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.Â
A person commits the offense of peace disturbance if he or she:
1.Â
Unreasonably and knowingly disturbs or alarms another person
or persons by:
a.Â
Loud noise; or
b.Â
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.Â
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.Â
Fighting; or
e.Â
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.
[Ord. No. 2500 §1, 8-20-2007; Ord. No. 3834, 4-2-2018]
A.Â
LOITERING
MAJOR ROADWAY
PUBLIC PLACE
ROADWAY
SIDEWALK
For the purpose of this Section the following terms are defined:
Remaining idle in essentially one (1) location and shall
include the concept of spending time idly; to linger; to stay; to
saunter; to delay; to stand around.
Any roadway with a speed limit of at least thirty (30) miles
per hour or greater and/or average traffic volumes greater than fifteen
thousand (15,000) vehicles per day, and which has been designated
as a Major Roadway by the Traffic Engineer.
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.
The portion of a street or highway improved, designed or
ordinarily used for vehicular travel and extending from one (1) curb
or edge of pavement to the opposite curb or edge of pavement, including
lanes commonly used for parking and including center medians and lane
dividers.
That portion of a public right-of-way between the curb lines,
or the lateral lines of a roadway, and the adjacent property lines
intended for use by pedestrians.
B.Â
It shall be unlawful for any person to loiter, loaf, wander, stand
or remain idle either alone and/or with others in a public place in
such manner so as to:
1.Â
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 or to linger thereabout after business
hours.
2.Â
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.
C.Â
When any person violates any of the provisions of this Section, a
Police Officer or any Law Enforcement Officer may 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 in violation
of this Section and any person having been previously warned about
loitering found to be doing so shall be in violation of this Section.
D.Â
No person shall cross a Major Roadway at any place except in a crosswalk.
Where there is no crosswalk, a person shall cross only where a pedestrian-control
signal is located. Where there is no crosswalk or pedestrian-control
signal, a person shall cross only at an intersection.
E.Â
No person shall be located upon a median in a Major Roadway. Failure
of a person to leave the median after two (2) consecutive opportunities
to cross the roadway in a lawful manner is prima facie evidence of
a violation of this Subsection, unless such a person's mobility is
restricted to a degree which makes such person unable to safely cross
the roadway during two (2) consecutive opportunities.
A.Â
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.Â
A person commits the offense of disrupting a house of worship if
such person:
1.Â
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.Â
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.Â
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.Â
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.Â
The offense of unlawful funeral protest shall be an ordinance violation.
[CC 1988 §62.410; Ord. No. 989 §1, 11-7-1994]
A.Â
No
person shall use or perform any type musical instrument or device
in any public way or public place in the City before 7:00 A.M. or
after 10:00 P.M. of any day, except on special occasions as approved
and authorized by the Board of Aldermen.
B.Â
No
person shall use any premises in such a way as to destroy the peace
and tranquility of the surrounding neighborhood.
C.Â
No
person shall erect (including excavation), demolish, alter or repair
any property, building or structure other than between the hours of
6:30 A.M. to 8:00 P.M. Monday through Friday, from 9:00 A.M. to 6:00
P.M. on Saturday and from 12:00 P.M. to 6:00 P.M. on Sunday within
one thousand (1,000) feet of a residence or hospital, except in case
of urgent necessity in the interest of public health and safety and
then only with a permit from the Building Inspector, which permit
may be granted for a period of not to exceed three (3) days or less
while the emergency continues and which permit may be renewed for
periods of three (3) days or less while the emergency continues.
D.Â
No
person shall activate or cause to be activated any horn or audible
signal device on any motor vehicle of any kind except as a warning
of danger or peril as provided in the motor vehicle and traffic ordinance.
