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.
[Ord. No. 1439 §2, 4-19-2004]
A person commits the offense of keeping a disorderly premises if he shall permit, allow or encourage any peace disturbance, as defined in Section 210.670 herein, to occur or continue on premises owned or controlled by him.
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.
[Ord. No. 1261 §§1 — 4, 9-7-1999]
A.
SOUND AMPLIFYING EQUIPMENT
SOUND TRUCK
Definitions. For the purposes of this Section, the following
words and phrases shall have the meanings respectively ascribed to
them by this Section:
Any machine or device for the amplification of the human
voice, music or any other sound. "Sound amplifying equipment" shall not be construed as including standard automobile radios when
used and heard only by occupants of the vehicle in which installed
or warning devices on authorized emergency vehicles or horns or other
warning devices on other vehicles used only for traffic safety purposes.
Any motor vehicle or horse-drawn vehicle having mounted thereon
or attached thereto any sound amplifying equipment.
B.
Unnecessary, Annoying, Etc., Noise Prohibited. It shall
be unlawful for any person to make, continue or cause to be made or
continued any loud, unnecessary or unusual noise or any noise which
either annoys, disturbs, injures or endangers the comfort, repose,
health, peace or safety of others within the City.
C.
Certain Acts Declared To Violate Ordinance. The following
acts, among others, are declared to be loud, disturbing and unnecessary
noises in violation of this Section, but such enumeration shall not
be deemed to be exclusive, namely:
1.
Animals, birds, etc. The keeping of any animal or
bird which by causing frequent or long continued noise shall disturb
the comfort or repose of any persons in the vicinity.
2.
Blowers. The operation of any noise-creating blower
or power fan or any internal combustion engine, the operation of which
causes noise due to the explosion of operating gases or fluids, unless
the noise from such blower or fan is muffled and such engine is equipped
with a muffler device sufficient to deaden such noise.
3.
Construction or repairing of buildings. The erection,
including excavating, demolition, alteration or repair of any building
other than between the hours of 7:00 A.M. and 8:00 P.M. on weekdays
except in case of urgent necessity in the interest of public health
and safety and then only with a permit from the Building Inspector,
which permit may be granted for a period not to exceed three (3) days
or less while the emergency continues and which permit may be renewed
for periods of three (3) days or less while the emergency continues.
If the Building Inspector should determine that the public health
and safety will not be impaired by the erection, demolition, alteration
or repair of any building or the excavation of streets and highways
within the hours of 6:00 P.M. and 7:00 A.M. and if he/she shall further
determine that loss or inconvenience would result to any party in
interest, he/she may grant permission for such work to be done within
the hours of 6:00 P.M. and 7:00 A.M., upon application being made
at the time the permit for the work is awarded or during the progress
of the work.
4.
Defect in vehicle or load. The use of any automobile,
motorcycle or vehicle so out of repair, so loaded or in such manner
as to create loud and unnecessary grating, grinding, rattling or other
noise.
5.
Exhausts. The discharge into the open air of the
exhaust of any steam engine, stationary internal combustion engine,
motorboat or motor vehicle except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
6.
Hawkers, peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
7.
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle or other vehicle
on any street or public place of the City, except as a danger warning;
the creation by means of any such signaling device of any unreasonably
loud or harsh sound; and the sounding of any such device for an unnecessary
and unreasonable period of time. The use of any signaling device except
one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust; and the use of any such
signaling device when traffic is for any reason held up.
8.
Loading, unloading, opening boxes. The creation
of a loud and excessive noise in connection with loading or unloading
any vehicle or the opening and destruction of bales, boxes, crates
and containers.
9.
Loud speakers, amplifiers for advertising. The using,
operating or permitting to be played, used or operated of any radio
receiving set, musical instrument, phonograph, loud speaker, sound
amplifier or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
commercial advertising or attracting the attention of the public to
any building or structure.
10.
Compression brakes, exhaust brakes, jake brakes, etc. Any use or operation of any such braking, compression or exhaust
device whether equipped on a tractor-trailer or any other vehicle
within the corporate limits of the City of Oak Grove except in the
case of a necessary and bona fide emergency stop resulting directly
from brake failure.
11.
Pile drivers, hammers, etc. The operation between
the hours of 10:00 P.M. and 7:00 A.M. of any pile driver, steam shovel,
pneumatic hammer, derrick, steam or electric hoist or other appliance,
the use of which is attended by loud or unusual noise, except in case
of urgent necessity in the interest of public health and safety as
determined by the City.
12.
Radios, phonographs, etc. The using, operating or
permitting to be played, used or operated any radio receiving set,
musical instrument, phonograph or other machine or device for the
producing or reproducing of sound in such manner as to disturb the
peace, quiet and comfort of the neighboring inhabitants or at any
time with louder volume than is necessary for convenient hearing for
the persons who are in the room, vehicle or chamber in which such
machine or device is operated and who are voluntary listeners thereto.
The operation of any such set, instrument, phonograph, machine or
device in such a manner as to be plainly audible at a distance of
seventy-five (75) feet from the building, structure or vehicle in
which it is located shall be prima facie evidence of a violation of
this Section.
13.
Schools, courts, churches, hospitals. The creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court while the same are in use or adjacent
to any hospital, which unreasonably interferes with the workings of
such institution or which disturbs or unduly annoys patients in the
hospital; provided that conspicuous signs are displayed in such streets
indicating that the same is a school, hospital or court street.
14.
