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 including, but not limited to, the playing of any
radio, music player such as a "boom box", tape cassette, disc player,
television, audio system or musical instrument in a manner or at a
volume that disturbs the peace of any other person; except, however,
that nothing herein shall be construed to prohibit an otherwise lawful
public concert or public performance. For the purpose of prosecution
under this Subsection, it shall be presumed that the playing of any
radio, music player such as a "boom box", tape cassette, disc player,
television, audio system or musical instrument is disturbing to the
peace of another person if played at a volume which is plainly audible
and disturbing to persons within the same multiple dwelling or structure
(including, but not limited to, a duplex, condominium, apartment or
office) or to persons within a structure more than twenty (20) feet
away from the source of the noise or to persons more than fifty (50)
feet away from the source of the 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.
[CC 1999 §§4.0408 — 4.0410; Ord. No. 99-11-01 §2, 11-16-1999]
A.
INCITE A RIOT
PUBLIC PLACE
RIOT
The
following terms shall have these prescribed meanings in the Disorderly
Conduct Ordinance:
Shall mean, but is not limited to, urging or instigating
other persons to riot, but shall not be deemed to mean the mere oral
or written:
Any place 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.
A public disturbance involving a person knowingly assembled
with six (6) or more other persons and agrees with such persons to
violate any criminal law or ordinance and thereafter, while still
so assembled, does violate any said laws or ordinances with force
or violence.
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; or
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; or
3.
Causes, provokes or engages in any fight, brawl or riotous conduct
so as to endanger the life, limb, health or property of another; or
4.
Interferes with another's pursuit of a lawful occupation by acts
of violence; or
5.
Obstructs, either singularly 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; or
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 safety or the safety of others; or
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; or
8.
Incites, attempts to incite or is involved in attempting to incite
a riot; or
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 expressing
or causing displeasure, annoyance or resentment are not prohibited);
or
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; or
12.
Fails to obey the 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; or
13.
Uses abusive or obscene language or makes an obscene gesture.
C.
Exceptions To Disorderly Conduct. Disorderly conduct 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.
A.
PUBLIC PLACE
Definition. The following term shall be defined
as follows:
Any place, including inside a building, 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 knowingly and actually:
1.
Obstruct any public street, public highway, public sidewalk
or any other public place or building by hindering or impeding 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.
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.