As used in this Article, the following terms mean:
Words or phrases meant to incite violence or an immediate
breach of the peace.
[Ord. No. 23-011, 11-13-2023]
Having or encouraging an excessive interest in sexual matter,
that may portray sexual conduct in a patently offensive way, and that
lacks serious literary, artistic, political, or scientific value.
[Ord. No. 23-011, 11-13-2023]
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.
[Ord. No. 10-485 §1, 8-19-2010]
A.
Obstructing Public Ways By Loitering. It shall be unlawful
for any person, after first being warned by a Law Enforcement Officer,
or where a "no loitering" sign or signs have been posted, to loiter,
stand, sit or lie in or upon any public or quasi-public sidewalk,
street, curb, crosswalk, walkway area, mall or that portion of private
property utilized for public use, so as to hinder or obstruct unreasonably
the free passage of pedestrians or vehicles thereon; nor shall any
person block or obstruct, or prevent the free access to the entrance
to any building open to the public.
B.
Excessive Or Unnecessary Noises Prohibited. It shall be
unlawful for any person to make, continue or cause to be made or continued
any loud, unnecessary or unusual noise or any noise which unreasonably
or unnecessarily either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others in the Village.
The provisions of this Section shall not apply to or be enforced against:
1.
Any vehicle of the Village while engaged in necessary public business.
2.
Excavations or repairs of streets by or on behalf of the Village,
County or State at night when public welfare and convenience renders
it impossible to perform such work during the day.
3.
The reasonable use of amplifiers or loudspeakers in the course of
public addresses which are non-commercial in character.
C.
Conduct Constituting Excessive Or Unnecessary Noises. The following activity, among others, shall constitute a violation of the above Subsection (B), but such enumeration shall not be exclusive:
1.
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle or other vehicle
on any street or public place in the Village except as a danger warning;
the creation of any unreasonably loud or harsh sound by means of any
such signaling device and the sounding of any such device for an unreasonable
period of time; the use of any signaling device, except a Police whistle
or one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust and the use of any such
signaling device when traffic is held up for any reason.
2.
Radios, televisions, phonographs, etc. The using,
operating or permitting to be played, used or operated any radio receiving
set, television set, musical instrument, phonograph or other machine
or device for the producing or reproducing of sound in such a manner
as to disturb the peace, quiet and comfort of the neighboring inhabitants,
or at any time with louder volume than is necessary for convenient
hearing for the person who is in the room, vehicle or chamber in which
such machine or device is operated and who is a voluntary listener
thereto. The operation of any such set, instrument, phonograph, machine
or device between the hours of 11:00 P.M. and 7:00 A.M., in such a
manner as to be plainly audible at a distance of fifty (50) feet from
the building, structure or vehicle in which it is located shall be
prima facie evidence of a violation of this Section.
3.
Loudspeakers, amplifiers, etc., for advertising. The using, operating or permitting to be played, used or operated
any radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
commercial advertising or attracting the attention of the public to
any building or structure without a special permit from the Chairman
and Board. Announcements over loudspeakers can only be made by the
announcer in person and without the aid of any mechanical device.
4.
Yelling, shouting, etc. Yelling, shouting, hooting,
whistling or singing on the public streets, particularly between the
hours of 11:00 P.M. and 7:00 A.M. or at any time or place so as to
annoy or disturb the quiet, comfort or repose of any person in the
vicinity.
5.
Animals, birds, etc. The keeping of any animal or
bird which will disturb the comfort or repose of any persons in the
vicinity by making long, continual or frequent noise.
6.
Steam whistle or horn. The blowing of any train
whistle, steam whistle or horn attached to any stationary boiler or
locomotive except to give notice of the time to begin or stop work
or as a warning of fire or danger or upon request of proper Village
authorities.
7.
Exhausts. The discharge into the open air of the
exhaust of any steam engine, stationary internal combustion engine,
motorboat or motor vehicle except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
8.
Defect in vehicle or load. The use of any automobile,
motorcycle or vehicle so out of repair, so loaded or in such a manner
as to create loud and unnecessary grating, grinding, rattling or other
noise.
9.
Loading, unloading, opening boxes. The creation
of a loud and excessive noise in connection with loading or unloading
any vehicle or the opening and destruction of bales, boxes, crates
and containers.
10.
Construction and repair work. The exterior construction,
demolition, alteration or repair of buildings involving the operation
of machinery or equipment which causes loud or disturbing noise except
between the hours of 7:00 A.M. and 8:00 P.M. on Monday through Saturday
and between 9:00 A.M. and 8:00 P.M. on Sunday, and except for activities
by governmental authorities or public utilities when the activities
are in response to emergencies or otherwise in the interest of public
health and safety.
11.
Hawkers, peddlers, etc. The shouting and crying
of peddlers, hawkers and vendors which disturb the peace and quiet
of the neighborhood.
12.
Noises to attract attention. The use of any drum
or other instrument or device for the purpose of attracting attention
to any performance, show or sale by creation of noise.
13.
Transportation of metal rails, etc. The transportation
of rails, pillars or columns of iron, steel or other material over
and along streets and other public places upon carts, drays, cars,
trucks or in any other manner so loaded as to cause loud noises or
as to disturb the peace and quiet of such streets or other public
places.
