog after the month of January, shall be required to conform with the above regulation within 15 days.

13-240.4. DANGEROUS DOGS.

A.     It shall be unlawful for any person to keep, own, harbor, or have the control of any vicious animal. It is Prima Facia evidence that an animal is a vicious animal if it bites or attacks a person or domestic animal. Such animal is declared a Public Nuisance. Any Police Officer or Animal Control Officer may apprehend such animal and may cause it to be impounded.

B.      It shall be unlawful for any animal to bite or attack any person or domestic animal. It is no defense that the animal is chained or confined if the chaining or confining is on public or private property where the public has access to be on such property. The owner or custodian of any animal is in violation of this section regardless of the precaution taken to prevent the bite or attack and regardless of the lack of knowledge of the offense at the time it occurs.

13-240.5. NOISY, UNCONTROLLED DOGS.

Every dog which by barking or howling disturbs the peace and quiet of any neighborhood is also declared to be a public nuisance. It shall be unlawful to keep or maintain any such nuisance.

13-240.6. DOG TAGS.

Upon payment of the license fee, the municipality shall issue to the owner a metallic tag for each dog so licensed. The tag shall have stamped thereon the year issued, “Altamont Town Dog Tag”, and the license number corresponding with the license number. Every owner shall be required to provide each dog with a collar or harness to which the license must be affixed, and shall see that the collar and tag are constantly worn. Dogs which are for show purposes are exempt from wearing the collar and tag while be exhibited. Duplicate dog tags shall be issued to replace original tags which are lost or destroyed upon payment by owner of a fee set by Resolution of the Town Council. Tags shall not be transferable from one dog to another, and no refunds shall be made on any dog license fee for any reason whatsoever.

13-240.7. IMPOUNDING.

A.     Any dog found in the Town of Altamont not licensed and identified as described in the above provisions shall be impounded by the Town of Altamont and such dogs shall be held for a period of 24 hours. The dog may be returned to its owner upon proof of ownership of the dog, the payment of an impounding fee of $25.00, the payment of license fee if the dog is unlicensed, the payment of vaccinations fees if the dog is unvaccinated,  the board and care of the dog at the current rate set by the pound or authorized facility,  and the payment of any fine assessed under the provisions of this ordinance.

B.      Any dog impounded more than once in a calendar year will pay an increased impound fee of $25.00 for each additional impound, i.e.: $25.00 1^st impound; $50.00 2^nd impound, and so on.

13-240.8. INTERFERENCE WITH OFFICER.

It shall be unlawful for any person to interfere with, molest, hinder or prevent any police officer or animal control officer in the discharge of their duties as herein prescribed. It is unlawful for any person to hinder, delay, interfere with or obstruct any police officer or animal control officer while engaged in capturing, securing or taking to the animal shelter or pound, any animal or animals liable to be impounded, or who shall break open or in any manner directly or indirectly aid, counsel or advise the breaking open of any animal control vehicle or other vehicle used for the collecting of any such animals.

It shall also be unlawful to do the above with any cage or other devise placed for the purposes of catching stray dogs.

13-240.9. DISPOSITION OF UNCLAIMED DOGS.

At the expiration of the 24- or 48-hour period, any dog not so claimed by its owner may be disposed of by giving it into the possession of anyone willing to pay the associated costs of impounding as stated above, or by giving it into the custody of a bonafide Rescue Shelter. If not so disposed of, it shall be destroyed in a humane manner by a designated Official, or the Operator of the Authorized facility.

13-240.10 STRAYS. 

It shall be unlawful for any person to harbor or keep any strayed or lost dog.  Whenever any dog shall be found which appears to be lost or strayed, it shall be the duty of the finder to notify the animal control authority and the pound master who shall impound the dog and dispose of the same as herein provided for the disposition of a dog impounded for running at large contrary to the terms of this ordinance. If there shall be attached to such dog a license tag for the then current fiscal year, the pound master shall notify the person to whom such license was issued at the address given in the license.

13-240.11 DOGS AT LARGE.

It shall be unlawful for any person to suffer or allow any dog owned by him, in his possession or under his control to run at large within the geographical limits of the Town of Altamont. Dogs at all times shall be under the control of the owner or the possessor thereof.

13-240.12 PROPER CARE OF DOGS.

It shall be unlawful for any person owning, harboring or possessing any dog to fail to provide the dog properly with food, water, and shelter at all times, and if on a leash, to provide a leash of sufficient length to give the dog freedom of movement.

13-240.13 CRUELTY TO ANIMALS

Except as authorized by law, it shall be unlawful for any person to willfully or maliciously kill, injure, maim, disfigure, torture, beat, mutilate, burn or scald, drive over or otherwise cruelly act against any animal. Each such act shall constitute a separate violation and shall be a class B misdemeanor.

13-240.14 ABANDONING ANIMALS.

It is unlawful for any person to abandon or to turn out at large any sick, diseased or disabled animal, or any unwanted animal. Any such animal when rendered worthless by reason of sickness, or other disability, or is unwanted shall be disposed of by the owner thereof.

13-240.15 DISPOSAL OF ANIMALS.

It is unlawful for the owner of any animal or fowl that die or are killed within the limits of this Town, to fail to remove or bury the carcass of such animal within thirty-six hours after its death.

13-240.16 DEFECATION AND URINATION.

It is unlawful to allow an animal to defecate or urinate upon public property, recreation areas, or private property not owned by the person owning or in control of such animal. The owner or custodian of any animal shall be responsible for the removal of any defecation deposited by such animal on such property.

13-240.17 THREATENING PASSERS-BY.

It shall be unlawful for any animal to threaten passers by nipping, jumping upon, attacking, or chasing any person, bicycle, or motor vehicle.

13-240.18 DOGS IN PROHIBITED AREAS.

It shall be unlawful for any person to take or to permit any dog, whether loose, on a leash, or in arms, in or about any establishment or place of business where food or food products are sold or displayed, including but not limited to restaurants, grocery stores, meat markets, food or vegetable stores; and it shall be unlawful for any person to allow any dog to enter or be in any place of worship during public services; and it shall be unlawful for any person to allow any dog to enter in or be upon any public park, cemetery, or other public places where it is posted that no dogs are allowed. An exception to this section shall be for any dog in training or trained and used for physically handicapped persons, such as dogs for the blind or hearing impaired.

13-240.19 FEMALE DOGS IN HEAT/SEASON RUNNING AT LARGE.

The owners or custodians of female dogs shall cause such dogs, when in heat/season, to be penned or enclosed in such a manner as to preclude other dogs from attacking such female dog or from being attracted to such female dog. It shall be unlawful for the owner or custodian of any female dog to cause, permit, or allow such dog to be at large, or to enter upon a street or sidewalk while such female dog is in copulating heat/season regardless of lack of knowledge of the offense at the time it occurs. If the female dog cannot be controlled by the owner during the copulating heat/season, such dog may be impounded by the animal control officer.

13-240.20 SPORTSMANS PERMIT.

No person or persons at any one residence within the jurisdiction of the Town of Altamont shall at any one time own or license more than two (2) dogs, unless a Sportsman’s Permit is obtained.

Residents living in the RA-2 Zones (Residential/Agricultural) may obtain a Sportsman’s Permit to keep up to five (5) dogs, provided:

A.     An area of five thousand (5,000) square feet is provided for the first dog, plus twenty-five hundred (2,500) square feet provided for each additional dog.

B.      Each dog is individually licensed.

C.      Approval is granted by the Town Council.

D.     Adequate runs (not necessarily concrete) are provided.

E.      Other provisions of this Ordinance are complied with, and no dog or premise is deemed to be nuisance.

The holder of a permit issued under this section may keep one litter intact until the dogs reach four (4) months of age; one animal from the litter may be retained until it reaches twelve (12) months of age. At no time may the holder of the permit retain more than five (5) dogs over four (4) months of age nor more than five (5) dogs over one year of age.

Permits will automatically expire on the 31^st day of December following the date of issue.

Cost of the Sportsman Permit shall be determined by the Town Council by Resolution. All establishments required to be permitted under this Ordinance shall be subject to periodic inspections, and the inspector shall make a report of such inspection with a copy to be filed with the Altamont Town office.

Inspections will be made by the Animal Control Officer of the Town or other authorized representative of the Town.

The Town can promulgate rules and regulations governing operation of areas where said Sportsman Permit is allowed. Such rules and regulations may provide for the type fo structures, buildings, pens, cages, runways or yards required for the animal sought to be kept, harbored or confined on such premises; the manner in which food, water and sanitation facilities will be provided to such animals; measures relating to the health of said animals, the control of noise and odors; and the protection of persons or property on adjacent premises; and other such matter as the Town of Altamont may deem necessary. Such rules and regulations shall be deemed a violation of this ordinance and grounds for revocation of a permit issued by the Town.

Set Back Rule: It shall be unlawful for any person operating with a Sportsman’s Permit with the additional number of dogs allowed by the permit, to place any Kennel, Dog Run, or other area of confinement within 75 feet of their property line.

13-240.21        SUSPENSION OR REVOCATION OF PERMIT.

A permit may be suspended or revoked or a permit application rejected on any one or more of the following grounds:

A.     Falsification of facts in permit application.

B.      Violation of any of the provisions of this Ordinance or any other law or regulation governing the establishment including noise, building and zoning ordinances.

C.      Conviction on a charge of cruelty to animals.

Procedure: If an inspection of premises of the holder of a Sportsman’s Permit reveals a violation of this Ordinance, the inspector shall notify the permit holder of such violation by means of a written notice. Such notice shall set forth the specific violation, establish a reasonable and specific period of time for the correction of the violation, and state that failure to comply with any notice issued in accordance with the provision of this Ordinance may result in immediate suspension of the permit.

PART

13-250. RABIES CONTROL

13-251. REPORT OF BITES.

All persons bitten and the parents or guardians of minor children bitten by a dog or other animal known to constitute a serious threat of rabies shall notify the animal control officer immediately thereafter. Physicians treating such bites and other persons having the knowledge of such bites shall also be required to make such notification.

13-252. REPORT OF SUSPECTED RABID ANIMALS.

Any person who observed or has knowledge of an animal which show symptoms of rabies or acts in a manner which would lead to a reasonable suspicion that it may have rabies shall notify the animal control officer and comply with the appropriate laws and regulations regarding suspected cases of rabies as directed by the State or County Health Departments.

13-253. ISOLATION OF BITING OR SUSPECTED RABID ANIMALS.

Upon the reasonable order of the animal control of Public Health officer, a biting or suspected rabid animal shall be isolated, at the owner’s expense if owned, in strict confinement under proper care and under the observation of a licensed veterinarian in an animal shelter or veterinary hospital in a manner approved by the animal control officer.

13-254. EXAMINATION OF HEAD.

Any biting or suspected rabid animals may be humanely euthanized immediately and such animals’ undamaged and properly packaged and properly refrigerated head shall be delivered promptly to an approved medical facility having the capability of performing tests to demonstrate the presence of rabies.

13-255. RELEASE.

Ten (10) days after the day of infliction of a bite by an animal, such animal may be released to its owner after a licensed veterinarian has examined that animal and in his/her opinion found it not to have had rabies in a transmittable stage on the day of the infliction of the bite. Non-immunized animals shall be vaccinated for rabies before release.

13-256. ANIMALS POSSIBLY EXPOSED TO RABIES.

Any animal of a species subject to rabies which has been bitten by a known rabid animal, or which has been in intimate contact with such animal, shall be isolated, at the owner’s expense if owned, in strict confinement in a place and manner approved by the animal control officer and observed by a licensed veterinarian for a period of six (6) months, or euthanized. Notwithstanding the foregoing, the following alternative is permitted in case of dogs or cats. If the animal has been vaccinated against rabies at least thirty (30) days prior to the suspected exposure with a type of vaccine produced under U.S.D.A. license and within the time period approved by the State Veterinarian, the animal may be re-vaccinated and isolated in strict confinement in a place and manner approved by the animal control officer and observed by a licensed veterinarian for a period of thirty (30) days.

13-257. VACCINATION REQUIRED.

Dog owners shall obtain a rabies vaccination for each dog they own, keep, harbor or have custody of, within ten (10) days after it becomes four months of age, or within ten (10) days after obtaining any dog over four months of age. It shall be unlawful for any person or persons to own, keep, harbor, possesses or have in his or her care, charge or custody, a dog four months of age or older, unless such dog has had a current and valid rabies vaccination. Such vaccination shall be administered by any duly qualified and licensed veterinarian, with a rabies vaccine approved by the State Department of Health for use in dogs and shall be repeated at intervals specified by the State Department of Health in order to maintain adequate immunity.

13-258. RABIES TAGS.

In addition to the required identification, the vaccination tag shall be attached to or otherwise worn by the dog. It shall be unlawful for any person or person to remove or cause to be removed the vaccination tag from any dog without consent of the owner, keeper, or harborer thereof. The vaccination tag shall not be transferable from one dog to another. 

13-259. PENALTIES.

Unless otherwise specifically provided, every person whose animal violates any provision of this chapter is guilty of a c lass C misdemeanor, punishable by a fine of up to $750.00, or imprisonment for up to ninety (90) days int eh Duchesne County Jail or both. Those offenses classified as a class B misdemeanor shall be punishable by a fine of up to $1,000.00, or imprisonment in the Duchesne County Jail for up to six (6) months, or both. 

PART

13-260. ESTRAYS.

13-261. IMPOUNDING AND DISPOSAL OF ESTRAYS, GENERALLY. 

It is hereby made the duty of the pound master to take into his possession and impound all estrays running at large, and to dispose of the same as hereinafter provided.  Whenever the word "estray" appears in this part, it is defined to mean any valuable animal, except dogs or cats, not wild, found wandering from its owner.

13-262. NOTICE OF SALE OF ESTRAYS.

Within three days after an estray shall come into the possession of the pound master, he shall advertise the same in a newspaper published in and having general circulation in the county by publishing a notice in at least one issue of the newspaper, and by posting notices for a period of ten days in three public places in the municipality, one of which places shall be at or near the post office.  He shall immediately deliver a copy of such notice to the county clerk or mail the same to him by registered letter. The notice so filed with the clerk should be available during reasonable hours for inspection by the public free of charge. The notice herein provided for shall contain a description of the animals, including all marks, and brands, when taken, and the day, hour, and place of sale, and may be substantially in the form of the figure shown in appendix A of this ordinance.

13-263. RETURN TO THE OWNER ON PAYMENT OF COSTS - SALE. 

RESERVED.

13-264. RECORD OF ESTRAYS. 

The pound master shall keep an accurate record of all estrays received by him, their age, color, sex, marks, and brands, the time and place of taking and the expense of keeping and selling the same, all animals claimed and taken away, all animals sold and to whom sold and the amount paid, all moneys paid to owners after sale, all moneys paid into the treasury, and all other matters necessary to the compliance with the provisions of this part. The governing body shall provide the pound master with a suitable book in which shall be entered the records required by law to be kept by the pound master. Such records shall be open to inspection of the public at all reasonable hours, and shall be deposited by the pound master with his successor in office.

13-265. TRESPASSING ANIMALS - DAMAGING - IMPOUNDING. 

If any cattle, horses, assess, mules, sheep, goats or swine shall trespass or do damage upon the premises of any person, the party aggrieved, whether he be the owner or the occupant of such premises, may recover damages by an action at law against the owner of the trespassing animals or be destraining and impounding the animals in the manner provided.

13-266. APPRAISEMENT OF DAMAGES. 

The owner or occupant of any property may destrain any or all of said animals trespassing or doing damage thereon. He shall, within 24 hours thereafter, deliver said animals to the pound master together with a certificate of the appraisement of the damage done by such animals. Such appraisement must be made by some disinterested person. It must state the amount of the damage, the time when committed, the name of the person damaged, the name of the owner of the animals, if known, and if not known, it must state that fact together with a description of the animals, including all visible marks and brands. If the animals appear to be owned by different parties, a separate appraisement and a separate certificate thereof shall be made of the damage done by the lot or group of animals which appear to belong to each of the different owners. In such cases, the owners shall be notified separately, and each lot or group of animals shall be advertised and sold separately in the same manner as though the damage had been done by different animals at different times.

13-267. OWNER TO BE NOTIFIED. 

The person destraining the animals must, if the owner of the same be known to him and if he resides within ten miles of the place of the trespass, immediately deliver to such owner, or leave at his place of residence if he cannot be found, a copy of such certificate of appraisement; but if the owner does not live within ten miles of the place of trespass, the party destraining the animals may at his option deliver a copy of such certificate to the owner in person, or deposit the same in the nearest post office in a registered letter addressed to said owner. He shall be entitled to charge     .20     cents a mile one way for the first ten miles necessarily traveled in delivering such certificate, and      .20      cents for each additional mile, to be taxed as costs against the animals.

13-268. FAILURE TO NOTIFY WAIVES DAMAGES. 

If the party destraining any animals shall fail to deliver them or the certificate of appraisement to the pound master within 48 hours, or shall fail to deliver to the owners of the animals, if known, a copy of the certificate of appraisement within 24 hours after he receives the same or to deposit the same in a post office as herein provided, he shall not be entitled to recover damages under the provision of this part.

13-269. WHERE OWNER UNKNOWN - DUTY OF POUNDMASTER. 

Whenever any animals are delivered to the pound master and the certificate of appraisement is filed with him as herein provided and such certificate states that the owner is unknown, the pound master shall immediately examine all brand books or brand sheets in his possession. If the owner be ascertained thereby or if the owner is already known to the pound master, he shall, if the owner lives within ten miles, immediately deliver a copy of such certificate of appraisement to such owner, or leave the same at his residence if he cannot be found. If the owner lives more than ten miles away, the pound master may at his option deliver such copy personally to the owner, or deposit the same in the nearest post office in a registered letter addressed to such owner. He shall, however, serve a copy in one of the ways provided herein; provided that whenever personal service of a copy of any paper is required by this chapter, service by agent shall be deemed sufficient.

13-270. NOTICE OF SALE OF DISTRAINED ANIMALS. 

As soon as any such animals are delivered to the pound master, he shall immediately proceed to advertise the same as hereinafter provided except when the owner is known and has been notified, in which case he shall hold said animals 48 hours before advertising the same. He shall advertise in a newspaper published in and having general circulation in the county, by publishing a notice in at least one issue of said paper, by posting notices in three public places in the municipality, one of which shall be at or near the post office, and he shall deliver a copy of the same to the county clerk or send the same by deputy or by registered mail. The clerk should preserve such notice and post a copy thereof. The notice herein provided for shall state the time when the damage was done and the amount thereof, the name of the party damaged, a description of the animals, including all visible marks and brands, and the day, hour, and place at which such animals will be sold, which shall be not less than ten or more than 20 days from the time of posting such notice. The notices shall be substantially in the following form:

                                    “SALE OF ANIMALS FOR DAMAGE

            State of Utah, County of ______________________,

            In the ___________________ of ________________.

I have in possession the following described animals, which if not claimed and taken away, will be sold at public auction to the highest cash bidder at the municipal pound in the ___________ of ____________, on the ________ day of ________________, 20____, at the hour of ________________.

                                                          (Description of Animals)

The above-described animals are held by me to secure the payment of $_______________ damages done by those animals on the premises of _______________________ on the ______________ day of ______________, 20___.

                                                ______________________________

                                                Pound master of the ______________

                                                of __________________________.”

13-271. OWNER MAY PAY AND TAKE ANIMALS - DISPUTED APPRAISAL. 

