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.
[Ord. No. 2017-004, 8-8-2017; Ord. No. 2022-012, 12-8-2022]
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 as follows:
(1)
The sounding of any whistle, siren, horn or signal device on
any motor vehicle, except as a danger signal which is not used for
an unnecessary or unreasonable period of time; or
(2)
The shooting of fireworks of any nature and/or the playing of
any device producing amplified sound, such as a radio, megaphone,
speaker, phonograph, television, drum, loud speaker or other similar
device or playing any musical instrument in any manner or with such
volume, between the hours of 10:00 p.m. to 7:00 a.m. from Monday to
Friday and between the hours of 10:00 p.m. to 8:00 a.m. on Saturday
and Sunday so as to unreasonably annoy or disturb the quiet, comfort
or repose of persons in any dwelling, or residence; and
(3)
Provided that any such noise can be distinctly heard at a distance
of more than one hundred (100) feet from its source shall be deemed
excessive.
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;
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;
d.
Fighting; or
e.
Creating a noxious and offensive odor.
[Ord. No. 2021-010, 8-5-2021]
A.
Any
person who, with intent to provoke a breach of the peace or whereby
a breach of the peace may be occasioned, commits any of the following
acts shall be deemed guilty of an ordinance violation:
1.
Uses offensive, disorderly, threatening, abusive or insulting language,
conduct or behavior.
2.
Acts in such a manner as to annoy, disturb, interfere with, obstruct
or be offensive to others or to any lawful assembly.
3.
Congregates with others on a public street and refuses to move on
when ordered by an officer.
4.
By his/her actions causes a crowd to collect, except when lawfully
addressing such crowd.
5.
Shouts or makes a noise either outside or inside a building to the
annoyance or disturbance of any persons therein.
6.
Wanders, prowls or loiters upon the private property of another in
the nighttime and peeks or peers in the door or window of any building
or structure located thereon which is inhabited by human beings without
any visible or lawful business with the owners or occupants thereof.
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.
Definition. As used in this Section, "loitering" shall mean remaining idle and essentially in one (1) location and
shall include the concepts of spending time idly, loafing or walking
about aimlessly and shall also include the colloquial expression "hanging
around".
B.
Certain Types Of Loitering Prohibited. No person shall loiter
in a public place including City parks and City streets between the
hours of Midnight and 5:00 A.M. in such manner as to:
1.
Create or cause to be created a danger of a breach of the peace.
2.
Create or cause to be created any disturbance or annoyance to the
comfort and repose of any person.
3.
Obstruct the free passage of pedestrians or vehicles.
4.
Obstruct or molest or interfere with any person lawfully in any public
place.
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This paragraph shall include the making of unsolicited remarks
in an offensive, disgusting or insulting nature in which are calculated
to annoy or disturb the person to or in whose hearing they are made.
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C.
Request to leave whenever the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in Subsection (B). Any Police Officer may order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by Police Officer shall be guilty of a violation of this Section.
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.
FUNERAL and BURIAL SERVICE
OTHER PROTEST ACTIVITIES
Definitions. As used in this Section, the following
terms 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-foot zone that is established under Subsection (A) above.
Any action that is disruptive or undertaken to disrupt or
disturb a funeral or burial service.
C.
The offense of unlawful funeral protest shall be an ordinance violation.