CHAPTER 12-07
OFFENSES AGAINST PUBLIC ORDER, HEALTH, SAFETY AND SENSIBILITIES SECTIONS:
12-0701. Engaging in a Riot.
12-0702. Disobedience of Public Safety Orders Under Riot Conditions.
12-0703. Disorderly Conduct.
12-0704. Defense When Conduct Consists of Speech or Other Expression.
12-0705. Prostitution.
12-0706. Refrigerators Abandoned or Unattended Out of Doors.
12-0707. Urinating in Public.
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12-0701. ENGAGING IN A RIOT.
1. A person is guilty of an offense if he engages in a riot.
2. "Riot" means a public disturbance involving an assemblage of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government function.
3. A person shall be convicted under Section 12-0101 or 12-0102 of attempt or conspiracy to commit an offense under this section only if he engages in the prohibited conduct under circumstances in which there is a substantial likelihood that his conduct will imminently produce a violation of this section. Mere presence at a riot is not an offense under this section.
12-0702. DISOBEDIENCE OF PUBLIC SAFETY ORDERS UNDER RIOT CONDITIONS. A person is guilty of an offense if, during a riot as defined in Section 12-0701.2, or when one is immediately impending, he disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot. A public safety order is an order designed to prevent or control disorder, or promote the safety of persons or property, issued by the senior law enforcement official on the scene. 12-0703. DISORDERLY CONDUCT. A person is guilty of violating the ordinances of this City if, with intent to harass, annoy, or alarm another person or in reckless disregard of the fact that another is harassed, annoyed or alarmed by his behavior, he:
1. Engages in fighting, or in violent, tumultuous or threatening behavior;
2. In a public place, uses abusive, insulting, or offensive language, or an abusive, insulting, or offensive gesture, under circumstances in which such language by its very utterance, or gesture, is likely to cause or provoke a disturbance or breach of the peace;
3. Makes unreasonable noise;
4. Obstructs vehicular or pedestrian traffic, or the use of a public facility;
5. Persistently follows a person in or about a public place or places;
6. While loitering in a public place for the purpose of soliciting sexual contact, he solicits such contact;
7. Creates a hazardous or seriously alarming condition by any act which he is not licensed or privileged to do;
8. Enters on the property of another and for a lewd or unlawful purpose looks into a dwelling on the property through any window or other opening in the dwelling;
9. Not being a peace officer, discharges a firearm or displays a deadly weapon in a public place;
10. Exposes his genitals under circumstances in which, in fact, his conduct is likely to be observed by a person who would be offended or alarmed, and with intent to arouse or gratify the sexual desire of any person, including the actor;
11. Throws any missile in a public place or in any place where there is any person to be endangered thereby, although no injury to any person ensues; or
12. Creates, by chemical means, a noxious and unreasonable odor in a public place.
12-0704. DEFENSE WHEN CONDUCT CONSISTS OF SPEECH OR OTHER EXPRESSION.
1. If conduct that would otherwise violate Section 12-0703.3 (unreasonable noise) or Section 12-0703.4 (obstructing traffic or public facility) consists of speech or other communication, of gathering with others to hear or observe such speech or communication, or of gathering with others to picket or otherwise express in an nonviolent manner a position on social, economic,
political, or religious questions, the actor must be ordered to move, disperse, or otherwise remedy the violation prior to his arrest if he has not yet intentionally harmed the interests of others which those sections seek to protect.
2. The order required by this section may be given by a peace officer, a fireman, a person with authority to control the use of the premises, or any person directly affected by the violation.
3. It is a defense to prosecution under Section 12-0703.3 or
4:
a. That in circumstances in which this section requires an order no order was given;
b. That an order, if given, was manifestly unreasonable in scope; or
c. That an order, if given, was promptly obeyed.
12-0705. PROSTITUTION.
1. A person is guilty of the offense of prostitution if he:
a. Is an inmate of a house of prostitution or is otherwise engaged in sexual activity as a business; or
b. Solicits another person with the intention of being hired to engage in sexual activity.
2. Testimony of a person against his or her spouse shall be admissible to prove offenses under this section involving that spouse's prostitution.
3. In this section:
a. "Sexual activity" means sexual act or sexual contact as those terms are defined in N.D. Cent. Code § 12.1-20-02.
b. A "house of prostitution" is any place where prostitution is regularly carried on by a person under the control, management, or supervision of another.
c. An "inmate" is a prostitute who acts as such in or through the agency of a house of prostitution.
12-0706. REFRIGERATORS ABANDONED OR UNATTENDED OUT OF DOORS.
1. The provisions of this ordinance shall apply to any ice box, refrigerator, freezer or ice chest, having a capacity of one and one half cubic feet or more, and any other airtight container in which a child could become entrapped and suffocate (hereinafter referred to in this ordinance as a dangerous container). No person, firm, corporation or organization shall abandon any such refrigerator, freezer, ice box, ice chest or dangerous container any place in the city. No person shall leave any such refrigerator, freezer, ice box, ice chest or dangerous container unattended out of doors without first having removed the door or cover. The purpose of this ordinance is to prevent children from dying for lack of air as a result of being locked in such a refrigerator, ice chest, ice box, or dangerous container.
2. No refrigerator, freezer, ice chest or ice box with a capacity of one and one half cubic feet or more shall be left out of doors for the purpose of selling ice cubes, unless such device is designed so that there is no door large enough for a baby or child to enter or to be placed in the device, provided that the device may have one larger door that is locked and can be unlocked and opened only by an attendant, not by any customer.
3. In addition to the other penalties and remedies provided in this ordinance, any city officer or employee finding any freezer, refrigerator, ice box, ice chest or dangerous container covered by this ordinance unattended in any place out of doors or cover, in violation of this ordinance, shall immediately take steps to avoid the danger of a child being trapped inside. These steps shall include:
a. The door will be opened to see if any baby or child is inside.
b. If there is an owner, attendant or other person in charge at the premises, such person shall be notified that the device must be moved at once or the door or cover removed at once by removal of the hinges, latches or other such device.
c. If there is no owner, attendant or other person in charge at the premises, the front door or cover shall be removed by removing the hinges, latch, lock or similar devices holding the door in place. Provided, that a refrigerator held shut only by magnetism not jammed or stuck may have the hinges or latch left on temporarily if, in the opinion of the city employee or officer taking action under this ordinance, such temporary leaving of the condition creates no immediate danger to life.
d. If circumstances indicate that the device is abandoned, the city shall arrange to remove the same to a licensed landfill for disposal.
e. If there is no owner, attendant or other person in charge on the premises where any action is taken under this section, the city officer or employee who took action under this section shall notify the owner, attendant or person in charge in writing as soon as possible. If the owner or attendant is unknown, or if no address is known for any owner, attendant or other person in charge, written notice shall be left on the premises where the refrigerator or other device is found to be in violation of the provisions of this ordinance.
12-0707. URINATING IN PUBLIC. It shall be unlawful to urinate or defecate on any public street, or upon any public sidewalk or in any other pubic place; in or on any vehicle in public or in any store, assembly hall, corridor, entryway or other place open to and used by the public, except in a restroom, and then only in a toilet or urinal or other fixture normally used for that purpose.