14.
Pile drivers, hammers, etc. The operation from 6:00
P.M. to 7:00 A.M. of any pile driver, steam shovel, pneumatic hammer,
derrick, steam or electric hoist or other appliance, the use of which
is attended by loud or unusual noise without a special permit from
the Chairman and Board of Trustees.
15.
Blowers. The operation of any noise-creating blower
or power fan or any internal combustion engine, the operation of which
causes noise due to the explosion of operating gases or fluids, unless
the noise from such blower or fan is muffled and such engine is equipped
with a muffler device sufficient to deaden such noise.
16.
Sound trucks. The use of mechanical loudspeakers
or amplifiers on trucks or other moving or standing vehicles for advertising
or other commercial purposes; the use of sound trucks for non-commercial
purposes during such hours or in such places or with such volume as
would constitute such use a public nuisance.
17.
Automobile repair. The doing of any activity in
the course of repairing or altering a motor vehicle or equipment thereof,
in the nighttime, which creates any disturbing noise audible on the
premises of another.
18.
Trash/sanitation services. The pickup, servicing,
loading, dumping, unloading of any sanitation receptacle by a vehicle
between the hours of 11:00 P.M. and 6:00 A.M. on weekdays and between
the hours of 11:00 P.M. and 7:00 A.M. on Saturdays and Sundays in
residential areas.
D.
Harassment. A person commits the crime of harassment if
for the purpose of frightening or disturbing another person, such
person:
E.
Misuse Of 9-1-1 Emergency Telephone Service.
1.
EMERGENCY
MISUSE THE 9-1-1 EMERGENCY TELEPHONE SERVICE
Definitions. For purpose of this Section, the following
words, terms, and phrases shall have the following meanings:
Any incident involving danger to life or property that calls
for an emergency response dispatch of Police, Fire, EMS or other public
safety organizations.
Calling "9-1-1" for non-emergency situations causing dispatchers,
operators or equipment to be in use for such non-emergency situation.
2.
It shall be unlawful for any person to misuse the 9-1-1 emergency
telephone service.
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.
[Ord. No. 10-485 §1, 8-19-2010]
A.
KEEPER OF A PLACE OF PUBLIC RESORT
PUBLIC RESORT
Definitions. For purpose of this Section, the following
words, terms, and phrases shall have the following meanings:
Any owner or person in charge of an establishment having
rooms for the purpose of overnight accommodation of transient guests.
An establishment having rooms for the purpose of commercial
overnight accommodation of transient guests.
B.
No
keeper of a place of public resort shall permit any breach of the
peace or disturbance of public order or decorum by noisy, riotous,
and disorderly conduct on his premises, when it is in his/her power
to prevent it.
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.
FUNERAL and BURIAL SERVICE
OTHER PROTEST ACTIVITIES
Definitions. As used in this Section, the following terms 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.
Any action that is disruptive or undertaken to disrupt or
disturb a funeral or burial service.
C.
The offense of unlawful funeral protest shall be an ordinance violation.
[Ord. No. 23-011, 11-13-2023]
A.
A person
shall not commit or engage in any act of disorderly conduct by behaving
in such manner to knowingly and actually:
1.
Act in a violent or tumultuous manner toward another whereby any
person is placed in danger or injury to his/her life, limb, or health.
2.
Act in a violent or tumultuous manner toward another, whereby public
property or property of any other person is placed in danger of being
destroyed or damaged.
3.
Endanger lawful pursuits of another by acts of violence, threats
of bodily harm, or abusive conduct.
4.
Cause, provoke, or engage in any fight, brawl, or riotous conduct
to endanger the life, limb, health, or property of another or public
property.
5.
Assemble in bodies or in crowds and engage in unlawful activities.
6.
Be in public while under the influence of an intoxicating liquor
or drug in such a condition as to be unable to exercise care for his/her
own safety or the safety of others.
7.
Assemble or congregate with another or others for the purpose of
causing, provoking, or engaging in any fight or brawl or for causing
bodily harm to another.
8.
Frequent any public place with the intent to obtain money from another
by illegal or fraudulent schemes, tricks, artifices, or devises, or
attempting to do so.
9.
Utter while in a public place, in a loud, abusive, or threatening
manner, any obscene words, epithets, or similar abusive language.
Words merely causing displeasure or annoyance are not prohibited.
10.
Use fighting words directed to another person.
11.
Make or cause to be made any loud, boisterous, and unreasonable noise
or disturbance to the annoyance of any other persons nearby 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.
Fail 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.
Obstruct singularly or congregating with another or others on any
public way to halt the flow of vehicular or pedestrian traffic and
refusing to clear such public way when ordered to do so by a Law Enforcement
Officer or other person having authority.
14.
Damage, befoul, or disturb public property or the property of another
for the purpose of creating a hazardous, unhealthy, or physically
offensive condition.
15.
Cause inconvenience to another person or persons in a public place
or on private property of another without consent by unreasonably
and physically obstructing vehicular or pedestrian traffic or the
free ingress or egress to or from the public or private place, either
purposefully or while in an intoxicated or drugged condition.
