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.
B.
Urinating Or Defecating In Places Open To Public View. It
shall be unlawful for any person, male or female, to urinate or defecate
in a place open to public view.
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.
A.
PUBLIC PLACE
Definition. The following term shall be defined
as follows:
Any place to which the general public has access and a right
of resort for business, entertainment or other lawful purpose, but
does not necessarily mean a place devoted solely to the uses of the
public. It shall also include the front or immediate area of any store,
shop, restaurant, tavern or other place of business and also public
grounds, areas or parks.
B.
It shall be unlawful for any person to stand or remain idle either
alone or in consort with others in a public place in such manner so
as to:
1.
Obstruct any public street, public highway, public sidewalk
or any other public place or building by hindering or impeding or
tending to hinder or impede the free and uninterrupted passage of
vehicles, traffic or pedestrians;
2.
Commit in or upon any public street, public highway, public
sidewalk or any other public place or building any act or thing which
is an obstruction or interference to the free and uninterrupted use
of property or with any business lawfully conducted by anyone in or
upon or facing or fronting on any such public street, public highway,
public sidewalk, or any other public place or building, all of which
prevents the free and uninterrupted ingress, egress and regress, therein,
thereon and thereto;
3.
Obstruct the entrance to any business establishment, without
so doing for some lawful purpose, if contrary to the expressed wish
of the owner, lessee, managing agent or person in control or charge
of the building or premises.
C.
When any person causes or commits any of the conditions in this Section,
a Police Officer or any Law Enforcement Officer shall order that person
to stop causing or committing such conditions and to move on or disperse.
Any person who fails or refuses to obey such orders shall be guilty
of a violation of this Section.
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.
OTHER PROTEST ACTIVITIES
FUNERAL and BURIAL SERVICE
Definitions. As used in this Section, the following
terms mean:
Any action that is disruptive or undertaken to disrupt or
disturb a funeral or 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.
C.
The offense of unlawful funeral protest shall be an ordinance violation.
If two (2) or more persons shall, in any public place, voluntarily
or by agreement, engage in any fight, use any blows or do violence
toward each other in any angry or quarrelsome manner or do each other
any willful mischief, or if any person shall assault another and strike
him, in any public place, to the terror or disturbance of others,
the persons so offending shall be deemed guilty of an affray.
A.
It
shall be unlawful for any person to loiter, loaf, wander, stand or
remain idle either alone or in concert with others in a public place
in such manner so as to:
1.
Obstruct any public street, public highway or public sidewalk or
any other public place or building by hindering or impeding the free
and uninterrupted passage of vehicles, traffic or pedestrians.
2.
Commit in or upon any public street, public highway, public sidewalk
or any other public place or building any act or thing which is an
obstruction or interference to the free and uninterrupted use of property
or with any business lawfully conducted by anyone in or upon or facing
or fronting on any such public street, public highway, public sidewalk
or any other public place or building, all of which prevents the free
and uninterrupted ingress, egress and regress therein, thereon and
thereto.
B.
When any person causes or commits any of the conditions enumerated in Subsection (A) of this Section, a Police Officer or any Law Enforcement Officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of this Section and shall be so charged following the receipt by such officer of a signed complaint from a third (3rd) party.
C.
If
a person takes flight upon appearance of a Police Officer who identifies
himself as such or refuses to identify himself or attempts to conceal
himself, said Police Officer has probable cause to believe a violation
of this Chapter has occurred and is hereby duly authorized to make
an arrest.
A.
AGGRESSIVE PANHANDLING
1.
2.
3.
4.
5.
6.
CHARITABLE ORGANIZATION
PANHANDLING
Definitions. The following definitions shall apply to the
provisions of this Section:
Panhandling in the following manner:
To persist in panhandling after the person solicited has given
a negative response;
To block, either individually or as part of a group of persons,
the passage of a solicited person;
To touch a solicited person without the person's consent;
To render any service to a motor vehicle, including, but not
limited to, any cleaning, washing, protecting, guarding or repairing
of said vehicle or any portion thereof, without the prior consent
of the owner, operator or occupant of such vehicle and thereafter
asking, begging or soliciting alms or payment for the performance
of such service, regardless of whether such vehicle is stopped, standing
or parked on a public street or upon other public or private property;
or
To engage in conduct that would reasonably be construed as intended
to intimidate, compel or force a solicited person to make a donation.
Any non-profit community organization, fraternal, benevolent,
educational, philanthropic or service organization, or governmental
employee organization, which solicits or obtains contributions solicited
from the public for charitable purposes or holds any assets solely
for charitable purposes.
Any solicitation in person, by a person, other than a charitable
organization, for an immediate grant of money, goods or any other
form of gratuity from any other person when the person making the
request is not known to the person(s) who is the subject of the request.
The term "panhandling" shall not mean the act of
passively standing or sitting with a sign or other indicator that
a donation of money, goods or any other form of gratuity is being
sought without any vocal request other than a response to an inquiry
by another person.
B.
Prohibitions.
1.
It shall be unlawful for any person to engage in aggressive panhandling.
2.
It shall be unlawful for any person to engage in the act of panhandling
when either the panhandler or the person being solicited is located
in, on, or at any of the following locations:
a.
In any public transportation vehicle;
b.
Within fifty (50) feet of an automatic teller machine or entrance
to a bank;
c.
Within fifty (50) feet of a point of entry to or exit from any building
open to the public, including commercial establishments;
d.
At any sidewalk cafe;
e.
Within fifty (50) feet of any public or private school;
f.
At any bus stop or cab stand;
g.
Within fifty (50) feet of any crosswalk;
h.
Within any municipal or government owned building, park, golf course
or playground.
3.
It shall be unlawful for any person to engage in the act of panhandling
on private property or inside a business without written permission
from the owner.
4.
It shall be unlawful for any person to engage in the act of panhandling
after 8:00 P.M. and before 7:00 A.M. during any dates on which daylight-saving
time is in effect; or after 7:00 P.M. and before 7:00 A.M. during
any dates on which daylight-saving time is not in effect.
5.
It shall be unlawful for any person to panhandle in a group of two
(2) or more persons.
