[R.O. 1996 § 210.660; Ord. No. 826, 11-10-2016]
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.
[R.O. 1996 § 210.670; Ord. No. 826, 11-10-2016]
A.
A person commits the offense of peace disturbance
if he/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.
[R.O. 1996 § 210.680; Ord. No. 826, 11-10-2016]
[R.O. 1996 § 210.690; Ord. No. 826, 11-10-2016]
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.
[R.O. 1996 § 210.700; Ord. No. 826, 11-10-2016]
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.
[R.O. 1996 § 210.710; Ord. No. 826, 11-10-2016]
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. 1996 § 210.720; Ord. No. 826, 11-10-2016]
A.
No person shall commit any of the acts
enumerated below, each of which if committed shall be deemed and considered
disorderly conduct.
1.
Act in such a manner as to annoy,
disturb, interfere with, obstruct or be offensive to others;
2.
By his/her actions cause a crowd
to collect, except when lawfully addressing such a crowd;
3.
Shout or make a noise either outside
or inside a building during the nighttime to the annoyance or disturbance
of the neighborhood;
4.
Fight in public.
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.
[R.O. 1996 § 210.730; Ord. No. 826, 11-10-2016]
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.
[R.O. 1996 § 210.740; Ord. No. 826, 11-10-2016]
A.
A person commits the offense of unlawful
funeral protest if he/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.
[R.O. 1996 § 210.750; Ord. No. 826, 11-10-2016]
A.
The City of Gerald hereby adopts and will
enforce this policy prohibiting the use of excessive force by law
enforcement agencies within its jurisdiction against any individual
engaged in non-violent civil rights demonstrations. The City also
prohibits the physical barring of any entrance or exit to such a facility
and will enforce all applicable State laws regarding same.
B.
Violations.
1.
Any person found to be violating
any provision of this Section shall be served by the City with written
notice stating the nature of the violation.
2.
Any person guilty of this violation
shall be prosecuted for assault and on conviction thereof shall be
fined and/or jailed as set forth in the applicable punishment provisions
of the Gerald Municipal Code. Each day in which any such violations
shall continue shall be deemed a separate offense.
3.
Any person violating any of the provisions
of this Section shall become liable to the City for any expense, loss
or damage occasioned by the City by reason of such violation.
[R.O. 1996 § 210.760; Ord. No. 826, 11-10-2016]
A person commits the offense of loitering
if he/she idly loiters or aimlessly wanders about the City streets
or other public property, whether standing, sitting, walking or riding
in an automobile, between the hours of 12:01 A.M. and sunrise.
