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.
A.
PUBLIC PLACE
Definition. The following term shall be defined
as follows:
Any place 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:
1.
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;
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.
PUBLIC PLACE
RIOT
1.
2.
INCITE A RIOT
Definitions. As used in this Article, the following terms
shall have these prescribed meanings:
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
ways or parks.
A public disturbance involving:
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 the person or any
other individual.
A threat or threats of the commission of an act or acts of having,
individually or collectively, the ability of immediate execution of
such threat or threats, where the performance of the threatened act
or acts or 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 or any other individual.
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:
B.
Disorderly Conduct Prohibited. A person shall be guilty
of disorderly conduct if 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, limb or health.
2.
Commits an act in 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 in a public way and refuses to
clear such public way when ordered to do so by the City Police.
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.
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.
Damages, befouls, or disturbs public property or the property of
another so as to create a hazardous, unhealthy, or physically offensive
condition.
10.
Makes or causes to be made any loud, boisterous noise or disturbance
on or in any public way or park, whereby the public peace is broken
or disturbed.
11.
Fails to obey a reasonable order to disburse by Police Officer when
known to be such an official.
C.
Exemptions. This Section 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.
D.
Invalidity Of A Part. If any Section, Subsection, sentence,
clause or phrase of this Section is for any reason held to be invalid
by any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Section. The Board
of Aldermen hereby declares that it would have passed this Section
and each Subsection, sentence, cause or phrase hereof, irrespective
of the fact that any one (1) or more other Subsections, sentences,
clauses or phrases be declared invalid.
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.
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.