The owner of any trespassing animals taken up under the provisions of this part may at any time before the sale thereof claim and take such animals away upon paying the amount of damages set forth in the certificate of appraisement and the accrued costs, and if such animals are included in a lot or group of animals belonging to other parties against which the damages and costs are assessed as a whole, he shall pay his proportion of the total amount of damages and costs assessed against such animals, according to the number of animals he owns when compared with the number of the entire lot or group. If he deems the appraisal too high, he may choose another appraiser having qualification herein provided who with the first appraiser shall make a new appraisal, and if they cannot agree, the shall choose a third appraiser, and the three shall proceed to make another appraisal, and the decision of the majority shall be final.

13-272. SALE - BILL OF SALE. 

If such animals are not claimed and taken away by the owner, the pound master shall, at the time and place set forth in the notice of sale, proceed to sell such animals, one at a time, to the highest cash bidder. If the owner of any lot of animals to be sold is known, the pound master shall sell only enough of said animals to pay the damages and costs, the remainder may be turned over to the owner at any time thereafter; but if the owner be unknown, the pound master shall proceed to sell all of said animals so advertised for sale. He shall execute and deliver a bill of sale therefor, and file a copy with the county clerk as hereinbefore provided.

13-273. REDEMPTION WITHIN NINETY DAYS. 

The owner of any trespassing animals sold under the provisions of this part may, at any time within 90 days of the date of such sale, redeem such animals from the purchaser or assignee having the same in his possession, upon paying to such purchaser or assignee the sum for which such animals were originally sold, together with an additional ten percent and reasonable compensation for care and keeping of the same. If such purchaser or assignee refuses to give up such animals on the owner proving his title to the same and on his tendering the amount due as herein provided, such owner may maintain any action at law to recover the same, provided that the purchaser or any assignee who has disposed of such animals shall not be liable to such owner in any amount. If redemption of such animals is not made within 90 days after the date of such sale, such sale shall be absolute and shall vest the title to such animals in the purchaser or assignee. Any person selling or disposing of any such animal within 90 days of its sale under the provision of this part shall notify the purchaser of the same of the date of the original sale and the amount paid for such animal at that time, if he fails to do so, he shall be liable for any loss that may accrue to such purchaser by reason of such animal being redeemed for an amount less than he paid therefor.

13-274. OWNER ENTITLED TO RESIDUE OF PROCEEDS. 

If any estrays or trespassing animals sold under the provision of this part shall, within a period of six months following the date of sale, be claimed and proved to be the property of any person, it shall be the duty of the treasurer at the expiration of such time to pay the money received for such animals to the owner thereof, less the amount of damages and the expense of taking, keeping, and selling the same. In the event such animals are not claimed as aforesaid, such money shall become the property of the municipality, provided that in case there is a contest between two or more persons claiming to be the owners of any such animals, the treasurer shall pay the residue to the party who shall establish by action his right to the same.

13-275. RECORD OF TRESPASSING ANIMALS. 

The pound master shall keep an accurate record of all trespassing animals received by him, which record shall contain all the items required by this part together with the names of the injured party and the owner of the animals, the amount of the damages claimed, and all other matters necessary to a complete account of the transaction.

13-276. RETAKING ANIMAL UNLAWFULLY. 

It shall be unlawful for anyone to take any animal out of the possession of anyone lawfully holding the same under the provision of this part, either by stealth, force, fraud, or to intercept or hinder any person lawfully taking or attempting to take up such animals.

CHAPTER

13-300. GENERAL POLICE POWERS.

PART

13-310. OFFENSES RE: MINORS.

13-311. PURCHASE, POSSESSION PROHIBITED. 

Any person who maintains in his place of business a tobacco vending machine accessible to persons under the age of 19 or provides any method of self-help for the disposition to persons under the age of 19 by gift, sale or otherwise of any cigarette or cigarette paper or wrapper or any paper made or prepared for the purpose of making cigarettes or tobacco in any form whatsoever is guilty of a class C misdemeanor.  Cigarette vending machines shall be deemed accessible to persons under the age of 19 except:

A.     Where they are in locations where persons under the age of 19 are prohibited.

B.      Where the machine can be operated only by the owner or his employee, either directly or through a remote-control device which is inaccessible to the customer and must be operated for each sale.

C.      In private industrial locations where only adult employees are customarily allowed, provided such locations are inaccessible to persons under the age of 19.

D.     In adult-private clubs, provided that such locations are inaccessible to persons under the age of 19.

13-312. CURFEW - MINORS - EXCEPTIONS. 

No person under the age of   12    years shall be or remain upon any of the streets, alleys or public places or vacant lots at night between the hours of    10:00      p .m. and     5:00     a.m. following, unless such person is accompanied by a parent, guardian or other person having legal custody of such minor person, unless the employment or lawful business of such minor makes it necessary to be upon the streets, alleys or public places between such specified hours, in which event such minor person shall obtain a permit from the chief of police to be upon the streets, alleys or public places during such hours. On any night when school, civic or church functions are taking place, the hours of curfew shall be    11:00  p .m. to 5:00 a .m. following, in order to provide adequate time to attend such functions provided for minor persons. Where a permit is required from the chief of police under this section, such permit shall be kept upon the person and it shall be unlawful to be upon the streets, alleys or public places within such curfew hours without such permit.

13-313.  RESPONSIBILITY OF PARENTS, GUARDIANS FOR CURFEW.

No parent, guardian or other person having legal charge or custody of any person under   12    years of age shall allow or permit any such person or child, ward or other person under such age, while in such legal custody, to go or be in or upon any of the streets, alleys, or public places when such going or being in or upon such streets, alleys, or public places would be a violation by such minor person of any provision of section 13-312.

13-314. MINOR PROHIBITED WHERE BEER IS SOLD.

A.     It is unlawful for any person to operate any pool or billiard hall in this municipality if beer as defined in this code is kept, sold or consumed without first making a regulation and enforcing the same, keeping posted in a conspicuous place the terms of such regulation, which shall read, "No person under       years of age permitted in these premises."

B.      It is unlawful for any person in charge of or employed in such pool or billiard hall to permit any person under the age of    21    years of age to enter upon or remain in any such premises of for any person under the age of   21    years to enter upon or remain in said premises for any purpose.

C.      Pool or billiard halls may be kept open to minors where no beer as defined in this code is kept or consumed or sold.

PART

13-320. INTOXICANTS AND LIQUOR.

13-321. PUBLIC INTOXICATION PROHIBITED.

A.     It is a class C misdemeanor for any person to be under the influence of any intoxicating liquor, a controlled substance or of any substance having the property of releasing toxic vapors, to a degree that the person may endanger himself or another in a public place or in a private place where he unreasonably disturbs another person.

B.      A peace officer or magistrate may release from custody an individual arrested under this section if he believes imprisonment is unnecessary for the protection of the individual or another.

13-322. ILLEGAL SALE, MANUFACTURING, STORAGE OF INTOXICATING LIQUOR. 

It shall be unlawful for any person, except as permitted by state law, and the ordinances of this municipality to knowingly have in his possession any intoxicating liquor or to manufacture, keep, sell, or store for sale, offer or expose for sale, import, carry, transport, advertise, distribute, give away, dispense, or serve intoxicating liquor.

13-323. POSSESSION OF LIQUOR. 

It shall be unlawful except as permitted by state law, and the ordinances of this municipality for any person to have or keep for sale or possession any liquor which has not been purchased from the state liquor store or package agency.

13-324. LIQUOR TO DRUNKEN PERSON. 

It shall be unlawful for any person to sell or supply any alcoholic beverage or to permit alcoholic beverages to be sold or supplied to any person who is apparently under the influence of liquor. 

13-325. ALCOHOLIC BEVERAGES AND MINORS.

A.     It shall be unlawful for alcoholic beverages to be given, sold, or otherwise supplied to any person under the age of 21 years, but this shall not apply to supplying liquor to such persons for medicinal purposes only by the parent or guardian of such person or to the administering of liquor to such person by a physician in accordance with the provision of this part.

B.      It shall be unlawful for any person under the age of 21 years to have possession of beer or any intoxicating liquor. 

13-326. CANVASSING OR SOLICITING. 

It shall be unlawful for any person to canvass or solicit for alcoholic beverages by mail, telephone, or other manner, and the person is hereby prohibited from engaging in such activities, except to the extent that such prohibition may be in conflict with the laws of the United States or the State of Utah.

13-327. SOLICITATION OF DRINKS. 

No person shall frequent or loiter in any tavern, cabaret, or night club, with the purpose of soliciting the purchase of alcoholic drinks.  No proprietor or operator of any such establishment shall allow the presence in such establishment of any who violates the provisions of this section.

PART

13-330. DISTURBING THE PEACE.

13-331. NOISE. 

It is a class C misdemeanor for any person to disturb the peace or quiet of any neighborhood, family or person by loud or unusual noises, by tumultuous or offensive conduct.

13-332. FIGHTING-THREATENING. 

It is a class C misdemeanor for any person to threaten physical force against another person or to challenge, invite or engage in a fight.

13-333. LOUDSPEAKERS.

A.     It is an infraction for any person to maintain, operate, connect or suffer to permit to be maintained, operated or connected any caliope or radio apparatus, sound device or any talking machine or loudspeaker attached thereto in such a manner that the loudspeaker or amplifier causes the sound from such radio apparatus or sound device or talking machine to be projected directly therefrom outside of any building, vehicle or out-of-doors, provided that the chief of police may grant a permit to so broadcast any events or happenings of cultural, political, intellectual or religious interest. Every person desiring a permit to so broadcast shall make application, file a statement showing the place where he proposes to broadcast, the times and probable duration, and the nature, topics or titles of said broadcast. Said permit shall not be arbitrarily denied and when an application for a permit is denied, the chief of police shall set forth in writing and with particularity the grounds for so denying the application for a permit.

B.      Nothing herein contained shall be construed to prevent the  operation of a radio apparatus, sound device, amplifier or talking machine used in a reasonable manner by any person within any building, vehicle or structure even though the sound therefrom may be heard on the outside of such building, vehicle or structure, provided that the said apparatus, sound device, amplifier or talking machine shall not project the sound therefrom directly outside of any building, vehicle or out-of-doors, and provided further that no such apparatus, sound device, amplifier or talking machine is in any way fastened to or connected with any outside wall or window in any building, vehicle or structure so that sound therefrom is projected outside of such walls or window.

13-334. SALE OR USE OF FIREWORKS UNLAWFUL.

It shall be unlawful for any person, firm, partnership or corporation to offer for sale, expose for sale, sell, possess, or use, or explode any toy cannon in which explosives are used; the type of balloon which requires fire underneath to propel the same; firecrackers, torpedoes; sky-rockets, Roman candles, bombs, or other fireworks of like construction or any fireworks containing any explosive or inflammable compound or any tablets or other device commonly used and sold as fireworks containing nitrates, chlorates, oxalates, sulphides of lead, barium, antimony, arsenic, mercury, nitroglycerine; phosphorus or any compound containing any of the same or other explosives, or any substance or combination of substances, or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, other than aviation and railroad signal light flares, except as in this section provided; provided, further, this section shall not prohibit the use of toy pistols, toy canes, toy guns, or sparklers.

13-335. THROWING OBJECTS PROHIBITED. 

Every person who willfully or carelessly throws any stone, stick, snowball or other missile whereby any person is hit or any window broken or other property injured or destroyed, in such manner as to render travel upon the public streets and places dangerous, or in such manner as to frighten or annoy any traveler, is guilty of an infraction.

13-336. VULGAR LANGUAGE. 

It shall be a class C misdemeanor for any person to use vulgar, profane, or indecent language on any public street or other public place or in any public dance hall, club dance, skating rink, or place of business open to public patronage.

13-337. INDECENT EXPOSURE.

A.     It shall be a class B misdemeanor for any person over   8    years of age to indecently expose his body in public.

B.      For the purpose of this section:

1.       Indecent exposure means:

                                                             a.      The exposing male genital or the covered male genital shown in a discernible turgid state.

                                                             b.      The exposed female genital or female breasts which are not covered with an opaque covering below a point immediately above the top of the nipple (or the breast with only the nipple covered).

2.       "Public" means any place open to or frequented by the public or which may be seen from any place open to or frequented by the public and includes private clubs, associations or other places where the public frequents.

13-338. OFFENSIVE, INDECENT ENTERTAINMENT. 

It shall be unlawful for any person to hold, conduct or carry on, or to cause or permit to be held, conducted or caused any motion pictures, exhibition or entertainment of any sort which is offensive to decency, or which is of an obscene, indecent or immoral nature, or so suggestive as to be offensive to the moral sense.

13-339. WINDOW PEEPING. 

It shall be a class C misdemeanor for any person to look, peer, or peep into or be found loitering around or within view of any window within a building occupied as residence of another with the intent of watching or looking through the window to observe any person undressed, or in the act of dressing or undressing.

13-340. LOOKOUTS FOR ILLEGAL ACTS. 

It shall be a class C misdemeanor for any person to act as a guard or lookout for any building, premises, or establishment used for gambling, for illegal sale or purchase of intoxicating liquors, or for any person soliciting, offering or engaging in prostitution, gambling or any other form of vice, or illegal act, or any prostitute, on any street or sidewalk. Nor shall any person give any signal intended to, or calculated to warn, or give warning of the approach of any peace officer to any person in or about such building or premises or place mentioned herein.

13-341. UNLAWFUL USE OF RESTROOMS. 

No person over the age of   8    years shall use the restroom and washrooms designated for the opposite sex.

PART

13-350. PUBLIC PROPERTY - DOCUMENTS.

13-351. PUBLIC PROPERTY. 

For the purpose of this part, "public property" means any publicly owned property except the traveled portion of public streets, and includes any park, sidewalk, curb or any part of any public right-of-way devoted to any planting or park like use.

13-352. UNLAWFUL ACTS. 

On any public property it is unlawful for any person to:

A.     Willfully mark, deface, disfigure, injure, tamper with, displace or remove any building, railing, bench, paving, paving material, water line or any facilities or property and equipment of any public utilities or parts or appurtences thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, wall or rock border, or other structures or equipment, facilities or public property or appurtences whatever, either real or personal.

B.      Soil or litter public restrooms and washrooms.

C.      Dig and remove any sand, soil, rock, stones, trees, shrubs, or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency, unless permission is obtained.

D.     Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, any tent, fly or windbreak, or run or string any rope, cord or wire into, upon or across any public property, except with special permit.

E.      Urinate or defecate, except in the public restroom in receptacles placed there for such purpose.

F.      Damage, cut, carve, burn, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant. No person shall attach any rope, wire or other contrivance to any tree or plant. No person shall dig in or otherwise disturb, or in any other way injure or impair the natural beauty or usefulness of any park area. This subsection shall not apply to any person authorized to perform the act proscribed.

G.     Climb any tree or walk, stand or sit on monuments, fountains, railings, fences, planted areas or upon any other property not designed or customarily used for such purposes or to intentionally stand, sit or lie in or upon any street, sidewalk, stairway or crosswalk so as to prevent free passage of persons or vehicles passing over, along or across any street, sidewalk, stairway or crosswalk.

H.     Drop, throw, place, discard, dump, leave or otherwise deposit any bottles, broken glass, garbage, ashes, paper boxes, cans, dirt, rubbish, waste, refuse or other trash on any public property except in waste containers provided therefor. No such refuse or trash shall be place in any waters contiguous to any park or planted area or left anywhere on the grounds thereof.

I.        Sleep on seats, benches, sidewalks, curbs, planters, wall or other areas.

J.        Expose or offer for sale any article or thing or station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing, without first obtaining a license, except that the governing body may exempt designated areas from this subsection by resolution on such terms and conditions as it may prescribe.

K.     To beg or to go from door to door of private homes or commercial and business establishments or place himself in or upon any public way or public place to beg or to receive money or other things of value.

CHAPTER

13-400. INCHOATE OFFENSES.

PART

13-410. ATTEMPT.

13-411. ATTEMPT - ELEMENTS OF OFFENSE.

A.     For the purpose of this part a person is guilty of an attempt to commit any act made an offense by any ordinance of this municipality if, acting with the kind of culpability otherwise required for the commission of the offense, he engages in conduct constituting a substantial step towards commission of the offense.

B.      For purposes of this part, conduct does not constitute a substantial step unless it is strongly corroborative of the actor's intent to commit the offense.

C.      No defense of the offense of attempt shall arise:

1.       Because of the offense attempted was actually committed, or

2.       Due to factual or legal impossibility if the offense could have been committed had the attendant circumstances been as the actor believed them to be.

13-412. ATTEMPT - CLASSIFICATION OF OFFENSES. 

Criminal attempt to commit:

A.     A class B misdemeanor is a class C misdemeanor.

B.      A class C misdemeanor is an infraction.

C.      C. An infraction is punishable by a penalty not exceeding one-half the penalty for an infraction.

PART

13-420. CRIMINAL CONSPIRACY.

13-421. CONSPIRACY - ELEMENTS OF OFFENSE. 

For the purposes of this part a person is guilty of conspiracy when he, intending that conduct constituting an offense under these ordinances whether he specifically intends to violate the ordinances or not, agrees with one or more persons to engage in or commits an overt act in pursuance of the conspiracy, except where the offense is arson, or burglary, the overt act is not required for the commission of the conspiracy.

13-422. CONSPIRACY - CLASSIFICATION OF OFFENSES. 

Conspiracy to commit:

A.     A class B misdemeanor is a class C misdemeanor.

B.      A class C misdemeanor is an infraction.

C.      An infraction is punishable by a penalty not exceeding one-half the penalty for an infraction.

PART

13-430. EXEMPTIONS AND RESTRICTIONS.

13-431. SPECIFIC ATTEMPT OR CONSPIRACY OFFENSE PREVAILS. 

Whenever any offense specifically designates or defines an attempt or conspiracy and provides a penalty for the attempt or conspiracy other than provided in this part, the specific offense shall prevail over the provision of this part.

13-432. CONVICTION OF INCHOATE AND PRINCIPAL OFFENSE PROHIBITED. 

No person shall be convicted of both an inchoate and principal offense or of both an attempt to commit an offense and a conspiracy to commit the same offense.

CHAPTER

13-500. OFFENSES AGAINST THE PERSON.

PART

13-510. ASSAULT AND RELATED OFFENSES.

13-511. RESERVED.

13-512. ASSAULT.

A.     Assault is:

1.       An attempt, with unlawful force or violence to do bodily injury to another; or

2.       A threat accompanied by a show of immediate force or violence, to do bodily injury to another.

B.      Assault is a class B misdemeanor.

13-513 through 13-515. RESERVED.

13-516. HARASSMENT.

A.     A person is guilty of harassment if, with intent to frighten or harrass another, he communicates in writing a threat to commit any violent felony.

B.      Harassment is a class C misdemeanor.

13-517. TERRORISTIC THREAT.

A.     A person commits terroristic threat if he threatens to commit any offense involving violence with intent:

1.       To cause action of any sort by an official or volunteer agency organized to deal with emergencies; or

2.       To place a person in fear of imminent serious bodily injury.

3.       To prevent or interrupt the occupation of a place of assembly; or aircraft, automobile or other form of conveyance, but shall not include a facility of public transportation operated by a common carrier.

B.      Terroristic threat is a class B misdemeanor.

PART

13-520. RESERVED.

PART

13-530. INTERFERING WITH CUSTODIAL RIGHTS OR PERSONAL LIBERTY.

13-531 and 13-532. RESERVED.

13-533. CUSTODIAL INTERFERENCE.

