Salisbury "Crossroad of Delmarva"

Salisbury Municipal Code

Title 9

PUBLIC PEACE, MORALS AND WELFARE

Chapters:
9.04 FIREARMS
9.08 PEACE AND GOOD ORDER

Chapter 9.04

Sections:
9.04.010 Discharge of firearms restricted.
9.04.020 Discharge of air guns, slingshots and like devices prohibited.

Section 9.04.010 Discharge of firearms restricted.
It is unlawful for any person to fire, discharge or set off any gun, rifle, pistol, revolver or other firearm within the corporate limits of the city without a written permit from the chief of police; provided, that this section shall not apply to licensed shooting galleries between six a.m. and eleven p.m. of the secular days of the week, nor to the discharge of firearms in a performance conducted in or at a regular licensed theater or show, and provided further that nothing in this section shall be construed to prohibit members of duly authorized military organizations from the proper use of their guns and other equipment as members of such organization. (Prior code § 69-1)

Section 9.04.020 Discharge of air guns, slingshots and like devices prohibited.
It is unlawful for any person to discharge or set off any air gun, beanshooter, slingshot or other like device within the corporate limits of the city. (Prior code § 69-2)

Chapter 9.08

PEACE AND GOOD ORDER

Section 9.08.010 Littering prohibited.
It is unlawful for any person promiscuously to cast or throw any handbills on any of the streets, public alleys or sidewalks within the corporate limits of the city. (Prior code § 114-1)

Section 9.08.020 Posting of notices on utility poles prohibited.
It is unlawful for any person, either for himself or for any other person, to tack, nail, stick or paste or in any other manner post or place any advertising or notices of any kind upon any telephone pole or electric light pole in the city. (Prior code § 114-2)

Section 9.08.030 Unlawful operation of coin-operated devices.
Any person who shall operate or cause to be operated or who shall attempt to operate or attempt to cause to be operated any automatic vending machine, slot machine, coin box telephone or other receptacle, designed to receive a lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, by means of a slug or any false, counterfeited, mutilated, sweated or foreign coin or by any means, method, trick or device whatsoever not lawfully authorized by the owner, lessee or licensee of such machine, coin box telephone or receptacle or who shall take, obtain or receive from or in connection with any automatic vending machine, slot machine, coin box telephone or other receptacle, designed to receive coins of the United States of America in connection with the sale, use or enjoyment of property or service, any goods, wares, merchandise, gas, electric current, article of value or the use or enjoyment of any telephone or telegraph facilities or service or of any musical instrument, phonograph or other property without depositing in and surrendering to such machine, coin box telephone or receptacle a lawful coin of the United States of America to the amount required therefor by the owner, lessee or licensee of such machine, coin box telephone or receptacle shall be guilty of a misdemeanor. (Prior code § 114-3)

Section 9.08.040 Manufacture and/or sale of slugs for use in coin-operated devices prohibited.
Any person who, with intent to cheat or defraud the owner, lessee, licensee or other person entitled to the contents of any automatic vending machine, slot machine, coin box telephone or other receptacle, depository or contrivance designed to receive a lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, or who, knowing that the same is intended for unlawful use, shall manufacture for sale or sell or give away any slug, device or substance whatsoever intended or calculated to be placed or deposited in any such automatic vending machine, slot machine, coin box telephone or other such receptacle, depository or contrivance shall be guilty of a misdemeanor. (Prior code § 114-4)

Section 9.08.050 Sale of contraceptives through vending machines.
It is unlawful for any person to sell or offer for sale any contraceptive or contraceptive device by means of a vending machine or other automatic device, whether or not such contraceptive or contraceptive device is advertised as such or as a prophylactic, except in places where alcoholic beverages are sold for consumption on the premises. This exception shall not include railroad stations or air and bus terminals. (Prior code § 114-5)

Section 9.08.060 Indecent exposure prohibited.
It is unlawful for any person within the limits of the city wantonly and intentionally to expose his person in such a manner as to be offensive to decency. (Prior code § 114-6)

Section 9.08.070 Injury or destruction of public property.
It is unlawful for any person to injure, remove or destroy any property of any kind, real or personal, in any of the public parks, playgrounds or public places of the city. (Prior code § 114-9)

Section 9.08.080 Defacement and/or injury to parking meters.
It is unlawful for any person to deface, injure, tamper with, destroy or impair the usefulness of any parking meter installed by the city. (Prior code § 114-10)

Section 9.08.090 Defacement and/or injury to electrical fixtures.
It is unlawful for any person to deface, injure, break or cause to be broken any electric lamp, globe, shade, electric light pole or any rope, wire or fixture belonging to the electric light plant or system. (Prior code § 114-11)

