Actual Wording Of New Ordinance in LH

[UncleLarry]

Monday July 19th the ordinance goes into effect...
Note nothing about dancing on your boat or mooring spaces..
Offenses Against Public Peace (http://www.411havasu.com/newlaw.htm)

[HMF'er]

WOW, and I thought there were already laws in place that prohibited public drunkeness, nudity, fighting, loud noise, etc. Why do they need more of the same?

[UncleLarry]

So they say ..... the CITY never had any of these laws it was the state laws they would enforce.. Why do they need city laws? Why do we need any city laws....

[Kilrtoy]

Well somebody better let LHCPD know dancing is OK
http://www.ceridian.com/www/content/10/12455/12486/12749/2006_az_hb_2376.pdf

[Psycho Squid]

HARVEY SUCKS!!! " Like a Hoover " That's my opinion what's yours....... :mad:

[UncleLarry]

we can use all your help annoucement tomorrow Monday

[CityGuy]

Larry, you're about a month too early on when the ordinance goes into effect. In fact, it will likely officially go into effect on or about August 17 (30 days after posting, which will probably be today 7-17).
For some reason, probably misunderstanding or misinterpretation, this new ordinance is getting a lot of negative attention. The ordinance is being enacted simply to give the LEOs more flexibility to arrest people who are being so obnoxious that the people around them are complaining. How can that be a bad thing?
Most folks may not be aware that Arizona state law does not prohibit being intoxicated in public, which can limit the options available to a police officer dealing with a drunk. This new ordinance simply prohibits public intoxication in Lake Havasu City and allows the police to arrest someone who is offending others around them by being drunk, and/or playing offensive music too loud, and/or exposing themselves in an offensive or indecent manner, and/or any number of other offensive behaviors.
I am sure everyone reading this can think of at least one instance where someone nearby was acting like such a total jerk that they wished the cops would take him away before he ruined everyone's day. Chances are good that the cops were aware and felt the same way about the guy, but unfortunately, it's not illegal to be drunk and act like a jerk under state law. This ordinance changes that in LHC and now the cops can remove the moron who is offending others around him.
I hope this helps clarify this issue...
Charlie

[Wet Dream]

Monday July 19th the ordinance goes into effect...
Oh Yeah? Of what year? Today is Monday, July 17th.

[bignet]

WOW, and I thought there were already laws in place that prohibited public drunkeness, nudity, fighting, loud noise, etc. Why do they need more of the same?
B/C they've got nothing else better to do! That's good news about the dancing on boats myth that was going around...we'll see.
bignet

[It's Only Money]

Who decides "reasonable"? Who do you know can be described as a "reasonable person"? This is the morality police imposing their will upon the non-vocal majority.
Some interesting tidbits:
From the Arizona Revised Statutes:
13-105(20) - Definititions:
20. "Intoxication" means any mental or physical incapacity resulting from use of drugs, toxic vapors or intoxicating liquors.
13-1402. Indecent exposure; classifications
A. A person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple of her breast or breasts and another person is present, and the defendant is reckless about whether such other person, as a reasonable person, would be offended or alarmed by the act.
B. Indecent exposure is a class 1 misdemeanor. Indecent exposure to a person under the age of fifteen years is a class 6 felony.
I wonder if jacking off a dog would qualify under this ordinance...didn't one active board member do this publically? I guess he shouldn't do it in the channel.
If I read the AZ Statutes correctly, the Class 6 felony of indecent exposure in front of a minor requires a minimum of 6 months and a maximum of 1-1/2 years. Just think...a college age beauty who pops that nipple out in front of a 14 y.o. boy can get 18 months! Damn.

[River918]

I have no problem with the law as long as they enforce it against EVERYONE...By this I mean the boat load (or beach load) of 18th street gangsters that they normally are to afraid to deal with as well as the mom and pop that might enjoy a little gangsta rap (or any music that might drop an "F-Bomb" here and there) on the weekend.....
Maybe they should save a little money on adopting new laws and send some of their officers to a "Street Gang" or "Drug Recognition" school(s)....They need to address the growing number of gangsters that hang out in the city (and channel) before it gets out of control....

