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.
[Ord. No. 3876 §1, 8-8-2013]
A. Definitions. As used in this Article, the following
terms shall have these prescribed meanings:
INCITE A RIOT
Urging or instigating other persons to riot, but shall not
be deemed to mean the mere oral or written:
2.
Expression of belief, not involving advocacy of any act or acts
of violence or assertion of the rightness of, or the right to commit,
any such act or acts.
PUBLIC PLACE
Any place to which the general public has access and a right
to 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 include the front or immediate area of any store,
shop, restaurant, tavern, or other place of business and also public
grounds, areas or parks.
RIOT
A public disturbance involving:
1.
An act or acts of violence by one (1) or more persons part of
an assemblage of three (3) or more persons, which act or acts shall
constitute a clear and present danger of, or shall result in, damage
or injury to the property of any other person or to the person of
any other individual; or
2.
A threat or threats of the commission of an act or acts of violence
by one (1) or more persons part of an assemblage of three (3) or more
persons having, individually or collectively, the ability of immediate
execution of such threat or threats where the performance of the threatened
act or acts of violence would constitute a clear and present danger
of, or would result in, damage or injury to the property of any other
person or to the person of any other individual.
B. Disorderly Conduct Prohibited. A person shall be
guilty of disorderly conduct if, with the purpose of causing public
danger, alarm, disorder, nuisance, or his/her conduct is likely to
cause public danger, alarm, disorder or nuisance, he/she willfully
does any of the following acts in a public place:
1.
Commits an act in a violent or tumultuous manner toward another
whereby that other is placed in danger of his/her life, injury to
his/her limb or health;
2.
Commits an act in a violent and tumultuous manner toward another
whereby the property of any person 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 that 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 known to be such;
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 Police
Department, any other authorized official of the City who is engaged
in lawful performance of his/her duties, or any other person when
such words have a 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 to the annoyance of any other persons nearby
or near to any public highway, road, street, lane, alley, park, square
or common whereby the public peace is broken or disturbed or the traveling
public annoyed;
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, and
the public health and safety is imminently threatened;
13.
Uses abusive or obscene language or makes an obscene gesture.
14.
To urinate or defecate on a public street, alley, or any other
property, public or private, open to or visible to the public.
C. Exemptions. Subsections
(A) and
(B) 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.
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 shall be an ordinance violation for two (2) or more persons,
voluntarily or by agreement in any public place within the City to
engage in any fight or to use any blows or violence or mischief toward
each other in any angry or quarrelsome manner.