A.     A person, whether a parent or other, is guilty of custodial interference if, without good cause, he takes, entices, conceals, or detains a child under the age of sixteen from his parent, guardian, or other lawful custodian:

1.       Knowing he has no legal right to do so; and

2.       With intent to hold the child for a period substantially longer than the visitation or custody period previously awarded by a court of competent jurisdiction.

B.      A person, whether a parent or other, is guilty of custodial interference if, having actual physical custody of a child under the age of sixteen pursuant to a judicial award of any court of competent jurisdiction which grants to another person visitation or custody rights, and without good cause he conceals or detains the child with intent to deprive the other person of his lawful visitation or custody rights.

C.      A person is guilty of custodial interference if without good cause he takes, entices, conceals, or detains an incompetent or other person under the age of sixteen who has been committed by authority of law to the custody of another person or institution from the other person or institution, knowing he has no legal right to do so.

D.     Custodial interference is a class B misdemeanor.

13-534. UNLAWFUL DETENTION.

A.     A person commits unlawful detention if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.

B.      Unlawful detention is a class B misdemeanor.

PART

13-540. SEXUAL OFFENSES.

13-541. UNLAWFUL SEXUAL INTERCOURSE.

A.     A male person commits unlawful sexual intercourse if he has sexual intercourse with a female, not his wife, who is under sixteen years of age when at the time of intercourse the male is no more than three years older than the female.

B.      Unlawful sexual intercourse is a class B misdemeanor. Evidence that the actor was not more than three years older than the victim at the time of the intercourse shall be raised by the defendant.

13-542. RESERVED.

13-543. SODOMY.

A.     A person commits sodomy when the actor engages in any sexual act with a person involving the genitals of one person in the mouth or anus of another person, regardless of the sex of either participant.

B.      Sodomy is a class B misdemeanor.

13-544 through 13-546. RESERVED.

13-547. MARRIED PERSONS' CONDUCT EXEMPT - LIMITATIONS OF ACTIONS - "PENETRATION" OR "TOUCHING" SUFFICIENT TO CONSTITUTE OFFENSE.

A.     The provisions of this part shall not apply to conduct between persons married to each other; provided, however, that for purposes of this part, persons living apart pursuant to a lawful order of a court of competent jurisdiction shall not be deemed to be married.

B.      No prosecution may be instituted or maintained under this part unless the alleged offense was brought to the notice of public authority:

1.       Within three months of its occurrence; or

2.       Where the alleged victim was less than eighteen years of age or otherwise incompetent to make complaint, within three months after a parent, guardian, or other competent person specifically interested in the victim, other than the alleged offender, learned of the offense.

C.      In any prosecution for unlawful sexual intercourse, or sodomy, any sexual penetration or, in the case of sodomy, any touching, however slight, is sufficient to constitute the offense.

CHAPTER

13-600. OFFENSES AGAINST PROPERTY.

PART

13-610. PROPERTY DESTRUCTION.

13-611. DEFINITIONS. 

For the purposes of this chapter:

A.     "Property" means any form of real property or tangible personal property which is capable of being damaged or destroyed and includes habitable structure.

B.      "Habitable structure" means any building, vehicle, trailer, railway car, aircraft, or watercraft used for lodging or assembling persons or conducting business whether a person is present or not.

C.      "Property" is that of another, if anyone other than the actor has a possessory or proprietary interest in any portion thereof.

D.     "Value" means:

1.       The market value of the property, if totally destroyed, at the time and place of the offense, or where cost of replacement exceeds the market value; or

2.       Where the market value cannot be ascertained, the cost of repairing or replacing the property within a reasonable time following the offense.

3.       If the property damaged has a value than cannot be ascertained by the criteria set forth in subsections 1 and 2 above, the property shall be deemed to have a value of $50.00.

13-612. ARSON.

A.     A person is guilty of arson if, by means of fire or explosives, a person unlawfully and intentionally damages the property of another.

B.      Arson is a class B misdemeanor if the damage caused exceeds $250.00 and it is a class C misdemeanor if the damage is less than $249.99.

13-613. RESERVED.

13-614. RECKLESS BURNING.

A.     A person is guilty of reckless burning if he damages the property of another by reckless use of fire or causing an explosion.

B.      Reckless burning is a class B misdemeanor if the damage to property exceeds $500.00 in value; and a class C misdemeanor if the damage to property exceeds $50.00 in value. Any other violation under this section shall constitute an infraction.

13-615. RESERVED.

13-616. CRIMINAL MISCHIEF.

A.     A person commits criminal mischief if:

1.       He intentionally damages, defaces or destroys the property of another.

2.       He recklessly or willfully shoots or propels a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car or caboose, whether moving or standing.

B.      Criminal mischief is defined herein as a class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss in excess of $250.00 and a class C misdemeanor if the actor's conduct causes or is intended to cause loss of less than $250.00.

PART

13-620. BURGLARY AND CRIMINAL TRESPASS.

13-621. DEFINITIONS. 

For purposes of this part:

A.     A person "enters or remains unlawfully" in or upon premises when the premises or any portion thereof at the time of the entry or remaining are not open to the public and when the actor is not otherwise licensed or privileged to enter or remain on the premises or such portion thereof.

13-622 through 13-624.  RESERVED.

13-625. MANUFACTURE OR POSSESSION OF INSTRUMENTS FOR BURGLARY OR THEFT. 

Any person who manufactures or possesses any instrument, tool, device, article or other thing adapted, designed, or commonly used in advancing or facilitating the commission of any offense under circumstances manifesting an intent to use or knowledge that some person intends to use the same in the commission of a burglary or theft is guilty of a class B misdemeanor.

13-626. CRIMINAL TRESPASS.

A.     For purposes of this section "enter" means intrusion of the entire body.

B.      A person is guilty of criminal trespass if under circumstances not amounting to burglary as defined in sections 76-2-202 through 76-2-204 of the Utah Code:

1.       He enters or remains unlawfully on property; and

                                                             a.       intends to cause annoyance or injury to any person thereon or damage to any property thereon; or

                                                             b.       intends to commit any crime, other than theft or a felony;

                                                             c.       is reckless as to whether his presence will cause fear for the safety of another.

2.       Knowing his entry or presence is unlawful, he enters or remains on property as to which notice against entering is given by:

                                                             a.       personal communication with the actor by the owner or someone with apparent authority to act for the owner; or

                                                             b.       fencing or other enclosure obviously designed to exclude intruders; or

                                                             c.       posting of signs reasonably likely to come to the attention of intruders.

C.      A violation of subsection 2.a is a class C misdemeanor unless it was committed in a dwelling, in which event it is a class B misdemeanor. A violation of subsection 2.b is an infraction.

D.     It is a defense to prosecution under this section:

1.       That the property was open to the public when the actor entered or remained; and

2.       The actor's conduct did not substantially interfere with the owner's use of the property.

13-630. RESERVED.

PART

13-640. THEFT.

13-640-1. DEFINITIONS. 

For the purposes of this part:

A.     "Property" means anything of value, including real estate, tangible and intangible personal property, captured or domestic animals and birds, written instruments or other writing representing or embodying rights concerning real or personal property, labor, services, or otherwise containing anything of value to the owner, commodities of the public utility nature such as telecommunications, gas, electro municipality, steam, or water, and trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula or invention which the owner thereof intends to be available only to persons selected by him.

B.      "Obtain" means, in relation to property, to bring about a transfer of possession or of some other legally recognized interest in property, whether to the obtainer or another; in relation to labor or services to secure performance thereof; and in relation to a trade secret, to make any facsimile, replica, photograph, or other reproduction.

C.      "Purpose to deprive" means to have the conscious object:

1.       To withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or of the use and benefit thereof, would be lost; or

2.       To restore the property only upon payment of a reward or other compensation;

3.       To dispose of the property under circumstances that make it unlikely that the owner will recover it.

D.     "Obtain or exercise unauthorized control" means, but is not necessarily limited to, conduct heretofore defined or known as common-law larceny by trespassory, takin, larceny by conversion, larceny by bailee, and embezzlement.

E.      "Deception" occurs when a person intentionally:

1.       Creates or confirms by words or conduct an impression of law or fact that is false and that the actor does not believe to be true and that is likely to affect the judgment of another in the transaction; or

2.       Fails to correct a false impression of law or fact that the actor previously created or confirmed by words or conduct that is likely to affect the judgement of another and that the actor does not now believe to be true; or

3.       Prevents another from acquiring information likely to affect his judgment in the transaction; or

4.       Sells or otherwise transfers or encumbers property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid or is or is not a matter of official record; or

5.       Promises performance that is likely to affect the judgement of another in the transaction, which performance the actor does not intend to perform or knows will not be provided, however, that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed.

13-640-2. PRESUMPTIONS AND DEFENSES. 

The following presumption shall be applicable to this part:

A.     Possession of property recently stolen, when no satisfactory explanation of such possession is made, shall be deemed prima facie evidence that the person in possession stole the property.

B.      It is no defense under this part that the actor has an interest in the property or service stolen if another person also has an interest that the actor is not entitled to infringe, provided an interest in property for purposes of this subsection shall not include a security interest for the repayment of a debt or obligation.

C.      It is a defense under this part that the actor:

1.       Acted under an honest claim of right to the property or service involved; or

2.       Acted on the honest belief that he had the right to obtain or exercise control over the property or service as he did; or

3.       Obtained or exercised control over the property or service honestly believing that the owner, if present, would have consented.

13-640-3. THEFT - EVIDENCE TO SUPPORT ACCUSATION. 

Conduct denominated theft in this part constitutes a single offense embracing the separate offenses as those heretofore known as larceny, larceny by trick, larceny by bailees, embezzlement, false pretense, extortion, blackmail, and receiving stolen property. An accusation of theft may be supported by evidence that it was committed in any manner specified in sections 13-640-3 through 13-640-11subject to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

13-640-4. THEFT - ELEMENTS. 

A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.

13-640-5. THEFT BY DECEPTION.

A.     A person commits theft if he obtains or exercises control over property of another by deception and with the purpose to deprive him thereof.

B.      Theft by deception does not occur, however, when there is only falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed.  "Puffing" means an exaggerated commendation of wares or worth in communications addressed to the public or to a class or group.

13-640-6. THEFT BY EXTORTION.

A.     A person is guilty of theft if he obtains or exercises control over the property of another by extortion and with a purpose to deprive him thereof.

B.      As used in this section, extortion occurs when a person threatens to:

1.       Cause physical harm in the future to the person threatened or to any other person or to property at any time; or

2.       Subject the person threatened or any other person to physical confinement or restraint; or

3.       Engage in other conduct constituting a crime; or

4.       Accuse any person of a crime or expose him to hatred, contempt or ridicule; or

5.       Reveal any information or withhold testimony or information with respect to another's legal claim or defense; or

6.       Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or

7.       Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or

8.       Bring about or continue a strike, boycott or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or

9.       Do any other act which would not in itself substantially benefit him with respect to that person's health, safety, business, calling, career, financial condition, reputation, or personal relationships.

13-640-7. THEFT OF LOST, MISLAID OR MISTAKENLY DELIVERED PROPERTY. 

A person commits theft when:

A.     He obtains property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property, without taking reasonable measures to return it to the owner; and

B.      He has the purpose to deprive the owner of the property when he obtains the property or at any time prior to taking the measures designated in paragraph A.

13-640-8. RECEIVING STOLEN PROPERTY - DUTIES OF PAWNBROKERS.

A.     A person commits theft if he receives, retains, or disposes of the property of another knowing that it has been stolen, or believing that it probably has been stolen, or who conceals, sells, withholds or aids in concealing, selling, or withholding any such property from the owner, knowing the property to be stolen, with a purpose to deprive the owner thereof.

B.      The knowledge or belief required for paragraph A is presumed in the case of an actor who:

1.       Is found in possession or control of other property stolen on a separate occasion; or

2.       Has received other stolen property within the year preceding the receiving offense charged; or

3.       Being a dealer in property of the sort received, retained or disposed, acquires it for conderation which he knows is far below its reasonable value.

4.       Every pawnbroker or person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, or an agent, employee or representative of the pawnbroker or person who buys, receives or obtains property and fails to require the seller or person delivering the property to certify, in writing, that he has the legal rights to sell the property.  If the value given for the property, exceeds $20.00 the pawnbroker or person shall also require the seller or person delivering the property to obtain a legible print, preferably the right thumb, at the bottom of the certificate next to his signature and at least one other positive form of identification.

                                                             a.       Every pawnbroker or person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, or an agent, employee or representative of the pawnbroker or person who fails to comply with the requirements of paragraph number four shall be presumed to have bought, received or obtained the property knowing it to have been stolen or unlawfully obtained. This presumption may be rebutted by proof.

                                                             b.       When in a prosecution under this section it appears from the evidence that the defendant was a pawnbroker or a person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, or was an agent, employee or representative of a pawnbroker or person, that the defendant bought, received, concealed or withheld property without requiring the person from whom he bought, received, or obtained the property to sign the certificate required in paragraph four and in the event the transaction involves an amount exceeding $20.00 also place his legible print, preferably the right thumb, on the certificate, then the burden shall be upon the defendant to show that the property bought, received or obtained was not stolen.

B.      As used in this section:

1.       "Receives" means acquiring possession, control, or title or lending on the security of the property;

2.       "Dealer" means a person in the business of buying or selling goods.

13-640-9. THEFT OF SERVICES.

A.     A person commits theft if he obtains services which he knows are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment thereof.

B.      A person commits theft if, having control over the disposition of services of another, to which he knows he is not entitled, he diverts such services to his own benefit or to the benefit of another who he knows is not entitled thereto.

C.      As used in this section "services" includes, but is not necessarily limited to, labor, professional service, public utility, and transportation services, restaurant, hotel, motel, tourist cabin, rooming house and like accommodations, the supplying of equipment, tools, vehicles, or trailers for temporary use, telephone or telegraph service, gas, electro municipality, water or steam, and the like, admission to entertainment, exhibitions, sporting events, or other events for which a charge is made.

13-640-10.       THEFT BY PERSON HAVING CUSTODY OF PROPERTY PURSUANT TO REPAIR OR RENTAL AGREEMENT. 

A person is guilty of theft if:

A.     Having custody of property pursuant to an agreement between himself or another and the owner thereof whereby the actor or another is to perform for compensation a specific service for the owner involving the maintenance, repair, or use of such property, he intentionally uses or operates it, without the consent of the owner, for his own purposes in a manner constituting a gross deviation from the agreed purpose; or

B.      Having custody of any property pursuant to a rental or lease agreement where it is to be returned in a specified manner or at a specified time, intentionally fails to comply with the terms of the agreement concerning return so as to render such failure a gross deviation from the agreement.

13-640-11. RESERVED.

13-640-12. THEFT - CLASSIFICATION OF OFFENSES. 

Theft of property and services as provided in this chapter shall be punishable as a class B misdemeanor.

PART

13-650. FRAUD.

13-650-1. FORGERY - "WRITING" DEFINED.

A.     A person is guilty of forgery, if, with purpose to defraud anyone, or with knowledge that he is facilitating a fraud to be perpetrated by anyone, he:

1.       Alters any writing of another without his authority or utters any such altered writing; or

2.       Makes, completes, executes, authenticates, issues, transfers, publishes, or utters any writing so that the writing, completion, execution, authentication, issuance, transference, publication, or utterance purports to be the act of another, whether the person is existent or nonexistent, and purports to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.

B.      As used in this section "writing" includes printing or any other method of recording information, checks, tokens, stamps, seals, credit cards, badges, trademarks, money, and any other symbols of value, right privilege, or identification.

C.      Forgery is a class B misdemeanor.

13-650-2. POSSESSION OF FORGED WRITING OR DEVICE FOR WRITINGS.

Any person who, with intent to defraud, knowingly possesses any writing that is a forgery as defined in section 13-650-1, or who with intent to defraud knowingly possesses any device for making such writing, is guilty of a class B misdemeanor.

13-650-3. FRAUDULENT HANDLING OF RECORDABLE WRITINGS. 

Any person who with intent to deceive or injure anyone falsifies, destroys, removes or conceals any will, deed, mortgage, security instrument, or other writing for which the law provides public recording is guilty of fraudulent handling of recordable writing which is a class B misdemeanor.

13-650-4. TAMPERING WITH RECORDS.

A.     Any person who, having no privilege to do so, knowingly falsifies, destroys, removes, or conceals any writing, other than the writings enumerated in section 13-650-3, or record, public or private, with intent to deceive or injure any person or to conceal any wrongdoings is guilty of tampering with records.

B.      Tampering with records is a class B misdemeanor.

13-650-5. ISSUING A BAD CHECK - PRESUMPTION.

A.     Any person who issues or passes a check or draft for the payment of money, for the purpose of obtaining from any person, firm, partnership, or corporation, any money, property, or other thing of value or paying for any services, wages, salary, labor, or rent, knowing it will not be paid by the drawee and payment is refused by the drawee, is guilty of issuing a bad check.

B.      For purposes of this subsection, a person who issues a check for which payment is refused by the drawee is presumed to know the check would not be paid if he had no account with the drawee at the time of issue.

C.      An offense of issuing a bad check shall be punished as a class B misdemeanor.

13-650-6. FRAUDULENT USE OF A CREDIT CARD - “CREDIT CARD” DEFINED.

Section 76-6-506 through 76-6-506.3 are hereby incorporated herein by reference.

13-650-7. DECEPTIVE BUSINESS PRACTICES - DEFINITIONS - DEFENSE.

A.     A person is guilty of a class B misdemeanor if, in the course of business, he:

1.       Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or

2.       Sells or offers or exposes for sale or delivers less than the represented quantity of any commodity or service; or

3.       Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or

4.       Sells or offers or exposes for sale adulterated or mislabeled commodities.

                                                             a.       "Adulterated" means varying from the standard of composition or quality prescribed, or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage.

                                                             b.       "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage; or

5.       Makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof for the purpose of promoting the purchase or sale of property or services.

6.       Offers, by advertising or other means of communication, to the public or a substantial number of persons, property, or services as part of the scheme or plan, with intent not to sell or provide the advertised property or service:

                                                             a.      At the price which he offered them; or

                                                             b.      In a quantity sufficient to meet the reasonably expected public demand, unless the quantity is specifically state in the advertisement; or

                                                             c.      At all.

B.      It is an affirmative defense to prosecution under this section that the defendant's conduct was not knowing and reckless.

13-650-8. BRIBERY OF OR RECEIVING BRIBE BY PERSON IN THE BUSINESS OF SELECTION, APPRAISAL, OR CRITICISM OF GOODS OR SERVICES.

A.     A person is guilty of a class B misdemeanor when, without the consent of the employer or principal, contrary to the interest of the employer or principal:

1.       He confers, offers, or agrees to confer upon the employee, agent, or fiduciary of an employer or principal any benefit with the purpose of influencing the conduct of the employee, agent, or fiduciary in relating to his employer’s or principal’s affairs; or

2.       He, as an employee, agent, or fiduciary of an employer or principal, solicits, accepts, or agrees to accept any benefit from another upon an agreement or understanding that such benefit will influence his conduct in relation to his employer’s or principal’s affairs; provided that this section does not apply to inducements made or accepted solely for the purpose fo causing a change in employment by an employee, agent or fiduciary.

B.      A person is guilty of violation of this section if he holds himself out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of goods or services and he solicits, accepts, or agrees to accept any benefit to influence his selection, appraisal, or criticism.

13-650-9 through 13-650-10.  RESERVED.

13-650-11. DEFRAUDING CREDITORS.