[lawbreaker2]

You know one side of me thinks this is ok, the other side think this is wrong, for one, I'm sure we have all seen someone being a ididit, I have, but does'nt mean we should toss his ass in jail for have a little fun, NOW he is not drunk and just trying to have a little fun, where do they draw the line, I go to car show all the time and I see these kids getting loud, but do any of them mean any harm, maybe maybe not, they are just out to have a little fun, did'nt you do these same things when you were young, Now if someone is so drunk that he can't stand up and is yelling at eveybody than yes get him out of there, will this keep me from visting havasu, most likely not, but If I come there and get messed with from the cops for no good reason, then I won't be coming back, If I want to get messed with by the cops I'll keep my ass back here in ohio, they do a pretty good job of that. :rolleyes:

[lawbreaker2]

Let's just hope they use this tool in the right way, and keep havasu a fun place to go to and let your hair down. :cool:

[havasurat27]

print this ord. and keep it with them on the boat. In fact we should probably keep copies of all of these new rules that the chiefs keep thinking up because I would think that even the LE gets them confused.

[lawbreaker2]

Are the drug realy that bad out there, or are you guys just makeing it a big deal, I mean the state trooper are busting car load of drug up here going acrossed our fine state, but its no big deal to us. I seen then with a car on the side of the road the other day with 10 duffel bags filled with coke, And this meth stuff you guys talk about, I'm not sure what that is or even looks like, And I don't know if it is anything big up here yet, Heck right down the road from my mom&dad house out in farm land, they busted a house growing that green grass stuff in the barn and the house, the barn was a 80X130 with all the light and venting and shit. :rolleyes: My mom never smelled anything, could be why she was feeling good all these years. :D

[RiverDave]

Larry, you're about a month too early on when the ordinance goes into effect. In fact, it will likely officially go into effect on or about August 17 (30 days after posting, which will probably be today 7-17).
For some reason, probably misunderstanding or misinterpretation, this new ordinance is getting a lot of negative attention. The ordinance is being enacted simply to give the LEOs more flexibility to arrest people who are being so obnoxious that the people around them are complaining. How can that be a bad thing?
Most folks may not be aware that Arizona state law does not prohibit being intoxicated in public, which can limit the options available to a police officer dealing with a drunk. This new ordinance simply prohibits public intoxication in Lake Havasu City and allows the police to arrest someone who is offending others around them by being drunk, and/or playing offensive music too loud, and/or exposing themselves in an offensive or indecent manner, and/or any number of other offensive behaviors.
I am sure everyone reading this can think of at least one instance where someone nearby was acting like such a total jerk that they wished the cops would take him away before he ruined everyone's day. Chances are good that the cops were aware and felt the same way about the guy, but unfortunately, it's not illegal to be drunk and act like a jerk under state law. This ordinance changes that in LHC and now the cops can remove the moron who is offending others around him.
I hope this helps clarify this issue...
Charlie
Charlie I have a question.. If I'm playing music loud in a boat that is somehow deemed offensive to a cop then I can get arrested, fined 2500.00 and up to 6 months in jail?
That doesn't seem a tad outta whack with regards to punishment fitting the crime. Is it even a crime? I'm confused and honestly kinda scared to turn a radio on in the channel when I visit there next time.
RD

[Kilrtoy]

