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.
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:
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.
B.
When any person causes or commits any of the conditions enumerated in Subsection (A), 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.
C.
LOITERING
PUBLIC PLACE
Definitions. As used in this Section, the following terms
mean:
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".
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 and public or parochial schools.
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 a misdemeanor for two (2) or more persons, voluntarily
or by agreement in any public place within the City to engage in any
fight or to use any blows or violence or mischief toward each other
in any angry or quarrelsome manner.
It shall be unlawful for any person in any place open to the
public to address another with words which threaten, quarrel or challenge
to fight. It shall further be unlawful for any person in any place
open to the public to address another with obscene, offensive, profane
or unseemly language likely to cause annoyance, disturbance or vexation
of a person of ordinary sensibilities or which are likely to provoke
another to fight.
A.
It
shall be a misdemeanor for any person at any time to create, permit
or cause or permit to be created or caused any loud noise or other
sound by means of broadcasting apparatus or device or by accelerating
rapidly the motor of any vehicle or by causing the backfiring of the
motor of any vehicle or by the honking of a horn or by spinning rapidly
the wheels of a vehicle or by the emission of loud exhaust noises
from a vehicle in, upon or around any premises used or occupied as
a drive-in restaurant or other public establishment within the City.
B.
DRIVE-IN RESTAURANT
PUBLIC ESTABLISHMENT
Definitions. For the purposes of this Section, the terms "drive-in restaurant" and "public establishment" are defined as follows:
A place of business wherein beverages, food or refreshments
are served to patrons for consumption on the premises at tables or
stands in open or unenclosed areas or in any vehicle stopped, standing
or parked in or upon the premises.
Includes any commercial activity conducted within the City.
Every person who shall willfully, maliciously or contemptuously
disquiet or disturb any congregation or other assembly met for religious
worship or when meeting at the place of worship or dispersing therefrom
or any school or meeting or assembly of people met together for any
lawful purpose whatever by making a noise or by rude or indecent behavior
or profane discourse within the place of assembly or so near the same
as to interrupt or disturb the order or solemnity thereof or who shall
willfully menace, threaten or assault any person there being shall
be guilty of an offense.