A person is guilty of a class B misdemeanor if:

A.     He destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with a purpose to hinder enforcement of that interest; or

B.      Knowing that proceedings have been or are about to be instituted for the appointment of a person entitled to administer property for the benefit of creditors, he:

1.       Destroys, removes, conceals, encumbers, transfers, or otherwise deals with any property with a purpose to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors; or

2.       Presents to any creditor or to any assignee for the benefit of creditors, orally or in writing, any statement relating to the debtor’s estate, knowing that material part of such statement is false.

13-650-12 through 13-650-14.  RESERVED.

13-650-15. USING OR MAKING SLUGS.

A.     A person is guilty of a class B misdemeanor if:

1.       With a purpose to defraud the supplier of property or a service offered or should by means of a coin machine, he inserts, deposits, or uses a slug in that machine; or

2.       He makes, possesses, or disposes of a slug with the purpose of enabling a person to use it fraudulently in a coin machine.

B.      As used in this section:

1.       "Coin machine" means any mechanical or electrical device or receptacle designed to receive a coin or bill of a certain denomination, or a token made for the purpose, and, in return for the insertion or deposit thereof, automatically to offer, provide, assist in providing or permit the acquisition of property or a public or private service.

2.       "Slug" means any object which, by virtue of its size, shape, or other quality, is capable of being inserted, deposited, or otherwise used in a coin machine or an improper substitute for a genuine coin, bill, or token.

13-650-16 through 13-650-17.  RESERVED.

13-650-18. CRIMINAL SIMULATION.

A.     A person is guilty of criminal simulation if, with intent to defraud another;

1.       He makes or alters an object in whole or in part so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have; or

2.       He sells, passes, or otherwise utters an object so made or altered; or

3.       He possesses an object so made or altered with intent to sell, pass, or otherwise utter it; or

4.       He authenticates or certifies an object so made or altered as genuine or as different from what it is.

B.      Criminal simulation is punishable as a class B misdemeanor.

13-650-19 through 13-650-20.  RESERVED.

13-650-21. FALSE OR FRAUDULENT INSURANCE CLAIM - PUNISHMENT AS FOR THEFT. 

Every person who presents, or causes to be presented, any false or fraudulent claim, or any proof in support of any such claim, upon any contract of insurance for the payment of any loss, or who prepares, makes or subscribes any account, certificate of survey, affidavit or proof of loss, or other book, paper or writing, with intent to present or use the same, or to allow it to be presented or used, in support of any such claim is punishable as in the manner prescribed for theft of property of like value.

CHAPTER

13-700. OFFENSES AGAINST THE FAMILY.

PART

13-710. MARITAL VIOLATIONS.

13-711 through 13-713.  RESERVED.

13-714. FORNICATION.

A.     Any unmarried person who shall voluntarily engage in sexual intercourse with another is guilty of fornication.

B.      Fornication is a class B misdemeanor.

CHAPTER

13-800. OFFENSES AGAINST GOVERNMENT.

PART

13-810. CORRUPT PRACTICES.

13-811. DEFINITIONS. 

For purposes of this chapter:

A.     "Public servant" means any officer or employee of the municipality, including judges, consultants, jurors, and persons otherwise performing a government function. A person is considered a public servant upon his election appointment, or other designation as such, although he may not yet officially occupy that position.

B.      "Party official" means any person holding any post in a political party whether by election, appointment, or otherwise.

C.      "Pecuniary benefit" means any advantage in the form of money, property, commercial interest, or anything else, the primary significance of which is economic gain; it does not include economic advantage applicable to the public generally, such as tax reduction or increase prosperity generally.

D.     A person is a candidate for electoral office upon his filing or being nominated as a candidate for any municipal office.

13-812. CAMPAIGN CONTRIBUTIONS NOT PROHIBITED. 

Nothing in this chapter shall be construed to prohibit the giving or receiving of campaign contributions made for the purpose of defraying the costs of a political campaign. No person shall be convicted of any offense solely on the evidence that a campaign contribution was made and that an appointment or nomination was subsequently made by the person to whose campaign or political party the contribution was made.

13-813. BRIBERY TO INFLUENCE OFFICIAL OR POLITICAL ACTIONS. 

A person is guilty of a class B misdemeanor if:

A.     He promises, offers, or gives any pecuniary benefit to another with the purpose of influencing the other's action, decision, opinion, recommendation, vote, nomination, or other exercise of discretion as a public servant, party official, or voter; or

B.      Being a public servant, party official, candidate for electoral office, or voter, he solicits, accepts, or agrees to accept any pecuniary benefit from another, knowing the other person's purpose is as describe above in paragraph A of this section.

13-814. THREATS TO INFLUENCE OFFICIAL OR POLITICAL ACTION.

A.     A person is guilty of a class B misdemeanor if he threatens any harm to a public servant, party official, or voter with a purpose of influencing his action, decision, opinion, recommendation, nomination, vote, or other exercise of discretion.

B.      "Harm", as used in this section, means any disadvantage or injury, pecuniary or otherwise, including disadvantage or injury to any other person or entity in whose welfare the public servant, party official, or voter is interested.

13-815. RECEIVING BRIBE OR BRIBERY BY PUBLIC SERVANT. 

A person is guilty of a class B misdemeanor if:

A.     Being a public servant, he solicits, accepts, or agrees to accept any pecuniary benefit in return for having given a decision, opinion, recommendation, nomination, vote, otherwise exercised in his discretion, or for having violated his duty; or

B.      He promises, offers, or gives any pecuniary benefit, acceptance of which would be a violation of paragraph A.

13-816. RECEIVING BRIBE OR BRIBERY FOR ENDORSEMENT OF PERSON AS PUBLIC SERVANT. 

A person is guilty of a class B misdemeanor if:

A.     He solicits, accepts, agrees to accept for himself, another person, or a political party, money or any other pecuniary benefit as compensation for his endorsement, nomination, appointment, approval, or disapproval of any person for a position as a public servant or for the advancement of any public servant; or

B.      He knowingly gives, offers, or promises any pecuniary benefit prohibited by paragraph A.

13-817. ALTERATION OF PROPOSED ORDINANCE OR RESOLUTION.

Every person who fraudulently alters the draft of any ordinance or resolution which has been presented to the governing body to be passed or adopted, with intent to procure it being passed or adopted by the governing body or signed by the mayor in language different from that intended by the governing body, is guilty of a class B misdemeanor.

13-818. ALTERATION OF ENGROSSED COPY OF ORDINANCE OR RESOLUTION.  

Every person who fraudulently alters any ordinance or resolution which has been passed or adopted by the governing body with intent to have it printed or published as part of the ordinances or resolutions of this municipality in language different from that in which it was passed or adopted by the governing body, is guilty of a class B misdemeanor.

13-819. FAILURE OF MEMBER OF GOVERNING BODY TO DISCLOSE INTEREST IN ORDINANCE OR RESOLUTION. 

Every member of the governing body who has a personal or private interest in the measure, ordinance or resolution proposed or pending before the governing body and does not disclose the fact to the governing body and votes thereon is guilty of a class B misdemeanor.

PART

13-820. ABUSE OF OFFICE.

13-821. OFFICIAL MISCONDUCT - UNAUTHORIZED ACTS OR FAILURE OF DUTY. 

A public servant is guilty of a class B misdemeanor if, with an intent to benefit himself or another or to harm another, he knowingly commits an unauthorized act which purports to be an act of his office, or knowingly refrains from performing a duty imposed on him by law or clearly inherent in the nature of his office.

13-822. OFFICIAL MISCONDUCT - UNLAWFUL ACTS BASED ON "INSIDE" INFORMATION. 

A public servant is guilty of a class B misdemeanor if, knowing that official action is contemplated or in reliance on information which he has acquired by virtue of his office or from another public servant which information has not been made public, he:

A.     Acquires or divests himself of a pecuniary interest in any property, transaction, or enterprise which may be affected by such action or information; or

B.      Speculates or waters on the basis of such action information; or

C.      Knowingly aids another to do any of the foregoing.

13-823. UNOFFICIAL MISCONDUCT.

A.     A person is guilty of unofficial misconduct if he exercises or attempts to exercise any of the functions of a public office when:

1.       He has not taken and filed the required oath of office; or

2.       He has failed to execute and file the required bond; or

3.       He has not been elected or appointed to office; or

4.       He exercises any of the functions of his office after his term has expired and the successor has been elected or appointed and has qualified, or after his office has been legally removed.

5.       He knowingly withholds or retains from his successor in office or other person entitled to the official seal or any records, papers, documents, or other writings appertaining or belonging to his office or mutilates or destroys or takes away the same.

B.      Unofficial misconduct is a class B misdemeanor.

PART

13-830. OBSTRUCTING GOVERNMENTAL OPERATIONS.

13-830-1. INTERFERENCE WITH PUBLIC SERVANT. 

A person is guilty of a class B misdemeanor if he uses force, violence, intimidation, or engages in any other unlawful act with a purpose to interfere with a public servant performing or purporting to perform an official function.

13-830-2. PICKETING OR PARADING IN OR NEAR COURT. 

A person is guilty of a class B misdemeanor if he pickets or parades in or near a building which houses a court of this municipality with intent to obstruct access to that court or to affect the outcome of a case pending before that court.

13-830-3. PREVENTION OF GOVERNING BODY OR PUBLIC SERVANT FROM MEETING OR ORGANIZING. 

A person is guilty of a class B misdemeanor if he intentionally and by force or fraud:

A.     Prevents the governing body of this municipality or any of the members thereof, from meeting or organizing; or

B.      Prevents any other public servant from meeting or organizing to perform a lawful governmental function.

13-830-4. DISTURBING GOVERNING BODY OR OFFICIAL MEETING.

A.     A person is guilty of a class B misdemeanor if:

1.       He intentionally disturbs the governing body while in session; or

2.       He intentionally commits any disorderly conduct in the immediate view and presence of the governing body of this municipality which tends to interrupt its proceedings or impair the respect of its authority; or

3.       Intentionally disturbs an official meeting or commits any disorderly conduct in immediate view and presence of participants in an official meeting which tends to interrupt its proceedings.

B.      "Official meeting," as used in this section, means any lawful meeting of municipality officials for the purposes of carrying on governmental functions.

13-830-5. INTERFERENCE IN ARREST BY LAW ENFORCEMENT OFFICIAL.

RESERVED.

13-830-6. OBSTRUCTING JUSTICE.

A.     A person is guilty of an offense if, with intent to hinder, prevent, or delay the discovery, apprehension, prosecution, conviction or punishment of another for the commission of a crime, he:

1.       Knowing an offense has been committed, conceals it from a magistrate; or

2.       Harbors or conceals the offender; or

3.       Provides the offender a weapon, transportation, disguise, or other means for avoiding discovery or apprehension; or

4.       Warns such offender of impending discovery of apprehension; or

5.       Conceals, destroys, or alters any physical evidence that might aid in the discovery, apprehension, or conviction of such person; or

6.       Obstructs by force, intimidation, or deception anyone from performing an act which might aid in the discovery, apprehension, prosecution or conviction of such person.

B.      An offense under this section is a class B misdemeanor.

13-830-7. FAILURE TO AID PEACE OFFICER. 

A person is guilty of a class B misdemeanor if, upon command by a peace officer identifiable or identified by him as such, he unreasonably fails or refuses to aid the peace officer in effecting an arrest or in preventing the commission of any offense by another person.

13-830-8. ACCEPTANCE OF BRIBE OR BRIBERY TO PREVENT CRIMINAL PROSECUTION - DEFENSE.

A.     A person is guilty of a class B misdemeanor if he:

1.       Solicits, accepts, or agrees to accept any benefit as consideration for his refraining from initiating or aiding in a criminal prosecution; or

2.       Confers, offers, or agrees to confer any benefit upon another as consideration for the person refraining from initiating or aiding in a criminal prosecution.

B.      It is an affirmative defense that the value of the benefit did not exceed an amount which the actor believed to be due as restitution or indemnification for the loss caused or to be caused by the offense.

13-830-9. ESCAPE - TERM FOR ESCAPE FROM MUNICIPAL JAIL. 

A.     A person is guilty of a class B misdemeanor if he escapes from official custody.

B.      "Official custody," for the purpose of this section, means arrest, custody in the municipal jail, or any other institution for confinement to which an offender has been confined pursuant to an order of the municipal court. For purposes of this section a person is deemed to be confined in the municipal jail if he has been sentenced and committed and the sentence has not been terminated or voided or the prisoner is not on parole.

C.      The term imposed upon a person escaping confinement in the municipal jail shall commence from the time the actor would otherwise have been discharged from the jail on the term or terms which he was serving.

13-830-10 and 13-830-11.  RESERVED.

13-830-12. BAIL - JUMPING.

A.     A person is guilty of an offense when having been released on bail or on his own recognizance by court order or by other lawful authority upon condition that he subsequently appear personally upon a charge of an offense, he fails without just cause to appear at the time and place which have been lawfully designated for his appearance.

B.      Bail-jumping is an infraction.

PART

13-840. OFFENSE AGAINST PUBLIC PROPERTY.

13-840-1. "PUBLIC MONEYS" DEFINED. 

As used in this part, "public moneys" includes all bonds and evidences of indebtedness and all money belonging to the municipality and all money, bonds, and evidences of indebtedness received or held by municipality officials in their official capacity.

13-840-2. MISUSING PUBLIC MONEYS.

A.     Every officer of this municipality and every other person charged with the receipt, safekeeping, transfer or disbursement of moneys of this municipality commits an offense if he:

1.       Without authority of law appropriates the money or any portion thereof to his own us, or to the use of another; or

2.       Loans the money or any portion thereof without authority of law; or

3.       Fails to keep the money in his possession until disbursed or paid out by authority of law; or

4.       Unlawfully deposits the money or any portion in any bank or with any other person; or

5.       Knowingly keeps any false account, or makes any false entry or erasure in any account of or relating to the money; or

6.       Fraudulently alters, falsifies, conceals, destroys, or obliterates any such account; or

7.       Willfully refuses or omits to pay over, on demand, any public moneys in his hands, upon the presentation of a draft, order, or warrant drawn upon such money by competent authority; or

8.       Willfully omits to transfer the money when the transfer is         required by law; or

9.       Willfully omits or refuses to pay over, to any officer or person authorized by law to receive it, any money received by him under any duty imposed by law so to pay over the same.

B.      A violation of this section is a class B misdemeanor.

13-840-3. FAILURE TO KEEP AND PAY OVER PUBLIC MONEYS. 

Every officer charged with the receipt, safekeeping, or disbursement of public moneys who neglects or fails to keep and pay over the money, in the manner prescribed by law, is guilty of a class B misdemeanor.

13-840-4. MAKING PROFIT OUT OF, OR MISUSING PUBLIC MONEYS. 

Any public officer who shall make a profit out of public moneys, or shall use the same for a purpose not authorized by law, is guilty of a class B misdemeanor.

13-840-5. FAILURE TO PAY OVER FINE, FORFEITURE OR FEE. 

Every public officer who receives any fine, forfeiture, or fee and refuses or neglects to pay it over within the time prescribed by law is guilty of a class B misdemeanor.

13-840-6. OBSTRUCTING COLLECTION OF REVENUE. 

Every person who willfully obstructs or hinders any public officer from collecting any revenue, taxes, or other sums of money in which the people of this municipality have an interest and which such officer is by law empowered to collect, is guilty of a class B misdemeanor.

13-840-7. REFUSING TO GIVE TAX ASSESSMENT INFORMATION OR GIVING FALSE INFORMATION. 

Every person who unlawfully refuses, upon demand, to give any county assessor or deputy county assessor or the municipality assessor a list of his property subject to taxation, or to swear to such list, or who gives a false name, or fraudulently refuses to give his true name when demanded by the assessor in the discharge of his official duties, is guilty of a class B misdemeanor.

13-840-8. GIVING FALSE TAX RECEIPT OR FAILING TO GIVE RECEIPT. 

Every person who uses or gives any receipt, except that prescribed by the ordinances, resolutions or rules of this municipality, as evidence of the payment for the tax or license of any kind, or who receives payment for the tax or license without delivery the receipt prescribed, is guilty of a class B misdemeanor.

13-840-9. REFUSING TO GIVE TAX ASSESSOR OR TAX OR LICENSE COLLECTOR A LIST OF, OR DENYING ACCESS TO EMPLOYEES. 

Every person who, when requested by the assessor or collector of taxes or license fees, refuses to give to any assessor or collector the name and residence of each man in his employ, or to give the assessor or collector access to the building or place where such men are employed, is guilty of a class B misdemeanor.

13-840-10. DOING BUSINESS WITHOUT LICENSE. 

Every person who commences or carries on any business, trade, profession, or calling, for the transaction or carrying on of which a license is required by any ordinance of this municipality, without taking out the license required is guilty of a class B misdemeanor.

13-840-11. TRAFFICKING IN WARRANTS. 

No officer of this municipality shall, either directly or indirectly, contract for or purchase any warrant or order issued by this municipality at any discount whatever upon the sum due on the warrant or order, and if any officer of this municipality shall so contract for or purchase any such order or warrant on a discount, he is guilty of a class B misdemeanor.

13-840-12. STEALING, DESTROYING OR MUTILATING PUBLIC RECORDS BY CUSTODIAN. 

Every officer having the custody of any record, map, or book, or any paper or proceedings of any court, filed or deposited in any public office, or placed in his hands for any purpose, who is guilty of stealing, willfully destroying, mutilation, defacing, altering, falsifying, removing, or secreting the whole or any part thereof, or who permits any other person so to do, is guilty of a class B misdemeanor.

13-840-13. STEALING, DESTROYING OR MUTILATING PUBLIC RECORDS BY ONE NOT THE CUSTODIAN. 

Every person, not an officer such as is referred to in the preceding section, who has committed any of the acts specified in that section is guilty of a class B misdemeanor.

13-840-14. RECORDING FALSE OR FORGED INSTRUMENTS. 

Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any office of this municipality, which instrument, if genuine, might be filed or registered or recorded under any law or ordinance of this state or municipality or of the United States, is guilty of a class B misdemeanor.

13-840-15. INJURING OR REMOVING MONUMENTS OF OFFICIAL SURVEYS. 

Every person who willfully injures, defaces, or removes any signal, monument, building, or appurtenance thereto, placed, erected or used by persons engaged in the United States or state survey or survey of this municipality is guilty of a class B misdemeanor.

13-840-16. TAKING TOLL OR MAINTAINING ROAD, BRIDGE, OR FERRY WITHOUT AUTHORITY - REFUSAL TO PAY LAWFUL TOLL. 

Any person who demands or receives compensation for the use of any bridge or ferry, or who sets up or keeps any road, bridge, or ferry, or constructed ford, for the purpose of receiving remuneration for its use without authority of law; and any person who refuses to pay on demand the compensation or fee authorized to be collected for use of a licensed toll road, bridge, ferry, or constructed ford after having used it is guilty of a class B misdemeanor.

13-840-17. TAMPERING WITH OFFICIAL NOTICE OR PROCLAMATION. 

Every person who intentionally defaces, obliterates, tears down or destroys any copy or transcript or extract from or of any law of the United States or state of Utah, or this municipality, or any proclamation, advertisement, notice, resolution or ordinance, set up at any place in this municipality by authority of any law of the United States or of the state of Utah or of this municipality, or by order of any court or of any public officer, before the expiration of the time for which the same was to remain, is guilty of an infraction.

13-840-18. INJURING JAILS. 

Every person who willfully and intentionally breaks down, pulls down, or otherwise destroys or injures any public jail or other place of confinement, is guilty of a class B misdemeanor.

13-840-19. INJURING HIGHWAYS OR BRIDGES. 