Larry, you're about a month too early on when the ordinance goes into effect. In fact, it will likely officially go into effect on or about August 17 (30 days after posting, which will probably be today 7-17).
For some reason, probably misunderstanding or misinterpretation, this new ordinance is getting a lot of negative attention. The ordinance is being enacted simply to give the LEOs more flexibility to arrest people who are being so obnoxious that the people around them are complaining. How can that be a bad thing?
Most folks may not be aware that Arizona state law does not prohibit being intoxicated in public, which can limit the options available to a police officer dealing with a drunk. This new ordinance simply prohibits public intoxication in Lake Havasu City and allows the police to arrest someone who is offending others around them by being drunk, and/or playing offensive music too loud, and/or exposing themselves in an offensive or indecent manner, and/or any number of other offensive behaviors.
I am sure everyone reading this can think of at least one instance where someone nearby was acting like such a total jerk that they wished the cops would take him away before he ruined everyone's day. Chances are good that the cops were aware and felt the same way about the guy, but unfortunately, it's not illegal to be drunk and act like a jerk under state law. This ordinance changes that in LHC and now the cops can remove the moron who is offending others around him.
I hope this helps clarify this issue...
Charlie
Im a little lost here,
If some one complains to the police and the complaint is valid why cant the police deal with it.... Im sure laws are already in place
Being a jerk or obnoxious is now a crime in havasu??????
Offensive music, because BANDA LATINO tang music is very offensive to me, does that mean these guy will now go to jail....
This new garbage that has been enacted, is just that, Garbage.
The city is wasting to much time on trival issues when we have serious QUALITY OF LIFE ISSUES that are adversley affecting the city. But yet the Mayor, City Council and Police Department continue to allow it to fester and grow....

[River918]

An ordinance of the Mayor and City Council of Lake Havasu City, Arizona. Amending Chapter 9.12 Lake Havasu City Municipal Code, Entitled “Offences Against Public Peace”. By adding new section 9.12.070 Prohibiting individuals who are intoxicated and/or who are violent, seriously disruptive, unreasonably loud or who utter abusive, obscene or offensive language, or engage in indecent exposure, remaining in any public place as defined herein and prescribing penalties for the violation thereof. Be it ordained by the Mayor and City Council Of Lake Havasu City, Arizona that chapter 9.12 of the Lake Havasu City Municipal Code is amended by the addition of new section 9.12.070 to read as follows” Section 9.12.070 Offensive Conduct In Public Places.
Definitions 1. “Intoxication” shall have the same meaning for the purpose of interpreting this section as that term as defined in Section 13-105(20) Arizona Revised Statues. 2. “Indecent Exposure” is defined for purpose of interpreting this section by Section 13-1402 Arizona Revised Statues. 3. “Public Place” means any street, highway, alley, sidewalk, parking lot, school, park, public playground, public recreation, public right of way or any other place that is publicly or privately owned, that is commonly used by the public for vehicular, watercraft or pedestrian traffic.
Offensive Conduct In Public Places Prohibited it is unlawful for any person to be intoxicated, or to engage in behavior that is violent, seriously disruptive, or unreasonably loud, or to utter language which a reasonable person would consider obscene, offensive or abusive, or to engage in indecent exposure in a public place.
Penalties 1. Any person violating any provision of this ordinance shall be guilty of a Class One Misdemeanor and upon conviction thereof: shall be punished by a fine not to exceed two thousand five hundred dollars ($2,500) or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. 2. Any penalty assessment levied by the City Magistrate pursuant to sections 12-116.01 and/or 12-116.01 of the Arizona State Statues or other applicable law, shall not be considered as part of the fine for purposes of determining the minimum fine to be imposed.
Passed and adopted by the Mayor and City Council of Lake Havasu City, Arizona this 17thday of July 2006.
Can I get a list of the words that will cost me jail time or $2,500.00...?

[h2oski2fast]

