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 person commits the offense of peace disturbance if he or she:
Unreasonably and knowingly disturbs or alarms another person or persons by:
Loud noise; or
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
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
Creating a noxious and offensive odor.
For purposes of this Section, if a building or structure is divided into separately occupied units, such units are separate premises.
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.
It is unlawful for any person to engage in disorderly conduct or in any conduct tending toward a breach of the peace.
A person commits the offense of disorderly conduct if, with the purpose of causing public inconvenience, annoyance or alarm or recklessly creating a risk thereof, he/she:
Engages in fighting or in violent, threatening or tumultuous behavior;
Addresses a specific individual or group of individuals in a face-to-face manner using fighting words which the person or persons to whom they are addressed considers to be personally abusive. The term "fighting words" means and includes the utterance of any word or words likely to have direct tendency to cause an immediate violent response by a reasonable recipient.
Makes unreasonable or excessive noise;
In a public place, uses abusive or obscene language or makes an obscene gesture in a manner likely to provoke a violent or disorderly response;
Disrupts or disturbs any lawful assembly or meeting of persons;
Obstructs vehicular or pedestrian traffic;
Congregates with other persons in a public place and refuses to comply with a lawful order of a Law Enforcement Officer or other person engaged in enforcing or executing the law to disperse;
Creates a hazardous or physically offensive condition;
In a public place mars, defiles, desecrates or otherwise damages any symbol that is an object of respect by the public or a substantial segment thereof; or
In a public place exposes his/her private parts.
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.
A person commits the offense of disrupting a house of worship if such person:
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
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.
Note: Under certain circumstances this offense can be a felony under state law.
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.
Definitions. As used in this Section, the following terms mean:
- OTHER PROTEST ACTIVITIES
- Any action that is disruptive or undertaken to disrupt or disturb a funeral or burial service.
The offense of unlawful funeral protest shall be an ordinance violation.
It shall be unlawful for any individual to play any radio, television or any device made to play cassettes, records, compact disc, audio and/or video tapes, loud speaker or any similar device so that it emits a sound that can be heard one hundred (100) feet or more from the device. This includes any of the aforementioned devices that are mounted in motor vehicles, boats, trucks, bicycles, carried on one's person or placed in a building, to include private residences, apartments, places of business and similar structures.
A Public Safety Officer may issue a uniform traffic ticket (UTT) to the individual responsible for any such device emitting sound in violation of Subsection (A) above including the driver of a motor vehicle or the first (1st) registered owner of the vehicle, the owner of record or a resident of a residence or apartment, the proprietor of a business or the person who is in physical control of any such device.
In the event that any such device is located in a motor vehicle, boat, bicycle, ATV or other means of conveyance and the owner or operator cannot be located or denies ownership, a Public Safety Officer may tow the motor vehicle, boat, bicycle, ATV or other means of conveyance at the owner's expense.
A Public Safety Officer may seize any motor vehicle, boat, truck, bicycle or any other device and have same towed and stored, at the owner's expense, for a period not to exceed seventy-two (72) hours and which was used in violation of the noise disturbance ordinance by any individual who previously has been convicted or plead guilty or who has a noise disturbance charge pending.
This Section shall not apply to licensed carnivals, religious services, rodeos, noise emitted by machinery during its normal operation, emergency vehicles or noise emitted under similar circumstances, Sikeston R-6 School District activities, activities associated with business or commercial locations in an appropriately zoned district where the activities are inside the structure.
Permits Authorized. Any individual, business and organization may apply for a permit that will allow for an outside event where noise generated may otherwise be in violation of this Division. The office of the City Manager or his/her designee in his/her discretion may issue such permit. Such permit shall identify the applicant and duration of the event. No fee shall be charged for any such permit.