[Code 1964, § 19-7; Ord. No. 1239, § 1, 6-21-1984; Ord. No. 1415, § 1, 6-1-1989; Ord. No. 2306 § 1, 11-6-2014; Ord. No. 2382 § 2, 1-5-2017]
(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:
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
e.
Creating a noxious and offensive odor.
(2)
Is in a public place or on private property of another without
consent and purposely causes inconvenience to another person or persons
by unreasonably and physically obstructing:
a.
Vehicular or pedestrian traffic; or
b.
The free ingress or egress to or from a public or private place.
(3)
Willfully interrupts, disrupts or disturbs any lawful meeting
or assembly.
(4)
While on private property, unreasonably and purposely causes
alarm to another person or persons on the same premises by threatening
to commit an offense against any person or by fighting. For purposes
of this Subsection, if a building or structure is divided into separately
occupied units, such units are separate premises.
(b) For purposes of this Section, an offense committed by means of writing,
telephonic communication or electronic communication shall be deemed
to have occurred at the place from which the communication was made
or sent and at the place where the communication was first heard or
read by the recipient.
[Code 1964, § 19-30]
A person commits the crime of unlawful assembly if he 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.
[Ord. No. 2172 § 1, 5-19-2011]
(a) Definitions. As used in this section, the following
terms shall have the meanings and definitions hereinafter provided:
EMERGENCY
Any incident involving danger to life or property that calls
for an emergency response dispatch of police, fire, EMS, or other
public safety organization.
REPEATEDLY
Three (3) or more times within a thirty-day period.
(b) It shall be unlawful for any person to repeatedly misuse the 911
emergency telephone service.
(c) It shall be unlawful for any person to misuse the 911 emergency telephone
service after receiving a written warning regarding the misuse of
the 911 system from police or emergency personnel, regardless of the
number of calls during any one period of time.
[Ord. No. 2306 § 2, 11-6-2014
A person commits the crime of rioting if he 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.
[Ord. No. 2306 § 2, 11-6-2014
A person commits the crime of refusal to disperse if, being
present at the scene of an unlawful assembly, or at the scene of a
riot, he 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. 2382 § 2, 1-5-2017]
(a) No person shall knowingly picket or engage in other protest activities,
nor shall any association or corporation knowingly cause picketing
or other protest activities to occur, within three hundred (300) feet
of any residence, cemetery, funeral home, church, synagogue, or other
establishment or location during or within one (1) hour before or
one (1) hour after any actual funeral or burial service at that place.
(b) As used in this Section, "other protest activities" means any action
that is disruptive or undertaken to disrupt or disturb a funeral or
burial service.
(c) As used in this Section, "funeral" and "burial" services 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 (300) foot zone that is established under Subsection
(a) above.
[Ord. No. 2382 § 2, 1-5-2017]
It shall be unlawful for any person who owns, maintains, leases
or is otherwise in possession or control of any real property to permit
or allow persons thereon to conduct themselves in a loud or unruly
manner so as to cause hurt, injury, annoyance, inconvenience or danger
to the public or any member thereof, and it shall be the duty of any
such person in possession or control to take such steps as are available
to disperse such loud or unruly persons.
[Ord. No. 2382 § 2, 1-5-2017]
A person commits the offense of drunkenness or drinking in a
prohibited place if he or she enters any schoolhouse, government building
or church house in which there is an assemblage of people, met for
a lawful purpose, in an intoxicated and disorderly condition, and
disrupts such assembly.
[Ord. No. 2382 § 2, 1-5-2017]
A person commits the offense of obstructing government operations
if he or she purposely obstructs, impairs, hinders or perverts the
performance of a governmental function by the use or threat of violence,
force, or other physical interference or obstacle.
[Code 1964, § 19-21; Ord. No. 1506, § 1, 2-2-1992; Ord. No. 1773, § 1, 5-21-1998; Ord. No. 2382 § 2, 1-5-2017; Ord. No. 2587, 8-27-2020]
(a) The creation of any unreasonably loud, disturbing or unnecessary
noise in the City is prohibited. The following acts are declared to
be loud, disturbing and unnecessary noises in violation of this Section,
but such enumeration shall not be deemed to be exclusive:
(1) Horns,
signals, etc. The sounding of any horn or signal device on any motor
bus, motorcycle, automobile or other vehicle while not in motion on
a public street or highway, except as a danger signal if another vehicle
is approaching apparently out of control, or if in motion, the excessive
or prolonged sounding except only as a danger signal, after or as
brakes are being applied and deceleration of the vehicle is intended;
the creation by means of any such signal device of any unreasonably
loud or harsh sound; and the sounding of such device for an unnecessary
or unreasonable period of time.