Every person who maliciously digs up, removes, displaces, breaks, or otherwise injures or destroys any public highway, or any private way laid out by authority of law, or any bridge upon such highway or private way, is guilty of a class B misdemeanor.

13-840-20. REMOVING OR INJURING ROAD SIGNS. 

Every person who maliciously removes or injures any milepost, milestone or guidepost or any inscription on them, erected upon any highway, street, road or alley is guilty of a class B misdemeanor.

PART

13-850. FALSIFICATION IN OFFICIAL MATTERS.

13-850-1. DEFINITIONS. 

For the purposes of this part:

A.     Official proceeding" means any proceeding before the governing body, court or administrative body of this municipality authorized by any state or ordinance of the governing body to take evidence under oath or affirmation, including a notary or other person taking evidence in connection with any of these proceedings.

B.      "Material" means capable of affecting the course or outcome of the proceeding. A statement is not material if it is retracted in the course of the official proceeding in which it was made before it became manifest that the falsification was or would be exposed and before it substantially affected the proceeding. Whether a statement is material is a question of law to be determined by the court.

13-850-2. FALSE OR INCONSISTENT MATERIAL STATEMENTS. 

A person is guilty of a class B misdemeanor if in any official proceeding of any proceeding conducted by this municipality or pursuant to its ordinances:

A.     He makes a false material statement under oath or affirmation or swears or affirms the truth of a material statement previously made and he does not believe the statement to be true; or

B.      He makes inconsistent material statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by him to be true. In a prosecution under this section, it need not be alleged or proved which of the statements is false but only that one or the other was false and not believed by the defendant to be true.

13-850-3. FALSE OR INCONSISTENT STATEMENTS. 

In any proceeding conducted by this municipality or pursuant to its ordinances a person is guilty of a class B misdemeanor if:

A.     He makes a false statement under oath or affirmation or swears or affirms the truth of the statement previously made and he does not believe the statement to be true if:

1.       The falsification occurs in an official proceeding, or is made with a purpose to mislead a public servant in performing his official functions; or

2.       The statement is one which is required by law to be sworn or affirmed before a notary or other person authorized to administer oaths; or

B.      He makes inconsistent statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by him to be true. In a prosecution under this section, it need not be alleged or proved which of the statements is false but only that one or the other was false and not believed by the defendant to be true.

C.      No person shall be guilty under this section if he retracts the falsification before it becomes manifest that the falsification was or would be exposed.

13-850-4. WRITTEN FALSE STATEMENT. 

A person is guilty of a class B misdemeanor if:

A.     He makes a written false statement which he does not believe to be true on or pursuant to a form bearing a notification authorized by law to the effect that false statements made therein are punishable; or

B.      With intent to deceive a public servant in the performance of his official function, he:

1.       Makes any written false statement which he does not believe to be true; or

2.       Knowingly creates a false impression in a written application or any pecuniary or other benefit by omitting information necessary to prevent statements therein from being misleading; or

3.       Submits or invites reliance on any sample, specimen, map, boundary mark, or other object which he knows to be false.

C.      No person shall be guilty under this section if he retracts the falsification before it becomes manifest that the falsification was or would be exposed.

13-850-5. PERJURY OR FALSE SWEARING - PROOF OF FALSITY OF STATEMENTS - DENIAL OF CRIMINAL GUILTY.

A.     On any prosecution for perjury or false swearing, except a prosecution upon inconsistent statements pursuant to 13-850-2(b) falsity of a statement may not be established solely through contradiction by the testimony of a single witness.

B.      No prosecution shall be brought under this part when the substance of the defendant's false statement is his denial of guilt in a previous criminal trial.

13-850-6. FALSE REPORTS OF OFFENSES TO LAW ENFORCEMENT OFFICER. 

A person is guilty of a class B misdemeanor if he:

A.     Knowingly gives or causes to be given false information to any law enforcement officer with the purpose of inducing the officer to believe that another has committed an offense; or

B.      Knowingly gives or causes to be given information to any law enforcement officer concerning the commission of an offense, knowing that the offense did not occur or knowing that he has no information relating to the offense or danger.

13-850-7. FALSE NAME OR ADDRESS TO LAW ENFORCEMENT OFFICER. 

A person commits a class C misdemeanor if, with intent to mislead a peace officer as to identity, birth date, or place of residence, he knowingly gives a false name, birth date, or address to a peace officer in the lawful discharge of his duties.

13-850-8. TAMPERING WITH WITNESS - RETALIATION AGAINST WITNESS OR INFORMANT - BRIBERY. 

A person is guilty of a class B misdemeanor if:

A.     Believing that an official proceeding or investigation is pending or about to be instituted, he attempts to induce or otherwise cause a person to:

1.       Testify or inform falsely; or

2.       Withhold any testimony, information, document or thing; or

3.       Elude legal process summoning him to provide evidence; or

4.       Absent himself from any proceeding or investigation to which he has been summoned; or

B.      He commits any unlawful act in retaliation for anything done by another in his Capa municipality as a witness or informant; or

C.      He solicits, accepts, or agrees to accept any benefit in consideration of his doing any of the things specified in paragraph A.

13-850-9. EXTORTION OR BRIBERY TO DISMISS CRIMINAL PROCEEDING. 

A.     A person is guilty of a class B misdemeanor if by the use of force or by any threat which would constitute a means of committing the crime of theft by extortion under this title, if the threat were employed to obtain property, or by promise of any reward or pecuniary benefits, he attempts to induce an alleged victim of a crime to secure the dismissal of or to prevent the filing of a criminal complaint or summons.

B.      "Victim," as used in this section, includes a child or other person under the care or custody of a parent or guardian.

13-850-10. TAMPERING WITH EVIDENCE. 

A person commits a class B misdemeanor if, believing that an official proceeding or investigation is pending or about to be instituted by the municipality, he:

A.     Alters, destroys, cancels, or removes anything with a purpose to impair its verity or availability in the proceeding or investigation; or

B.      Makes, presents or uses anything which he knows to be false with a purpose to deceive a public servant who is or may be engaged in a proceeding or investigation.

13-850-11. FALSIFICATION OR ALTERATION OF GOVERNMENT RECORD. 

A person is guilty of a class B misdemeanor if he:

A.     Knowingly makes a false entry in or false alteration of anything belonging to, received, or kept by this municipality for information or record, or required by law to be kept for information of this municipality; or

B.      Presents or uses anything knowing it to be false and with a purpose that it be taken as a genuine part of information or records referred to in 1; or

C.      Intentionally and unlawfully destroys, conceals or otherwise impairs the verity or availability of any such thing.

13-850-12. IMPERSONATION OF OFFICER. 

A person is guilty of a class B misdemeanor if he impersonates a public servant or a peace officer of this municipality with intent to deceive another or with intent to induce another to submit to his pretended official authority or to rely upon his pretended official act.

13-850-13. FALSE JUDICIAL OR OFFICIAL NOTICE. 

A person is guilty of a class B misdemeanor who, with a purpose to procure the compliance of another with a request made by the person, knowingly sends, mails, or delivers to the person a notice or other writing which has no judicial or other sanction but which in its format or appearance simulates a summons, complaint, court order, or process, or an insignia, seal, or printed form of any official of this municipality, or is otherwise calculated to induce a belief that it does have a judicial or other official sanction.

13-850-14. RESERVED.

PART

13-860. ABUSE OF PROCESS.

13-861. WRONGFUL COMMENCEMENT OF ACTION IN JUSTICES' COURT. 

Any party to any suit or proceeding, and any attorney or agent for the party, who knowingly commences, prosecutes, or maintains any action, suit, or proceeding in the court of this municipality, other than as provided in section 78-5-8 is guilty of a class B misdemeanor.

13-862. ASSUMING LIABILITY FOR CONFERRING JURISDICTION UPON JUSTICE. 

Any person who binds himself, or voluntarily becomes liable jointly or jointly and severally with any other person, for the purpose of conferring jurisdiction of any cause upon the court of this municipality which otherwise would be without jurisdiction except for the liability of the joint obligor, and any person who induces a person to assume the liability for the purpose of conferring jurisdiction upon the court, is guilty of a class B misdemeanor.

13-863. WRONGFUL ATTACHMENT BY JUSTICE - LIABILITY. 

It is unlawful for the justice of the peace of this municipality to issue any writ of attachment, and for any party, agent or attorney of the party, to advise, induce, or procure the issuance thereof, in any action, suit, or proceeding before the affidavit therefore is filed, or where the affidavit filed therefore does not conform substantially with the requirements of Rule 64C of the Utah Rules of Civil Procedure. Any person violating any of the provisions of this section is guilty of a class B misdemeanor.

PART

13-870. RESERVED.

PART

13-880. SABOTAGE PREVENTION.

13-881. DEFINITIONS. 

For the purpose of this part:

A.     "Highway: includes any private or public street, way or other place used to travel to or from property within this municipality.

B.      "Public utility" includes any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, railway, railroad, airplane, transportation communications or other system by whomsoever owned or operated for public use.

13-882. POSTING OF SIGNS AT WAR OR DEFENSE FACILITIES - ENTERING POSTED PREMISES WITHOUT PERMISSION.

A.     Any individual, partnership, association, corporation or political subdivision of the State of Utah engaged in, or preparing to engage in, the manufacture, transportation or storage of any product to be used in the preparation of the United States or of any of the states for defense or for war or in the prosecution of war by the United States, or the manufacture, transportation, distribution or storage of gas, oil, coal, electro municipality or water, or any natural or artificial persons operating any public utility, whose property, except where it fronts on water or where there are entrances for railway cars, vehicle, person, or things is surrounded by a fence or wall, or a fence or wall and buildings, may post around his or its property at each gate, entrance, dock, or railway entrance and every one hundred feet of water front a sign reading "No Entry Without Permission." The sign shall also designate a point of entrance or place where application may be made for permission to enter, and permission shall not be denied to any loyal citizen who has a valid right to enter.

B.      An person willfully entering property enumerated in A, without permission of the owner, shall be guilty of a Class C misdemeanor.

13-883. CLOSING OR RESTRICTING USE OF HIGHWAYS ABUTTING DEFENSE OR WAR FACILITIES - POSTING OF NOTICES.

A.     Any individual partnership, association, corporation, or any political subdivision of the state engaged in or preparing to engage in the manufacture, transportation or storage of any product to be used in the preparation of the United States or any of the states for defense or for war or in the prosecution of war by the United States, or in the manufacture, transportation, distribution or storage of gas, oil, coal, electro municipality or water, or any of natural or artificial persons operating any public utility who has property so used which he or it believes will be endangered if public use and travel is not restricted or prohibited on one or more highways or parts thereof upon which the property abuts, may petition the governing body of this municipality to close one or more of the highways or parts thereof to public use and travel or to restrict by order the use and travel upon one or more of the highways or parts thereof. Upon receipt of the petition, the governing body shall by resolution set a date for hearing and give notice thereof by publication in a newspaper having general circulation in this municipality, which publication shall be made at least seven days prior to the date set for hearing. If, after hearing, the governing body determines that the public safety and the safety of the property of the petitioner so require, they shall by suitable order close to public use and travel or reasonably restrict the use and travel upon one or more of the highways or parts thereof; provided the governing body may issue written permits to travel over the highway so closed or restricted to responsible and reputable persons for a term, under conditions and in a form as the governing body may prescribe. Appropriate notices in letters at least three inches high shall be posted conspicuously at each end of any highway so closed or restrict by an order. The governing body may at any time revoke or modify any order so made.

B.      Any person who violates any order made under this section shall be guilty of a class C misdemeanor.

13-884. BARGAINING RIGHTS OF EMPLOYEES NOT IMPAIRED BY SABOTAGE PREVENTION LAWS.

Nothing in this part shall be construed to impair, curtail, or destroy the rights of employees and their representatives to self-organize, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection as provided by state or federal laws.

PART

13-890. RESERVED.

CHAPTER

13-900. OFFENSES AGAINST PUBLIC ORDER AND DECENCY.

PART

13-910. BREACHES OF THE PEACE AND RELATED OFFENSES.

13-911. RIOT.

A.     A person is guilty of riot if:

1.       Simultaneously with two or more other persons he engages in tumultuous or violent conduct and thereby knowingly or recklessly creates a substantial risk of causing public alarm; or

2.       He assembles with two or more other persons with the purpose of engaging, soon thereafter, in tumultuous or violent conduct, knowing that two or more persons in the assembly have the same purpose; or

3.       He assembles with two or more other persons with the purpose of committing an offense against a person or property of another who he supposes to be guilty of a violation of law, believing that two or more in the assembly have the same purpose.

B.      Any person who refuses to comply with a lawful order to withdraw given to him immediately prior to, during, or immediately following a violation of paragraph A is guilty of riot. It is no defense to a prosecution under this paragraph that withdrawal must take place over private property; provided, however, that no person so withdrawing shall incur criminal or civil liability by virtue of acts reasonably necessary to accomplish the withdrawal.

C.      Riot is a class B misdemeanor.

13-912. DISORDERLY CONDUCT.

A.     A person is guilty of disorderly conduct if:

1.       He refuses to comply with the lawful order of the police to move from a public place or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or

2.       Intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof:

                                                             a.      He engages in fighting or in violent, tumultuous, or threatening behavior; or

                                                             b.      He makes unreasonable noises in a public place; or 

                                                             c.      He makes unreasonable noises in a private place which can be heard in a public place; or

                                                             d.      He engages in abusive or obscene language or makes obscene gestures in a public place; or

                                                             e.      He obstructs vehicular or pedestrian traffic.

B.      "Public place," for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

C.      Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise, it is an infraction.

13-913. DISRUPTING A MEETING OR PROCESSIONS.

A.     A person is guilty of disrupting a meeting or procession if, intending to prevent or disrupt a lawful meeting, procession or gathering, he obstructs or interferes with the meeting, procession, or gathering by physical action, verbal utterance, or any other means.

B.      Disrupting a meeting or procession is a class B misdemeanor.

13-914. FAILURE TO DISPERSE.

A.     A person is guilty of failure to disperse when he remains at the scene of a riot, disorderly conduct, or an unlawful assembly after having been ordered to disperse by a peace officer.

B.      This section shall not apply to a person who attempted to but was unable to leave the scene of the riot or unlawful assembly.

C.      Failure to disperse is a class C misdemeanor.

13-915. GIVING A FALSE ALARM.

A.     A person is guilty of giving a false alarm if he initiates or circulates a report or warning of any fire, impending bombing, or other crime or catastrophe, knowing that the report or warning is false or baseless and is likely to cause evacuation of any building, place of assembly, or facility of public transport, to cause public inconvenience or alarm or action of any sort by any official or volunteer agency organized to deal with emergencies.

B.      Giving a false alarm is a class B misdemeanor.

PART

13-920. TELEPHONE ABUSE.

13-921. TELEPHONE HARASSMENT.

A.     A person is guilty of telephone harassment and subject to prosecution if, with intent to annoy or alarm another, he:

1.       Makes a telephone call, whether or not a conversation ensues, without purpose of lawful communication; or

2.       Makes repeated telephone calls at extremely inconvenient hours or in offensively coarse language; or

3.       Insults, taunts, or challenges another in a manner likely to provoke a violent or disorderly response.

B.      Telephone harassment is a class B misdemeanor.

13-922. EMERGENCY TELEPHONE ABUSE.

A.     A person is guilty of emergency telephone abuse if he:

1.       Intentionally refuses to yield or surrender the use of a party line or public pay telephone to another person upon being informed that the telephone is needed to report a fire or summon police, medical, or other aid in case of emergency, unless the telephone is likewise being used for an emergency call; or

2.       Asks for or requests the use of a party line or a public pay telephone on the pretext that an emergency exists, knowing that no emergency exists.

B.      Emergency telephone abuse is a class C misdemeanor.

C.      For the purposes of this section (1) "party line" means a subscriber's line or telephone circuit consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number.

D.     "Emergency" means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential to the preservation of human life or property.

PART

13-930. CRUELTY TO ANIMALS.

13-931. CRUELTY TO ANIMALS.

A.     A person commits cruelty to animals if he intentionally or knowingly:

1.       Tortures or seriously overworks an animal; or

2.       Fails to provide necessary food, care, or shelter for an animal in his custody; or

3.       Abandons an animal in his custody; or

4.       Transports or confines an animal in a cruel manner; or

5.       Kills, injures or administers poison to an animal without legal privilege; or

6.       Causes one animal to fight with another.

B.      It is a defense to the prosecution under this section that the conduct of the actor towards the animal was by a licensed veterinarian using accepted veterinary practice or directly related to a Bonafide experimentation for scientific research not be unnecessarily cruel unless directly necessary to the veterinary purpose or scientific research involved.

C.      Cruelty to animals is a class B misdemeanor.

13-931.5. SPECTATOR AT ORGANIZED ANIMAL FIGHT.

A.     It is unlawful for any person to be a spectator at an organized animal fight.

B.      For the purposes of this section only, an organized animal fight means a fight between animals for the benefit of spectators. There is no requirement than an admission fee be charged.

C.      Cruelty to animals is a class B misdemeanor.

13-932 and 13-933.  RESERVED.

13-934. ALLOWING VICIOUS ANIMAL TO GO AT LARGE. 

Any owner of a vicious animal, knowing its propensities, who willfully allows it to go at large or who keeps it without ordinary care, and any animal, while at large or while not kept with ordinary care, causes injury to another animal or to any human being who has taken reasonable precaution which the circumstance permitted is guilty of a class B misdemeanor.

13-935. OFFICERS' AUTHORITY TO TAKE POSSESSION OF ANIMALS - LIEN FOR CARE. 

Section 76-9-305, Utah Code Annotated 1953, is incorporated herein by reference.

PART

13-940. OFFENSES AGAINST PRIVACY.

13-941. DEFINITIONS. 

For purposes of this part:

A.     "Private place" means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance.

B.      "Eavesdrop" means to overhear, record, amplify, or transmit any part of a wire or oral communication of others without the consent of at least one party thereto by means of any electronic, mechanical or other device.

C.      "Public" includes any professional or social group of which the victim of a defamation is a member.

13-942. PRIVACY VIOLATION. 

A.     A person is guilty of privacy violation if, except as authorized by law, he;

1.       Trespasses on property with intent to subject anyone to eavesdropping or other surveillance in a private place; or

2.       Installs in any private place, without the consent of the person or persons entitled to privacy there, any device for observing photographic, recording, amplifying, or broadcasting sounds or events in the place or uses any such unauthorized installation; or

3.       Installs or uses outside of a private place any device for hearing, recording, amplifying, or broadcasting sounds originating in the place which would not ordinarily be audible or comprehensible outside, without the consent of the person or persons entitled to privacy there.

B.      Privacy violation is a class B misdemeanor.

13-943. COMMUNICATION ABUSE.

A.     A person commits communication abuse if, except as authorized by law, he:

1.       Intercepts, without the consent of the sender or receiver, a message by telephone, telegraph, letter, or other means of communicating privately; this paragraph does not extend to:

                                                             a.      Overhearing messages through regularly installed instrument on a telephone party line or on an extension; or

                                                             b.      Interception by the telephone company or subscriber incident to enforcement of regulations limiting use of facilities or to other normal operation and use; or

2.       Divulges without consent of the sender or receiver the existence or contents of any such message if the actor knows that the message was illegally intercepted or if he learned of the message in the course of employment with an agency engaged in transmitting it.

B.      Communication abuse is a class B misdemeanor.

13-944. CRIMINAL DEFAMATION.