Section 9.08.100 Consumption of alcoholic beverages on public property prohibited.
No person shall drink any alcoholic beverage on any street, lane, alley, road, highway, public park or public parking lot within the corporate limits of the city, except as provided for in Sections 9.08.105 and 9.08.106 hereof. (Ord. 1719 (part), 1999)

Section 9.08.101 Possession of alcoholic beverages in open containers.
    A. No person shall possess in an open container any alcoholic beverage while:
    1. On any street, lane, footpath, alley, road, driveway, highway, bridge, sidewalk, plaza, public park or public parking lot;
    2. On the mall, adjacent parking area, or other outside area of any combination of privately owned retail establishments, commonly known as a shopping center, to which the general public is invited for business purposes, unless authorized by the owner of the establishment;
    3. On an adjacent parking area or other outside area of any other retail establishment, unless authorized by the owner of the establishment; or
    4. In any parked vehicle located on any of the places enumerated in this section, unless authorized.
    B. Subsection A of this section does not apply to the consumption of alcoholic beverages by passengers in the living quarters of a motor home equipped with a toilet and central heating or the passengers of a chartered bus in transit if the owner or operator has consented to the consumption of the beverages.
    C. Notwithstanding the provision of subsection A of this section, upon application, the mayor may permit the public possession and consumption of alcoholic beverages pursuant to Sections 9.08.105 and 9.08.106 hereof. (Ord. 1719 (part), 1999)

Section 9.08.105 Consumption of alcoholic beverages by permit.
The drinking of alcoholic beverages is permitted on streets, lanes, alleys, highways, public parks and other public property if the drinking of such beverage is done as a part of a special event, in a designated area, and during a designated time as set forth in a permit granted to the organizers of the special event or to their designees by the mayor of the city, who may set such other conditions as he or she deems appropriate under the circumstances. (Ord. 1719 (part), 1999)

Section 9.08.106 Consumption of alcoholic beverages on public property adjacent to Marina restaurant.
The drinking of alcoholic beverages is permitted on the public property located between the Wicomico River and the Marina restaurant location, the latter being on the southerly side of West Main Street and on the northerly side of the Wicomico River. Said consumption must occur within the east and west property lines of said restaurant and will be permitted only if the alcoholic beverage has been purchased at said restaurant or its dock bar. (Ord. 1719 (part), 1999)

Section 9.08.110 Obtaining alcoholic beverages through misrepresentation or false statement-- Testimony by minors.
Any person under the age of twenty-one (21) years who knowingly and willfully makes any misrepresentation or false statement as to his age and, by reason of such misrepresentation or false statement, obtains any spirituous or fermented liquors from any other person licensed to sell such spirituous or fermented liquors under the laws of the state shall be deemed guilty of a misdemeanor, provided that the testimony given by any minor or person under twenty-one (21) years of age in the prosecution of any person for selling liquor to minors under the laws of this state shall not be used against such minor in prosecution under this section. (Prior code § 114-13)

Section 9.08.120 Obtaining alcoholic beverages for minors.
Any person who obtains any spirituous or fermented liquor from any other person licensed to sell the same for any minor or person under twenty-one (21) years of age, knowing him to be such, to be drunk by such minor or person under twenty-one (21) years of age, shall be deemed guilty of a misdemeanor. (Prior code § 114-14)

Section 9.08.130 Obtaining alcoholic beverages for minors through misrepresentation of minor's age.
Any person who shall knowingly, willfully or falsely represent to any licensed innkeeper, restaurant keeper or any other person engaged in the sale of intoxicating liquors any minor to be of full age for the purpose of inducing any such licensed innkeeper, restaurant keeper or any other person engaged in the sale of intoxicating liquors to sell or furnish any intoxicating liquors to such minor shall be deemed guilty of a misdemeanor. (Prior code § 114-15)

Section 9.08.140 Obtaining alcoholic beverages by minor through misrepresentation of age.
Any person under the age of twenty-one (21) years who shall knowingly and falsely represent himself to be twenty-one (21) years of age to any licensed innkeeper or any other person engaged in the sale of intoxicating liquors for the purpose of procuring or having furnished to him, by sale, gift or otherwise, any intoxicating liquors shall be deemed guilty of a misdemeanor. (Prior code § 114-16)

