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.
[Ord. No. 971, 3-20-2017]
It shall be unlawful for any person who owns, maintains, leases
or is otherwise in possession or control of any real property to permit
or allow persons thereon to conduct themselves in a loud or unruly
manner so as to cause hurt, injury, annoyance, inconvenience or danger
to the public or any member thereof, and it shall be the duty of any
such person in possession or control to take such steps as are available
to disperse such loud or unruly persons.
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.
[Ord. No. 971, 3-20-2017]
A.
No person shall knowingly picket or engage in other protest activities,
nor shall any association or corporation knowingly cause picketing
or other protest activities to occur within three hundred (300) feet
of any residence, cemetery, funeral home, church, synagogue, or other
establishment or location during or within one (1) hour before or
one (1) hour after any actual funeral or burial service at that place.
B.
As used in this Section, "other protest activities" means any action
that is disruptive or undertaken to disrupt or disturb a funeral or
burial service.
C.
As used in this Section, "funeral" and "burial" services mean 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 300-foot zone that is established under Subsection (A) above.
[R.O. 1993 § 235.135; Ord. No.
527 § 1, 8-15-1994; Ord. No. 630 § 1, 8-18-1997]
A.
Other than in the course of special events pursuant to a permit issued as provided in Subsection (B) of this Section, it shall be unlawful for any person to cause, suffer or maintain any unreasonably loud, disturbing or unnecessary noise by or through the play of any radio, phonograph, loudspeaker, sound amplifier, musical instrument or other device, or to allow or suffer any animal, bird or fowl to make frequent or long continued noise or any unreasonable noise during hours of general repose in such manner or with such volume as to unreasonably annoy or disturb the peace, quiet, comfort or repose of persons located outside the structure, vehicle or premises where the noise is generated; provided, further, that any such noise that can be distinctly heard at a distance of more than one hundred (100) feet from its source shall be deemed unreasonably loud, disturbing and unnecessary.
B.
Any person intending to conduct an outdoor event involving the use
of any radio, phonograph, loudspeaker, sound amplifier, musical instrument
or other device which may be likely to be heard more than one hundred
(100) feet from its source may apply to the City Clerk for a permit
for such purpose. The application shall include information as to
the nature of the devices to be employed, the hours during which they
are to be used and what steps the applicant will take to minimize
any adverse effects on nearby residents. The application shall be
filed at least seven (7) days prior to the event for which the permit
is sought. The City Clerk may consult with the Building Commissioner,
the Chief of the Police Department and other City personnel regarding
the application. If the City Clerk believes the event can be conducted
without unreasonable and prolonged adverse impact and that the proposed
activity is of a character not inconsistent with the existing primary
and customary associated uses of the property for which the permit
is sought, the permit shall be issued and notification of the issuance
thereof shall be forwarded to the Police Department. The permit may
be conditioned on such reasonable conditions as may serve to ameliorate
deleterious effects in the area, including limitations on the hours
during which such devices may be utilized.
[R.O. 1993 § 235.170; Ord. No.
333 Art. XV, 11-24-1980]