A.     A person is guilty of criminal defamation if he knowingly communicates to any person orally or in writing any information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt, or ridicule.

B.      Criminal defamation is a class B misdemeanor.

13-945. ABUSE OF PERSONAL IDENTITY.

A.     A person is guilty of abuse of personal identity if, for the purpose of avertising any articles of merchandise for purposes of trade or for any other advertising purposes, he uses the name, picture, or portrait of any individual or uses the name or picture of any public institution of this state, the official title of any public officer of this state, or of any person who is living, without first having obtained the written consent of the person or, if the person be a minor, the written consent of his parent or guardian, or, if the person is dead, without the written consent of his heirs or personal representatives.

B.      Abuse of personal identity is a class B misdemeanor.

PART

13-950. LIBEL AND SLANDER.

13-951. CONVEYING FALSE OR LIBELOUS MATERIAL TO NEWSPAPER OR BROADCASTING STATIONS. 

Any person who willfully states, conveys, delivers, or transmits, by any means whatsoever, to the manager, editor, publisher, reporter, or agent of any radio station, television station, newspaper, magazine, periodical, or serial for publication therein, any false or libelous statement concerning any person and thereby secures actual publication of the same, is guilty of a class B misdemeanor.

PART

13-960. OFFENSES AGAINST THE FLAG.

13-961. ABUSE OF A FLAG.

A.     A person is guilty of abuse of a flag if he:

1.       Intentionally places any unauthorized inscription or other things upon any flag of the United States or of any state of the United States; or

2.       Knowingly exhibits any such flag, knowing the inscription or other thing to be unauthorized.

3.       For purposes of advertising a product or service for sale or for distribution, affixes a representation of the flag of the United States or of a state of the United States to the product or on any display whereon the product or service is advertised.

4.       Knowingly casts contempt upon the flag of the United States or of any state of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it.

B.      Abuse of a flag is a class B misdemeanor.

PART

13-970. MISCELLANEOUS PROVISIONS.

13-971. INTOXICATION - RELEASE OF ARRESTED PERSON.

A.     A person is guilty of intoxication if he is under the influence of intoxicating liquor, a controlled substance, or any substance having the property of pleasing toxic vapors, to a degree that the person may endanger himself or another, in a public place or in a private place where he unreasonably disturbs other persons.

B.      A peace officer or magistrate may release from custody an individual arrested under this section if he believes imprisonment is unnecessary for the protection of the individual or another; or a peace officer may take the arrested person to a detoxification center or other special facility as an alternative to incarceration or release from custody.

C.      An offense under this section is a class C misdemeanor.

13-972. LEWDNESS.

A.     A person is guilty of lewdness if he fornicates, exposes his genitals or private parts, or performs any other act of gross lewdness under circumstances which he should know will likely cause affront or alarm or does any such act in a public place.

B.      Lewdness is a class B misdemeanor.

13-973. LOITERING.

A.     A person is guilty of loitering if he appears at a place or at a time under circumstances that warrant alarm for the safety of persons or property in the vicinity, and upon inquiry by a law enforcement official, he fails to give a reasonably credible account of his identity, conduct, or purposes.

B.      No person shall be convicted under this section if the explanation he gave of his conduct and purposes was true and, if believed by the law enforcement official at the time, would have dispelled the alarm.

C.      Loitering is a class C misdemeanor.

13-974. ABUSE OF A CORPSE.

A.     A person is guilty of abuse of a corpse if he intentionally and unlawfully:

1.       Removes, conceals, dissects, or destroys a corpse or any part thereof; or

2.       Disinters a corpse that has been buried or otherwise interred.

B.      An offense under this section is a class B misdemeanor.

CHAPTER

13-1000. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, WELFARE AND MORALS.

PART

13-1010. CIGARETTES AND TOBACCO AND PSYCHOTOXIC CHEMICAL SOLVENTS.

For the purposes of this part:

13-1011. "PLACE OF BUSINESS" AND "ENCLOSED PUBLIC PLACE" DEFINED. 

For the purposes of this part:

A.     "Place of business" means any and all such places as shops, stores, factories, public garages, offices, theaters, recreation and dance halls, poolrooms, cafes, cabarets, restaurants, hotels, lodging houses, streetcars, buses, interurban and railway passenger coaches and waiting rooms.

B.      "Enclosed public place" means the dining rooms in hotels, restaurants, cafes and cafeterias, theaters, arenas, passenger elevators, streetcars, buses, interurban and railway passenger coaches, motor and other passenger vehicles used by common carriers, railway station waiting rooms, and state, county and municipality buildings; but the owner or proprietor of any hotel dining room, restaurant, cafe, or cafeteria may designate the same as a public smoking room by a conspicuous sign at or near the entrance, and in any state, county, or municipality building any public officer who has a private office separate and apart from his public office may, if he so  desires, designate the private office as a place where smoking may be permitted, and, so long as the private office is so designated, smoking therein shall not be considered in violation of this section.

13-1012. CIGARETTES AND TOBACCO - ADVERTISING RESTRICTIONS. 

It is a class B misdemeanor for any person to display on any billboard, streetcar sign, streetcar, bus, placard, or on any other object or place of display, any advertisement of cigarettes, cigarette papers, cigars, chewing tobacco, or smoking tobacco or any disguise or substitute of either, except that a dealer in cigarettes, cigarette papers, tobacco or cigars, or their substitutes, may have a sign on the front of his place of business stating that he is a dealer in the articles; provided that nothing herein shall be construed to prohibit the advertising of cigarettes, cigarette papers, chewing tobacco or smoking tobacco, or any substitute of either, in any newspaper, magazine or periodical printed or circulating in this municipality.

13-1013. PERMITTING MINORS TO USE TOBACCO IN PLACE OF BUSINESS. 

It is a class C misdemeanor for the proprietor of any place of business to knowingly permit persons under age nineteen to frequent a place of business while they are using tobacco.

13-1014. FURNISHING CIGARS, CIGARETTES OR TOBACCO TO MINORS. 

Any person who sells, gives or furnishes any cigars, cigarette or tobacco in any form, to any person under nineteen years of age, is guilty of a class C misdemeanor.

13-1015. BUYING OR POSSESSING CIGARS, CIGARETTES OR TOBACCO BY MINORS. 

Any person under the age of nineteen years who buys, accepts, or who has in his possession any cigar, cigarette or tobacco in any form is guilty of a class C misdemeanor, or may be classified as a delinquent child and referred to the juvenile courts.

13-1016. USE OF CIGARS, CIGARETTES OR TOBACCO IN ENCLOSED PUBLIC PLACE. 

Section 26-38-1, Utah Code Annotated, is incorporated herein by reference.

13-1016.1. TOBACCO PRODUCTS, ALL FORMS OF SMOKING IS PROHIBITED IN TOWN PARKS, RECREATIONAL AREAS AND CEMETERIES.

A.     Prohibitions. Use of tobacco products, all forms of smoking are hereby prohibited in town parks and also within twenty-five (25) feet of any public buildings. No person shall use any form of tobacco, at or on the premises of the Parks. This policy applies to all participants, spectators, employees, and contractors. Those signing a facility use agreement must abide by the tobacco-free policy.

1.       Definitions.

2.       Park refers to the park, and all property connected with these facilities including: playgrounds, sporting areas, gathering places, concession stands, sidewalks, walking paths, and within twenty-five (25) feet of the park and town owned cemetery.

3.       Tobacco Products refers to any form of lighted or heated tobacco including but not limited to cigarettes, cigars, pipes, cigarillos, hookah, as well as any form of “dry” or “canned” tobacco including various forms of chewing tobacco, snus and snuff. Additionally, alternative tobacco products such as dissolvable tobacco, electronic nicotine delivery systems (e-cigarettes), mods) or any alternative nicotine delivery system.

4.       “Smoke” or “smoking” means and includes: possession, carrying, or holding a lighted pipe, cigar, or cigarette of any kind, or other lighted smoking equipment, or the lighting or emitting or exhaling of smoke of a cigar, or cigarette of any kind, or of any other lighted or heated smoking equipment.

B.      Enforcement. The emphasis on enforcing this Tobacco-Free Policy is through voluntary compliance. However, any person refusing to comply may be asked to leave the facility. A first-time violation of this ordinance is an infraction punishable by a fine not to exceed twenty-five dollars ($25.00). Any subsequent violation within two (2) years shall be punishable by a fine not to exceed fifty dollars ($50.00). Duchesne County Police officers shall have the discretion to issue a “warning” if they deem it is in the best interests of the city for the first offense.

13-1017. ABUSE OF PSYCHOTOXIC CHEMICAL SOLVENTS.

A.     A person is guilty of abuse of psychotoxic chemical solvents if:

1.       For the purpose of causing condition of intoxication, inebriation, excitement, stupefaction, or the dulling of his brain or nervous system, he intentionally:

                                                             a.      Smells or inhales the fumes of any psychotoxic chemical solvent; or

                                                             b.      Possess, purchases, or attempts to possess or purchase any psychotoxic chemical solvent.

2.       Knowing or believing that a purchaser or another intends to use a psychotoxic chemical in violation of subsection A (i) or A (ii), sells or offers to sell any psychotoxic chemical solvent.

B.      This section shall not apply to the prescribed use, distribution, or sale of those substances for medical or dental purposes.

C.      Abuse of psychotoxic chemical solvents is a class B misdemeanor.

D.     As used in this section psychotoxic chemical solvent includes any glue, cement, or other substance containing one or more of the following chemical compounds:  acetone, acetate, amyl nitrite, or their isomers, benzene, butyl-alcohol, butyl nitrite, butyl nitrate, or their isomers, ethyl-alcohol, ethyl nitrite, ethyl nitrate, ethylene dichloride, isobutyl alcohol, methyl alcohol, methyl ethyl ketone, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite, propyl nitrate or their isomers, toluene or xylene, or other chemical substance capable of causing condition of intoxication, inebriation, excitement, stupefaction, or the dulling of the brain or nervous system as a result of inhalation of the fumes or vapors of such chemical substances.  Nothing in this section shall be construed to include any control substance regulated by the provisions Utah Code Annotated section 58-37-1 et seq.

13-1018. DESIGNATED SMOKING AREAS. 

Section 26-38-1, Utah Code Annotated, as amended, is incorporated herein by reference.

13-1019. DUTIES OF PROPRIETOR OF PUBLIC PLACE. 

Section 26-38-1, Utah Code Annotated, as amended, is incorporated herein by reference.

13-1019.1. VIOLATIONS. 

Section 26-38-1, Utah Code Annotated, as amended, is incorporated herein by reference.

PART

13-1020. WATERS.

13-1021. INTERFERENCE WITH CONTROL OF WATER COMMISSIONER.

Every person who in any way interferes with or alters the flow of water in any stream, ditch, or lateral while under the control or management of the water commissioner or superintendent is guilty of a class B misdemeanor.

13-1022. TAKING WATER OUT OF TURN OR EXCESS AMOUNT - INJURING FACILITIES. 

Every person who, in violation of any right of any other person, willfully turns or uses the water, or any part thereof, of any canal, ditch, pipeline, or reservoir,  except at a time when the use of the water has been duly distributed to the person or willfully uses any greater quantity of water than has been duly distributed to him, or in any way changes the flow of water when lawfully distributed for irrigation or other useful purposes, except when duly authorized to make the change, or willfully and maliciously breaks or injures any dam, canal, pipeline, water gate, ditch, or other means of diverting or conveying water for irrigation or other useful purposes, is guilty of a class B misdemeanor.

13-1023. OBSTRUCTION OF WATERGATES BY LOGS. 

Every person who rafts or floats logs, timber, or wood down any river or stream and allows the logs, timber, or wood to accumulate at or obstruct the water gates owned by any person or irrigation company taking or diverting the water of the river or stream for irrigation or manufacturing purposes is guilty of a class B misdemeanor.

13-1024. INJURING BRIDGE, DAM, CANAL OR OTHER WATER-RELATED STRUCTURE. 

Every person who willfully and maliciously cuts, breaks, injures, or destroys any bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir, or other structure erected to create hydraulic power, or to drain or reclaim any swamp and overflowed or marsh land, or to conduct water for mining, manufacturing, reclamation, or agricultural purposes, or for the supply of the inhabitants of municipality; or willfully or maliciously makes or causes to be made any aperture in any such dam, canal, flume, aqueduct, reservoir, embankment, levee, or structure with intent to injure or destroy it; or draws up, cuts or injures any piles fixed in the ground and used for securing any lake or river bank or walls or any dock, quay, jetty, or lock is guilty of a class B misdemeanor.

PART

13-1030. EXPLOSIVES.

13-1031. UNLAWFUL HANDLING OF EXPLOSIVES.

A.     Every person who makes or keeps nitroglycerin or other high explosive substances of five or more pounds of gunpowder within this municipality, or who carries it through the streets hereof, without first obtaining a permit therefore from the recorder/clerk, shall be guilty of a class B misdemeanor.

B.      The recorder/clerk may impose as a condition of receiving and keeping a permit under this section, that the person comply with reasonable safety standards as the chief of police may require.

13-1032. MARKING OF CONTAINERS OF EXPLOSIVES BEFORE TRANSPORTATION OR STORAGE. 

Every person who knowingly leaves with or delivers to another, or to any express or railway company or other common carrier, or to any warehouse or storehouse, any package containing nitroglycerine, dynamite, guncotton, gunpowder, or other highly explosive compound, or any benzine, gasoline, phosphorus, or other highly inflammable substance, or any vitriol, sulphuric, nitric, carbolic, muriatic, or other dangerous acid, chemical or compound, to be handled, stored, shipped, or transported, without plainly marking and indicating on such package the name and nature of the contents thereof, is guilty of a class B misdemeanor.

13-1033. POWDER HOUSES. 

Every person who builds, constructs, or uses within 300 feet of any residence or traveled county road any powder house, magazine, or building in which more than five pounds of gunpowder, dynamite or other explosive is kept in quantities exceeding 500 pounds is guilty of a class B misdemeanor.

13-1034. MARKING OF CONTAINERS OF EXPLOSIVES HELD FOR SALE OR USE.  

It shall be a class B misdemeanor to sell or offer for sale or take or solicit orders of sale, or purchase or use, or have on hand or in store for the purpose of sale or use, any giant, hercules, atlas, venture or any other high explosive containing nitroglycerin, unless on each box or package and wrapper containing any such high explosive there shall be plainly stamped or printed the name and place of business of the person, partnership, or corporation by whom or by which it was manufactured, and the exact and true date of its manufacture, and the percentage of nitroglycerin or other high explosive contained therein.

13-1035. DIFFERENT DATES ON CONTAINERS OF EXPLOSIVE PROHIBITED - REUSE OF CONTAINERS PROHIBITED. 

It shall be a class B misdemeanor for any person or persons, partnership, or corporation to have two or more different dates on any box or package containing giant, hercules, atlas or venture, or any other high explosive containing nitroglycerin.  It shall further be unlawful to use any box, package, or wrapper formerly used by any other person or persons, partnership, or corporation in the packing of such giant, hercules, atlas, venture, or other high explosive containing nitroglycerin, and the name and date on the box or package shall be the same as on the wrapper containing the giant, hercules, atlas, venture, or other explosive containing nitroglycerin.

13-1036. "INFERNAL MACHINE" DEFINED. 

An infernal machine is any box, package, contrivance, bomb, or apparatus containing or arranged with an explosive or acid or poisonous or inflammable substance, chemical, or compound, or knife, loaded pistol, or gun, or other dangerous or harmful weapon or thing, constructed, contrived, or arranged so as to explode, ignite, or throw forth its contents, or to strike with any of its parts, unexpectedly when moved, handled, or opened, or after the lapse of time or under conditions or in a manner calculated to endanger health, life, limb, or property.

13-1037. INFERNAL MACHINE - DELIVERY TO COMMON CARRIER, MAILING, OR PLACEMENT ON PREMISES. 

Every person who delivers or causes to be delivered to any express or railway company or other common carrier, or to any person, any infernal machine, knowing it to be such, without informing the common carrier or person of the nature thereof, or sends it through the mail, or throws or places it on or about the premises or property of another, or in any place where another may be injured thereby in his person or property, is guilty of a class B misdemeanor.

13-1038. INFERNAL MACHINE - CONSTRUCTION OR POSSESSION. 

Every person who knowingly constructs or contrives any infernal machine or with intent to injure another in his person or property, has any infernal machine in his possession is guilty of a class B misdemeanor.

PART

13-1040. FENCES.

13-1041. FENCING OF SHAFTS AND WELLS. 

Any person who has sunk or shall sink a shaft or well for any purpose shall enclose it with a substantial curb or fence, which shall be at least four and one-half feet high.  Any person violating the provisions of this section is guilty of a class B misdemeanor.

PART

13-1050. WEAPONS.

13-1050-1. DEFINITIONS. 

For the purpose of this part:

A.     "Dangerous weapon" means any item that in the manner of its use or intended use is capable of causing death or serious bodily injury.  In construing whether an item, object, or thing not commonly known as a dangerous weapon is a dangerous weapon, the character of the instrument, object, or thing; the character of the would produced, if any; and the manner in which the instrument, object, or thing was used shall be determinative.

B.      "Firearms" means pistols, revolvers, sawed-off shotguns, or sawed-off rifles, and/or any device which could be used as a weapon from which is expelled a projectile by any force.

C.      "Sawed-off shotgun" means a shotgun having a barrel or barrels of less than eighteen inches in length, or in the case of a rifle, having a barrel or barrels of less than sixteen inches in length, or any weapon made from a rifle or shotgun (whether by alteration, modification or otherwise) if the weapon as modified has an overall length of less than 26 inches.

D.     "Prohibited area" means any place where it is unlawful to discharge a weapon.

E.      "Crime of violence" means, murder, voluntary manslaughter, rape, mayhem, kidnapping, robbery, burglary, housebreaking, extortion, or blackmail accompanied by threats of violence, assault with a dangerous weapon, assault with intent to commit any offense punishable by imprisonment for more than one year, or an attempt to commit any of the foregoing offenses.

F.      "Bureau" means the Utah state bureau of criminal identification.

13-1050-2. WHEN WEAPON DEEMED LOADED. 

For the purpose of this part, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position, except in the case of pistols and revolvers, in which case they shall be deemed loaded when the unexpended cartridge, shell or projectile is in a position that the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired; and a muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.

13-1050-3. POSSESSION OF DANGEROUS WEAPON BY CONVICTED PERSON, DRUG ADDICT, OR MENTALLY INCOMPETENT PERSON PROHIBITED. 

Any person who is not a citizen of the United States or any person who has been convicted of any crime of violence under the laws of the United States, the State of Utah, or any other state, government, or country, or who is addicted to the use of any narcotic drug, or any person who has been declared mentally incompetent shall not own or have in his possession or under his custody or control any dangerous weapon as defined in this part.  Any person who violates this section is guilty of class B misdemeanor.

13-1050-4. CARRYING CONCEALED DANGEROUS WEAPON.

Any person carrying a concealed dangerous weapon as defined in this part is guilty of a class B misdemeanor.

13-1050-5. CARRYING LOADED FIREARM IN VEHICLE OR ON STREET. 

Every person who carries a loaded firearm in a vehicle or on any public street or in a prohibited area is guilty of a class B misdemeanor.

13-1050-6. THREATENING WITH OR USING DANGEROUS WEAPON IN FIGHT OF QUARREL.

Every person who, not in necessary self-defense in the presence of two or more persons, draws or exhibits any dangerous weapon in an angry and threatening manner or unlawfully uses the same in any fight of quarrel is guilty of a class B misdemeanor.

