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.
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.
OTHER PROTEST ACTIVITIES
FUNERAL and BURIAL SERVICE
Definitions. As used in this Section, the following
terms mean:
Any action that is disruptive or undertaken to disrupt or
disturb a funeral or 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.
A.
Any
person who, with intent to provoke a breach of the peace or whereby
a breach of the peace may be occasioned, commits any of the following
acts shall be deemed to have committed the offense of disorderly conduct:
1.
Uses offensive, disorderly, threatening, abusive or insulting language,
conduct or behavior.
2.
Acts in such a manner as to annoy, disturb, interfere with, obstruct,
or be offensive to others or to any lawful assemblage.
3.
Congregates with others on a public street and refuses to move on
when ordered by the Police.
4.
By his/her actions causes a crowd to collect, except when lawfully
addressing such crowd.
5.
Shouts or makes a noise either outside or inside a building to the
annoyance or disturbance of others.
6.
Interferes with any person in any place by jostling against such
person or unnecessarily crowding him/her or by placing a hand in the
proximity of such person's pocket, pocketbook or handbag.
7.
Stations himself/herself on the public streets or follows pedestrians
for the purpose of soliciting alms, or who solicits alms on the public
streets unlawfully.
8.
Frequents or loiters about any public place soliciting men for the
purpose of committing a crime against nature or other lewdness.
9.
Causes a disturbance in any railroad car, omnibus, or other public
conveyance by running through it, climbing through windows or upon
the seats, or otherwise annoying passengers or employees therein.
10.
Stands on sidewalks or street corners and makes insulting remarks
to or about passing pedestrians or annoys such pedestrians.
11.
In any prosecution under Subsection (A)(2) of this Section, the fact that the defendant is engaged in an illegal occupation or bears an evil reputation and is found consorting with persons of like evil reputation, thieves, gamblers or criminals shall be prima facie evidence that such consorting was for an unlawful purpose.
12.
Wanders, prowls or loiters upon the private property of another,
in the nighttime, and peaks or peers in the door or window of any
building or structure located thereon which is inhabited by human
beings, without any visible or lawful business with the owners or
occupants thereof.
13.
Knowing the same to be false, circulates or transmits to another
or others, with intent that it be acted upon, any statement or rumor,
written, printed or by word of mouth, concerning the location of a
bomb or other explosive. This paragraph shall not apply to authorized
statements made in connection with any authorized civil defense test
or drill.
B.
Any
person convicted of disorderly conduct under any of the provisions
of this Section shall be guilty of a misdemeanor.
C.
Every
person who shall be convicted of a misdemeanor, as provided by this
Section, shall be punished by imprisonment in the County Jail not
exceeding one (1) year or by fine not exceeding five hundred dollars
($500.00), or by both such fine and imprisonment.
A.
COMMERCIAL AREA
CONSTRUCTION
CONTINUED DURATION
EMERGENCY
EMERGENCY WORK
FIREWORKS
FREQUENTLY
MOTORBOAT
MOTORCYCLE
MOTOR VEHICLE
MUFFLER OR SOUND DISSIPATIVE DEVICE
NOISE
NOISE DISTURBANCE
PERSON
POWERED MODEL VEHICLE
PUBLIC RIGHT-OF-WAY
REAL PROPERTY BOUNDARY
RESIDENTIAL AREA
SOUND
WEEKDAY
Definitions. For the purpose of this Section, the following
items have the meaning ascribed to them as hereinafter defined, unless
where otherwise expressly stated or where the context defines a different
meaning. Words used in the present tense include the future, words
in the singular include the plural and words in the plural include
the singular; the words "shall" or "must" are mandatory; and the term "used for" includes
the meaning "designated for" or "intended
for".
A district that has been assigned a zoning designation of
"C-1", "C-2", "C-3", "M-1" or "M-2" in accordance with the City of
Pleasant Valley zoning ordinance.
Any site preparation, assembly, erection, substantial repair,
alteration or similar action, but excluding demolition for or of public
or private rights-of-way, structures, buildings, utilities or similar
property.
Fifteen (15) or more minutes.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Defined in Chapter 236 of the City of Pleasant Valley Code of Ordinances.
One (1) or more times in every thirty (30) minute period
for at least four (4) out of five (5) successive periods.
Any vessel which operates in or on water, propelled by machinery,
whether or not such machinery is the principal source of propulsion.
