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.
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.
[Code 1999 §210.285; Ord. No. 344 §1(710.130), 2-12-1981; Ord. No. 794, 7-8-2021]
A.
The following acts, among others, are declared to be loud and unusual noise and constitute violations of Section 210.670 of this Chapter, but this enumeration shall not be deemed to be exclusive:
1.
The sounding of any horn or signal device or any device on any automobile,
motorcycle, bus, truck, or other vehicle while not in motion, except
as a danger signal if another vehicle is approaching apparently out
of control, or if in motion, only as a danger signal after or as brakes
are being applied and deceleration of the vehicle is intended; the
creation by means of any such signal device of any unreasonably loud
or harsh sound; and the sounding of such device when unnecessary and
for any unreasonable period of time.
2.
The use of any gong, bell, or siren upon any vehicle, other than
Police, fire, ambulance, or other emergency vehicles.
3.
The use or operation of any piano, manual or automatic, phonograph,
radio, tape recorder or tape player, musical instrument, or any other
instrument or sound-amplifying device so loudly as to annoy or disturb
the quiet, comfort or repose of persons in any dwelling, office, or
other type of residence, or any of the persons in the vicinity; provided,
that upon application to the Board of Aldermen, permits may be granted
to responsible organizations to produce programs of music, speeches
or general entertainment.
4.
Keeping of any animal, bird or fowl, which, by causing frequent or
long continued noise, shall disturb the comfort or repose of any person
in the vicinity.
5.
The unreasonable and unnecessary and prolonged blowing of any steam
whistle, diesel whistle or air whistle.
6.
To discharge into the open air the exhaust of any steam engine, stationary
internal combustion engine, motor vehicle engine or motorboat engine,
except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
7.
The creation of loud and excessive noise in connection with loading
or unloading any vehicle or the opening and destruction of bales,
boxes, crates and containers.
8.
The use of any mechanical device operated by compressed air, unless
the noise created thereby is effectively muffled and reduced.
9.
The erection including excavation, demolition, alteration or repair
of any building in a residential or business district other than between
the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in the case
of urgent necessity in the interest of public safety, which urgent
necessity must be determined in advance by the Mayor.
10.
The firing or discharging of any fireworks, gun powder, or other
combustible or explosive substance in the streets or elsewhere for
the purpose of making noise or disturbance.
11.
Power lawn mowers, weed eaters and leaf blowers when operated on
City streets between the hours of sunset and sunrise.
12.
There shall be excepted from the terms of the preceding Subsections,
and the prohibitions therein contained shall not apply or be enforced
against:
a.
Excavations or repairs of bridges, streets, or highways or public
utilities by or on behalf of the City, the County, the State, or the
public utility companies during the nighttime when the public welfare
and convenience renders it impracticable to perform such work during
the day.
b.
The reasonable use of amplifiers in the course of public address,
public music, and public entertainment which are non-commercial in
character and when such use is permitted in advance by the Board of
Aldermen of this City.
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.
It shall be unlawful for any person or persons within the corporate
limits of this City to throw out, discharge, place or deposit any
animal dung or human excrement upon any street, alley or to urinate
or defecate upon the stairways, hall, floors or entrances of any public
building or urinate or defecate upon any sidewalk.
[Ord. No. 767, 1-10-2019]
A.
Panhandling
means any solicitation made in person requesting an immediate donation
of money or other thing of value from another person.
B.
A person
commits the offense of unlawful panhandling if he or she engages in
solicitation under the following circumstances:
1.
On residential or private property after having been asked to leave
or refrain from panhandling by the owner or other person lawfully
in charge of the property or lawfully in possession of the property.
2.
On any public street or within thirty (30) feet of any intersection
of public streets.
3.
Within thirty (30) feet of an entrance to a building.
4.
When the person solicited is waiting in line or is in a motor vehicle.
[Ord. No. 770, 5-23-2019]
A.
It
shall be unlawful for any person to commit the offense of disorderly
conduct if, with the purpose to cause public inconvenience, annoyance,
or alarm or recklessly creating a risk thereof, he or she:
1.
Engages in fighting or in violent, threatening, or tumultuous behavior;
or
2.
Makes unreasonable or excessive noise; or
3.
In a public place, uses abusive or obscene language, or makes an
obscene gesture, in a manner likely to provoke a violent or disorderly
response; or
4.
Disrupts or disturbs any lawful assembly or meeting of persons; or
5.
Obstructs vehicular or pedestrian traffic; or
6.
Congregates with two (2) or more persons in a public place and refuses
to comply with a lawful order to disperse from a Law Enforcement Officer
or other person engaged in enforcing or executing the law; or
7.
Creates a hazardous or physically offensive condition; or
8.
In a public place mars, defiles, desecrates, or otherwise damages
a patriotic or religious symbol that is an object of respect by the
public or a substantial segment thereof; or
9.
In a public place, exposes his or her private parts.
B.
Any
person convicted of violating this Section shall be subject to a fine
of not less than two hundred fifty dollars ($250.00). Every day upon
which such violation occurs shall constitute a separate offense.
