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.
It
shall be unlawful for any person to make, continue or cause to be
made or continued any excessive, unnecessary unusually loud noise
or any noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others within the limits
of the City.
B.
Noises Prohibited—Unnecessary Noise Standard. The
following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this Section, but said enumeration
shall be not be deemed to be exclusive, namely:
1.
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle, streetcar
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.
2.
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 person or 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 between the hours of 10:00 P.M. and 6:00 A.M. in such a
manner as to be plainly audible at a distance of fifty (50) feet from
the place where it is located shall be prima facie evidence of a violation
of this Section.
3.
Loud speakers, amplifiers. 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 public streets for the purpose of commercial advertising
or attracting the attention of the public to any building or structure
or for any other purpose, unless upon permit issued by the Chief of
Police.
4.
Yelling, shouting, etc. Yelling, shouting, hooting,
whistling or singing on the public streets, or on private or public
property, 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. Yelling,
shouting, hooting, whistling or singing, as provided above, between
the hours of 10:00 P.M. and 6:00 A.M. in such a manner as to be plainly
audible at a distance of fifty (50) feet from the person who has yelled,
shouted, hooted, whistled or sung shall be prima facie evidence of
a violation of this Section.
5.
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.
6.
Exhaust. The discharge into the open air of the
exhaust of any steam engine, internal combustion engine, including
any stationary gasoline or gas engine not employed in portable uses
or motorboat or motor vehicle, unless the noise from such engine is
muffled and equipped with a muffler device sufficient to deaden such
noise.
7.
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.
8.
Construction or repairing of buildings. The erection
(including excavation), demolition, alteration or repair of any building
other than between the hours of 6:00 A.M. and 10:00 P.M. on weekdays,
except in case of urgent necessity and 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 (including excavation),
demolition, alteration or repair of any building or the excavation
of streets or highways within the hours of 10:00 P.M. to 6:00 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 between the hours of 10:00 P.M. and 6:00 A.M. upon
application being made at the time the permit for the work is awarded
or during the progress of the work.
9.
Hawkers, peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
10.
Pile drivers, hammers, etc. The operation between
the hours of 10:00 P.M. and 6:00 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.
11.
Domestic power tools. Operating or permitting the
operation or any mechanically, electrically or pneumatic powered saw,
drill, sander, grinder, lawn or garden tool or similar device used
in residential areas between the hours of 10:00 P.M. and 6:00 A.M.
so as to disturb the comfort or repose of any persons in the vicinity.
12.
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.
13.
Explosive devices. Use of any explosive device,
unless otherwise permitted by law or special permission, which creates
implosive sound so as to disturb the comfort or repose of any persons
in the vicinity.
C.
Violation, Penalty. Any person violating any of the provisions of this Section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished in accordance with Section 100.110 of this Code. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
D.
Additional Remedy, Injunction. As an additional remedy,
the operation or maintenance of any device, instrument, vehicle or
machinery in violation of any provision hereof and which causes discomfort
or annoyance to reasonable persons of normal sensitivity or which
endangers the comfort, repose, health or peace of residents in the
area shall be deemed and is declared to be a public nuisance and may
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
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.
