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1712 ORD REGULATING TRAFFIC AND MAINTAINING ORDER IN AND AROUND DRIVE-IN RESTAURANTSORDINANCE NO. 1712 AN ORDINANCE REGULATING TRAFFIC AND MAINTAINING ORDER IN AND AROUND DRIVE-IN RESTAURANTS; PROVIDING WHAT CONDUCT BY ANY PERSON OR PERSONS ENTERING SAID PREMISES IN A MOTOR VEHICLE OF ANy KIND SHALL CONSTITUTE A MISDEMEANOR; PROVIDING A PENALTY FOR PERSONS UNDER TWENTY-ONE (21) YEARS OF AGE POSSESSING OR CONSUMING ALCO- HOLIC BEVERAGES UPON ANY DRIVE-IN RESTAURANT PREMISES; PROVIDING AND DECLARING THE LITTERING OF THE PREMISES OF ANY DRIVE-IN RESTAURANT A MISDEMEANOR; PROVIDING FOR DRIVE-IN RESTAURANT OPERATORS PROVIDING FOR TRASH CONTAINERS AND PROPER SIGNS REGU- LATING THE CONDUCT OF PERSONS USING SAID DRIVE-IN RESTAURANTS; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OR PENAL- TIES; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE IMMEDIATELY UPON PASSAGE AND PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS; Section 1. A drive-in restaurant, within the meaning of this ordinance shall be deemed to be any restaurant where meals, sandwiches, cold drinks, beverages, ice cream or other food is served directly to or is permitted to be consumed by patrons in automobiles, motorcyclesa or other vehicles parked on the pre- mises. For the purpose of preserving public peace, health an d safety on and around said drive-in restaurant, the entire pre- mises occupied by a drive-in restaurant, together with means of ingress thereto and egress therefroma are hereby declared to be a public place. Section 2. The ownera lessee, oraperator of any drive-in restaurant shall maintain quiet and good order upon the premises and shall not permit disorderly or immoral conduct or loitering thereona nor shall he cause or permit any noise or nuisance on the parking area of the drive-in restaurant, or the means of in- gress and egress, whereby the quiet and good order of the neigh- borhood are disturbed. Sectinn 3. No person on the premises of a drive-in res- taurant shall race the motor of any motor vehiclea needlessly bring to a sudden start or stop any motox vehiclea unnecessarily blow any horn of any motor vehiclea or cause to be made any other loud or unseemly noise, nuisance or disturbance, whereby the quiet and good order of the premises of the neighborhood are disturbed. Section 4. It shall be unlawful for any person under the age of twenty-one (21) years, to possess or consume any alco- holic beverage while in or upon the premises of any drive-in restaurant, unless at the time of such possession or consumption such person under the age of twenty-one (21) years is accompanied by his or her parent, guardian, adult husband or adult wife, or other adult person into whose custody he or she has been com- mitted for the time by some courta who is actuallya visibly and personally present at the time such alcoholic beverage is pos- sessed or consumed by such person under the age of twenty-one (21) years, and upon conviction thereof said person shall be fined in a sum of not less than Ten ($10.00) Dollars or more than One Hundred ($100.00) Dollars. Section 5. It shall be unlawful for any person of whatever age, to bring on the premises of any drive-in restaurant any al- coholic beverage and attempt to consume or consume same with or without the purchase of any food on the premises of such drive- in restaurant. Any person convicte3 of a violation of this section shall be fined in an amount not to exceed Fifty ($50.00) Dollars. Section 6. The following acts or conduct of any person or persons entering any drive-in restaurant premises are hereby de- clared to be unlawfula and any person found guilty of any such act shall be guilty of a misdemeanor and upon conviction shall be fined by the provisions of this ordinance: (a) To enter the premises of any drive-in restaurant in a motor vehicle of any description and park said vehicle and leave the premises without getting the consent of the owner or operator --)fsaid restaurant; in which event said vehicle ma;v be impounded subject to the usual impounding charges. (b) To enter said premises in a motor vehicle of any kind and using said premises .for cruising, rac- inga as a shortcut to another street or to annoy or endanger any person or persons or other vehicle ar vehicles lawfully on said premises. (c) For three (3) or more persons to congregate on the premises and linger or loiter at any location on the premises of any drive-in restaurant other than in the restaarant buil3ing or in a legally parkA3 motor vehicle. Section 7. It is hereby declared to be a duty of the owner or operator of a drive-in restatxr_ant to provide not less than two (2) receptacles for_ the receipt of trash, littera paper, napkins, cups and remnants of food at each exit, avail- able to t.L~lr patrons as t:ney leave -the premises. Failure of the owner or operator of a drive-in restaurant to provide such re- ceptacles shall constitute a misdemeanor, and any person upon conviction thereof shall be fined as provided in this ordinance. Section 8. It shall be unlawful for any patron of a drive-in restaurant to throw or deposit any of the litter men- tioned in the prece3ing section aazywher2 on the grounds or on the streets of the City of Paris save and except in the re- ceptacles provided therefor. Any person violating this provi- sion of this o.rdinance shall be guilty of a misdemeanor, and upon conviction shall be fined as provided for in this ordinance. Section 9. Any person while on the pre.ati5e5 pf any drive- in restaurant who shall in the presence or hearing of another curse or abuse such person or use any violently abusive language to such person concerning him or any of his female relatives under circumstances reasonably calculated to provoke a breach of the peacea sha.ll be fined not more than One Hundred ($100.00) Dollars. Section 10. Any persona who while on the pxemises of any drive-in restaurant shall use lou3 and vociferousa or obscene, vulgar or indecent language or swear or cursea or yell or shriek in a manner calculated to disturb the person or persons present at such place, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding Two Hundred ($200.00) Dollars. Section 11. It is declared to be the intention and pur- pose of this ordinance not to repeal any other ordinance or ordinances now in effect applicable to premises such as drive- in restaurants and it is hereby declared that the purpose of this ordinance is to make this ordinance cumulative with all other such applicable ordinances; provided, however, that any conflict in language between this ordinance and any other or- dinance or ordinances applicable to drive-in restaurants, the language of this o.rdinance shall prevail. Section 12. It shall be the duty of the restaurant opera- tor to post on the premises in a conspicuous location one or more signs bearing the following legend: "CRUISING IN OR CONGREGATING AND LOITERING OUTSIDE OF A MOTOR VEHICLE IS UNLAWFUL. NO UNOCCUPIED VEHICLES MAY BE LEFT ON THESE PREMISES WITHOUT THE CONSENT OF THE RESTAURANT OPERATOR." Section 13. That if any section, subsection, paragraph or provision of this o.rdinance shall be held invalid for any rea- son whatsoever, such invalidity shall not affect the remaining portions of this ordinancea which shall remain in full force and effect, and to this end the provisions of this ordinance are declared to be severable. Section 14. Any person found guilty of violating any of the provisions of this ordinance shall be fined a sum not to exceed Two Hundred ($200.00) Dollars; provided, however, that if any section or subsection of this ordinance provides for a specific penalty for a particular violation, such penalty shall apply to such particular violation. Section 15. Al1 ordinances or parts of ord.inances in con- fhct herewith are hereby repealed. Section 16. This ordinance shall become effective imme- diately upon passage and publication. Passed and adopted this 12th day of April, A.D., 1965. ~ i - - - ~ r ~ Mayor ATTEST: City Clerk APPRQVED'AS ~ City Attorney. Pub"t i :~1,10u -'n I'~~ cn ~'L'Z !.T'L 3Y, C'a's"tGr