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.
PUBLIC PLACE
Definition. The following term shall be defined as follows:
Any place to which the general public has access and a right
of 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.
It shall be unlawful for any person to stand or remain idle either
alone or in consort with others in a public place in such manner so
as to:
1.
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;
2.
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;
3.
Obstruct the entrance to any business establishment, without
so doing for some lawful purpose, if contrary to the expressed wish
of the owner, lessee, managing agent or person in control or charge
of the building or premises.
C.
When any person causes or commits any of the conditions in this Section,
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.
[Ord. No. 1164 § 09.040, 3-2-2015]
A.
Any
person who shall do or engage in any of the following shall be guilty
of disorderly conduct and shall be guilty of an ordinance violation:
1.
Any person who shall act in a violent or tumultuous manner toward
another whereby any person is placed in fear of safety of his/her
life, limb, or health.
2.
Any person who shall act in a violent or tumultuous manner toward
another, whereby property of any person is placed in danger of being
destroyed or damaged.
3.
Any person who shall endanger lawful pursuits of another by acts
of violence, angry threats, and abusive conduct.
4.
Any person who shall cause, provoke, or engage in any fight, brawl,
or riotous conduct, so as to endanger life, limb, health, or property
of another.
5.
Any person who shall assemble or congregate with another or others
for the purpose of causing, provoking, spectating, or engaging in
any fight or brawl.
6.
Any person who shall be found jostling or roughly crowding or pushing
any person in any public place.
7.
Any person who shall collect in bodies or in crowds, for any unlawful
purposes, as defined by current ordinances of the Town.
8.
Any person who shall assemble or congregate with another or others
for the purpose of or with the intent to engage in criminal activity.
9.
Any person who shall frequent any public place with intent to obtain
money from another by an illegal and fraudulent scheme, trick, artifice,
or device.
10.
Any person who assembles with another or others for the purpose of
engaging in any fraudulent scheme, device, or trick to obtain any
valuable thing in any place, or from any person in the Town, or who
shall aid or abet therein.
11.
Any person who shall accost or attempt to force his/her company upon
any person or attempts to pick up any person against that person's
will.
12.
Any person who utters, while in a state of anger, in the presence
of another, any bawdy, lewd, or obscene words or epithets.
13.
Any person who frequents any place where gaming or the illegal sale
or possession of alcoholic beverages or narcotics or dangerous drugs
is practiced, allowed or tolerated.
14.
Any person who shall act in a dangerous manner toward others.
15.
Any person who shall use "fighting words" directed towards any person
who becomes outraged and thus creates turmoil.
16.
Any person who shall assemble or congregate with another, or others
for the purpose of trouncing upon another.
17.
Any person who shall, by acts of violence, interfere with another's
pursuit of a lawful occupation.
18.
Any person who shall congregate with another or others in or on any
public way, so as to halt the flow of vehicular or pedestrian traffic
and refuses to clear such public way when ordered by a Peace Officer
or other lawful authority.
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.
A person commits the offense of drunkenness or drinking in a
prohibited place if he or she enters any schoolhouse or church house
in which there is an assemblage of people, met for a lawful purpose,
or any courthouse, in an intoxicated and disorderly condition, or
drinks or offers to drink any intoxicating liquors in the presence
of such assembly of people, or in any courthouse.
A.
A person
commits the offense of institutional vandalism if he or she knowingly
vandalizes, defaces, or otherwise damages:
1.
Any church, synagogue or other building, structure or place used
for religious worship or other religious purpose;
2.
Any cemetery, mortuary, military monument or other facility used
for the purpose of burial or memorializing the dead;
3.
Any school, educational facility, community center, hospital or medical
clinic owned and operated by a religious or sectarian group;
6.
Any motor vehicle which is owned, operated, leased or under contract
by a school district or a private school for the transportation of
school children.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[Ord. No. 1164 § 09.140, 3-2-2015]
A person shall not loiter in any park, street, alley, highway,
thoroughfare, or around or about or at any street corner, or in the
vicinity of any other public place or place of public accommodation,
including but not limited to hotels, motels, public buildings, restaurants,
and other places of business, and refuse to cease and desist such
loitering, to move on, or both, when ordered to do so by any duly
authorized Police Officer, where such loitering is done with the intent
to cause a violation of any Town ordinance, State or Federal law,
or with the intent to cause a breach of the peace, or both.
[Ord. No. 1164 § 09.150, 3-2-2015]
No person shall post or affix any notice, poster or other paper
or device, calculated to attract the attention of the public, to any
light standard, public utility pole or shade tree, or upon any public
structure or building, or upon any private building without written
permission of the owner.