13-1050-7. POSSESSION OF DEADLY WEAPON WITH INTENT TO ASSAULT. 

Every person having upon his person any dangerous weapon with intent to unlawfully assault another is guilty of a class B misdemeanor.

13-1050-8. DISCHARGE OF FIREARM FROM VEHICLE OR NEAR HIGHWAY.

It shall be a class B misdemeanor for any person to discharge any kind of firearm from an automobile or other vehicle or to discharge a firearm from, upon, or across any highway.

13-1050-9. POSSESSION OF DANGEROUS WEAPON BY MINOR. 

A minor under the age of eighteen may not possess a dangerous weapon as defined herein unless he has the permission by parent or guardian to have such weapon or is accompanied by parent or guardian while he has such weapon in his possession.  In any event, any minor who is under the age of fourteen years must be accompanied by a responsible adult.

13-1050-10. POSSESSION OF WEAPON AUTHORIZED - PERMIT OR LICENSE NOT REQUIRED. 

Nothing in this part shall be construed to prohibit a citizen of the United States over the age of eighteen years who resides or is temporarily within this municipality and who is not within the accepted classes as prescribed by section 13-1050-3 from owning, possessing, or keeping within  his place of residence or place of business or any vehicle under his control any pistol, revolver, or other firearm or dangerous weapon capable of being concealed upon the person, and no permit or license to purchase, own, possess or to keep any such firearm or weapon at his place of residence, or place of business, or any vehicle under his control, shall be required of him.

13-1050-11. POSSESSION OF LOADED WEAPON AT RESIDENCE AUTHORIZED.  

Nothing in this part shall prevent any person, except person described in section 13-1050-3, from having a loaded weapon at his place of residence, including any temporary residence or camp.

13-1050-12. TARGET CONCESSIONS, TRAP FIELDS, SHOOTING RANGES, AND HUNTING EXCEPTED FROM PROHIBITIONS. 

The provisions of sections 13-1050-3 and 13-1050-9 shall not apply to any of the following:

A.     Patrons firing at lawfully operated target concessions at amusement parks, piers, and similar locations provided that the firearms to be used are firmly chained or affixed to the counters.

B.      Patrons of commercial trap or skeet fields or shooting ranges during regular business hours.

13-1050-13. LICENSE TO CARRY CONCEALED WEAPONS - REQUIREMENTS FOR ISSUANCE.

A.     The chief of police (town marshal, or other head of the police department), upon proof that the person applying is of good character and upon showing that good cause exists for the issuance, may issue to such person a license to carry a concealed weapon within their jurisdiction for a period of time not to exceed one year from the issuance date of the license.

13-1050-14. LICENSE - APPLICATION FORM. 

            The application for license must be in substantially the following form:

            State of Utah

            County of ________________________ Name of municipality _______________

            Name _____________________________________________________________

            Address ___________________________________________________________

            Present occupation ________________ Address of Employer _________________

            Age ________ Height _____________ Weight___________

            Color of eyes __________ Color of hair ________________

            Have you ever been convicted of any felony?   Yes ______ No _______

If the answer to the above question is yes, state where and when and what the charge was ______________________________________________________________

            Reason or reasons for issuance of license _________________________________

            __________________________________________________________________

            __________________________________________________________________

            __________________________________________________________________

            ___________________________________________________________________

                                                                 Dated this ____ day of _______________, 20___.

                                    Subscribed and sworn to this ____ day of _______________, 20___.

                                                            ______________________________

                                                                                   Notary Public

                                                            Residing in ______________ County.

            My commission expires:

            ____________________

13-1050-15. RESERVED.

13-1050-16. LICENSE - FEE - AMOUNT AND DISPOSITION. 

Each applicant for a license shall pay a fee of $3.00 at the time of filing the application.  The officer receiving the application shall also receive the $3.00 fee and shall transmit one-half of the fee together with the fingerprints of the individual to the State Bureau of Criminal Identification.  The remaining half of the fee shall be transmitted to the city or town treasurer.

13-1050-17. LICENSE - RECORDS - COPIES TRANSMITTED TO BUREAU. 

When any license is issued a record shall be maintained in the office of the city recorder/town clerk which shall be open to public inspection.  Copies of each license issued shall be filed immediately by the chief of police with the State Bureau of Criminal Identification.

13-1050-18. RESERVED.

13-1050-19. HANDGUN DEALERS' RECORDS. 

Repealed.

13-1050-20. RESERVED.

13-1050-21. UNLAWFUL MARKING OF PISTOL OR REVOLVER. 

Any person who places or stamps on any pistol or revolver any number except one assigned to it by the bureau is guilty of a class B misdemeanor.  This section does not prohibit restoration by the owner of the name of the maker, model, or of the original manufacturer's number or other mark of identification when the restoration is authorized by the bureau, nor prevent any manufacturer from placing in the ordinary course of business the name of the maker, model, manufacturer's number, or other mark of identification upon a new pistol or revolver.

13-1050-22. ALTERATION OF NUMBER OR MARK ON PISTOL OR REVOLVER. 

Any person who changes, alters, removes, or obliterates the name of the maker, model, manufacturer's number, or other marks of identification, including any distinguishing number or mark assigned by the bureau, on any pistol or revolver, without first having secured written permission from the bureau to make the change, alteration or removal, shall be guilty of a class B misdemeanor.

13-1050-23. PERSONS EXEMPT FROM WEAPONS LAWS. 

The provisions of this part shall not apply to any of the following:

A.     United States marshals while engaged in the performance of their official duties.

B.      Federal officials required to carry firearms while engaged in the performance of their official duties.

C.      Law enforcement officials of this or any other jurisdiction while engaged in the performance of their official duties.

D.     Common carriers while engaged in the regular and ordinary transport of firearms as merchandise.

E.      Nonresidents traveling in or through this municipality, provided that any firearm is unloaded and enclosed in a case, gun box, or securely tied package or held securely in a gun rack or locked in the trunk of an automobile in which the nonresident is transporting the firearm.

13-1050-24. PURCHASE OF FIREARMS IN CONTIGUOUS STATES PURSUANT TO FEDERAL LAW. 

This part will allow purchases of firearms and ammunition by residents in contiguous states pursuant to the Federal Firearms Gun Control Act of 1968, section 922, paragraph B, no. 3.

13-1050-25. DISPOSITION OF WEAPONS AFTER USE FOR COURT PURPOSES. 

The police departments which has in its possession a weapon after it has been used for court purposes shall determine the true owner of the weapon and return it to him; however, if unable to determine the true owner of the weapon, or if the true owner is the person committing the crime for which the weapon was used as evidence, the department shall confiscate it and shall revert to the department for their use and/or disposal as the chief of police shall determine.

PART

13-1060. CHARITY DRIVES.

13-1061. DEFINITIONS. 

As used in this part:

A.     "Person" means any individual, organization, group, association, partnership, corporation, or any combination of them;

B.      "Professional fund raiser" means any person who for compensation or any other consideration plans, conducts, or manages the solicitation of contributions for or on behalf of any charitable organization or any other person, or who engages in the business of, or holds himself out to persons as independently engaged in the business of soliciting contributions for such purpose, but shall not include a bona fide officer or employee of a charitable organization;

C.      "Professional Solicitor" means any person who is employed or retained for compensation by a professional fund raiser to solicit contributions in this municipality for charitable purposes.

D.     "Charitable organization" means any organization that is benevolent, philanthropic, patriotic, or eleemosynary or one purporting to be such.

E.      "Contribution" means the promise or grant of any money or property of any kind or value.

13-1062. USE OF PERSON’S NAME WITHOUT CONSENT FOR SOLICITING CONTRIBUTIONS PROHIBITED - EXCEPTION.

No charitable organization, professional fund raiser, or professional solicitor, seeking to raise funds for charitable purposes, shall use the name of any other person for the purpose of soliciting contributions without the written consent of the person; provided that this section shall not apply to religious corporations or organizations, charities, agencies, and organizations operated, supervised or controlled by or in connection with a religious corporation or organization.

13-1063. USE OF NAME WITHOUT CONSENT OR STATIONERY OR AS ONE WHO CONTRIBUTED TO ORGANIZATION PROHIBITED.

It shall be deemed to be a violation of this part to use, without written consent, the name of a person for the purpose of soliciting contributions if the person’s name is listed on any stationery, advertisement, brochure, or correspondence or a charitable organization, or his name is listed or referred to as one who has contributed to, sponsored, or endorsed the charitable organization or its activities.

13-1064. VIOLATIONS - CLASSIFICATION OF OFFENSE. 

Any person who violates the provision of this part is guilty of a class B misdemeanor.

PART

13-1070. CORPORATION FRAUDS.

13-1070-1. DEFINITIONS. 

As used in this part:

A.     "Bona fide shareholder of record" means a shareholder of record who has acquired shares in good faith and is acting for a proper purpose reasonably related to his interest as a shareholder.

B.      "Director" means any of the persons having by law the direction or management of the affairs of a corporation, by whatever name the persons are described in its charter or known by law.

13-1070-2. FRAUDULENT SIGNING OF SHARE SUBSCRIPTIONS. 

Every person who signs the name of a fictitious person to any subscription for, or agreement to take, shares in any corporation existing or proposed, and every person who signs to any subscription or agreement the name of any person, knowing that the person has no means or does not intend in good faith to comply with all the terms thereof, or under any understanding or agreement that the terms of the subscription or agreement are not to be complied with or enforced, is guilty of a class B misdemeanor.

13-1070-3. RESERVED.

13-1070-4. MISREPRESENTING PERSON AS OFFICER, AGENT, MEMBER OR PROMOTER.

Every person who, without being authorized so to do, subscribes the name of another to, or inserts the name of another in, any prospectus, circular, or other advertisement or announcement of any corporation or joint stock association, existing or intended to be formed, with intent to permit it to be published, and thereby to lead persons to believe that the person whose name is so subscribed is an officer, agent, member or promoter of such corporation or association, is guilty of class B misdemeanor.

13-1070-5. CONCURRENCE BY DIRECTOR IN DIVIDEND OR DIVISION OF CAPITAL IN VIOLATION OF LAW. 

Every director or any corporation issuing shares, except savings and loan or building and loan associations who concurs in any vote or act of the directors of the corporation or any of them, by which it is intended either:

A.     To make any dividend except as permitted by the Utah Business Corporation Act; or

B.      To divide, withdraw, or in any manner pay to the shareholders, or any of them, any part of the stated capital of the corporation except as permitted by the Utah Business Corporation Act is guilty of a class B misdemeanor.

13-1070-6. RESERVED.

13-1070-7. FALSE REPORTS. 

Every director, officer, or agent of any corporation of joint stock association who knowingly makes or concurs in making or publishing any written report, exhibit, or statement of its affairs or pecuniary condition, containing any material statement which is false is guilty of a class B misdemeanor.

13-1070-8. REFUSING INSPECTION OF BOOKS. 

Every officer or agent of any corporation having or keeping an office, who has in his custody or control the books of such corporation, and who refuses to give a bona fide shareholder of record or member of the corporation, lawfully demanding during office hours, the right to inspect or take a copy of it or of any part thereof, is guilty of a class B misdemeanor.

13-1070-9. PRESUMPTION OF DIRECTOR'S KNOWLEDGE OF AFFAIRS.

Every director of a corporation or joint stock association is deemed to possess a knowledge of the affairs of his corporation as to enable him to determine whether any act, proceeding, or omission of its directors is a violation of this part.

13-1070-10. PRESUMPTION OF DIRECTOR'S CONCURRENCE IN ACTION IF PRESENT AT MEETING - WRITTEN DISSENT REQUIRED. 

Every director of a corporation or joint stock association who is present at a meeting of the directors at which any act, proceeding, or omission of the directors in violation of this part occurs is deemed to have concurred therein, unless he at the time causes, or in writing requires, his dissent therefrom to be entered in the minutes of the directors or forwards his dissent by registered mail to the secretary of the corporation immediately after the adjournment of the meeting.

13-1070-11. FOREIGN CORPORATIONS SUBJECT TO ORDINANCES. 

It is no defense to a prosecution for any violation of any of the provisions of this part that the corporation was one created by the laws of another state, government, or country if it was one carrying on business or keeping an office therefor within this municipality.

PART

13-1080. NUISANCES.

13-1081. "NUISANCE" DEFINED - VIOLATION - CLASSIFICATION OF OFFENSE.

A.     A nuisance is any item, thing, manner, condition whatsoever that is dangerous to human life or health or renders soil, air, water or food impure or unwholesome.

B.      Any person, whether as owner, agent, or occupant who creates, aids in creating, or contributes to a nuisance, or who supports, continues or retains a nuisance, is guilty of a class B misdemeanor.

13-1082. BEFOULING WATERS. 

A person is guilty of a class B misdemeanor if he:

A.     Constructs or maintains a corral, sheep pen, goat pen, stable, pigpen, chicken coop, or other offensive yard or outhouse where the waste of drainage therefrom shall flow directly into the waters of any stream, well, or spring of water used for domestic purposes; or

B.      Deposits, piles, unloads, or leaves any manure heap, offensive rubbish, or the carcass of any dead animal where the waste or drainage therefrom will flow directly into the waters of any stream, well, or spring of water used for domestic purposes; or

C.      Dips or washes sheep in any stream, or constructs, maintains, or uses any pool or dipping vat for dipping or washing sheep in such close proximity to any stream located within this municipality or over which this municipality may exercise its jurisdiction and used by the inhabitants of this municipality for domestic purposes as to make the waters thereof impure or unwholesome; or

D.     Constructs or maintains any corral, yard, or vat to be used for the purpose of shearing or dipping sheep within twelve miles of the municipality, where the refuse or filth from the corral or yard would naturally find its way into any stream of water used by the inhabitants of this municipality for domestic purposes; or

E.      Establishes and maintains any corral, camp, or bedding place for the purpose of herding, holding, or keeping any cattle, horses, sheep, goats, or hogs, within seven miles of this municipality, where the refuse or filth from the corral, camp, or bedding place will naturally find its way into any stream of water used by the inhabitants of this municipality for domestic purposes.

13-1083. "PUBLIC NUISANCE" DEFINED.

A.     A public nuisance is a crime against the public order and economy of this municipality and consists in unlawfully doing any act or omitting to perform any duty, which act or omission, either:

1.       Annoys, injures, or endangers the comfort, repose, health or safety of three or more persons; or

2.       Offends public decency; or

3.       Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake, stream, canal, or basin, or any public park, square, street, or highway; or

4.       In any way renders three or more persons insecure in life or the use of property.

B.      An act which affects three or more persons in any of the ways specified in this section is still a nuisance regardless of whether the extent of annoyance or damage inflicted on individuals is unequal.

13-1084. MAINTAINING, COMMITTING OR FAILING TO REMOVE PUBLIC NUISANCE - CLASSIFICATION OF OFFENSE. 

Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a class B misdemeanor.

13-1085. CARCASS OF OFFAL - PROHIBITIONS RELATING TO DISPOSAL - CLASSIFICATION OF OFFENSE. 

Every person who puts the carcass of any dead animal, or the offal from any slaughter pen, corral, or butcher shop into any river, creek, pond, street, alley, or public highway, or road in common use or who attempts to destroy it by fire, within one-fourth of a mile of this municipality is guilty of a class B misdemeanor.

13-1086. NOT TO AFFECT OTHER PROVISIONS OF MUNICIPALITY ORDINANCES. 

Nothing contained in this Municipality Criminal Code shall affect any other provisions of this municipality's ordinances, rules or regulations which regulate, prohibit or effect nuisances or public nuisances.

13-1087. ACTION FOR ABATEMENT OF PUBLIC NUISANCES. 

The municipal attorney is empowered to institute an action in the name of this municipality to abate a public nuisance.

PART

13-1090. TRADE AND COMMERCE.

13-1090-1. "JUNK DEALER" DEFINED. 

For the purpose of this part "junk dealer" means all persons, firms, or corporations engaged in the business of purchasing or selling secondhand, or castoff material of any kind, such as old iron, copper, brass, lead, zinc, tin, steel, aluminum, and other metals, metallic cables, wires, ropes, cordage, bottles, bagging, rags, rubber, paper, and other like materials.

13-1090-2. FRAUDULENT PRACTICES TO AFFECT MARKET PRICE.

Every person who willfully makes or publishes any false statement, spreads any false rumor, or employs any other false or fraudulent means or device, with intent to affect the market price of any kind of property, is guilty of a class B misdemeanor.

13-1090-3 through 13-1090-6.  RESERVED.

13-1090-7. JUNK DEALER'S RECORD OF SALES AND PURCHASES.

Every junk dealer shall keep a book in which shall be written, in ink in the English language, at the time of each and every purchase and sale a listing of the weight and metallic description of the sale or purchase, together with the full name and residence of the person or persons selling junk, together with the date and place of the purchase and sale.  No entry in the book shall be erased, mutilated, or changed.  The book and entries shall at all times be open to inspection by the sheriff of the county or any of his deputies and by any member of the police force of this municipality, and any constable or other state, municipality, or county officials in this county, provided this part shall not apply to any sale of less than twenty pounds.

13-1090-8. VIOLATION BY JUNK DEALER - CLASSIFCATION OF OFFENSE. 

Any junk dealer who shall be found guilty of a violation of any of the provisions of this part shall be guilty of a class B misdemeanor; provided that this part shall not be construed to in any way affect any tax, license or regulation otherwise imposed on any junk dealer.

13-1090-9. JUNK DEALER TO OBTAIN STATEMENT FROM SELLERS. 

At the time of purchase by any junk dealer of any copper wire, pig, or pigs of metal or of any junk, as defined in this part, he shall obtain a signed and dated statement from the person or persons selling it as to when, where, and from whom the property was obtained and also the residence, address, and place of employment of the seller or sellers.  The statement shall be retained for five years by the junk dealer and shall be subject to the provisions of section 13-1090-7 relating to erasure, mutilation, or change and also to inspection.

13-1090-10. FALSIFICATION OR SELLER'S STATEMENT TO JUNK DEALER. 

Any seller who, in the making of his statement as required by this part in selling, offering, or trying to sell junk willfully makes a false statement or gives untrue information, shall be guilty of a class B misdemeanor.

PART

13-1100. TRADEMARKS, TRADE NAMES AND DEVICES.

13-1100. DEFINITIONS. 

For the purpose of this part:

A.     "Forged trademark," "forged trade name," "forged trade device," and "counterfeited trademark," "counterfeited trade name," "counterfeited trade device," or their equivalents as used in this part, include every alteration or imitation of any trademark, trade name, or trade device so resembling the original as to be likely to deceive.

B.      "Trademark" or "trade name" or "trade device," as used in this part, includes every trademark registrable with the secretary of state.

13-1102. FORGING OR COUNTERFEITING TRADEMARK, TRADE NAME, OR TRADE DEVICE. 

Every person who willfully forges or counterfeits, or procures to be forged or counterfeited any trademark, trade name, or trade device, usually affixed by any person, or by any association or union of workingmen, to his or its goods, which has been filed in the office of the secretary of state, with intent to pass off any goods to which the forged or counterfeited trademark, trade name, or trade device is affixed or intended to be affixed, as the goods of the person or association or union of workingmen, is guilty of a class B misdemeanor.

13-1103. SELLING GOODS UNDER COUNTERFEITED TRADEMARK, TRADE NAME OR TRADE DEVICE. 

Every person who sells or keeps for sale any goods upon or to which any counterfeited trademark, trade name, or trade device has been affixed, after it has been filed in the office of the secretary of state, intending to represent the goods as the genuine goods of another, knowing it to be counterfeited, is guilty of a class B misdemeanor.

