YSC, Title 11.  Crimes & Punishment
 
 
Chapter 4:  Offenses
Against Public Peace

401.   Disturbing the peace.
402.   Riot.
403.   Drunken and disorderly conduct.
404.   Affray.
405.   Security to keep the peace.
406.   False public alarm.
407.   Loitering or prowling.
408.   Obstruction of highways and other public places.
409.   Disrupting meetings.
410.   Nuisance.
411.   Weapons prohibition in bars.

     401.  Disturbing the peace.
     Every person who shall unlawfully and willfully commit any acts which annoy or disturb other persons so that they are deprived of their right to peace and quiet, or which provoke a breach of the peace, shall be guilty of disturbing the peace, and upon conviction thereof shall be imprisoned for a period of not more than two years, or fined not more than $100.00, or both.

Source:  YSL 2-48 2, modified.

Commission Comment:  YSL 2-48 repealed the former provisions of Title 11, that included the State Crimes Act.  However, prosecutions for offenses committed before the effective date of this division are governed by the prior law, which is continued in effect for that purpose (see section 102 of chapter 1 of this division).

     402.  Riot.
     Whenever three or more persons shall assemble, and by force and violence or by loud noise and shouting shall unlawfully place others in fear or danger, they shall be guilty of riot, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $50.00, or both.

Source:  YSL 2-48 2, modified.

     403.  Drunken and disorderly conduct.
     Every person who is drunk and disorderly on any street, road, or other public place from the voluntary use of intoxicating liquor or other drug shall be guilty of drunken and disorderly conduct, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $50.00, or both.

Source:  YSL 2-48 2, modified.

Cross-reference: The statutory provisions on Alcoholic Beverages are found in Title 30 of this Code.

     404.  Affray.
     Every person who shall unlawfully and willfully engage in an altercation or fight with one or more persons in a public place, so that others are put in fear or danger, shall be guilty of affray, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $50.00, or both.

Source: YSL 2-48 2, modified.

     405.  Security to keep the peace.

     (a)  A complaint may be made to any court that a person has threatened to commit an offense against the person or property of another.  When such complaint is made, the court shall examine under oath the complainant and any witnesses he may produce, reduce the complaint to writing and cause it to be signed and sworn to by the complainant.  If the court is satisfied that there is danger that such offense will be committed, the court shall issue a warrant to any policeman setting out the substance of the complaint and commanding the officer to apprehend the person complained of and bring him before the court at a certain time.

     (b)  When the person complained of is brought before the court, the testimony produced on both sides shall be heard if the charge is denied.  If it appears that there is no just reason to fear the commission of the offense, the defendant shall be discharged; and if the judge is of the opinion that the prosecution was commenced maliciously without proper cause he may give judgment against the complainant for the costs of the prosecution.  If, however, the court finds there is just reason to fear the commission of such offense, the person complained of may be required to enter into an undertaking in a sum fixed by the court, not exceeding $500.00, to keep the peace toward the State and particularly toward the complainant.  The defendant shall deposit the sum fixed in cash with the clerk of courts or the court may grant him permission to give bond in the same amount with one or more sufficient sureties.  The undertaking to keep the peace shall be valid and binding for six months, and may upon the renewal of the complaint be extended for a longer period.

     (c)  If the court finds, after hearing, that the defendant has violated his undertaking to keep the peace, the court may direct a forfeiture of the whole or such part of the deposit or bond as it appears that justice requires, and may enforce such forfeiture in the same manner as a forfeiture of bail in a criminal case.

     (d)  If the defendant fulfills his undertaking to keep the peace, he may claim his deposit from the clerk of courts upon presentation of receipt.

Source:  YSL 2-48 2, modified.
 
Cross-reference:  The constitutional provisions on the Judiciary are found in Yap Const., Art. VII.  The statutory provisions on the Judiciary are found in Title 4 of this Code.

     406.  False public alarm.
     Every person who initiates or circulates a report or warning of an impending bombing or other crime or catastrophe, knowing that the report or warning is false or baseless and that it is likely to cause evacuation of a building, place of assembly, or facility of public transport, or to cause public inconvenience or alarm, shall be guilty of false public alarms, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $50.00, or both.

Source:  YSL 2-48 2, modified.

     407.  Loitering or prowling.
     Every person who loiters or prowls in a place, at a time or in a manner not usual for law abiding individuals, and under circumstances that warrant alarm for the safety of persons or property in the vicinity, shall be guilty of loitering or prowling, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $50.00, or both.

