As used in this Article, the following terms mean:
PRIVATE PROPERTY
Any place which at the time of the offense is not open to the public. It includes property which is owned publicly or privately.
PROPERTY OF ANOTHER
Any property in which the person does not have a possessory interest.
PUBLIC PLACE
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.
2. 
Is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:
a. 
Vehicular or pedestrian traffic; or
b. 
The free ingress or egress to or from a public or private place.
A. 
A person commits the offense of private peace disturbance if he/she is on private property and unreasonably and purposely causes alarm to another person or persons on the same premises by:
1. 
Threatening to commit an offense against any person; or
2. 
Fighting.
B. 
For purposes of this Section, if a building or structure is divided into separately occupied units, such units are separate premises.
[Ord. No. 1338-2017, 4-3-2017]
A. 
No person shall make, continue, or cause to be made or continued:
1. 
Any unreasonable loud or raucous noise;
2. 
Any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity, within the jurisdictional limits of the City; or
3. 
Any noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the neighborhood from which such noises emanate, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.
B. 
Factors for determining whether a sound is unreasonably loud and raucous, include, but are not limited to the following:
1. 
The proximity of the sound to sleeping facilities, whether residential or commercial;
2. 
The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;
3. 
The time of day or night the sound occurs;
4. 
The duration of the sound; and
5. 
Whether the sound is recurrent, intermittent, or constant.
C. 
Exemptions. Sounds caused by the following are exempt from the prohibitions set out above:
1. 
Repairs of utility structures which pose a clear and immediate danger to life, health or significant loss of property.
2. 
Sirens, whistles, or bells lawfully used by emergency vehicles, or other alarm systems used in case of fire, collision, civil defense, police activity, or imminent danger.
3. 
The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work.
4. 
Repairs or excavations of bridges, streets or highways by or on behalf of the City, the State, or the Federal government, between the hours of 7:00 p.m. and 7:00 a.m. when public welfare and convenience renders it impractical to perform the work between 7:00 a.m. and 7:00 p.m.
5. 
Outdoor School And Playground Activities. Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including but not limited to school athletic and school entertainment events.
6. 
Other Outdoor Events. Outdoor gatherings, public dances, shows and sporting events, and other similar outdoor events, provided that a permit has been obtained from the appropriate permitting authority.
7. 
Lawn Care Maintenance. Normal activities maintaining a residential yard when operated at reasonable times using lawn mowers, weed eaters, chain saws and similar maintenance equipment.
D. 
A person who violates a provision of this Section is guilty of a misdemeanor which is punishable by a fine of not to exceed five hundred dollars ($500.00) or imprisonment not to exceed ninety (90) days, or both.
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.
[Ord. No. 1191-2012 §1, 4-2-2012]
A. 
A person shall be guilty of disorderly conduct if he/she recklessly or knowingly causes danger, alarm, disorder or nuisance to another person, or by doing any of the following acts:
1. 
Commits an act in a violent or tumultuous manner toward another whereby another is placed in danger of life, limb or health;
2. 
Commits an act in a violent or tumultuous manner toward another whereby the property of another is placed in danger of being destroyed or damaged;
3. 
Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another;
4. 
Interferes with another's pursuit of a lawful occupation by acts of violence;
5. 
Obstructs, either singly or together with other persons, the flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered to do so by the City Police or other lawful authority;
6. 
Is in a public place under the influence of an intoxicating liquor or drug in such condition as to be unable to exercise care for his/her own safety or the safety of others;
7. 
Resists or obstructs the performance of duties by City Police or any other authorized official of the City when known to be such an official;
8. 
Incites, attempts to incite, or is involved in attempting to incite a riot;
9. 
Addresses abusive language or threats to any member of the Public Safety Department, any other authorized official of the City who is engaged in the lawful performance of his/her duties, or any other person when such words have a direct tendency to cause acts of violence. Words merely causing displeasure, annoyance or resentment are not prohibited;
10. 
Damages, befouls or disturbs public property or the property of another so as to create a hazardous, unhealthy or physically offensive condition;
11. 
Makes or causes to be made any loud, boisterous and unreasonable noise or disturbance which is likely to annoy any other persons nearby, or near to any public highway, road, street, lane, alley, park, square or common;
12. 
Fails to obey a lawful order to disperse by a Police Officer, when known to be such an official, where one (1) or more persons are committing acts of disorderly conduct in the immediate vicinity;
13. 
Uses abusive or obscene language or makes an obscene gesture which is likely to produce an immediate violent response from a reasonable recipient;
14. 
A person shall be guilty of disorderly conduct if a person knowingly allows disorderly conduct to occur upon any premises owned or possessed by him/her or under his/her control.
B. 
Exemptions. This Section shall not be construed to suppress the right to lawful assembly, picketing, public speaking or other lawful means of expressing public opinion not in contravention of other laws.
[Ord. No. 396-82 Art. VI §7, 12-20-1982]
A person commits the ordinance violation of keeping a disorderly premises if he/she shall permit, allow or encourage any peace disturbance, as defined in Section 210.670, to occur or continue on premises owned or controlled by him/her.
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. 
Definitions. As used in this Section, the following terms mean:
FUNERAL and BURIAL SERVICE
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.
OTHER PROTEST ACTIVITIES
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.
[Ord. No. 396-82 Art. VI §9, 12-20-1982]
It shall be unlawful for any person to commit a nuisance upon any place open to the public view within the corporate limits of the City of Kearney by emptying, discharging or evacuating ordure or urine thereon.
[Ord. No. 396-82 Art. VI §12, 12-20-1982]
It shall be unlawful for any person within the limits of said City to engage in, be present at or be in any manner concerned in any cock fight, dog fight or any fight between animals of any kind which are pitted against each other or to allow or permit any such fight in any house or upon any premises in his/her possession or under his/her control.
[Ord. No. 396-82 VI §16, 12-20-1982]
It shall be unlawful for any person to throw any stone, brickbat, ball or other missile within the limits of the City so as to strike or annoy any person or damage or likely to damage any building or other property.
[Ord. No. 396-82 Art. VI §17, 12-20-1982]
A. 
The following persons shall be deemed vagrants:
1. 
Every person who may be found loitering around within the City without any visible means of support.
2. 
Every person who shall attend or operate any gambling device or apparatus.
3. 
Every person who shall engage in any unlawful calling whatsoever.
4. 
Any able-bodied married man who shall neglect or refuse to provide for the support of his/her family.