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HomeMy WebLinkAbout1965-13 07-06 CCO a� AN ORDINANCE ESTABLISHING STANDARDS FOR THE OPERATION OF DRIVE -IN RESTAURANTS AND DEFINING UNLAWFUL CONDUCT THEREIN THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: Chapter 19 of the Village Ordinances is hereby amended by adding thereto Sections 19 -1101 through 19 -1108, inclusive, to read as follows: Section 19 -1101. DEFINITIONS. a. Drive -In 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 property is or may be transported or drawn upon a highway, including devices moved by human power. Section 19 -1102. 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 dis- orderly 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 vehiclesmay be left on the premises without the consent of the restaurant operator. " Section 19 -1103. FORBIDDEN CONDUCT. Whoever does any of the following in a drive -in restaurant knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct and may be sentenced to imprisonment for not more than ninety (90) days or to payment of a fine of not more than one hundred dollars ($100.00): Section 19 -1103 (Cont'd) a. Engage in brawling or fighting; or 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. Section 19 -1104. The following acts or conduct of any person or persons entering any drive -in restaurant premises are hereby declared to be unlawful, and any person found guilty of any such act may be sentenced to imprisonment for not more than ninety (90) days or to payment of a fine of not more than one hundred dollars ($100.00): a. 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 owner or operator of said restaurant; in which event vehicle may be impounded subject to the usual impounding charges. b. 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, without consent of the owner. Section 19 -1105. UNLAWFUL ASSEMBLY. When three or more persons assemble, each participant is guilty of unlawful assembly, and may be sent- enced 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. With the intent to commit any unlawful act by force; or b. With the intent to carry out any purpose in such a manner as will disturb or threaten the public peace; or c. Without unlawful purpose, but the participants so conduct them- selves in a disorderly manner as to disturb or threaten the public peace. Section 19 -1106. It shall be unlawful for any person to consume any alcoholic beverage on the premises of any drive -in restaurant, and upon conviction for said offense any person may be sentenced to imprisonment for a period not to exceed ninety (90) days or to payment of a fine not to exceed one hundred dollars ($100.00) . Section 19 -1107. 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 remaining 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. II Section 19 -1108. Any person found guilty of violating any of the provisions of this ordinance shall be fined a sum not to exceed one hundred dollars ($100.00) or by imprisonment not to exceed ninety (90) days. Section 2: This ordinance amendment shall be effective from and after its publication. Adopted this 6th day of July 1965. Mayor ATTEST: Clerk