(2) Radio/phonograph/etc.
The playing of any radio, phonograph, loudspeaker, sound amplifier,
musical instrument or other device in such manner or with such volume
which would reasonably annoy or disturb the peace, quiet, comfort
or repose of persons located outside the structure, vehicle or premises
where the noise is generated; provided that any such noise that can
be distinctly heard at a distance of more than one hundred (100) feet
from its source shall be deemed unreasonably loud, disturbing and
unnecessary.
(3)
Animals and fowl. Any animal, bird or fowl which by causing
frequent or long continued noise shall tend to disturb the comfort
and repose of any person in the vicinity; provided, that any such
noise that can be distinctly heard at a distance of more than one
hundred (100) feet from its source shall be deemed excessive.
(4)
Vehicles. The use of any automobile, motorcycle, streetcar or
other vehicle so out of repair, so loaded or in such manner as to
create loud and unnecessary grating, grinding, rattling or other noise.
(5)
Whistles and sirens. The blowing of any steam whistle attached
to any stationary boiler, or any other whistle or siren, except to
give notice of the time to begin or stop work or as a warning of danger;
or the use of steam under pressure for cleaning purposes in any establishment
between the hours of 10:00 P.M. and 7:00 A.M., when the windows of
such establishment are open.
(6)
Blow-off/exhaust/etc. The discharge into the open air of the
blow-down of any steam engine or of the exhaust of any stationary
internal combustion engine or motor vehicle, or of the escape valve
from the unloader of any air compressor except through a muffler or
other device which will effectively prevent loud or explosive noises
therefrom.
(7)
Construction on Sunday. The erection (including excavating),
demolition, alteration or repair of any building or other structure
on Sunday, except in case of urgent necessity from the city engineer,
which permit may be renewed for a period of three (3) days or less
while the emergency continues.
(8)
Hospitals/churches/schools. The creation of any excessive or
unnecessary noise within one hundred fifty (150) feet of any portion
of the grounds and premises on which is located a hospital or other
institution reserved for the sick, or any church or any school or
other institution of learning, which unreasonably interferes with
the proper functioning of any such place; provided, that conspicuous
signs are placed in the public highways indicating the zones within
which such noises are prohibited. The police department is authorized
to cause to be placed as many signs as it may deem necessary to properly
indicate such quiet zones and to call attention to the prohibition
against excessive or unnecessary noises within such zones.
(9)
Sound trucks, advertising, etc. The use of any drum, loudspeaker
or other instrument or device for the purpose of attracting attention
by creation of noise, or for advertising purposes.
(10)
Construction equipment and yard maintenance equipment. The use,
between the hours of 10:00 P.M. and 7:00 A.M., of construction equipment
such as power saws, power hammers, drills, and similar loud power
tools; or lawnmowers, grass trimmers, chain saws, shredders, or similar
yard or exterior maintenance equipment powered by internal combustion
engines; or the use of leaf or grass blowers or yard vacuums powered
by internal combustion or electric engines.
(11) Basketball activity. The playing of any type of game or engaging
in other activity with a basketball by one (1) or more persons on
residential property between the hours of 10:00 P.M. and 7:00 A.M.,
in a manner which would reasonably annoy or disturb the peace, quiet,
comfort or repose of any person.
(b) No sound source specifically exempted from a maximum permissible
sound level by this section shall be a public disturbance noise, insofar
as the particular source is exempted.
(c) The following sounds are exempt from the provisions of this section
at all times:
(1)
Sounds originating from aircraft in flight;
(2)
Sounds created by safety and protective devices, such as relief
valves, where noise suppression would defeat the safety release intent
of the device;
(3)
Sounds created by fire alarms; and
(4)
Sounds created by emergency equipment and emergency work necessary
in the interest of law enforcement or of the health, safety or welfare
of the community, including but not limited to snow removal and other
equipment involved in clearing streets, parking lots and driveways.
[Code 1964, § 19-22]
(a) It shall be unlawful for any procession or body of persons accompanied
with martial music to march or pass through, or for any person to
play any musical instrument in any of the streets of the city within
one (1) block of any house of worship on Sunday during the hours of
worship. It shall be unlawful for any band of music to play in the
streets for any procession with advertising devices or to move on
the streets without a permit from the police department.
(b) No person shall carry about the streets, alleys or other public highways
of the city any hand organ or other musical instrument for the purpose
of playing music thereon for gain; provided that, this section shall
not be construed to refer to music required for a military parade,
funeral or other procession, or serenading party in possession of
a proper permit therefor.
[Code 1964, § 19-23]
No person shall use or cause to be used any bell or other sounding
instrument as a means of attracting persons to an auction or other
place of business.