Source:  YSL 2-48 2, modified.

     408.  Obstruction of highways and other public places.
     Every person who, having no legal privilege to do so, purposely or recklessly obstructs any highway or public passage, whether alone or with others, shall be guilty of obstructing highways or other public places, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $50.00, or both.

Source:  YSL 2-48 2, modified.

Commission Comment:  The word "of" is added between the words "Obstruction highways . . ." in the section title to correct the omission.

     409.  Disrupting meetings.
     Every person who, with purpose to prevent or disrupt a lawful meeting or gathering, does any act tending to obstruct or interfere with it physically, or makes any utterance, gesture or display designed to outrage the sensibilities of the group, shall be guilty of disrupting meetings, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $50.00, or both.

Source:  YSL 2-48 2, modified.
 
     410.  Nuisance.
     Every person who shall unlawfully maintain or allow to be maintained a condition of things which is prejudicial to the health, comfort, safety, property, sense of decency, or morals of the people of the State by an illegal act, or by neglect of legal duty, shall be guilty of maintaining a nuisance, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both.

Source:  YSL 2-48 2, modified.

     411.  Weapons prohibition in bars.

     (a)  No person in the State shall be in any bar, pub, dram shop or other establishment that sells alcoholic beverages for consumption on the premises if such person is in immediate possession of any knife with a blade longer than three inches, any ice pick, spear, club, billy, truncheon, or rock.

     (b)  The prohibition of this section shall not apply to employees of such establishments who are on duty and whose employment requires the use of knives or ice picks and who possess none of the other objects listed in subsection (a) of this section.

     (c)  Any person who violates the prohibition of this section shall be fined not less than $10.00 nor more than $500.00, or imprisoned for not more than 60 days, or both.

Source:  YSL 2-48 2, modified.

Cross-reference:  The statutory provisions on weapons prohibition are found in chapter 9 of this title.  The statutory provisions on Alcoholic Beverages are found in Title 30 of this Code.

Commission Comment:  YSL 2-48 repealed the former provisions of Title 11, that included the State Crimes Act.  However, prosecutions for offenses committed before the effective date of this division are governed by the prior law, which is continued in effect for that purpose (see section 102 of chapter 1 of this division).
                                                                                                                                                                                                                                                                                                           
only until the next election of directors by the shareholders. Source: S.L. No. 3L-92-95 37, 4/18/95 1-138. Removal of directors. ( At a meeting of shareholders called expressly for that purpose, directors may be removed in the manner provided in this section. Any director or the entire board of directors may be removed, with or without cause, by a vote of the holders of a majority of the shares then entitled to vote at an election of directors. In the case of a corporation having cumulative voting, if less than the entire board is to be removed, no director may be removed if the votes cast against his removal would be sufficient to elect him if then cumulatively voted at an election of the entire board of directors, or, if there be classes of directors, at an election of the class of directors of which he is a part. Whenever the holders of the shares of any class are entitled to elect one or more directors by the articles of incorporation, this section shall apply, in respect to the removal of a director or directors so elected, to the vote of the holders of the outstanding shares of that class and not to the vote of the outstanding shares as a whole. Source: S.L. No. 3L-92-95 38, 4/18/95 1-139. Quorum of directors. ( A majority of the number of directors fixed by or in the manner provided in the bylaws or in the absence of a bylaw fixing or providing for the number of directors, then of the number stated in the articles of incorporation, shall constitute a quorum for the transaction of business unless a greater number is required by the articles of incorporation or the bylaws. The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors, unless the act of a greater number is required by the articles of incorporation or the bylaws. Source: S.L. No. 3L-92-95 39, 4/18/95 1-140. Directors: conflicts of interest. ( (1) No contract or other transaction between a corporation and one or more of its directors or any other corporation, firm, association or entity in which one or more of its directors are directors or officers or are financially interested, shall be either void or voidable because of such relationship or interest or because such director or directors are present at the meeting of the board of directors or a committee thereof which authorizes, approves or ratifies such contract or transaction or because his or their votes are counted for such purpose, if: (a) The fact of such relationship or interest is disclosed or known to the board of directors or committee which authorizes, approves or ratifies the contract or transaction by a vote or consent sufficient for the purpose without counting the votes or consents of such interested directors; or (b) The fact of such relationship or interest is disclosed or known to the shareholders entitled to vote and they authorize, approve or ratify such contract or transaction by vote or written consent; or (c) The contract or transaction is fair and reasonable to the corporation. (2) Commo