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.
A.
A person commits the offense of peace disturbance
if he or she:
1.
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.
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.
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.
[Ord. No. 04-09-04 § 1, 9-9-2004]
A.
It shall be unlawful for any individual to play any
radio, television, electronic devices producing audio, or any device
made to play cassettes, records, compact discs, audio and/or video
tapes, DVDs, loudspeakers or any similar device so that it emits a
sound that can be heard one hundred (100) feet or more from the device.
This includes any of the above-mentioned devices mounted in motor
vehicles, trucks, bicycles, carried on one's person or placed in a
building, including private residences, apartments, places of business
and similar structures.
B.
A City Police Officer may issue a citation to the individual responsible for any such device emitting sound in violation of Subsection (A) above, including the driver of a motor vehicle or the first registered owner of the vehicle, the owner of record or a resident of a residence or apartment, the proprietor of a business or the person who is in physical control of such a device.
C.
This Section shall not apply to licensed carnivals,
religious services, rodeos, church bells or chimes, noise emitted
by machinery during its normal operation, emergency vehicles, or noise
emitted under similar circumstances, school activity, activity associated
with business or commercial locations in an appropriately zoned district
where the activities are inside the district.
D.
Permits Authorized. Any individual, business, or organization
may apply for a permit that will allow for an outside event where
noise of short duration may be generated which would otherwise be
in violation of this Section. The City Clerk or Mayor or their designee
may issue such permit. Such permit shall identify the applicant and
duration of the event. No fee shall be charged for any such permit.