Section 9.08.150 Exposure of minors to harmful materials.
    A. Definitions. As used in this section, the following terms shall have the meanings indicated:
    "Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse when it:
    1. Predominantly appeals to the prurient, shameful or morbid interest 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;
    3. Is utterly without redeeming social importance for minors.
    "Knowingly" means having general knowledge of, reason to know or a belief or ground for belief which warrants further inspection or inquiry of both:
    1. The character and content of any material described herein which is reasonably susceptible of examination by the defendant; and
    2. The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
    "Minor" means any person under the age of seventeen (17) years.
    "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple or the depiction of covered male genitals in a discernibly turgid state.
    "Sado-masochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
    "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 such person be a female, breast.
    "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
    B. Sale, Loan or Exhibition of Harmful Materials for Monetary Consideration.
    1. It is unlawful for any person knowingly to sell or loan for monetary consideration to a minor:
    a. Any picture, photograph, drawing, sculpture, motion-picture film or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to minors; or
    b. Any book, pamphlet, magazine, printed matter, however reproduced or sound recording which contains any matter enumerated in subsection (B)(1) of this section or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to minors.
    2. It is unlawful for any person knowingly to exhibit for a monetary consideration to a minor or knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor for a monetary consideration to premises wherein there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to minors. (Prior code § 114-17)

Section 9.08.160 Impersonation of members and/or officers of military organizations and lodges.
It is unlawful for any person to falsely impersonate any officer or member of any military or patriotic organizations or of any grand or subordinate lodge or fraternal society chartered or having a grand or subordinate lodge in this state. (Prior code § 114-19)

Section 9.08.170 Prostitution.
    A. In this section the following words have the meanings indicated:
    1. "Assignation" means the making of an appointment or engagement for prostitution or any act in furtherance of the appointment or engagement.
    2. "Bawdy house" means an establishment where prostitution occurs.
    3. "Prostitution" means the offering or receiving of the human body for sexual intercourse for hire or any type of sexual act for hire.
    4. "Public place" means any street, sidewalk, footpath, bridge, alley, plaza, park, driveway, public parking lot, private parking lot used for public purposes, transportation facility, or a motor vehicle in or on any such place.
    B. No person shall loiter, stand or wander about in a public place so as to beckon to, repeatedly stop, repeatedly attempt to engage passersby in conversation, repeatedly stop or attempt to stop motor vehicles, or repeatedly interfere with the free passage of other people for the purpose of engaging in or promoting prostitution or assignation.
    C. No person shall walk, drive, ride or by other means travel over or on any public place within the corporate limits of the city:
    1. Soliciting, by words or conduct, another or others to commit prostitution; or
    2. Endeavoring to induce or permitting another or others to follow, accompany or meet with such person for the purpose of committing prostitution.
    D. No person, being owner thereof or having any interest, estate or right therein, or any agent of such owner, shall lease, lend, sell, give, keep, conduct, use or rent any room, flat apartment, tenement, dwelling house within the corporate limits of the city, for the purpose of prostitution or for use as a bawdy house or by common prostitutes.
    E. No person shall frequent, visit, enter, live in or be found in any bawdy house within the corporate limits of the city for the purpose of engaging in or promoting prostitution.
    F. Any person convicted of violating this section is guilty of a misdemeanor and is subject to a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding six months, or both. (Ord. 1718, 1999)

Section 9.08.210 Speed limit for railroads within city limits.
No person, or the servant, agent or employee of any person, shall drive, operate or propel any railroad engine or locomotive upon any of the railroad tracks within the corporate limits of the city at a rate of speed exceeding thirty-five (35) miles an hour. (Prior code § 114-24)

Section 9.08.220 Resisting or obstructing city officers and employees while performing duties.
Any person who shall resist or obstruct any officer or employee of the city in the discharge of his duty shall be deemed guilty of a misdemeanor. (Prior code § 114-25)

Section 9.08.230 Refusal to pay fare for public transportation.
Any person who engages and accepts transportation in a public taxicab or other vehicle operated as a common carrier, under any conditions whereby the charge therefor is not paid in advance, and who willfully refuses to pay the proper charges at the conclusion of such transportation shall be deemed guilty of a misdemeanor. Nothing in this section shall be construed to prevent the owner or operator of any such common carrier from making a special agreement with the person who engaged and accepted transportation for the subsequent payment of the charges due. (Prior code § 114-26)

Section 9.08.250 Loitering.
    A. It is unlawful for any person to hide, wait or otherwise loiter in the vicinity of any private dwelling house, apartment building or any other enclosure for the purpose of watching, gazing or looking upon the occupants therein for the purpose of invading their privacy.
    B. It is unlawful for any person to loiter in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd and lascivious or any unlawful act.
    C. It is unlawful for any person to lodge in any building, structure or place, whether public or private, without the permission of the owner or person in possession or in control thereof.
    D. It is unlawful for any person to sleep in any public park, public parking lot, public square or public sidewalk area between the hours of dusk and dawn. (Ord. 1721, 1999)