A person commits the offense of peace disturbance if:
1. He/she unreasonably and knowingly disturbs or alarms another person
or persons by:
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;
e.
Creating a noxious and offensive odor.
2. He/she is in a public place or on private property of another without
consent and purposely causes inconvenience to another person or persons
by unreasonably and physically obstructing:
a.
Vehicular or pedestrian traffic; or
b.
The free ingress or egress to or from a public or private place.
A person commits the offense of private peace disturbance if
he/she is on private property and unreasonably and purposely causes
alarm to another person or persons on the same premises by:
1. Threatening to commit a crime or offense against any person; or
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 1980 §§ 75.210 — 75.211]
A.
Definitions. As
used in this Section, the following terms shall have these prescribed
meanings:
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:
2.
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.
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, area or parks.
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 or;
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.
B. Disorderly 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 singly 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.
Is in a public place under the influence of an intoxicating
liquor or drug in such condition as to be unable to exercise care
for his/her own safety or the safety of others;
7.
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;
8.
Incites, attempts to incite or is involved in attempting to
incite a riot;
9.
Addresses abusive language or threats to any member of the Police
Department, any other authorized official of the City who is engaged
in lawful performance of his/her duties or any other person when such
words have a tendency to cause acts of violence. Words merely causing
displeasure, annoyance or resentment are not prohibited;
10.
Damages, befouls or disturbs public property or the property
of another so as to create a hazardous, unhealthy or physically offensive
condition;
11.
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;
12.
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 of disorderly conduct in the immediate vicinity and
the public health and safety is imminently threatened;
13.
Uses abusive or obscene language or makes an obscene gesture.
[CC 1980 § 75.212]
Sections
210.236 through
210.237 shall not be construed to suppress the right to lawful assembly, picketing, public speaking or other lawful means of expressing public opinion not in contravention of other laws.