For the purposes of Sections
210.210 and
210.215, the following words shall have the meanings set out herein:
PRIVATE PROPERTY
Any place which at the time is not open to the public. It
includes property which is owned publicly or privately.
PUBLIC PLACE
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.
[CC 1979 §§75.210 — 75.212]
A. Definitions. As used in this Section, the following terms
mean:
INCITE A RIOT
Means, but is not limited to, 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 also include the front or immediate area of any store,
shop, restaurant, tavern or other place of business and also public
grounds, area 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 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 if 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 and 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 the 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 safely 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.
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.
[CC 1979 §§75.200 — 75.201]
A. Definitions. As used in this Section, the following terms
mean:
LOITERING
Remaining idle in essentially one (1) location and shall
include the concept of spending time idly; to be dilatory; to linger;
to stay; to saunter; to delay; to stand around and shall also include
the colloquial expression "hanging around".
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 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. Loitering — Police Order To Disperse — Penalty.
1. It shall be unlawful for any person to loiter, loaf, wander, stand
or remain idle either alone and/or in consort with others in a public
place in such manner so as to:
a. 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.
b. 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.
2. When any person causes or commits any of the conditions enumerated in Subsection
(1) herein, 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 the ordinance.
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.
[Ord. No. 3554 §1, 12-4-2012]
A. Every
citizen may freely speak, write and publish the person's sentiments
on all subjects, being responsible for the abuse of the right, but
no person shall picket or engage in other protest activities, nor
shall any association or corporation cause picketing or other protest
activities to occur 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. 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
service" 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 (300) foot zone that is established under Subsection
(A) above.
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.
[CC 1979 §75.065]
Whosoever shall in this City make any noise by any musical instrument
that can be heard outside of any house, vehicle or business building
between the hours of 10:00 P.M. and 7:00 A.M. on weekdays or any time
on Sunday or any person who shall knowingly suffer and permit any
such noise in or about such house or business buildings owned or possessed
by him/her or under his/her management or control so that others are
disturbed thereby shall be deemed guilty of an ordinance violation.