[R.O. 2009 § 225.660; Ord. No. 3321, 12-13-2016]
As used in this Article, the following
terms mean:
PRIVATE PROPERTY
Any place which at the time of the offense is not open to
the public. It includes property which is owned publicly or privately.
PUBLIC PLACE
Any place which at the time of the offense is open to the
public. It includes property which is owned publicly or privately.
[R.O. 2009 § 225.670; Ord. No. 3321, 12-13-2016]
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:
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
e.
Creating a noxious and offensive
odor.
2.
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.
[R.O. 2009 § 225.680; Ord. No. 3321, 12-13-2016]
A. 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 an offense
against any person; or
B. For purposes of this Section, if a building
or structure is divided into separately occupied units, such units
are separate premises.
[R.O. 2009 § 225.690; Ord. No. 3321, 12-13-2016]
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.
[R.O. 2009 § 225.700; Ord. No. 3321, 12-13-2016]
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.
[R.O. 2009 § 225.710; Ord. No. 3321, 12-13-2016]
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.
[R.O. 2009 § 225.72; Ord. No. 2797 § I, 4-10-2008; Ord. No. 3321, 12-13-2016]
A. Definitions. As used in this Section, the
following terms shall mean:
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 acts or acts of violence or asserting rightness of,
or the right to commit any such act or acts.
PUBLIC PLACE
Any place which the general public has access and a right
to resort for entertainment or other lawful purpose, but does not
necessarily mean a place devoted solely to 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.
RIOT
A public disturbance involving:
1.
An act or acts of violence by one
(1) or more persons part of an assemblage of seven (7) or more persons,
which act or acts constitute a clear and present danger of or shall
result in damages or injury to the property of any other person or
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 seven (7) or more persons having, individually or collectively,
threatening of immediate execution of such threat or threats, where
the performance of the threatening 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. A person commits the offense of disorderly
conduct if, in a public place, his or her conduct causes or is likely
to cause disorder, nuisance, alarm or public danger and he/she does
any of the following:
1.
Commits an act in a violent and tumultuous
manner, whereby another person is placed in danger of injury to life,
limb or health; or whereby the property of another is placed in danger
of being damaged or destroyed;
2.
Causes, provokes or engages in any
fight or brawl;
3.
Obstructs the flow of vehicular or
pedestrian traffic and refuses to clear such public way when ordered
to do so by a Law Enforcement Officer;
4.
Under the influence of an intoxicating
liquor or drug, upon the real property of any place of business without
the consent of the owner or caretaker;
5.
In an intoxicated or drugged condition
in such a manner so as not to be able to care for his/her own safety
or the safety of others;
6.
Enters into any school, church, courthouse
or municipal government building, while under the influence of an
intoxicating liquor;
7.
Incites, or attempts to incite, or
is involved in attempting to incite a riot;
8.
Threatens to commit an offense against
any member of the Police Department, Municipal Court, or any other
authorized official of the City who is engaged in the performance
of their official duty; or
9.
Knowingly refuses to obey a lawful
order to disperse by a Law Enforcement Officer when such order is
in the interest of restoring public peace and order or the vacation
of a bona fide emergency or when public health and safety is imminently
threatened.
C. This Section shall not be construed to
suppress the right to lawful assembly, public speaking or other lawful
means of expressing public opinion not in contravention of the law
or the Constitution.
[R.O. 2009 § 225.730; Ord. No. 3321, 12-13-2016]
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.
[R.O. 2009 § 225.740; Ord. No. 3321, 12-13-2016]
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. Definitions. As used in this Section, the
following terms mean:
FUNERAL and BURIAL SERVICE
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.
C. The offense of unlawful funeral protest
shall be an ordinance violation.
[R.O. 2009 § 225.750; R.O. 2007
§ 225.650; Ord. No. 1512, 12-14-1995; Ord. No. 3321, 12-13-2016]
A. No person shall unreasonably make, continue
or cause to be made any noise disturbance. Non-commercial public speaking
and public assembly activities conducted on any public space or public
right-of-way shall be exempt from the operation of this Section. The
following acts, and the causing thereof, are declared to be in violation
of this Chapter.
1.
Operating, playing or permitting
the operation or playing of any radio, television, phonograph, drum,
musical instrument, sound amplifier or similar device which produces,
reproduces or amplifies sound in such a manner as to create a noise
disturbance at fifty (50) feet from such device, when operated in
or on a public right-of-way or public space.
B. "Noise Disturbance" means any sound which
annoys or disturbs a reasonable person of normal sensitivities.