A.
A person
commits the offense of peace disturbance if:
1.
He/she 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.
For the purposes of Sections 215.200 and 215.210, the following words shall have the meanings set out herein:
Any place which at the time is not open to the public. It
includes property which is owned publicly or privately.
Any property in which the actor does not have a possessory
interest.
Any place which at the time is open to the public. It includes
property which is owned publicly or privately.
If a building or structure is divided into separately occupied
units, such units are separate premises.
[R.O. 2010 §215.150; CC 1970 §19-8; Ord. No. 840 §1, 11-12-1948]
All disorderly or indecent conduct, the use of threatening,
obscene or profane language and all acts or demeanor calculated or
tending to mar or disturb the feelings of others in public places
on the highways or thoroughfares of the City are prohibited.
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. 2010 §215.160; CC 1970 §19-9; Ord. No. 993 §5, 10-9-1953]
It shall be unlawful for any person willfully, maliciously or
contemptuously to disquiet or disturb any camp meeting, congregation
or other assembly met for religious worship, or when meeting at the
place of worship, or dispersing therefrom, or any school or other
meeting or assembly of people met together for any lawful purpose
whatever, by making a noise, or by rude or indecent behavior or profane
discourse within the place of assembly thereof, or willfully to menace,
threaten or assault any person there being.
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.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[R.O. 2010 §215.190; C.O. 1948 c. 12 §3-2; CC 1970
§19-23; Ord. No. 6-89 §1, 3-6-1989; Ord. No. 17-90 §1, 11-19-1990]
A.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of Sections 220.060 and 215.200, but this enumeration shall not be deemed to be exclusive:
1.
The sounding of any horn or signal device on any motorbus, motorcycle,
automobile or other vehicle while not in motion, 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 any unnecessary or unreasonable period of time.
2.
The playing of any radio, phonograph or other musical instrument
or instruments in such a manner or with such volume particularly during
the hours between 11:00 P.M. and 7:00 A.M., as to tend to annoy or
disturb the quiet, comfort or repose of persons in any dwelling, hotel
or other type of residence; 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.
3.
The keeping of 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.
The use of any automobile, motorcycle or vehicle so out of repair,
so loaded or in such manner as to create loud and unnecessary grating,
grinding, rattling or other noise.
5.
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.
6.
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.
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 or any
court, while the same are in session, which unreasonably interferes
with the proper functioning of any such place above-mentioned; provided,
that conspicuous signs are placed in the public highways indicating
the zones within which such noises are prohibited. The Chief of Police
is hereby authorized and directed to cause to be placed as many signs
as he/she may deem necessary to properly indicate such quiet zones
and to call attention to the prohibition against excessive or unnecessary
noises within such zones.
8.
The creation of a loud and excessive noise in connection with the
loading or unloading of any vehicle or the opening or destruction
of bales, boxes, crates or containers in the vicinity of any dwelling
or other human habitation.
9.
The shouting or crying of peddlers, hawkers or vendors, including
any person selling or attempting to sell any product which disturbs
the peace and quiet of the neighborhood.
10.
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.
11.
The use of calliopes, mechanical loudspeakers or amplifiers on any
vehicle used for advertising or other purposes except when a permit
for such use over a specified route is issued by the Board of Aldermen
and except within the time specified in the permit.
12.
The operation of any exhaust or ventilating fan which creates a noise
that tends to disturb or annoy the quiet, comfort and repose of persons
in the vicinity, between the hours of 9:00 P.M. and 7:00 A.M.; 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.
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.