13-1104. SALES IN CONTAINERS BEARING REGISTERED TRADEMARK OF SUBSTITUTED ARTICLES. 

Every person who has or uses any container or similar article bearing or having in any way connected with it the registered trademark of another for the purpose of disposing, with intent to deceive or defraud any article or substance other than that which the container of similar article originally contained or was connected with by the owner of such trademark is guilty of a class B misdemeanor.

13-1105. USING, DESTROYING, CONCEALING OR POSSESSING ARTICLES WITH REGISTERED TRADEMARK OR SERVICE MARK TO DEPRIVE OWNER OF USE OR POSSESSION - EXCEPTION. 

Every person who, without the consent of the owner of an article bearing the owner's validly registered trademark or service mark, uses, destroys, conceals, or possesses the article or who defaces or otherwise conceals the trademark or service mark upon the article with intent to deprive the owner of the use of possession of that article is guilty of a class B misdemeanor; provided, however, that nothing contained in this part shall be construed to apply to or restrict the transfer or use of wooden boxes or the reuse of burlap or cotton bags or sacks when those bags or sacks have been reversed inside out or the markings thereon have been concealed or obliterated to effectively demonstrate that the products contained therein do not purport to be the products of the owner of the registered trademark or service mark theretofore put upon those bags.

13-1106. SELLING OR DEALING WITH ARTICLES BEARING REGISTERED TRADEMARK OR SERVICE MARK WITH INTENT TO DEFRAUD. 

Every person who, without the consent of the owner of an article bearing the owner's validly registered trademark or service mark, knowingly sells or traffics in the articles or who withholds the articles from the owner thereof with intent to defraud the owner thereof, is guilty of a class B misdemeanor.

13-1107. USE OF REGISTERED TRADEMARK WITHOUT CONSENT. 

Every person who adopts or in any way uses the registered trademark of another, without the consent of the owner thereof, is guilty of a class B misdemeanor.

PART

13-1110. GAMBLING.

13-1111. DEFINITIONS. 

For the purpose of this part:

A.     "Gambling" means risking anything of value for a return or risking anything of value upon the outcome of a contest, game, gaming scheme, or gaming device when the return or outcome is based upon an element of chance and is in accord with an agreement or understanding that someone will receive something of value in the event of a certain outcome, and gambling includes a lottery; gambling does not include:

1.       A lawful business transaction, or

2.       Playing an amusement device that confers only an immediate and unrecorded right of replay not exchangeable for value.

B.      "Lottery" means any scheme for the disposal or distribution of property by chance among persons who have paid or promised to pay any valuable consideration for the chance of obtaining property or portion of it, or for any share or any interest in property upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name it may be known.

C.      "Gambling bet" means money, checks credit, or any other representation of value.

D.     "Gambling device or record" means anything specifically designed for use in gambling or used primarily for gambling.

E.      "Gambling proceeds" means anything of value used in gambling.

13-1112.  GAMBLING.

A.     A person is guilty of gambling if he:

1.       Participates in gambling, or

2.       Knowingly permits any gambling to be played, conducted, or dealt upon or in any real or personal property owned, rented or under the control of the actor, whether in whole or in part.

B.      Gambling is a class B misdemeanor.

13-1113. GAMBLING FRAUD.

A.     A person is guilty of gambling fraud if he participates in gambling and wins or acquires to himself or another any gambling proceeds when he knows he has a lesser risk of losing or greater chance of winning than one or more of the other participants, and the risk is not known to all participants.

B.      A person convicted of gambling fraud shall be punished as in the case of theft of property of like value, provided that the penalty shall not exceed a class B misdemeanor.

13-1114. GAMBLING PROMOTION.

A.     A person is guilty of gambling promotion if he derives or intends to derive an economic benefit other than personal winnings from gambling and:

1.       He induces or aids another to engage in gambling; or

2.       He knowingly invests in, finances, owns, controls, supervises, manages, or participates in any gambling.

B.      Gambling promotion is a class B misdemeanor.

13-1115. POSSESSING A GAMBLING DEVICE OR RECORD.

A.     A person is guilty of possessing a gambling device or record if he knowingly possesses it with intent to use it in gambling.

B.      Possession of a gambling device or record is a class B misdemeanor.

13-1116. FAILURE OF PROSECUTING ATTORNEY OR LAW ENFORCEMENT OFFICER TO PROSECUTE OFFENSES. 

Any prosecuting attorney or police officer who has reasonable cause to believe that any person has violated any provision of this part and shall thereafter fail or refuse to diligently prosecute such persons is guilty of a class B misdemeanor.

13-1117. SEIZURE AND SALE OF DEVICES OR EQUIPMENT USED FOR GAMBLING.

A.     Whenever the justice of the peace shall determine that any devices or equipment is used or kept for the purpose of being used for gambling, he may notify the governing body and/or the chief of police and may authorize the chief of police to seize such devices and to hold them for sale at the best price obtainable pending a hearing before the justice of the peace. After the hearing has been properly scheduled and all parties having an interest in the devices have been notified of the hearing, the justice of the peace may order the devices seized and declare them to be the property of this municipality.  The Court may then order the devices sold for the best price obtainable. The sale shall be made to a person of good character and repute who is a bona fide resident of the state wherein it is lawful to use such equipment.  The officials conducting the sale shall place the equipment on a public carrier, properly co-signed to the purchaser at his place of residence.

B.      The proceeds of any sale shall be paid to the municipality treasury.

C.      If no sale is consummated within ninety (90) days after authorization therefore, the devices or equipment shall be destroyed under the direction of the justice of the peace.

13-1118. SEIZURE AND DISPOSITION OF GAMBLING DEBTS OR PROCEEDS.

A.     At the commencement of any prosecution for a violation of this part any gambling bets or gambling proceeds which are reasonably identifiable as having been used or obtained in violation of this part may be seized and they shall be held pending the disposition of the proceedings.  At the conclusion of the proceedings, any person who is found guilty of a violation of this part shall forfeit any sums held by the Court which were acquired or being used in violation of this part.  Any sums not identifiable, or in the event the individual is found not guilty, the sums shall be returned to him.

B.      A commencement of prosecution shall occur upon arrest, or issuance of a complaint, or citation, whichever occurs first.

C.      All sums forfeited under this section shall be paid into the treasury of the municipality conducting the prosecution.

13-1119. CONFIDENCE GAME - PUNISHMENT AS FOR THEFT - DESCRIPTION IN CHARGE.

A.     Any person who obtains or attempts to obtain from any other person any money or property by any means, instrument or device commonly called a confidence game shall be punished as in the case of theft of property of like value.

B.      In every complaint or citation under this section, it shall be deemed and held a sufficient description of the offense to charge that the accused did, on                  (insert the date) unlawfully and knowingly obtain or attempt to obtain (as the case may be) from                               (insert name of the person or persons defrauded or attempted to be defrauded) his money or property (as the case may be) by means and by use of a confidence game.

CHAPTER

13-1200. PORNOGRAPHIC AND HARMFUL MATERIALS AND PERFORMANCES.

13-1201. DEFINITIONS. 

For the purpose of this part:

A.     "Material" means anything printed or written or any picture, drawing, photograph, motion picture, or pictorial representation, or any statue or other figure, or any recording or transcription, or any mechanical, chemical or electrical reproduction, or anything which is or may be used as a means of communication.  Material includes undeveloped photographs, molds, printing plates, and other latent representational objects.

B.      "Performance" means any physical human bodily activity, whether engaged in alone or with other persons, including but not limited to singing, speaking, dancing, acting, simulating, or pantomiming.

C.      "Distribute" means to transfer possession of materials whether with or without consideration.

D.     "Knowingly" means an awareness, whether actual or constructive, of the character of material or of a performance.  A person has constructive knowledge if a reasonable inspection or observation under the circumstances would have disclosed the nature of the subject matter and if a failure to inspect or observe is for the purpose of avoiding the disclosure or is criminally negligent.

E.      "Exhibit" means to show.

F.      "Nudity" means the showing of the human male or female genitals, pubic area, or buttocks, with less than a full, opaque covering, or the showing of a female breast with less than a full, opaque covering, or any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernably turgid state.

G.     "Sexual conduct" means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if the person is a female, breast, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent or actual sexual stimulation or gratification.

H.     "Sexual excitement" means a condition of human male or female genitals when in a state of sexual stimulation or arousal, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity.

I.        "Sado-masochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask, or in a revealing or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.

J.        "Minor" means any person less than 18 years of age.

K.     "Harmful to minors" means that quality of any description or representation, in whatsoever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse when it:

1.       Taken as a whole, appeals to the prurient interest in sex of minors;

2.       Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

3.       Taken as a whole, does not have serious value for minors.  Serious value includes only serious literary, artistic political or scientific value for minors.

4.       "Contemporary community standards" means those current standards in the vicinage where an offense alleged under this act has occurred, is occurring, or will occur.

5.       "Public place" includes a place to which admission is gained by payment of a membership or admission fee, however designated, notwithstanding its being designated a private club or by words of like import.

13-1202. MATERIAL HARMFUL TO MINORS - NO EXPERT WITNESS REQUIRED.

A.     In any prosecution dealing with an offense relating to harmful material to minors, the question whether the predominant appeal of the material is to the prurient interest shall be determined with reference to average minors.

B.      Neither the prosecution nor the defense shall be required to introduce expert witness testimony concerning the harmful character of the material or performance which is the subject of a prosecution.

13-1203. PORNOGRAPHIC MATERIAL OR PERFORMANCE - DETERMINATION OF PREDOMINANT APPEAL TO PRURIENT INTEREST - EXPERT TESTIMONY NOT REQUIRED.

A.     Any material or performance is pornographic if:

1.       The average person, applying contemporary community standards finds that, taken as a whole, it appeals to prurient interest in sex;

2.       It is patently offensive in the description or depiction of nudity, sexual contact, sexual excitement, sado-masochistic abuse, or excretion; and

3.       Taken as a whole it does not have serious literary, artistic, political or scientific value.

B.      In prosecutions under this part, where circumstances of production, presentation, sale, dissemination, distribution, exhibition, or publimunicipality indicate that the matter is being commercially exploited by the defendant for the sake of its prurient appeal, this evidence is probative with respect to the nature of the matter and can justify the conclusion that, in the context in which it is used, the matter has no serious literary, artistic, political, or scientific value.

C.      Neither the prosecution nor the defense shall be required to introduce expert witness testimony as to whether the material or performance is or is not harmful to adults or minors or is not pornographic, or as to any element of the definition of pornographic, including contemporary community standards.

13-71204. DISTRIBUTING PORNOGRAPHIC MATERIAL.

A.     A person is guilty of distributing pornographic material when he knowingly:

1.       Sends or brings any pornographic material into this municipality with intent to distribute or exhibit it to others; or

2.       Prepares, publishes, prints, or possesses any pornographic material with intent to distribute or exhibit it to others; or

3.       Distributes or offers to distribute, exhibits or offers to exhibit, any pornographic material to others; or

4.       Writes, creates, of solicits the publication or advertising of pornographic material; or

5.       Promotes the distribution or exhibition of material which he represents to be pornographic; or

6.       Presents or directs a pornographic performance in any public place or any place exposed to public view or participates in that portion thereof which makes it pornographic. 

Each distributing of pornographic material, as defined in this subsection 1 is a separate offense under this section.  A separate offense shall be regarded as having been committed for each day's exhibition of any pornographic motion picture film and for each day in which any pornographic publication is displayed or exhibited in a public place with intent to distribute or exhibit it to others.

B.      Each separate offense under this section is a class B misdemeanor punishable by a minimum mandatory fine of not less than $100 plus $10.00 for each article exhibited up to a maximum of $299.00 and by incarceration, without suspension of sentence in any way, for a term of not less than seven days.

13-1205. INDUCING ACCEPTANCE OF PORNOGRAPHIC MATERIAL.

A.     A person is guilty of inducing acceptance of pornographic material when he knowingly:

1.       Requires or demands as a condition to a sale, allocation, consignment, or delivery for resale of any newspaper, magazine, periodical, book, publication, or other merchandise that the purchaser or consignee receive any pornographic material or material reasonably believed by the purchaser or consignee to be pornographic material or material reasonably believed by the purchaser or consignee to be pornographic.

2.       Denies, revokes, or threatens to deny or revoke a franchise, or to improve any penalty, financial or otherwise, because of the failure or refusal to accept pornographic material or material reasonably believed by the purchaser or consignee to be pornographic.

B.      A violation of this section is a class B misdemeanor punishable by a fine of not less than $100.00 and by incarceration, without suspension of sentence in any way, for a term of not less than 14 days.

13-1206. DEALING IN HARMFUL MATERIAL TO A MINOR.

A.     A person is guilty of dealing in harmful material when, knowing that a person is a minor, or having failed to exercise reasonable care in ascertaining the proper age of a minor, he;

1.       Knowingly distributes or offers to distribute, exhibits or offers to exhibit, any harmful material to a minor; or

2.       Produces, presents, or directs any performance before a minor, harmful to minors, or participates in any performance before a minor, harmful to minors; or

3.       Falsely pretends to be the parent or legal guardian of a minor and thereby causes the minor to be admitted to an exhibition of any harmful material.

B.      This section does not prohibit any parent or legal guardian from distributing any harmful material to his minor child or ward or for permitting his minor child or ward to attend an exhibition of any harmful material if the minor child or ward is accompanied by him.  This section does not prohibit a person from exhibiting any harmful material to a minor child who is accompanied by his parent or legal guardian or by any person whom he reasonably believes to be the parent or legal guardian of that child.

C.      Each separate offense under this section is a class B misdemeanor punishable by a minimum mandatory fine of not less than $    100.00     plus $10 for each article exhibited up to a maximum $    299.00   and by incarceration, without suspension of sentence in any way, for a term of not less than 14 days.

13-1207. ALLOWING PROPERTY OR LAND TO BE USED FOR LEWDNESS OR OBSCENITY. 

It shall be unlawful for a landlord or landowner to willfully or knowingly allow his property or land to be used for the commercial exploitation of lewdness or obscenity.

A.     If a tenant or occupant of real property uses this property for an activity for which he or his employee is convicted under any provision of this part, the conviction makes void the lease or other title under which he holds at the option of the fee owner or any intermediate lessor; and ten days after the fee owner or any intermediate lessor gives notice in writing to the tenant or occupant that he is exercising the option, the right of possession to the property reverts to the person exercising the option.  This option does not arise until all avenues of direct appeal from the conviction have been exhausted or abandoned by the tenant or occupants, or his employee.

B.      It shall be unlawful for a fee owner or intermediate lessor of real property to knowingly allow this property to be used for the purpose of distributing or exhibiting pornographic materials, or for pornographic performances, by a tenant or occupant if the tenant or occupant, or his employee, has been convicted under any provision of this part of an offense occurring on the same property and all avenues of direct appeal from the conviction have been exhausted or abandoned.

1.       "Allow" under this subsection B means a failure to exercise the option arising under subsection A within ten days after the fee owner or lessor receives notice in writing from the count attorney of the county where the property is situated, or if situated in a municipality of the first or second class, from the municipality attorney of that municipality, that the property is being used for a purpose prohibited by this subsection B.

2.       A willful violation of this subsection B is a class A misdemeanor and any fine assessed, if not paid within 30 days after judgment, shall become a lien upon the property.

C.      Any tenant or occupant who receives a notice in writing that the fee owner or intermediate lessor is exercising the option provided by subsection A and who does not quit the premises within ten days after the giving of that notice is guilty of a class A misdemeanor.

13-1208. AFFIRMATIVE DEFENSES. 

The following shall be affirmative defenses to prosecution under this part:

A.     It is an affirmative defense to prosecution under this part that the distributuion of pornographic material was restricted to institutions or persons having scientific, educational, governmental, or other similar justification for possessing pornographic material.

B.      It is not a defense to prosecution under this part that the actor was a motion picture projectionist, usher, ticket-taker, bookstore employee, or otherwise was required to violate any provision of this part incident to his employment.

13-1209. SEIZURE AND DISPOSITION OF PROHIBITED MATERIALS - INJUNCTIVE RELIEF AGAINST SALE AND DISTRIBUTION OF MATERIAL OR PERFORMANCES.

RESERVED.

CHAPTER

13-1300. PROSTITUTION.

13-1301. DEFINITIONS. 

For the purposes of this part:

A.     "Sexual activity" means intercourse or any sexual act involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant.

B.      "House of prostitution" means a place where prostitution or promotion of prostitution is regularly carried on by one or more persons under the control, management, or supervision of another.

C.      "Inmate" means a person who engages in prostitution in or through the agency of a house of prostitution.

D.     "Public place" means any place to which the public or any substantial group thereof has access.

13-1302. PROSTITUTION.

A.     A person is guilty of prostitution when:

1.       He engages or offers or agrees to engage in any sexual activity with another person for a fee; or

2.       Is an inmate of a house of prostitution; or

3.       Loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.

B.      Prostitution is a class B misdemeanor.

13-1303. PATRONIZING A PROSTITUTE.

A.     A person is guilty of patronizing a prostitute when:

1.       He pays or offers or agrees to pay another person a fee for the purpose of engaging in an act of sexual activity; or

2.       He enters or remains in a house of prostitution for the purpose of engaging in sexual activity.

B.      Patronizing a prostitute is a class C misdemeanor.

13-1304. AIDING PROSTITUTION

A.     A person is guilty of aiding prostitution if he:

1.       Solicits a person to patronize a prostitute;

2.       Procures or attempts to procure a prostitute for a patron, or

3.       Leases or otherwise permits a place controlled by the actor, alone or in association with another, to be used for prostitution or the promotion of prostitution; or

4.       Solicits, receives, or agrees to receive any benefit for doing any of the acts prohibited by this subsection.

B.      Aiding prostitution is a class B misdemeanor.

13-1305. EXPLOITING PROSTITUTION.

A.     A person is guilty of exploiting prostitution if he:

1.       Procures an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate; or

2.       Encourages, induces or otherwise purposely causes another to become or remain a prostitute; or

3.       Transports a person into or within this municipality with a purpose to promote that person's engaging in prostitution or procuring or paying for transportation with that purpose; or

4.       Not being a child or legal dependent of a prostitute, shares the proceeds of prostitution with a prostitute pursuant to their understanding that he is to share therein.

5.       Owns, controls, manages, supervises, or otherwise keeps alone or in association with another a house of prostitution or a prostitute business.

B.      Exploiting prostitution is a class B misdemeanor.

13-1306. RESERVED.

13-1307. PERVERSION. 

It shall be a class B misdemeanor for any person to:

A.     Commit or offer or agree to commit a lewd act or an act of moral perversion.

B.      Secure or offer another for the purpose of committing a lewd act or an act of moral perversion.

C.      Be in or near any place frequented by the public, or any public place, for the purpose of inducing, enticing, or procuring another to commit a lewd act or an act of prostitution or moral perversion.

D.     Make a meretricious display in or near any public place, any place frequented by the public, or any place open to the public view.

E.      Knowingly transport any person to any place for the purpose of committing a lewd act or an act of moral perversion.

F.      Knowingly receive or offer to agree to receive any person into any place or building for the purpose of performing a lewd act, or an act of moral perversion, or to knowingly permit any person to remain in any place or building for any such purpose.

G.     Direct or offer to direct any person to any place or building for the purpose of committing any lewd act or act of prostitution or moral perversion.

H.     Aid, abet, allow, permit, or participate in the commission of any of the acts prohibited in subsections 1 through 7 above.