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.
D.
Upon
the approval of the Mayor and/or the City Administrator, upon a written
request to do so, filed at least fourteen (14) days prior to such
use, may order that a public street or streets be closed for pedestrian
use. The closed street or streets shall be clearly identified with
such barriers to prevent access by vehicular traffic during such periods
of use.
A.
A person
shall be guilty of the misdemeanor of disorderly conduct if, with
the purpose of causing public danger, alarm, disorder or 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 another is placed in danger of his/her life, limb or
health;
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;
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 lawful occupation by acts of
violence;
5.
Obstructs, either singly or together with other persons, the flow
of vehicular or pedestrian traffic and refuse to clear such public
way when ordered to do so by the City Police or other lawful authority
known to be such;
6.
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;
7.
Incites, attempts to incite or is involved in attempting to incite
a riot;
8.
Addresses abusive language or threats to any member of the City Police
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 direct tendency to cause acts of violence. Words merely
causing displeasure, annoyance or resentment are not prohibited;
9.
Damages, befouls or disturbs public property or the property of another
so as to create a hazardous, unhealthy or physically offensive condition;
10.
Fails to obey a lawful order to disperse by a Police Officer, when
known to be such, where one (1) or more persons are committing acts
of disorderly conduct in the immediate vicinity and the public health
and safety is immediately threatened.
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.