ARTICLE  II / TITLE  5

AN ORDINANCE: TO MAKE IT UNLAWFUL FOR ANY PERSON TO ACT IN A DISORDERLY MANNER OR TO DRINK OR BE FOUND DRUNK UPON ANY OF THE STREETS, LANES, SQUARES, ALLEYS, OR IN ANY PUBLIC PLACE IN THE TOWN OF KENTON

Section 1.

It shall be unlawful for any person, in or upon the public streets, highways, alleys or any other public place, or in or upon a place of business, to:

(a) Cause, provoke or engage in any fight, brawl or quarrel so as to endanger the life, limb, health or property of another.

(b) Use abusive, obscene, threatening or profane language in a loud tone of voice, directly tending to cause a breach of the peace by provoking the person addressed to acts of violence.

(c) Be intoxicated so as to endanger the life, limb, health or property of another or cause a public disturbance.

(d) Drink or tender to another person to drink, any beer, wine or other intoxicating liquors, except as permitted by law on any premise licensed by the Delaware Alcoholic Beverage Control Commission for on-premise consumption.

Section 2.

DEFINITIONS: For purposes of interpreting this ordinance, the following terms shall be defined as follows:

(a) “Public streets, highways, and alleys” include all streets and private ways open to public use.

(b) “Public place” means parks, playgrounds, school yard, governmental building yards, vacant lots, municipal parking lots, and parking lots open to the public (such as lots of stores, restaurants, and other places of public accommodation).

(c) “Place of business” means the lands and premises of the owner or owners of any property within the limits of the Town of Kenton or the lessees of any property within the limits of the Town of Kenton, which said lands and premises are utilized by the owner or lessees as a place of business for which general invitation to the public is granted either expressed or implied.

Section 3.

Any person violating any of the provisions of this ordinance and upon conviction thereof shall be deemed guilty of disorderly conduct and creating a nuisance and upon conviction shall be fined not less than Twenty Five ($25.00) Dollars nor more than One Hundred ($100.00) Dollars and in lieu of the payment of said fine shall serve no less than five hours nor more than ten hours of community service as prescribed by the Kenton Town Council or their designate.