It shall be unlawful for any person to wander, lounge, loaf, loiter or play in, about or upon any public street, alley, sidewalk, vacant lot, parking lot, park, playground, public place or other place normally accessible to the general public for public use, whether on foot, in a vehicle, or by any other means, as follows:
(a) Under the age of 16 years, after the hour of 12:00 midnight and before the hour of 6:00 a.m.
(b) Under the age of 18 years and one day, after the hour of 12:30 a.m. and before the hour of 6:00 a.m.
The curfew shall not apply to those children who are:
(a) Accompanied by a parent or legal guardian.
(b) In route by the most direct and accessible route from their homes to an authorized place of employment; or
(c) In route by the most direct and accessible route from an authorized place of employment, authorized place of entertainment, or authorized place of attendance to their residences.
The term authorized as used in this article shall denote prior authorization by a parent or legal guardian.
It shall be unlawful for any parent or legal guardian of any child under the age of 18 years to suffer, permit or allow such child to wander, lounge, loaf, loiter of play in, about or upon any public street, alley, sidewalk, vacant lot, parking lot, park, playground, public place or other place normally accessible to the general public for public use, during the hours of curfew applicable to such child in violation of Section 11-201.
The governing body of the city, on specific occasions and in response to written request, shall have the authority to suspend the hours of curfew stated in Section 11-201.
Any person convicted of violating the terms of this article shall be sentenced to a term of confinement in the Marshall County jail, which term shall be fixed by the court and shall not exceed thirty days. In addition to or instead of the confinement, a person may be sentenced to pay a fine which shall not exceed $500.00.
Trespass upon city property is entering or remaining upon realty owned or leased by the city without permission, when the realty is marked or posted with no trespassing signs in a manner reasonably likely to come to the attention of intruders, or are locked, fenced, otherwise enclosed, shut or secured against passage or entry.
Conviction of the offense of trespassing upon city property shall be punishable by 30 days in jail and by a fine not less than $25.00 nor more than $100.00 for the first such conviction. Each subsequent conviction of the offense of trespass upon city property shall be punishable by jail confinement not to exceed 6 months and by a fine of not less than $100.00 nor more than $500.00.
No person shall intentionally or recklessly throw, place, drop or deposit or cause to be deposited any object or substance into, upon or about:
(a) Any public street, highway, alley, road, right-of-way, park or other public place, or any lake, stream, watercourse, or other body of water, except by direction of some public officer or employee authorized by law to direct or permit such acts.
(b) Any private property without the consent of the owner or occupant of such property.
(c) Littering shall be deemed an unclassified misdemeanor offense, punishable by a fine not to exceed $500.00 and confinement in jail not to exceed 30 days.
(Ord. 1723, Secs. 1:2; Code 2011)
(a) No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway shall operate or attempt to operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of 100 feet or more from the vehicle.
(b) Sound amplification system means any radio, tape player, compact disc player, loud speaker or other electronic device used for the amplification of sound.
(c) Plainly audible means any sound produced by a sound amplification system from within the vehicle which can be heard at a distance of 100 feet or more. Measurements standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.
(d) It is an affirmative defense to the charge under this section that the operation was not otherwise prohibited by law from operating the sound amplification system and that any or any of the following apply: (i) The system was being operating to request medical or vehicular assistance to warn of a hazardous road conditions; (ii) The vehicle was an emergency or public safety vehicle; (iii) The vehicle was owned and operated by the City of Marysville or a gas, electric, communications or refuse company. (iv) The system was used for the purposes of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in compliance with ordinances of the City of Marysville, and (v) The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical production, and other activities
No person shall operate a motor-driven cycle, including without limitation, any motorized-type scooter or other motor-driven cycle, upon any street, road, or highway in this city without a valid driver’s license. Upon conviction, such person shall be sentenced to not more than 10 days in jail and/or fined not more than $200 or either fine and imprisonment.
(a) Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection.
