For the purposes of Sections
210.210 and
210.215, the following words shall have the meanings set out herein:
PRIVATE PROPERTY
Any place which at the time is not open to the public. It
includes property which is owned publicly or privately.
PUBLIC PLACE
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.
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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.
[CC 2000 §210.285; CC 1990 §205.100; Ord. No. 472 §1, 4-25-1973]
A. Definitions. As used in this Section, the following words
shall have the meanings ascribed herein:
LOITERING
Remaining idle in essentially one (1) location and shall
include the concept of spending time idly; to be dilatory; to linger;
to stay; to saunter; to delay; to stand around and shall also include
the colloquial expression "hanging around".
PUBLIC PLACE
Any place to which the general public has access and a right
to 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. Loitering — Police Order To Disperse — Penalty.
1. It shall be unlawful for any person to loiter, loaf, wander, stand
or remain idle either alone and/or in consort with others in a public
place in such manner so as to:
a. 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.
b. 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.
2. When any person causes or commits any of the conditions enumerated
in Section (A) herein, 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.
3. Any person who violates any of the provisions of this Section shall
be deemed guilty of a misdemeanor and, upon conviction thereof, subject
to a fine not exceeding five hundred dollars ($500.00) or by imprisonment
not exceeding ninety (90) days or both. Any such violation shall constitute
a separate offense on each successive day continued.
[CC 2000 §210.630; Ord. No. 1044 §§1 — 3, 11-10-1994]
A. It
shall be unlawful for any person, entity or corporation by noise,
machine, radio speaker, amplifier or otherwise to produce, reproduce
or cause to be produced or reproduced any sound or noise at a volume
level exceeding that necessary for normal hearing by only those persons
desiring to listen or at a volume level offensive to others not located
at, upon or within the real property, personal property or motor vehicle
from which the sound or noise is produced, reproduced or is caused
to be produced or reproduced.
B. The ability of said sound or noise to be heard at a distance greater than fifty (50) feet from its source shall be prima facie evidence of a violation of above Subsection
(A).