An ordinance of the Mayor and City Council of Lake Havasu City, Arizona. Amending Chapter 9.12 Lake Havasu City Municipal Code, Entitled “Offences Against Public Peace”. By adding new section 9.12.070 Prohibiting individuals who are intoxicated and/or who are violent, seriously disruptive, unreasonably loud or who utter abusive, obscene or offensive language, or engage in indecent exposure, remaining in any public place as defined herein and prescribing penalties for the violation thereof. Be it ordained by the Mayor and City Council Of Lake Havasu City, Arizona that chapter 9.12 of the Lake Havasu City Municipal Code is amended by the addition of new section 9.12.070 to read as follows” Section 9.12.070 Offensive Conduct In Public Places.
Definitions 1. “Intoxication” shall have the same meaning for the purpose of interpreting this section as that term as defined in Section 13-105(20) Arizona Revised Statues. 2. “Indecent Exposure” is defined for purpose of interpreting this section by Section 13-1402 Arizona Revised Statues. 3. “Public Place” means any street, highway, alley, sidewalk, parking lot, school, park, public playground, public recreation, public right of way or any other place that is publicly or privately owned, that is commonly used by the public for vehicular, watercraft or pedestrian traffic.
Offensive Conduct In Public Places Prohibited it is unlawful for any person to be intoxicated, or to engage in behavior that is violent, seriously disruptive, or unreasonably loud, or to utter language which a reasonable person would consider obscene, offensive or abusive, or to engage in indecent exposure in a public place.
Penalties 1. Any person violating any provision of this ordinance shall be guilty of a Class One Misdemeanor and upon conviction thereof: shall be punished by a fine not to exceed two thousand five hundred dollars ($2,500) or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. 2. Any penalty assessment levied by the City Magistrate pursuant to sections 12-116.01 and/or 12-116.01 of the Arizona State Statues or other applicable law, shall not be considered as part of the fine for purposes of determining the minimum fine to be imposed.
Passed and adopted by the Mayor and City Council of Lake Havasu City, Arizona this 17thday of July 2006.
Wow, I could go to jail for telling a buddy to "Grab me a focking beer."....
I don't see how they could make that stand in a court of law. Doesn't it violate the 1st ammendment of the United States constitution?

[CityGuy]

Charlie I have a question.. If I'm playing music loud in a boat that is somehow deemed offensive to a cop then I can get arrested, fined 2500.00 and up to 6 months in jail?
Not likely.
Cops will not arrest you just because they are offended by whatever it is you are doing. Understand that I am not a cop, but I work with them on a daily basis and it was explained to me that an officer cannot consider themselves a victim when it comes to making an arrest. Therefore, it stands to reason that if a citizen approaches an officer and complains about an offender, the officer will then contact the offender and in most cases, will simply ask them to stop the activity or leave.
I know most officers would rather gain your compliance than spend the better part of an hour booking you into the system and arranging for your transportation to jail. If that does happen, however, chances are good that you were given several opportunities to avoid it, but made other choices.
Charlie

[Kilrtoy]

Not likely.
Cops will not arrest you just because they are offended by whatever it is you are doing. Understand that I am not a cop, but I work with them on a daily basis and it was explained to me that an officer cannot consider themselves a victim when it comes to making an arrest. Therefore, it stands to reason that if a citizen approaches an officer and complains about an offender, the officer will then contact the offender and in most cases, will simply ask them to stop the activity or leave.
I know most officers would rather gain your compliance than spend the better part of an hour booking you into the system and arranging for your transportation to jail. If that does happen, however, chances are good that you were given several opportunities to avoid it, but made other choices.
Charlie
So what you are saying is that they(POLICE) will have to get a signed complaint against the alleged violator, which of course the officer will be happy to show the alleged violator, and this complaintant will show up in court to testify against you. CORRECT, seeing in all how the police can not be offended or the victim

[CityGuy]