(1) Mask or other face covering means a covering of the nose and mouth that is secured to the head with ties, straps, or loops over the ears or is simply wrapped around the lower face. A mask or other face covering can be made of a variety of synthetic and natural fabrics, including cotton, silk, or linen. Ideally, a mask or other face covering has two or more layers. A mask or other face covering may be factory-made, sewn by hand, or can be improvised from household items such as scarfs, bandanas, t-shirts, sweatshirts, or towels.
(2) Public space means any indoor or outdoor space or area that is open to the public; this does not include private residential property or private offices or workspaces that are not open to customers or public visitors.
(b) All persons in the city shall cover their mouths and noses with masks or other face coverings when they are in the following situations:
(1) Inside, or in line to enter, any indoor public space;
(2) Obtaining services from the healthcare sector in settings, including but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank, unless directed otherwise by an employee thereof or a health care provider;
(3) Waiting for or riding on public transportation or while in a taxi, private car service, or ride-sharing vehicle; or,
(4) While outdoors in public spaces and unable to maintain a 6-foot distance between individuals (not including individuals who reside together) with only infrequent or incidental moments of closer proximity.
(c) The persons responsible for all businesses or organizations in the city must require all employees, customers, visitors, members, or members of the public to wear a mask or other face covering as follows:
(1) Employees, when working in any space visited by customers or members of the public, where distancing of six feet at all times is not possible;
(2) Employees, when working in any space where food is prepared or packaged for sale or distribution to others;
(3) Employees, when working in or walking through common areas, such as hallways, stairways, elevators, and parking facilities;
(4) Customers, members, visitors, or members of the public, when in a facility managed by the business or organization; or
(5) Employees, when in any room or enclosed area where other people (except for individuals who reside together) are present and are unable to maintain a 6-foot distance except for infrequent or incidental moments of closer proximity.
(d) The following individuals are exempt from wearing masks or other face coverings in the situations described in subsections (a) and (b):
(1) Persons age five years or under--children age two years and under in particular should not wear a face covering because of the risk of suffocation;
(2) Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering-this includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance;
(3) Persons who are deaf or hard of hearing, or communicating with a person who is deaf or hard of hearing, where the ability to see the mouth is essential for communication;
(4) Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines;
(5) Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service;
(6) Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided they maintain a 6-foot distance between individuals (not including individuals who reside together or are seated together) with only infrequent or incidental moments of closer proximity;
(7) Athletes who are engaged in an organized sports activity that allows athletes to maintain a 6-foot distance from others with only infrequent or incidental moments of closer proximity;
(8) Persons who are engaged in an activity that a professional or recreational association, regulatory entity, medical association, or other public-health-oriented entity has determined cannot be safely conducted while wearing a mask or other face covering;
(9) Persons engaged in a court-related proceeding held or managed by the Kansas Judiciary; and,
(10) Persons engaged in any lawful activity during which wearing a mask or other face covering is prohibited by law.
(e) USD 364 shall be exempt from this ordinance as they are governed by Kansas State High School Activities Association.
(Ord. 1894; Ord. 1896; Ord. 1897)
(a) A violation of any provision of Section 11-212 shall be punished as follows:
(1) A person found in violation of 11-212 shall be punished with a fine of $20.
(2) A business found in violation of 11-212 shall be punished with a fine of $50.
No court costs shall be assessed as a result of conviction.
The person responsible for any business or organization that does not comply with Section 22-71(b) includes a sole proprietor, or any officer, partner, member, manager, director, or other supervisor for the business or organization. who may be held jointly and severally responsible for such violation with respect to any enforcement of the violation.
(Ord. 1894; Ord. 1896; Ord. 1897)
The provisions of Section 11-212 through Section 11-213 of the city code shall be in effect until 11:59 p.m. on May 1, 2021.
(Ord. 1894; Ord. 1896; Ord. 1897)
The municipal court shall have the authority to double the maximum fine allowed for repeat offenders of the public offense code and shall have the authority to triple the maximum fine allowed under this code upon 3 or more convictions of the same offense by the same person.
(Code 2020)