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.
[Ord. No. 8-13 §§1 — 3, 11-17-1997]
A.
INCITE A RIOT
PUBLIC PLACE
RIOT
1.
2.
Definitions. As
used in this Article, the following terms shall have these prescribed
meanings:
Urging or instigating other persons to riot, but shall not
be deemed to mean the mere oral or written:
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 include the front or immediate area of any store,
shop, restaurant, tavern, or other place of business and also public
grounds, areas or parks.
A public disturbance involving:
An act or acts of violence by one (1) or more persons part of
an assemblage of three (3) or more persons, which act or acts shall
constitute a clear and a present danger of, or shall result in, damage
or injury to the property of any other person or to the person of
any other individual or;
A threat or threats of the commission of an act or acts of violence
by one (1) or more persons part of an assemblage of three (3) or more
persons having, individually or collectively, the ability of immediate
execution of such threat or threats where the performance of the threatened
act or acts of violence would constitute a clear and present danger
of, or would result in, damage or injury to the property of any other
person or to the person of any other individual.
B.
Disorderly Conduct Prohibited. A person shall be guilty
of disorderly conduct if, with the purpose of causing public danger,
alarm, disorder, nuisance, or if his/her conduct is likely to cause
public danger, alarm, disorder or nuisance, he/she willfully does
any of the following acts in a public place:
1.
Commits an act in a violent and tumultuous manner toward another
whereby that other is placed in danger of his/her life, injury to
his/her limb or health;
2.
Commits an act in a violent and tumultuous manner toward another
whereby the property of any person is placed in danger of being destroyed
or damaged;
3.
Causes, provokes or engages in any fight, brawl or riotous conduct
so as to endanger that life, limb, health or property of another;
4.
Interferes with another's pursuit of a lawful occupation by acts
of violence;
5.
Obstructs, either singly or together with other persons, the flow
of vehicular or pedestrian traffic and refuses to clear such public
way when ordered to do so by the City Police or other lawful authority
known to be such;
6.
Is in a public place under the influence of an intoxicating liquor
or drug in such condition as to be unable to exercise care for his/her
own safety or the safety of others;
7.
Resists or obstructs the performance of duties by City Police or
any other authorized official of the City when known to be such an
official;
8.
Incites, attempts to incite, or is involved in attempting to incite
a riot;
9.
Addresses abusive language or threats to any member of the Police
Department, any other authorized official of the City who is engaged
in lawful performance of his/her duties, or any other person when
such words have a tendency to cause acts of violence. Words merely
causing displeasure, annoyance or resentment are not prohibited;
10.
Damages, befouls or disturbs public property or the property of another
so as to create a hazardous, unhealthy or physically offensive condition;
11.
Makes or causes to be made any loud, boisterous and unreasonable
noise or disturbance to the annoyance of any other persons nearby
or near to any public highway, road, street, lane, alley, park, square
or common whereby the public peace is broken or disturbed or the traveling
public annoyed;
12.
Fails to obey a lawful order to disperse by a Police Officer when
known to be such an official where one (1) or more persons are committing
acts of disorderly conduct in the immediate vicinity, and the public
health and safety is imminently threatened;
13.
Uses abusive or obscene language or makes an obscene gesture.
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.
[Code 1974 §220.410; CC 1984 §18-94]
It shall be unlawful for any person to use speech or writing
in such a way that has a direct tendency to incite immediate acts
of violence by the person or group being addressed on any street,
alley, place or business, public building or other place in the City.
[CC 1984 §18-99; Ord.
No. 4-33 §§1 — 2, 2-11-2011]
A.
NOISE DISTURBANCE
NOISE SENSITIVE ZONE
PERSON
PUBLIC RIGHT-OF-WAY
REAL PROPERTY BOUNDARY
SMALL POWER EQUIPMENT
SOUND AMPLIFYING EQUIPMENT
WEEKDAY
Definitions. For
the purpose of this Section, the following terms shall have the prescribed
meanings:
Any sound which:
Any area designated for the purpose of ensuring exceptional
quiet and shall include schools and churches while the same are in
use, any hospital and any nursing home; provided, that conspicuous
signs are displayed on the exterior realty of any such school, church,
hospital or nursing home which clearly notifies a member of the general
public of its use.
Any individual, corporation, partnership firm or any legal
successor, representative or agent of the foregoing.
Any street, avenue, boulevard, highway, alley, sidewalk or
public space which has been dedicated for use by the general public
and the dedication of which has been accepted by the appropriate governmental
entity.
An imaginary line along the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person, but it does not include intra-building
real property division.
Any motorized or engine powered device, including, but not
limited to, lawn mowers, lawn and garden tools, riding lawn tractors
and power saws, excluding other motor vehicles.
Any machine or device for the amplification of the human
voice, music or any other sound. Sound amplifying equipment as used
herein shall not be construed as including standard automobile radio
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 day Monday through Friday which is not a legal holiday.
B.
Loud And Unnecessary Noises Prohibited. No person shall
make, continue or cause to be made or continued a noise disturbance
or any sound that is unreasonably loud, excessive or disturbing to
a person of reasonable sensitivities within the City, unless such
noise is reasonable necessary to the preservation of life, health,
safety or property.
