[HISTORY: Adopted by the Town Council of the Town of Barrington 7-1-2013 by Ord. No. 2013-3. Amendments noted where applicable.]
The Council hereby finds and declares that:
Disorderly conduct is a serious hazard to public health, safety and welfare and the quality of life in both close urban society and in residential communities.
Each person has a right to an environment reasonably free from disturbances or threats of disorderly conduct which jeopardizes safety or welfare or the quiet, comfort or repose of his or her environment.
It is the declared policy of the Town to promote an environment free from violent or threatening behavior, otherwise properly called "disorderly conduct," which unnecessarily jeopardizes the public health, safety and welfare and degrades the quality of the lives of the residents of this community.
The purpose of this chapter is to establish standards for unacceptable behavior in the Town by setting forth enumerated examples of disorderly conduct that may be civilly or criminally punishable.
The prohibitions set forth herein shall be applicable to all persons, whether acting alone or in concert with others within the Town.
Whoever violates the provisions herein may be fined $100 for the first offense, up to $250 for a second offense, and up to $500 for a third offense. Additionally, whoever violates the provisions herein may be ordered to perform up to 50 hours of community service, or make restitution.
[Amended 12-2-2013 by Ord. No. 2013-10; 10-2-2017 by Ord. No. 2017-15]
No person acting alone or in concert with others shall:
Engage in any fight or brawl or act in an intimidating or tumultuous manner toward another or others whereby any person is placed in fear of safety for his or her life, limb, health or well-being;
Act in an intimidating, violent or tumultuous manner toward another whereby the property of any person is placed in danger of being damaged, mutilated, defaced or destroyed, or is, in fact, mutilated, damaged, defaced or destroyed;
Direct at another person in a public place offensive words which are likely to provoke a violent reaction on the part of the average person so addressed;
Behave in an intimidating, violent or forceful manner at any time in, upon or in the proximity of a public place in such a manner that such conduct constitutes a clear and present danger to the free and lawful movement of any person or to the extent that any other person will be, or is likely to be, restrained, enjoined, incapacitated or stopped in the lawful exercise of his or her business, occupation, amusement, recreation or any other lawful pursuit;
Throw any object upon or at any person, vehicle, building, tree, sign or other private property with the intent to do bodily harm or physical damage;
Urinate or defecate on any public street, alley or sidewalk or the floor of any public place or public building where the public has the right to gather or to which it has access;
Engage in conduct which obstructs or interferes physically or verbally with a lawful meeting, procession, or gathering.
Any person who willfully, knowingly, or recklessly makes a false alarm or cry of fire or a false request for the assistance of any fire-fighting apparatus or personnel, or willfully, knowingly, or recklessly makes a false report or request for assistance of any public or private rescue or assistance services, or, similarly, makes a false cry, alarm or request for police assistance shall be found guilty of disorderly conduct in accordance with this chapter.
Any person who opens, tampers with, breaks; cuts or otherwise defaces without authority a signal box connected with a police, fire, or motorist call aid system for the purpose of giving or causing to be given a false alarm or for the purpose of disarming or impairing the function of such a signal box shall be found guilty of disorderly conduct in accordance with this chapter.
Every person who willfully trespasses or, having no legitimate purpose for his or her presence, remains upon the land of another or upon the premises or curtilage of the domicile of any person legally entitled to the possession of that domicile, after having been forbidden to do so by the owner of the land or the owner's duly authorized agent or a person legally entitled to the possession of the premises or a sworn police officer, shall be charged with disorderly conduct in accordance with this chapter.
[Amended 12-2-2013 by Ord. No. 2013-10]
Any person who prowls or wanders in or upon the private property of another or, without good reason, or without visible or lawful business with the owner or occupant thereof, to peek, peep or peer in any door or window of any building or structure thereon shall be found guilty of disorderly conduct in accordance with this chapter.
Any person who remains within the boundaries of a commercial or residential property either during or after business hours without contemporaneous commercial activity, when the premises are posted with conspicuous "No Loitering" signs, or after given notice by either the property owner, manager or a sworn police officer, shall be charged with disorderly conduct in accordance with this chapter.
[Added 12-2-2013 by Ord. No. 2013-10]
Editor’s Note: This ordinance also redesignated former Subsection C as Subsection D.
This section shall not apply to tenants or occupants of residential premises who, having rightfully entered the premises at the commencement of the tenancy or occupancy, remain after that tenancy or occupancy has been or is alleged to have been terminated. The owner or landlord of the premises may recover possession only through appropriate civil proceedings.
A person commits indecent exposure when, for the purpose of sexual arousal, gratification or stimulation, such person intentionally, knowingly, or recklessly exposes his or her genitals to the view of another under circumstances in which his or her conduct is likely to cause affront, distress, or alarm to that person and shall be found guilty of disorderly conduct in accordance with this chapter.
In no event shall the provisions of this section be construed to apply to breastfeeding in public.