[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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.
[Ord. No. 494, 10-13-2022]
A.
A person
commits the offense of making an improper report involving danger
to life if he or she, with criminal negligence with regard to the
risk of causing the evacuation, quarantine or closure of any portion
of a building, inhabitable structure, place of assembly or facility
of transportation, knowingly:
1.
Communicates an express or implied threat to cause an incident or
condition involving danger to life; or
2.
Communicates a knowingly false report of an incident or condition
involving danger to life; or
3.
Causes a false belief or fear that an incident has occurred or that
a condition exists involving danger to life.
B.
The offense of making an improper report involving danger to life is an ordinance violation punishable as prescribed in Section 100.220 of this Code.
C.
No
offense is committed under this Section by a person acting in good
faith with the purpose to prevent harm.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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 300-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.
[R.O. 2004 § 210.221; Ord. No.
79 § 1, 2-12-2007; Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
A.
Prohibited
Acts. It shall be unlawful for any person in the City to enter into
any schoolhouse or church house in which there is an assemblage of
people met for lawful purposes or any courthouse or City Hall in a
drunken or intoxicated and disorderly condition or to drink or offer
to drink any intoxicating liquors in the presence of such assemblage
of people or in any courthouse or City Hall within the City and any
person so doing shall be guilty of an ordinance violation.
B.
Restrictions
On Arrest And Punishment.
1.
The City shall not adopt or enforce a law, rule or ordinance which
authorizes the arrest or punishment for public intoxication or being
a common or habitual drunkard or alcoholic. The City shall not interpret
any law or ordinance to circumvent the provisions of this Section.
2.
Nothing in Subsection (B)(1) of this Section shall be construed to affect any law, rule or ordinance against drunken driving, driving under the influence of alcohol or other similar offense involving the operation of a motor vehicle, aircraft, boat, machinery, firearms or other equipment or regarding the sale, purchase, dispensing, possession or use of alcoholic beverages at stated times and places or by a particular class of persons, nor shall Subsection (B)(1) of this Section prevent the apprehension, arrest, incarceration and prosecution of any person who commits any other crime while intoxicated or under the influence of alcohol.
C.
Detention
Of Intoxicated Persons.
1.
A person who appears to be incapacitated or intoxicated may be taken
by a Police Officer to the person's residence, to any available treatment
service or to any appropriate local facility which may be necessary,
including a jail, for custody not to exceed twelve (12) hours.
2.
Any officer detaining such person shall be immune from prosecution for false arrest and shall not be responsible in damages for taking action pursuant to Subsection (C)(1) of this Section if the officer has reasonable grounds to believe that the person is incapacitated or intoxicated by alcohol and does not use unreasonable, excessive force to detain such person.
3.
Such immunity from prosecution includes the taking of reasonable
action to protect himself from harm by the intoxicated or incapacitated
person.