C.
Applicability Of Article. The provisions of this Article
shall not apply in using any of the sound equipment mentioned and
described herein where such equipment is being used for civil defense
or in the event of a disaster or other emergency, or is being used
by any governmental agency or at any public meeting.
D.
Certain Loud And Disturbing Noises Enumerated. The following acts are declared to be loud, disturbing and unnecessary noises in violation of Subsection (B), but such enumeration shall not be deemed to be exclusive:
1.
Vehicle horns, etc. The sounding of any horn or
signal device on any streetcar, motorbus, motorized bicycle, motorcycle,
automobile or other vehicle while not in motion on a public street
or highway, except as a danger signal if another vehicle is approaching
apparently out of control; or, if in motion, the excessive or prolonged
sounding except as a danger signal, after or as brakes are being applied
and deceleration of the vehicle is intended; the creation by means
of any such signal device of any unreasonably loud or harsh sound
and the sounding of any such device for an unnecessary or unreasonable
period of time.
2.
Vehicular noise generally. The use of any automobile,
motorcycle, bicycle, streetcar or vehicle so out of repair, so loaded
or in such manner as to create loud and unnecessary grating, grinding,
rattling, or other noise.
3.
Domestic power tools. Operating or permitting the
operation of any mechanically powered saw, sander, drill, grinder,
mower, leaf blower, lawn or garden tool, snow blower, small power
equipment, or similar device used outdoors in residential areas between
the hours of 9:00 P.M. and 7:00 A.M. the following day, so as to cause
a noise disturbance across a residential real property boundary.
4.
Engine — repair and testing. It shall be
unlawful for any person to repair, rebuild or test any engine so as
to create a noise disturbance.
5.
Exhaust. The discharging 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.
Radios, musical instruments, loudspeakers, public address
systems, or similar devices. Operating, playing or permitting
the operation or playing of any radio, television, phonograph, drum,
musical instrument, sound amplifier, loudspeaker, public address system
or similar device which produces, reproduces, or amplifies sound:
a.
Between the hours of 10:00 P.M. and 7:00 A.M. the following day in
such a manner as to create a noise disturbance across a real property
boundary or within a noise sensitive zone.
b.
In such a manner as to create a noise disturbance at fifty (50) feet
from such device, when operated in or on a motor vehicle on a public
right-of-way or public space.
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.
E.
Exceptions And Special Waivers.
1.
Exceptions. The following uses and activities shall
be exempt from the provisions of this Section:
a.
Noise of safety signals and warning devices.
b.
Noises resulting from any authorized vehicle when responding to an
emergency.
c.
Noises resulting from the provision of governmental services.
d.
The unamplified human voice.
e.
Special events for which a special event permit has been issued pursuant to Subsection (4) of this Section.
f.
Bells, chimes, carillons while being used for religious purposes
or in conjunction with religious services, or for national celebrations
or public holidays, and those bells, chimes, carillons that are presently
installed, and in use, for any purpose.
2.
Exemptions for time to comply. Upon good cause shown
by the owner or responsible party for any noise source, the City Administrator
shall have the power to grant an exemption from the requirement of
this Section in order to allow sufficient time for installation of
needed control equipment, facilities, or modifications to achieve
compliance, not to exceed ten (10) days, provided that such exemption
may be renewed as necessary, but only if satisfactory progress toward
compliance is shown. A request for exemption shall be filed in writing
with the City Administrator.
3.
Use exemptions. The following uses and activities
shall be exempt from the provisions of this Section:
a.
Lawn maintenance equipment when it is functional within manufacturer's
specifications and with all mufflers and noise reducing equipment
in use, and in properly operating condition between the hours of 7:00
A.M. and 9:00 P.M.
b.
Non-amplified crowd noises resulting from the activities such as
those planned by day care centers, schools, churches, civic organizations,
or community groups.
c.
Amplified announcements at athletic or similar special events from
8:00 A.M. to 12:01 A.M.
4.
Special event permits.
a.
The City Administrator, or his designated representative, shall issue
special event permits for events such as, but not limited to, concerts
or festivals to allow reasonable and limited exceptions to the provisions
of this Section. Any special event permit issued shall contain specific
provisions as to the activities which will be conducted, and the dates
and times during which the provisions of this Section are to be suspended.
b.
Special conditions, including, but not limited to, hours of operation,
limitations on noise levels, placement of amplifiers and other equipment,
and public notification of the event, shall be established in the
permit in order to minimize the noise impact of the special event
on the community.
c.
Special event permits issued under this Subsection will be subject
to the condition that any such special event permit will expire at
10:00 P.M. on Sunday through Thursday evenings and midnight on Friday
and Saturday evenings.
d.
Special events permits issued under this Subsection shall not be
issued to any person who has violated the terms of any previous special
event permit authorized under this Subsection, except as approved
by the City Council.
e.
Applicants for special event permits shall be subject to arrest for
an ordinance violation for failure to comply with the terms of the
special events permit, if after being given notice by a Farmington
Police Officer that the terms of the special events permit have been
violated, the applicant fails to take necessary and appropriate corrective
measures to abate the conditions resulting in the violation of the
terms of the special event permit.
