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.
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.
[R.O. 2003 § 210.250; CC 1997 § 120.010; Ord. No. 991-02 Arts. I — II, 11-25-2002; Ord. No. 1078-09 Art. I § 1,
Art. II §§ 1–3, 4-13-2009]
A. The City hereby adopts and will enforce
this policy prohibiting the use of excessive force by Law Enforcement
Agencies within its jurisdiction against any individual engaged in
non-violent civil rights demonstrations. The City also prohibits the
physical barring of any entrance or exit to such a facility and will
enforce all applicable State laws in this regard.
B. Violations And Penalties.
1.
Any person charged with a violation
of any provision of this resolution will be served by the City with
written notice stating the nature of the violation.
2.
Any person convicted of this violation
shall be guilty of an ordinance violation, and shall be fined an amount
not to exceed one hundred dollars ($100.00) for each violation. Each
day on which such violation occurs shall be deemed to be a separate
offense.
3.
Any person violating any of the provisions
of this resolution shall become liable to the City for any expense,
loss, or damage occasioned the City by reason of such violation.
[R.O. 2003 § 210.260; Ord. No. 923-99 §§ 75.200 — 75.201, 4-12-1999]
A. Loitering Definitions. As used in this
Section, the following terms shall have these prescribed meanings:
LOITERING
Remaining idle in essentially one (1) location and shall
include the concept of spending time idly; to be dilatory; to linger;
to stay; to saunter; to delay; to stand around and shall also include
the colloquial expression "hanging around."
PUBLIC PLACE
Any place to which the general public has access and a right
to 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. Loitering — Police Order To Disperse.
It shall be unlawful for any person to loiter, loaf, wander, stand
or remain idle either alone and/or 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 interrupted 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 or thereto.
C. When any person causes or commits any of the conditions enumerated in Subsection
(B) herein, 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 to obey such order shall be guilty of a violation of this Section.
[Ord. No. 1042-05 § 1, 7-11-2005]
A. It shall be unlawful for any individual
to play any radio, television, or any device made to play cassettes,
records, compact discs, audio and/or video tapes, loud speaker or
any similar device so that it emits a sound that can be heard one
hundred (100) feet or more from the device. This includes any of the
aforementioned devices that are mounted in motor vehicles, boats,
trucks, bicycles, carried on one's person or placed in a building,
to include private residences, apartments, places of business and
similar structures.
B. A Police Officer may issue a Uniform Traffic Ticket (UTT) to the individual responsible for any such device emitting sound in violation of Subsection
(A) above, including the driver of a motor vehicle, or the first registered owner of the vehicle, the owner of record or a resident of a residence or apartment, the proprietor of a business or the person who is in physical control of any such device.
C. In the event that any such device is located
in a motor vehicle, boat, bicycle, ATV, or other means of conveyance
and the owner or operator cannot be located or denies ownership, a
Police Officer may tow the motor vehicle, boat, bicycle, ATV, or other
means of conveyance at the owner's expense.
D. A Police Officer may seize any motor vehicle,
boat, truck, bicycle, or any other device, and have same towed and
stored at the owner's expense for a period not to exceed seventy-two
(72) hours, which was used in violation of this Section by an individual
who previously has been convicted or plead guilty or who has a noise
disturbance charge pending.
E. This Section shall not apply to licensed
carnivals, religious services, rodeos, noise emitted by machinery
during its normal operation, emergency vehicles or noise emitted under
similar circumstances, Gallatin School District activities, activities
associated with business or commercial locations in an appropriately
zoned district where the activities are inside the structure.
F. Permits Authorized. Any individual, business
and organization may apply for a permit that will allow for an outside
event where noise generated may otherwise be in violation of this
Section. The office of the City Clerk or designee in his or her discretion
may issue such permit. Such permit shall identify the applicant and
duration of the event.