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.
It
shall be unlawful for any person to make, constitute or cause to make
or continue or allow the same to continue for an unreasonable amount
of time excessive, unnecessary or unusually loud noise which either
annoys, disturbs, injures, the peaceful enjoyment of a reasonable
person, or endangers the comfort, repose, health, peace or safety
of others within the limits of the Village.
B.
Prohibited Acts. The following acts, among others, are deemed
to be loud, disturbing, unnecessary noise in violation of this Section,
but such a numeration shall not be deemed exclusive:
1.
Radios, phonographs and musical instruments. Using,
operating or permitting to be played, used or operated any amplifier,
radio receiving set, musical instrument, phonograph or other machine
or device for the production or reproducing of sound in such manner
as to disturb the peace, quiet and comfort of the neighboring inhabitants
of reasonable sensitivities. Operation of any such set, instrument,
phonograph, machine or device between the hours of 10:00 P.M. and
8:00 A.M. in such a manner as to be plainly audible at a distance
of fifty (50) feet from the building, structure or vehicle in which
it is located or plainly audible to a neighboring inhabitant of reasonable
sensitivities, shall be prima facie evidence of a violation of this
Section.
2.
Construction or repair of buildings. The erection,
including excavation, demolition, alteration, or repair, of any building,
statue, or other construction project other than between the hours
of 6:00 A.M. and 10:00 P.M. on weekdays and between the hours of 8:00
A.M. and 10:00 P.M. on Saturdays and between the hours of 9:00 A.M.
and 7:00 P.M. on Sundays is prohibited. No construction or repair
on commercial properties or residential developments of two (2) or
more residential lots shall be allowed on Sunday. In the case of urgent
necessity and in the interest of public health and safety, the Chairman
or in his/her absence the Chairman Pro Tem may issue a permit for
a period not to exceed three (3) days while the emergency continues.
The permit may be renewed for periods of three (3) days or less while
the emergency continues.
[Ord. No. 03-21, 2-25-2021]
C.
Penalty. Any person violating any of the provisions of this
Section shall be deemed guilty of an ordinance violation and, upon
conviction thereof shall be punished in accordance with the penalty
Sections of this code.
D.
Violations Declared Nuisance — Injunctive Relief. As
an additional remedy, the operation or maintenance of any device,
instrument, vehicle or machinery in violation of any provision of
this Section which causes discomfort or annoyance to reasonable persons
of normal sensitivities or which endangers the comfort, repose, health
or peace of residence in the area shall be deemed and it 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.
It shall be unlawful for any person, male or female, to urinate
or defecate in any public place not designated for such purpose.
A.
It shall be unlawful for any person to enter upon the premises, public or private, or to enter upon public right-of-way, and to solicit, ask for, and/or receive a donation of money or services after having been refused such request, or by any activity that would be in violation of Section 210.670, Peace Disturbance or 210.680, Private Peace Disturbance of the Code.
B.
Any
person who shall solicit for himself, or others, of any residence
or establishment posted "no solicitors" shall be guilty of a misdemeanor.
