[R.O. 2011 § 215.170; Ord. No. 22-123, 9-6-2022]
A. A person commits the offense of peace disturbance
if:
1.
Disturbs or alarms another person
or persons by:
a.
Generating or broadcasting loud noise,
including music, that would be offensive to a reasonable person given
the circumstances and surroundings; or
b.
Offensive language addressed in a
face-to-face manner to a specific individual 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
e.
Creating a noxious and offensive
odor that would be offensive to a reasonable person given the circumstances
and surroundings.
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.
[R.O. 2011 § 215.180; R.O. 2009
§ 131.03; CC 1981 § 20-117; Ord. No. 80-103, 9-3-1980]
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 a crime against
any person; or
B. For
purposes of this Section, if a building or structure is divided into
separately occupied units, such units are separate premises.
C. It shall be unlawful and an ordinance violation
for any person to commit an act of private peace disturbance.
[R.O. 2011 § 215.190; R.O. 2009
§ 131.05; CC 1981 § 20-120; Ord. No. 83-60, 8-10-1983]
If two (2) or more persons shall,
in any public place in the City, voluntarily or by agreement engage
in any fight or use any blows or violence toward each other in an
angry or quarrelsome manner or do each other any willful mischief
or if any person shall assault another and strike him/her in any public
place to the terror or disturbance of others, the person so offending
shall be deemed guilty of an ordinance violation of affray.
[R.O. 2011 § 215.200]
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.
[R.O. 2011 § 215.210; R.O. 2009
§ 131.07; Ord. No. 07-321, 12-19-2007]
A. For purposes of this Section, the following
words shall have the following meanings unless the context clearly
indicates or requires a different meaning:
COURSE OF CONDUCT
A pattern of conduct composed of repeated acts over a period
of time, however short, that serves no legitimate purpose. Such conduct
may include, but is not limited to, following the other person or
unwanted communication or unwanted contact.
ELECTRONIC COMMUNICATION
The origination, emission, dissemination, transmission or
reception of data, images, signals, sounds or other intelligence or
equivalence of intelligence of any nature over any communications
system by any method including, but not limited to, a fiber optic,
electronic, magnetic, optical, digital or analog method. By way of
example, "electronic communication" includes, but is not limited to:
electronic mail, Internet-based communications, pager service or electronic
text messaging.
ELECTRONIC COMMUNICATIONS DEVICE
Any instrument, equipment, machine or other device that facilitates
telecommunication, including, but not limited to, a computer, computer
network, computer chip, computer circuit, scanner, telephone, cellular
telephone, pager, personal communications device, transponder, receiver,
radio, modem or device that enables the use of a modem.
HARASSMENT
Engaging in a purposeful or knowing course of conduct involving
more than one (1) incident that alarms or causes distress to another
adult and serves no legitimate purpose. The course of conduct must
be such as would cause a reasonable adult to suffer substantial emotional
distress and must actually cause substantial emotional distress to
the petitioner. Such conduct might include, but is not limited to:
1.
Following another about in a public
place or places;
2.
Peering in the window or lingering
outside the residence of another; but does not include constitutionally
protected activity.
B. Harassment.
1.
A person commits the offense of harassment
if he or she:
a.
Knowingly communicates a threat to
commit any felony to another person and in so doing frightens, intimidates,
or causes emotional distress to such other person; or
b.
When communicating with another person,
knowingly uses coarse language offensive to one of average sensibility
and thereby puts such person in reasonable apprehension of offensive
physical contact or harm; or
c.
Knowingly frightens, intimidates,
or causes emotional distress to another person by anonymously making
a telephone call or any electronic communication; or
d.
Knowingly communicates with another
person who is, or who purports to be, seventeen (17) years of age
or younger and in so doing and without good cause recklessly frightens,
intimidates, or causes emotional distress to such other person; or
e.
Knowingly makes repeated unwanted
communication to another person; or
f.
Without good cause engages in any
other act with the purpose to frighten, intimidate, or cause emotional
distress to another person, cause such person to be frightened, intimidated,
or emotionally distressed, and such person's response to the act is
one of a person of average sensibilities considering the age of such
person.
2.
Harassment is an ordinance violation
unless:
a.
Committed by a person twenty-one
(21) years of age or older against a person seventeen (17) years of
age or younger; or
b.
The person has previously pleaded
guilty to or been found guilty of a violation of this Section, or
of any offense committed in violation of any County or Municipal ordinance
in any State, any State law, any Federal law, or any military law
which, if committed in this State, would be chargeable or indictable
as a violation of any offense listed in this Subsection.
3.
This Section shall not apply to activities
of Federal, State, County, or Municipal Law Enforcement Officers conducting
investigations of violation of Federal, State, County, or Municipal
law.
C. Cyber-Harassment. It shall be unlawful
for a person to perform any act which is cyber-harassment. A person
commits the offense of cyber-harassment if he/she:
1.
With intent to harass, alarm, annoy, abuse, threaten, intimidate, torment or embarrass any other person and under circumstances not constituting harassment as described in Subsection
(B) of this Section, transmits or causes the transmission of an electronic communication or knowingly permits an electronic communication to be transmitted from an electronic communication device under the person's control to such other person or a third party:
a.
Using any lewd, lascivious, indecent
or obscene words, images or language or suggesting the commission
of any lewd or lascivious act; or
b.
Anonymously or repeatedly whether
or not conversation occurs; or
c.
Threatening to inflict injury on
the person or property of the person communicated with or any member
of his/her family or household; or
2.
Makes or causes to be made an electronic
communication or permits an electronic communication to be made from
a electronic communications device under the person's control with
the intent to harass, alarm, annoy, abuse, threaten, intimidate, torment
or embarrass any other person either by the direct action of the person
initiating the communication or through the actions of a third party,
which third-party actions are instigated, initiated, prompted or brought
about by the person's communication.
D. Any offense committed under this Section
may be deemed to have been committed either at the place from which
the communication was made or at the place where the communication
was received.
E. This Section shall not apply to constitutionally
protected activities which include, but are not limited to, picketing
or activities regulated by the National Labor Relations Act, as amended,
the Railway Labor Act, as amended, or the Federal Employment Labor
Management Act, as amended.
[R.O. 2011 § 215.220; Ord. No. 13-198 § 1, 10-1-2013]
A. No person shall knowingly picket or engage
in other protest activities, nor shall any association or corporation
knowingly cause picketing or other protest activities to occur, within
three hundred (300) feet of any residence, cemetery, funeral home,
church, synagogue, or other establishment or location during or within
one (1) hour before or one (1) hour after any actual funeral or burial
service at that place.
B. As used in this Section, "other protest
activities" means any action that is disruptive or undertaken to disrupt
or disturb a funeral or burial service.
C. As used in this Section, "funeral" and "burial" services 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.
D. The
offense of unlawful funeral protest shall be an ordinance violation.