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.
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.
[R.O. 2012 §230.630; Ord. No. 6454 §§2 — 3, 12-16-1974]
A. Definitions. For the purposes of this Section the following
terms shall be deemed to have the meaning indicated below:
OBSTRUCTION
The interference with or prevention of, convenient or reasonable
passage or use of the public street or alley or sidewalk or way or
place or building, or entrance or doorway into or out of any building
which is open to the public by any individual or group of individuals.
PUBLIC
Affecting or likely to affect persons in a place to which
the public or a substantial group has access; among said places are
included public streets, alleys, sidewalks, places, public buildings,
or parks, any places of commerce, business or amusement while said
buildings, places of commerce, business or amusement are open to the
public.
B.
It is unlawful for any person,
whether alone or with others, without legal privilege to do so, to
obstruct vehicular or pedestrian movement on any street, alley, sidewalk,
way, place or doorway or entrance into or out of any building which
is open to the public.
UNLAWFUL
As used in the above paragraph shall be construed to cover
the following:
1.
One, whether alone or with others, intentionally causes or creates
an obstruction.
2.
One, whether alone or with others, causes, creates or contributes
to causing or creating an obstruction where a reasonable man in the
same circumstances would be aware that he/she was causing, creating
or contributing to causing or creating an obstruction.
LEGAL PRIVILEGE TO DO SO
As used in the first paragraph hereof shall include along with exception of Subsections
(C) and
(D), by way of illustration, but not limitation, the following as examples: Awaiting public transportation in areas designated therefor and persons acting in accordance with a license or permit used by the City for construction or other work in, over, on or under the public way or place.
C. No
person shall be deemed to have violated this Section solely because
of a gathering of persons for the purpose of hearing him/her speak
or solely because of being a member of such a gathering. Such person
commits a violation if he/she refuses to obey a reasonable request
or order by a Police Officer to move.
1. To prevent obstruction of a public street, alley, sidewalk, public
way, place or building, or entrance or doorway into or out of a building
open to the public and at the same time permit the gathering to continue
to satisfy its purpose or purposes; or
2. To maintain public safety by dispersing those gathered in dangerous
proximity to a fire or hazard.
D. The provision of Subsection
(C) above shall not apply to persons on a sidewalk along the route of a parade permitted by the City; however, any such person(s) who fail(s) to move when requested to do so by a Police Officer making a lane available for pedestrians commits a violation of this Section.
E. The
violation of any of the provisions of this Section shall be an ordinance
violation and upon conviction thereof the person shall be fined not
less than twenty-five dollars ($25.00) nor more than five hundred
dollars ($500.00) or by incarceration in the City Jail for not more
than ninety (90) days or by both such fine and imprisonment.
[R.O. 2012 §230.390; Ord. No. 1518 §10, 5-28-1912; CC 1973 §24-45]
Whoever shall, within the City, disturb or disquiet any congregation
or assembly of persons, by making any noise or by loud talking, rude
or indecent behavior or by profane discourse within or about their
place of assembly, or so near the place as to disturb the order or
solemnity of their meeting, and whoever shall in this City, by loud
or boisterous talking, rude or indecent behavior, or wilfully extinguishing
the lights in any hall or building occupied by an audience or assemblage
of persons, or shall attempt to disturb or break up the same, shall
be deemed guilty of an ordinance violation.
[R.O. 2012 §230.420; Ord. No. 88-6-5 §V, 6-1988]
A. A person
commits the offense of disorderly conduct if, with intent to provoke
a peace disturbance or whereby a peace disturbance may be occasioned,
he:
1. Uses offensive, threatening, abusive or insulting language or conduct;
2. Acts so as to annoy, disturb, interfere with, obstruct or be offensive
to others;
3. Causes loud and unusual noise to the annoyance or disturbance of
more than one (1) person; or
4. Wanders or prowls upon the private property of another, and peeks
or peers into the window or door of a habitable structure.
B. Any
person found guilty of any provision of this Section shall be deemed
guilty of an ordinance violation.
[Ord. No. 23-05-04, 5-1-2023]
A. It shall be unlawful for any person to camp in the following areas except as provided in Subsection
(B):
3. Any public property, improved or unimproved.
B. The
City Manager is authorized to permit persons to camp, occupy camp
facilities, or use camp paraphernalia in any park or on public property.
1. Upon receipt of an application for any permit under this Section,
the City Manager shall inquire with the City departments of police,
public works, community development, and fire to identify any risks
or other problems which the proposed activity is reasonably expected
to pose for the public at that location.
2. The City Manager may approve a permit with or without conditions
when, from a consideration of the application, reports from other
City departments, and from such other information as may otherwise
be obtained, they find that:
a. Adequate sanitary facilities are provided and accessible at or near
the proposed camp site; and
b. Adequate trash receptacles and trash collection are provided or will
be provided; and
c. The camping activity will not unreasonably disturb or interfere with
the safety, peace, comfort and repose of private property owners or
the general public.
3. No permit shall be issued for a period of time in excess of three
(3) consecutive calendar days, or fifteen (15) calendar days in any
one (1) calendar year.
4. The City Manager is authorized to revoke a permit that has been issued
if they find lack of compliance with any requirement of this Section,
or of any permit condition, or of any ordinance or Statute.
C. Definitions.
As used in this Section, the following definitions apply:
CAMP
To pitch, use, or occupy camp facilities for the purposes
of habitation, as evidenced by the use of camp paraphernalia.
CAMP FACILITIES
Include, but are not limited to, tents, huts, or temporary
shelters. "Camp facilities" does not include tents, huts, or temporary
shelters when used temporarily in a park for recreation or play during
daylight hours when the park is open to the public.
CAMP PARAPHERNALIA
Includes, but is not limited to, tarpaulins, cots, beds,
sleeping bags, blankets, mattresses, hammocks or cooking facilities
or equipment.