A.
A person
commits the offense of peace disturbance if:
1.
He/she 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.
For the purposes of Sections 210.660 and 210.670, the following words shall have the meanings set out herein:
Any place which at the time is not open to the public. It
includes property which is owned publicly or privately.
Any property in which the actor does not have a possessory
interest.
Any place which at the time is open to the public. It includes
property which is owned publicly or privately.
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.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
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.
[Ord. No. 1333 §1,
2008]
A.
PUBLIC PLACE
For
the purpose of this Section, the following word shall have the meaning
set out herein:
Any place to which the general public has access and 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 also include the front or immediate area of any store,
shop, restaurant, tavern or other place of business; the streets and
sidewalks of the City; and public grounds, areas and parks.
B.
It
shall be unlawful at any time to create, permit, or cause, or permit
to be caused or created, any loud music, noise or other sound by means
of phonographic, radio or other broadcasting or electronic apparatus
or device, or by accelerating rapidly the motor of any vehicle, or
by honking of a horn, or by spinning tires of a vehicle, or by the
emission of loud exhaust noises from a vehicle, in, upon or while
loitering, idling, wandering, strolling in, upon or around any premises
used or occupied as a public place.
C.
It
shall be unlawful at any time to fight while in a public place.
D.
It
shall be unlawful at any time to create, permit, or cause or permit
to be caused or created any loud music, noise or other sound on private
property which can be heard on any public property or on any private
property owned by another person.
[Ord. No. 1476 § 8, 2-9-2017]
It shall be unlawful for any person who owns, maintains, leases
or is otherwise in possession or control of any real property to permit
or allow persons thereon to conduct themselves in a loud or unruly
manner so as to cause hurt, injury, annoyance, inconvenience or danger
to the public or any member thereof, and it shall be the duty of any
such person in possession or control to take such steps as are available
to disperse such loud or unruly persons.
[CC 2001 §210.235; Ord. No. 955 §4, 3-13-1992]
A.
The
use of any loud mechanical equipment, or the creation of any unreasonably
loud disturbing noise, or any construction, repair or similar activity
between the hours of 9:00 P.M. and 7:00 A.M. on weekdays or between
the hours of 9:00 P.M. Friday and 8:00 A.M. Saturday or between the
hours of 9:00 P.M. Saturday and 8:00 A.M. Sunday, which annoys or
disturbs the residential quiet, comfort or repose of persons in any
building, is hereby prohibited.
B.
It
shall be unlawful and an ordinance violation for any person to commit
an act of peace disturbance by the use of loud mechanical equipment
as above described during the times described and shall be punishable
in accordance with the general sanction provisions contained in the
Code of the City of Edmundson.
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.
