As used in this Article, the following terms mean:
PRIVATE PROPERTY
Any place which at the time of the offense is not open to
the public. It includes property which is owned publicly or privately.
PUBLIC PLACE
Any place which at the time of the offense is open to the
public. It includes property which is owned publicly or privately.
[Ord. No. 1338-2017, 4-3-2017]
A. No
person shall make, continue, or cause to be made or continued:
1. Any unreasonable loud or raucous noise;
2. Any noise which unreasonably disturbs, injures, or endangers the
comfort, repose, health, peace, or safety of reasonable persons of
ordinary sensitivity, within the jurisdictional limits of the City;
or
3. Any noise which is so harsh, prolonged, unnatural, or unusual in
time or place as to occasion unreasonable discomfort to any persons
within the neighborhood from which such noises emanate, or as to unreasonably
interfere with the peace and comfort of neighbors or their guests,
or operators or customers in places of business, or as to detrimentally
or adversely affect such residences or places of business.
B. Factors
for determining whether a sound is unreasonably loud and raucous,
include, but are not limited to the following:
1. The proximity of the sound to sleeping facilities, whether residential
or commercial;
2. The land use, nature, and zoning of the area from which the sound
emanates and the area where it is received or perceived;
3. The time of day or night the sound occurs;
4. The duration of the sound; and
5. Whether the sound is recurrent, intermittent, or constant.
C. Exemptions.
Sounds caused by the following are exempt from the prohibitions set
out above:
1. Repairs of utility structures which pose a clear and immediate danger
to life, health or significant loss of property.
2. Sirens, whistles, or bells lawfully used by emergency vehicles, or
other alarm systems used in case of fire, collision, civil defense,
police activity, or imminent danger.
3. The emission of sound for the purpose of alerting persons to the
existence of an emergency or the emission of sound in the performance
of emergency work.
4. Repairs or excavations of bridges, streets or highways by or on behalf
of the City, the State, or the Federal government, between the hours
of 7:00 p.m. and 7:00 a.m. when public welfare and convenience renders
it impractical to perform the work between 7:00 a.m. and 7:00 p.m.
5. Outdoor School And Playground Activities. Reasonable activities conducted
on public playgrounds and public or private school grounds, which
are conducted in accordance with the manner in which such spaces are
generally used, including but not limited to school athletic and school
entertainment events.
6. Other Outdoor Events. Outdoor gatherings, public dances, shows and
sporting events, and other similar outdoor events, provided that a
permit has been obtained from the appropriate permitting authority.
7. Lawn Care Maintenance. Normal activities maintaining a residential
yard when operated at reasonable times using lawn mowers, weed eaters,
chain saws and similar maintenance equipment.
D. A person
who violates a provision of this Section is guilty of a misdemeanor
which is punishable by a fine of not to exceed five hundred dollars
($500.00) or imprisonment not to exceed ninety (90) days, or both.
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. 1191-2012 §1, 4-2-2012]
A. A person
shall be guilty of disorderly conduct if he/she recklessly or knowingly
causes danger, alarm, disorder or nuisance to another person, or by
doing any of the following acts:
1. Commits an act in a violent or tumultuous manner toward another whereby
another is placed in danger of life, limb or health;
2. Commits an act in a violent or tumultuous manner toward another whereby
the property of another 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 and refuses to clear such public
way when ordered to do so by the City Police or other lawful authority;
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. Addresses abusive language or threats to any member of the Public
Safety Department, any other authorized official of the City who is
engaged in the lawful performance of his/her duties, or any other
person when such words have a direct tendency to cause acts of violence.
Words merely causing displeasure, annoyance or resentment are not
prohibited;
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 which is likely to annoy any other persons nearby,
or near to any public highway, road, street, lane, alley, park, square
or common;
12. Fails to obey a 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;
13. Uses abusive or obscene language or makes an obscene gesture which
is likely to produce an immediate violent response from a reasonable
recipient;
14. A person shall be guilty of disorderly conduct if a person knowingly
allows disorderly conduct to occur upon any premises owned or possessed
by him/her or under his/her control.
B. 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.
[Ord. No. 396-82 Art. VI §7, 12-20-1982]
A person commits the ordinance violation of keeping a disorderly premises if he/she shall permit, allow or encourage any peace disturbance, as defined in Section
210.670, to occur or continue on premises owned or controlled by him/her.
[Ord. No. 396-82 Art. VI §9, 12-20-1982]
It shall be unlawful for any person to commit a nuisance upon
any place open to the public view within the corporate limits of the
City of Kearney by emptying, discharging or evacuating ordure or urine
thereon.
[Ord. No. 396-82 Art. VI §12, 12-20-1982]
It shall be unlawful for any person within the limits of said
City to engage in, be present at or be in any manner concerned in
any cock fight, dog fight or any fight between animals of any kind
which are pitted against each other or to allow or permit any such
fight in any house or upon any premises in his/her possession or under
his/her control.
[Ord. No. 396-82 VI §16, 12-20-1982]
It shall be unlawful for any person to throw any stone, brickbat,
ball or other missile within the limits of the City so as to strike
or annoy any person or damage or likely to damage any building or
other property.
[Ord. No. 396-82 Art. VI §17, 12-20-1982]
A. The
following persons shall be deemed vagrants:
1. Every person who may be found loitering around within the City without
any visible means of support.
2. Every person who shall attend or operate any gambling device or apparatus.
3. Every person who shall engage in any unlawful calling whatsoever.
4. Any able-bodied married man who shall neglect or refuse to provide
for the support of his/her family.