Yelling, shouting, etc. Yelling, shouting, hooting,
whistling or singing on the public streets, particularly between the
hours of 11:00 P.M. and 7:00 A.M. or at any time or place so as to
annoy or disturb the quiet, comfort or repose of persons in any office
or in any dwelling, hotel or other type of residence or of any persons
in the vicinity.
D.
Non-Commercial Use Of Sound Trucks.
1.
Registration required. No person shall use or cause
to be used a sound truck with its sound amplifying equipment in operation
for non-commercial purposes in the City before filing a registration
statement with the City Clerk in writing. The fee for sound truck
registration shall be five dollars ($5.00). This registration statement
shall be filed in duplicate and shall state the following:
a.
Name and home address of the applicant.
b.
Address of place of business of applicant.
c.
License number and motor number of the sound truck to be used by
applicant.
d.
Name and address of person who owns the sound truck.
e.
Name and address of person having direct charge of sound truck.
f.
Names and addresses of all persons who will use or operate the sound
truck.
g.
The purpose for which the sound truck will be used.
h.
A general statement as to the section of the City in which the sound
truck will be used.
i.
The proposed hours of operation of the sound truck.
j.
The number of days of proposed operation of the sound truck.
k.
A general description of the sound amplifying equipment which is
to be used.
l.
The maximum sound producing power of the sound amplifying equipment
to be used in or on the sound truck. State the following:
2.
Registration statement amendment. All persons using
or causing to be used sound trucks for non-commercial purposes shall
amend any registration statement filed pursuant to this Section within
forty-eight (48) hours after any change in the information therein
furnished.
3.
Registration and identification. The City Clerk
shall return to each applicant under this Section one (1) copy of
the registration statement duly certified by the City Clerk as a correct
copy of the application. The certified copy of the application shall
be in the possession of any person operating the sound truck at all
times while the sound truck's sound amplifying equipment is in operation
and the copy shall be promptly displayed and shown to any Policeman
of the City upon request.
4.
Regulations for use. Non-commercial use of sound
trucks in the City with sound amplifying equipment in operation shall
be subject to the following regulations:
a.
The only sounds permitted are music or human speech.
b.
Operations are permitted for four (4) hours each day, except on Sundays
and legal holidays when no operations shall be authorized. The permitted
four (4) hours of operation shall be between the hours of 11:30 A.M.
and 1:30 P.M. and between the hours of 4:30 P.M. and 6:30 P.M.
c.
Sound amplifying equipment shall not be operated unless the sound
truck upon which such equipment is mounted is operated at a speed
of at least ten (10) miles per hour except when the truck is stopped
or impeded by traffic. Where stopped by traffic, the sound amplifying
equipment shall not be operated for longer than one (1) minute at
each stop.
d.
Sound shall not be issued within one hundred (100) yards of hospitals,
schools, churches or court buildings.
e.
The human speech and music amplified shall not be profane, lewd,
indecent or slanderous.
f.
The volume of sound shall be controlled to that it will not be audible
for a distance in excess of one hundred (100) feet from the sound
truck and so that the volume is not unreasonably loud, raucous, jarring,
disturbing or a nuisance to persons within the area of audibility.
g.
No sound amplifying equipment shall be operated with an excess of
fifteen (15) watts of power in the last stage of amplification.
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.
[Ord. No. 1439 §1, 4-19-2004; Ord. No. 1441 §1, 5-3-2004]
It shall be unlawful for any person to trespass upon the premises
of another for the purpose of peeping or peering into any dwelling
house.
[Ord. No. 1439 §3, 4-19-2004; Ord. No. 1441 §2, 5-3-2004]
A.
Any
person who commits any of the following acts shall be deemed to have
committed the offense of disorderly conduct:
1.
Acts in a violent or tumultuous manner toward another whereby any
person is placed in fear of safety of his life, limb or health.
2.
Acts in a violent or tumultuous manner toward another whereby any
property is placed in danger of being destroyed or damaged.
3.
Endangers lawful pursuits of another by acts of violence, angry threats
and abusive conduct.
4.
Causes, provokes or engages in any fight, brawl or riotous conduct
so as to endanger the life, limb, health or property of another.
5.
Assembles or congregates with another or others for the purpose of
causing, provoking or engaging in any fight or brawl.
6.
Jostles or roughly crowds or pushes any person in any public place.
7.
Frequents any public place with intent to obtain money from another
by an illegal and fraudulent scheme, trick, artifice or device.
8.
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 City or to aid or abet therein.
9.
Any person accosts or attempts to force his company upon another
person.
10.
Uses "fighting words" directed towards another who becomes outraged
and thus creates turmoil.
11.
Assembles or congregates with another or others for the purpose of
doing bodily harm to another.
12.
Any person, by acts of violence, interferes with another's pursuit
of a lawful occupation.
13.
Congregates 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.
14.
Congregates with others on a public street and refuses to move on
when ordered by the Police.
15.
By his actions causes a crowd to collect, except when lawfully addressing
such crowd.
16.
Stations himself on the public streets or follows pedestrians for
the purpose of soliciting alms, or who solicits alms on the public
streets unlawfully.
17.
Causes a disturbance in any bus or other public conveyance by running
through it, climbing through windows or upon the seats, or otherwise
annoying passengers or employees therein.
18.
Stands on sidewalks or street corners and make insulting remarks
to or about passing pedestrians or annoys such pedestrians.
19.
Wanders, prowls or loiters upon the private property of another in
the nighttime and peeks 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.