I am not at liberty to engage in a debate over this matter, however, I am happy to provide whatever information is available to help your understanding. Below is the text from the LHC Police Department Training Bulletin relating to the new ordinance. I am sharing it with all of you so you will have a better understanding of the issue as it relates to law enforcement.
Charlie
On July 11, 2006 City Council adopted Ordinance 9.12.070, “Offensive Conduct in Public Places”. This ordinance was designed to provide us an additional tool for controlling unruly behavior in Bridgewater Channel and all other public places in the city. As with any other statute or ordinance, officers must use proper discretion, common sense and impartiality when making enforcement decisions.
The ordinance includes definitions for “Intoxication”, “Indecent Exposure”, and “Public Place” that are taken directly from state statute. The text of the ordinance reads, “It is unlawful for any person to be intoxicated, or to engage in behavior that is violent, seriously disruptive, or unreasonably loud, or to utter language which a reasonable person would consider obscene, offensive or abusive, or to engage in indecent exposure in any public place.”
The prohibition on being intoxicated in a public place is the most significant new enforcement tool this ordinance brings to us. The intent of our enforcement policy will be to address those situations where an intoxicated person is a danger to himself or others, or engages in behavior that is seriously disruptive, but may not have yet risen to the level sufficient for a Disorderly Conduct arrest. If making an arrest for public intoxication, Officers will need to articulate what behavior(s) brought their attention to an intoxicated arrestee. Examples may include yelling, obvious staggering, abusive language, vomiting, semi or full unconsciousness. Offering of P.B.T. or intoxilyzer tests are encouraged following an arrest for public intoxication, but not mandatory. Officers are directed to be cognizant of Operations Order 97.4.3D if they suspect the person may be over .35% B.A.C.
As with many other laws that address behavior, Officers are tasked with determining what actions and speech fall outside the protections of the First Amendment. For example; dancing in a provocative manner is not illegal, masturbatory groping of the dance partner or simulating a sex act is. Holding a sign that makes a statement such as, “I love sex” is not illegal, but holding a sign that solicits another person to engage in any sexual offense is a violation of the A.R.S. “Loitering” statute. Much of today’s commercially available music contains offensive language. Determining when that music constitutes a violation of this statute should be taken in context of the entirety of circumstances. Are other people obviously upset by a combination of extremely loud volume and repeated vulgar language? Have you received complaints from parents with children who are nearby? Witnesses or complaining parties should be identified in your arrest reports whenever possible. Officers should consult a supervisor if they have any doubt regarding First Amendment issues.

[River918]

Thanks Charlie....
I like that the Police Department is providing guidlines for the officers to follow. Now, we just hope that the officers will use these guidlines and "common sense" when enforcing the laws. As I have stated before: I am for anything that will make the channel a safe place for boaters to be; I just feel that the Officers need to use common sense and good communication skills when not only enforcing the laws, but educating the public as to their meanings.
There's a big difference between "Letter of the Law" and "Spirit of the Law."

[CityGuy]

So Charlie, Mr City Guy, why don't you print up (LOTS) what you just posted and run copies over to Site Six, Windsor, Lake Havasu Marina, Cattail Cove, Havasu Springs and Black Meadow Landings so they may be handed out to all boaters over the next month or so, so everyone is made aware of this, also maybe you could suggest a full page add in the local newspaper for all to read, this plus word of mouth should get the message out.
Thanks for the suggestion.
Much of it is already done, but I used a fact sheet that contains the following:
-- What is the purpose of this new ordinance?
The ordinance makes it a crime for any person to be intoxicated, or to engage in behavior that is violent, seriously disruptive, or unreasonably loud, or to utter language which a reasonable person would consider obscene, offensive or abusive, or to engage in indecent exposure in any public place within Lake Havasu City limits.
-- Who determines what is obscene, indecent, offensive, intoxicated, etc.?
State law already defines intoxication and indecent exposure, and this ordinance recognizes those existing laws. The ‘reasonable person’ standard is commonly applied by law enforcement officers and the courts to determine whether an act is obscene, offensive, or abusive.
-- Don’t these laws already exist? Why is this ordinance necessary?
State law does not currently prohibit public intoxication, so this ordinance provides an additional tool that Lake Havasu City police officers can use to maintain peace in the community by removing offensive behavior from public places. This ordinance enhances existing laws by giving officers greater flexibility to make an arrest when responding to complaints by citizens who are offended by drunken, loud, or other objectionable behavior in a public place.
-- What happens if I am arrested under this ordinance?
If you are arrested under this section of the Municipal Code, you will be charged with a Class 1 misdemeanor and taken into custody. You will have an initial hearing before the City Magistrate Judge, who, depending on your plea, will make a judgment or set a future trial date. If convicted, you may be fined up to $2,500 or imprisoned for up to six (6) months, or both.
-- Isn’t this just going to drive people away from Lake Havasu City?
We don’t think so. We believe the prudent and appropriate application of this ordinance will improve the Lake Havasu City experience, making it even more attractive for families and people who prefer to enjoy themselves responsibly.
Charlie

