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.
[Ord. No. 745 §§1 —
2, 10-1-1992]
A. Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
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; any public grounds,
streets, area or parks; and any common areas of private developments
or private housing areas.
RIOT
A public disturbance involving:
1.
An act or acts of violence by one (1) or more persons part of
an assemblage of three (3) or more persons, which act or acts shall
constitute a clear and present danger of, or shall result in, damage
or injury to the property of any other person or to the person of
any other individual.
2.
A threat or threats of the commission of an act or acts of violence
by one (1) or more persons part of an assemblage of three (3) or more
persons having, individually or collectively, the ability of immediate
execution of such threat or threats, where the performance of the
threatened act or acts of violence would constitute a clear and present
danger of, or would result in, damage or injury to the property of
any other person or to the person of any other individual.
3.
INCITE A RIOT: Shall mean, but is not limited
to, urging or instigating other persons to riot, but shall not be
deemed to mean the mere oral or written:
b.
Expression of belief, not involving advocacy of any act or acts
of violence or assertion of the rightness of, or the right to commit,
any such act or acts.
B. Conduct Prohibited. A person shall be guilty of disorderly
conduct if, with the purpose of causing public danger, alarm, disorder,
nuisance, or if his/her conduct is likely to cause public danger,
alarm, disorder or nuisance, he/she willfully does any of the following
acts in a public place:
1. Commits an act in a violent and tumultuous manner toward another
whereby that other is placed in danger of his/her life, injury to
his/her limb or health;
2. Commits an act in a violent and tumultuous manner toward another
whereby the property of any person is placed in danger of being destroyed
or damaged;
3. Causes, provokes or engages in any fight, brawl or riotous conduct
so as to endanger the life, limb, health or property of another;
4. Interferes with another's pursuit of a lawful occupation by acts
of violence;
5. Obstructs, either singularly or together with other persons, the
flow of vehicular or pedestrian traffic and refuses to clear such
public way when ordered to do so by the City Police or other lawful
authority known to be such;
6. Resists or obstructs the performance of duties by City Police or
any other authorized official of the City when known to be such an
official;
7. Incites, attempts to incite, or is involved in attempting to incite
a riot;
8. Damages, befouls or disturbs public property or the property of another
so as to create a hazardous, unhealthy or physically offensive condition;
9. Makes or causes to be made any loud, boisterous and unreasonable
noise or disturbance to the annoyance of any other persons nearby
or near to any public highway, road, street, lane, alley, park, square
or common, whereby the public peace is broken or disturbed or the
traveling public annoyed;
10. Fails to obey a lawful order to disperse by a Police Officer when
known to be such an official, where one (1) or more persons are committing
acts or disorderly conduct in the immediate vicinity and the public
health and safety is imminently threatened; and
11. Uses abusive or obscene language or makes an obscene gesture.
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 1975 §13-5]
It shall be unlawful for any person within the corporate limits
of the City to willfully, purposely or heedlessly in any manner disturb
or interrupt the peace of any assembly of persons congregated for
lawful purposes.