Such a vessel would include, but is not limited to, boats, barges,
amphibious craft, water ski towing devices and hovercraft.
Every motor vehicle designed to travel on not more than three
(3) wheels in contact with the ground, except any such vehicle as
may be included within the term "tractor" as a piece of farm machinery.
Every vehicle which operates on land, other than a motorcycle.
A device for abating the sound of escaping gases of an internal
combustion engine or for abating sound transmitted in a duct, chase,
pipe or other opening.
Any sound which annoys or disturbs a reasonable human being
or which causes or tends to cause an adverse psychological or physiological
effect on a human.
Any such which:
Any individual, association, partnership or corporation and
includes any officer, employee, department, agency or instrumentality
of a State or any political subdivision of a State.
Any self-propelled airborne, waterborne or landborne plane,
vessel or vehicle which is not designated to carry persons including,
but not limited to, any model airplane, boat, car or rocket.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
An imaginary line along the ground surface and its vertical
extension which separates the real property owned by one (1) person
from that owned by another person, but not including intrabuilding
real property divisions.
A district that has been assigned a zoning designation of
District "R-1", "R-2", "R-3", "R-4" and "MHP" in accordance to City
of Pleasant Valley zoning ordinance.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces
that causes compression and rarefaction of that medium and is the
objective cause of hearing. The description of sound may include any
characteristic of such sound, including duration, level and frequency.
Any day Monday through Friday which is not a legal holiday.
B.
Prohibited Acts. No person shall make, continue or cause to be made or continued any noise disturbance. Non-commercial public speaking and public assembly activities conducted on any public space or public right-of-way and fireworks set off in compliance with Chapter 236 in the ordinances of the City of Pleasant Valley shall be exempt from the operation of this Section. The following acts, among others not herein listed and the causing thereof, are declared to be in violation of this Article, but said enumeration shall not be deemed to be exclusive, namely:
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:
a.
Between the hours of 11:00 P.M. and 6:00 A.M. the noise disturbance
across a real property boundary.
b.
In such a manner as to create a noise disturbance at fifty (50) feet
(fifteen (15) meters) from such device when operated in or on a motor
vehicle on a public right-of-way or public space or in a boat on public
waters.
c.
In such a manner as to create a noise disturbance to any person other
than the operator of the device when operated by any passenger on
a common carrier.
2.
Using or operating loudspeakers/public address systems as follows:
a.
For any non-commercial purpose any loudspeaker, public address system
or similar device between the hours of 11:00 P.M. and 6:00 A.M. the
following day, such that the sound therefrom creates a noise disturbance
across a residential real property boundary.
c.
Offering for sale anything by shouting or outcry within any residential
or commercial area of the City except between the hours of 8:00 A.M.
and 6:00 P.M.
d.
Owning, possession or harboring any animal or bird which frequently
or for continued duration howls, barks, meows, squawks or makes other
sounds which create a noise disturbance across a residential real
property boundary.
e.
Operating or permitting the operation of any tools or equipment used
in construction, drilling or demolition work:
(1)
Between the hours of 11:00 P.M. and 6:00 A.M. the following
day, seven (7) days a week, such that the sound therefrom creates
a noise disturbance across a residential real property boundary, except
for emergency work or public service utilities or the use of public
service equipment during an emergency situation.
f.
Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle
or motorboat in such a manner as to cause a noise disturbance across
a residential real property boundary.
g.
Operating or in control of a motor vehicle which is emitting an excessive
level of noise or the playing of electronic sound reproduction equipment
attached to, within or upon any such motor vehicle at a level of volume
which represents a distraction to the drive of said motor vehicle
or a disturbance to a passerby.
h.
Operating a motor vehicle in a manner that the sound therefrom is
plainly audible at a distance of fifty (50) feet from such motor vehicle
shall be prima facie evidence of a violation of this Section although
such proof shall not be a prerequisite to conviction of this Section.
i.
Operating or permitting the operation of power model vehicles so
as to create a noise disturbance across a residential real property
boundary or in a public space between the hours of 11:00 P.M. and
6:00 A.M. the following day.
j.
Operating or permitting the operation of any mechanically powered
saw, drill, sander, grinder, lawn or garden tool, snowblower or similar
device used outdoors in residential area between the hours of 11:00
P.M. and 6:00 A.M. the following day so as to cause a noise disturbance
across a residential real property boundary.