[Boozer]

"As with any other statute or ordinance, officers must use proper discretion, common sense and impartiality when making enforcement decisions."
I have many friends who are Havasu locals. They are close friends with much of Lake Havasu's law enforcement. I have met and hung out with (partied) many of Havasu's finest. While just about all of the officers I have met are nice and fairly honest guys the thought of them having this type of discretion is very scary to me. For those of you who frequent Havasu with your families I would be MORE then concerned about them having this type of discretion.
The same officers who get to decide if what you are doing is illegal are the same officers I have seen engage in activities that make me question the amount of common sense that they posess. Here's an example. Drunk guy stumbles out of a popular night spot and is by himself, noone in the direct vicinity to see what is exactly taking place and the cops had a hard on for him for whatever reason. One of the officers shot the guy with a tazer gun, then hand cuffed him and hauled him off. I don't know what they charged the guy with but he was charged with something. Mind you at the time the guy was doing nothing wrong just stumbling drunk by himself.
Based on what I have seen and experienced first hand I can think of many situations that can and will get out of control because an officer is having a bad day. The police can and WILL abuse their new level of authority and innocent people can and WILL be victimized.
A good majority of the problems taking place in Havasu are being caused by the low life riff raff that resides in Havasu. These low lifes are friends with the local authorities and are NOT going to be the people affected by these laws.
I can think of 1,000's of examples where the cops can now bust you because you are doing nothing more then having a good time.

[lawbreaker2]

If you make to much money, the gov. wants it, the cops want it, the stores want it, now we don't have that much money anymore and we are having way to much fun so they want to take that away from us to now. There will be a day when all you are going to do is wake up go to work and not talk and come home and lock yourself in your home and do nothing, Hell I seen laws now where you can't even have a project car in the garage not running, they will give you 5 days to get running and then they will tow it OUT of your garage. Befor long they will come into your home and tell you what kind of wall color you can have, don't want to offend the robber. :rolleyes:

[ThongMagnet]

A sign that says "show me your TITS" is illegal.
A sign that says "Show me your pasties" is legal.
Did I get this right?????
:rollside: :rollside: :rollside:

[River918]

How about "show me your pasty tits?"

[Havasu1986]

What does 918 stand for. I seen a plate in Brea that said 918wyfe

[Kilrtoy]

Im wondering why City GUY wont answer my questions......
the advisor bulletin is very vague. I still believe in order to have such said arrest you will need a complaint and a signed complaint prior to the factual arrest, that such said offense is a misdemeanor.
And I honestly hope that COMMON SENSE is used when enforcement is occurring :boxed:

[slowinhavasu]

Im wondering why City GUY wont answer my questions......
the advisor bulletin is very vague. I still believe in order to have such said arrest you will need a complaint and a signed complaint prior to the factual arrest, that such said offense is a misdemeanor.
And I honestly hope that COMMON SENSE is used when enforcement is occurring :boxed:
Common sense ???????????? All that goes out the door after they have been in this freakin heat for more then an hour....Does funny things to your brain....
I know my job is not all that stressfull, but I get a bit loopy just trying to fix an A/C In this heat...
Dealing with some drunk idiot, gotta to try your patience......and common sense...fly low grass hopper..... :)

[Kilrtoy]

Common sense ???????????? All that goes out the door after they have been in this freakin heat for more then an hour....Does funny things to your brain....
I know my job is not all that stressfull, but I get a bit loopy just trying to fix an A/C In this heat...
Dealing with some drunk idiot, gotta to try your patience......and common sense...fly low grass hopper..... :)
can you tell me why they created new laws when
Article 5-341 section B is ready in place
and Article 5-341 section 2 subsection C
ARE ALREADY IN PLACE AND HAVE BEEN as far as I can tell since 08/09/2001
This is what im talking about carey, the city of LH is wasting alot of time and money creating laws ThAT ARE ALREADY IN PLACE....
i can go on and on...

[Havasu1986]

Stay calm Kilrtoy, You have your Doctors appt. tomorrow. Then back to work. Less stress!! :crossx: :crossx: