As used in this Article, the following terms mean:
Any place which at the time of the offense is not open to
the public. It includes property which is owned publicly or privately.
Any property in which the person does not have a possessory
interest.
Any place which at the time of the offense is open to the
public. It includes property which is owned publicly or privately.
A.
A person commits the offense of peace disturbance if he or she:
1.
Unreasonably and knowingly disturbs or alarms another person
or persons by:
a.
Loud noise; or
b.
Offensive language addressed in a face-to-face manner to a specific
individual and uttered under circumstances which are likely to produce
an immediate violent response from a reasonable recipient; or
c.
Threatening to commit a felonious act against any person under
circumstances which are likely to cause a reasonable person to fear
that such threat may be carried out; or
d.
Fighting; or
e.
Creating a noxious and offensive odor.
A person commits the offense of unlawful assembly if he/she
knowingly assembles with six (6) or more other persons and agrees
with such persons to violate any of the criminal laws of this State
or of the United States with force or violence.
A person commits the offense of rioting if he/she knowingly
assembles with six (6) or more other persons and agrees with such
persons to violate any of the criminal laws of this State or of the
United States with force or violence and thereafter, while still so
assembled, does violate any of said laws with force or violence.
A person commits the offense of refusal to disperse if, being
present at the scene of an unlawful assembly or at the scene of a
riot, he/she knowingly fails or refuses to obey the lawful command
of a Law Enforcement Officer to depart from the scene of such unlawful
assembly or riot.
[CC 1970 §21-17; Ord.
No. 476 §1, 7-5-1955; Ord. No. 1213 §1, 8-6-1991]
A.
The
creation of any unreasonably loud, disturbing or unnecessary noise
in the City is hereby prohibited and the following acts, among others,
are hereby declared to be loud, disturbing and unnecessary noises
and in violation of the provisions of this Section, but such acts
as are specifically set out herein shall not be deemed to be exclusive:
1.
The excessive, prolonged, unnecessary or unreasonable sounding of
any horn, whistle, bell or other signaling device on any vehicle whatsoever
or on any boiler or engine.
2.
The working upon any vehicle, motor or engine or the doing of any
other act as would tend to annoy or disturb the quiet, comfort or
repose of persons in any dwelling between the hours of 10:00 P.M.
and 7:00 A.M., provided that any such noise can be distinctly heard
at a distance of more than fifty (50) feet from its source in any
residential district as established by the zoning regulations or other
ordinance of the City.
[Ord. No. 1790 §1, 10-15-2013]
3.
The use of any loud speaker or other instrument or device for the
purpose of attracting attention by creation of a noise or for advertising
purposes without first obtaining a permit from the Board of Aldermen
for the use of such loud speaker or other instrument or device.
B.
No
person shall play, use, operate or permit to be played, used or operated
any radio receiving set, musical instrument, phonograph, loudspeaker
or sound amplifying device, or other machine or device for the production
or the reproduction of sound with louder volume than is necessary
for convenient hearing of the person so playing, using or operating
such instrument or device and such persons who are voluntary listeners
thereto, or in such manner as to disturb the peace, quiet and comfort
of neighboring inhabitants. The use or operation of any such instrument,
radio, phonograph, machine or device in such manner as to be plainly
audible at a distance of fifty (50) feet from the building, structure,
vehicle or place in which it is used or operated shall be prima facie
evidence of a violation of this Section. Nothing herein contained
shall be construed to prohibit playing by a band or orchestra in a
hall, building or in the open air at a public concert.
A.
For purposes of this Section, "house of worship" means any church,
synagogue, mosque, other building or structure, or public or private
place used for religious worship, religious instruction, or other
religious purpose.
B.
A person commits the offense of disrupting a house of worship if
such person:
1.
Intentionally and unreasonably disturbs, interrupts, or disquiets
any house of worship by using profane discourse, rude or indecent
behavior, or making noise either within the house of worship or so
near it as to disturb the order and solemnity of the worship services;
or
2.
Intentionally injures, intimidates, or interferes with or attempts
to injure, intimidate, or interfere with any person lawfully exercising
the right of religious freedom in or outside of a house of worship
or seeking access to a house of worship, whether by force, threat,
or physical obstruction.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits the offense of unlawful funeral protest if he or
she pickets or engages in other protest activities within three hundred
(300) feet of any residence, cemetery, funeral home, church, synagogue
or other establishment during or within one (1) hour before or one
(1) hour after the conducting of any actual funeral or burial service
at that place.
B.
FUNERAL and BURIAL SERVICE
OTHER PROTEST ACTIVITIES
Definitions. As used in this Section, the following
terms mean:
The ceremonies and memorial services held in conjunction with the burial or cremation of the dead, but this Section does not apply to processions while they are in transit beyond any three-hundred-foot zone that is established under Subsection (A) above.
Any action that is disruptive or undertaken to disrupt or
disturb a funeral or burial service.
C.
The offense of unlawful funeral protest shall be an ordinance violation.
