[Ord. No. 17-02, 1-26-2017]
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.
[Ord. No. 17-02, 1-26-2017]
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.
[Ord. No. 17-02, 1-26-2017]
[Ord. No. 17-02, 1-26-2017]
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. 17-02, 1-26-2017]
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.
[Ord. No. 17-02, 1-26-2017]
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. 17-02, 1-26-2017]
A.
PUBLIC PLACE
Definition. The following term shall be defined as follows:
Any place, including inside a building, 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 knowingly and actually:
1.
Obstruct any public street, public highway, public sidewalk
or any other public place or building by hindering or impeding 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.
[Ord. No. 17-02, 1-26-2017]
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. 17-02, 1-26-2017]
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.
FUNERAL and BURIAL SERVICE
OTHER PROTEST ACTIVITIES
Definitions. As used in this Section, the following terms 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.
Any action that is disruptive or undertaken to disrupt or
disturb a funeral or burial service.
C.
The offense of unlawful funeral protest shall be an ordinance violation.
[R.O. 2004 § 235.320; Ord. No. 09-09, 3-10-2009]
A.
It shall be unlawful for any person to make, continue
or cause to be made or continued any unreasonably loud, unnecessary
or unusual noise or any noise which either annoys, disturbs, injures
or endangers the comfort, repose, health, peace or safety of reasonable
persons within the limits of the City. The following acts, among others,
are declared to be loud, but such enumeration shall not be deemed
to be exclusive:
1.
Horns, Signaling Devices, Etc. The sounding
of any horn, whistle or signaling device on any automobile, motorcycle
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 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 reasonable persons in the immediate neighborhood or at any time with louder volume than is reasonably necessary for convenient hearing for the person who is in the room, vehicle or chamber in which such machine or device is operated and who is a voluntary listener thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 P.M. and 7:00 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 shall be prima facie evidence of a violation of Subsection (A)(2) of this Section.
3.
Loudspeakers, Amplifiers For Advertising. The
using, operating or permitting to be played, used or operated of any
radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
commercial advertising or attracting the attention of the public to
any building or structure.
4.
Yelling, Shouting, Etc. Sustained or prolonged
yelling, shouting, hooting, whistling or singing on the public streets,
particularly between the hours of 11:00 P.M. and 7:00 A.M. or at any
time or place so as to annoy or disturb the quiet, comfort or repose
of reasonable persons in any office; in any dwelling, hotel or other
type of residence; or of any persons in the vicinity.
5.
The keeping of any animal or bird which by causing
frequent or long continued noise shall disturb the comfort or repose
of reasonable persons in the vicinity.
6.
Exhausts. The discharge into the open air of
the exhaust of any internal combustion engine, motor boat or motor
vehicle except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
7.
Construction Or Repairing Of Buildings. The
erection, excavating, demolition, alteration or repair of any building
other than between the hours of 6:00 A.M. and 9:00 P.M., except in
case of urgent necessity 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, demolition, alteration or repair
of any building or the excavation of streets and highways within the
hours of 6:00 P.M. and 7:00 A.M. and if the inspector shall further
determine that loss or inconvenience would result to any party in
interest, the inspector may grant permission for such work to be done
within the hours of 6:00 P.M. and 7:00 A.M. upon application being
made at the time the permit for the work is awarded or during the
progress of the work.
8.
Schools, Courts, Churches, Hospitals. The creation
of any unreasonable or excessive noise on any street adjacent to any
school, institution of learning, church or court while the same is
in use or adjacent to any hospital, which unreasonably interferes
with the workings of such institution or which disturbs or unduly
annoys patients in the hospital, provided conspicuous signs are displayed
in such streets indicating that the same is a school, hospital or
court street.
9.
Drums. The use of any drum or other instrument
or device for the purpose of attracting attention by creation of noise
to any performance, show or sale.
10.
Railroad Cars, Operation Thereof. The causing,
permitting or continuing of any excessive, unnecessary, unreasonable
and avoidable noise in the operation of railroad cars.
11.
Pile Drivers, Hammers, Etc. The operation between
the hours of 10:00 P.M. and 7:00 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 unreasonable noise.
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.
