HomeMy WebLinkAboutOrdinance 630 ORDINANCE NO. 630
AN ORDINANCE FOR THE OPERATION OF DRIVE-IN RESTAURANTS AND
DEFINING UNIAWFUL CONDUCT THEREIN.
THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN:
Section 1. Definitions.
a. Drive-~r~ Restaurant.
A drive-in restaurant is any restaurant where meals
sandwiches, cold drinks, ice cream, beverage or other food or drink is served
directly to or is permitted to be consumed in motor vehicles parked on the premises.~.
b. Motor Vehicle. A motor vehicle as defined herein means every device in,
upon, or by which any person or prope~y is or may be transported or drawn upon
a highway, including devices moved by human power.
Section 2. Duty of Owner.
a. The owner, lessee or operator of any drive-in restaurant shall maintain
quiet and good order upon the premises and shall not permit disorderly or immoral
conduct or loitering thereon, nor shall he cause or permit any noise or nuisance
on the parking area of the drive-in restaurant whereby the quiet and good order of
the neighborhood are disturbed.
b. The owner, lessee'or operator of any drive-in restaurant shall provide no
less than two (2) receptacles for receipt of trash, litter, paper napkins, cups and
remnants of food at appropriate locations on the premises.
c. The owner, lessee or operator of any drive-in restaurant shall post on
the premises in a conspicuous location one or more signs bearing the following
legend:
"Cruising in or congregating or loitering outside of a motor vehicle
is unlawful. No unoccupied vehicles ;may be left on the premises
without the consent of the restaurant operator."
Section 3. Forbidden Conduct.
%~hoever does any of the following in a drive-in restaurant is guilty of ..d. isU
orderly~ conduct:
a. Engage in brawling or fighting.
b. Engage in offensive, obscene, or abusive language or in boisterous and
noisy conduct tending reasonably to arouse alarm, anger or resentment in others.
c. Operates, drives, stops, races or parks a motor vehicle carelessly or
heedlessly in disregard of the rights and safety of any other person.
d. Entering the premises of any drive-in restaurant in a motor vehicle and
parking said vehicle and leaving the premises without getting the consent of the
o~vner or operator of said restaurant; in ~vhich event vehicle may be impounded
subject to the usual impounding charges.
e. Entering the premises of any drive-in restaurant in a motor vehicle,
parking the vehicle and leaving it unoccupied for a period in excess of thirty
(30) minutes, ~vithout consent of the o~vner.
Section 4. 13nla~vful Assembly.
%Vhen three or more Persons assemble, each participant is guilty of unlawful
assembly, and may be sentenced to imprisonment for not more than ninety (90)
days or to payment of a fine not to exceed one hundred dollars ($100.00) if the
assembly is:
a. YV-ith the intent to commit any unla~vful act by force; or
b. With the intent to carry out any purpose in such a manner as ~vill disturb
or threaten the public peace; or
c. %^;ithout unla~vful purpose, but the participants so conduct themselves in
a disorderly manner as to disturb or threaten the public peace.
Section $. Intoxicating Liquor and Non-Intoxicating Malt Liquor.
a. It shall be unlawful for any person to consume any alcoholic beverage
v~hile at a drive-in restaurant or ~vhile such person is in a motor vehicle ~vhen
such vehicle is at a drive-in restaurant.
b. No person shall have in his possession, on his person, any bottle or
receptacle containing intoxicating liquor or non-intoxicating malt liquor ~vhich
has been opened, or the seal broken, or the contents of which have been partially
removed while at a drive-in restaurant or while in a motor vehicle when such
vehicle is ag. a drive-in restaurant.
c. tt shall be unlawful for the owner of any private motor vehicle or the driver',
if the owner be not then present in the motor vehicle, to keep or allow to be kept in
a motor vehicle when such vehicle is at a drive-in restaurant any bottle or receptacle
containing int~xi~ating liquors or non-intoxicating malt liquor which has been opened,
or the seal broken, or the contents of which have been parhially except when such
bottle or receptacle shall be kept in the trunk of the motor vehicle when such vehicle
is equipped with a trunk, or kept in some other area of the Mehicle not normally
occupied by the driver or passengers, if the motor vehicle is not equipped with a
trunk. A Utility compartment or glove compartment shall be deemed to be within the
area occupied by the driver and passengers.
Section 6.
That if any section, subsection, paragraph or provision of this ordinance shall
be held invalid for any reason whatsoever, such invalidity shall not affect the re-
maining portions of this ordinance, which shall remain in full force and effect and
to this end the provisions of this ordinance are declared to be severable .
Section 7.
Any person, firm, or corporation found guilty of violating any of the provisions of
this ordinance may be sentenced to imprisonment for not more than ninety (90) days or
to payment of a fine not to exceed one hundred dollars ($100o00).
Section 8.
This ordinance shall take effect and be in force thirty (30) days from and after
its passage.
First Reading: July 11, 1966
Second Reading: August 8, 1966
Offered by: King
Seconded by: Jeska
Roll Call: All Ayes.
Secretary of the Council