[Adopted 5-4-1993 by Ord. No. 84-93]
As used in this article, the following terms shall have the meanings indicated:
OBSTRUCTS
Renders impassable without unreasonable inconvenience or hazard.
PUBLIC
Affecting or likely to affect persons in a place to which the public or substantial group has access. Among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement or any neighborhood, any public highway, way or way of public passage.
A. 
Disorderly conduct is prohibited within the City of Fitchburg.
B. 
A person is guilty of disorderly conduct if, with the purpose or effect of causing inconvenience, annoyance or alarm, or recklessly creating the risk thereof, he:
(1) 
Engages in fighting or threatening or challenging to fight or tumultuous behavior; or
(2) 
Makes noise so as to create or constitute a public  nuisance; or
(3) 
Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.
A. 
Obstructing highways and other public passages is prohibited within the City of Fitchburg.
B. 
A person is guilty of obstructing highways and other public passages if:
[Amended 6-3-2014 by Ord. No. 100-2014]
(1) 
Having no legal privilege to do so, he or she purposely or recklessly obstructs any highway or other public passage, whether alone or with others, and persists after warning by a police officer. No person shall be deemed guilty of obstructing in violation of this article solely because of a gathering of persons to hear him or her speak or otherwise communicate or solely because of being a member of such a gathering; or
(2) 
He or she refuses to obey a reasonable official request or order to remove himself or herself from a public gathering when such request or order is made:
(a) 
To prevent obstruction of a highway, street, or other public passage;
(b) 
To maintain public safety by disbursing those gathered in dangerous proximity to a fire or other hazard; or
(c) 
To maintain public safety by disbursing persons who interfere or may tend to interfere with the delivery of emergency public services.
C. 
An order to move, addressed to a person whose speech or other lawful behavior attracts an obstructing audience, shall not be deemed reasonable if the obstruction can be readily remedied by police control of the size or location of the gathering.
Where three or more persons are participating in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance or alarm, a police officer or other public servant engaged in executing or enforcing the law may order the participants and others in the immediate vicinity to disperse. Any person who refuses or knowingly fails to obey such an order violates this section. For purposes of this section, disorderly conduct shall mean the conduct prohibited by § 132-33 of this article.
Any person found guilty of violating any provision of this article shall be punished by a fine of $300.
In the absence of specific language to the contrary, each section, each provision or requirement of any section of this article shall be considered separable, and the invalidity of any portion of this article shall not affect the enforceability of any other portion.
It is the intent of the City of Fitchburg acting by and through its legislative and executive branches to prohibit certain behaviors and conduct as set forth in this article consistent with the Constitutions of the United States and the Commonwealth of Massachusetts and the statutory provisions of the Commonwealth of Massachusetts. Any ambiguity or doubt in interpreting or construing any section, word or provision of this article shall be resolved in a manner so as to further the expressed intent of the article.