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.
A person
shall be guilty of disorderly conduct and breach of the peace if,
with a purpose to cause public danger, alarm, disorder, nuisance,
or if such conduct is likely to create such public danger, alarm,
disorder or nuisance, he/she willfully:
1.
Creates a disturbance of the public order by an act of violence;
2.
Engages in fighting or striking another person or in violent, threatening
or tumultuous behavior;
3.
Makes any unreasonably loud noise;
4.
Addresses abusive language or threats to any person present which
creates a clear and present danger of violence;
5.
Obstructs, molests or interferes with any person lawfully in any
public place;
6.
Uses offensive, disgusting or insulting language which is personally
abusive, addressed in a face-to-face manner to a specific individual
and uttered under circumstances such that the language has a direct
tendency to cause an immediate violent response by a reasonable recipient;
7.
Obstructs any public street, public highway, public sidewalk or any
other public place or building by hindering or impeding or tend to
hinder or impede the free and uninterrupted passage of vehicles, traffic
or pedestrians;
8.
Commits 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;
9.
Damages, befouls or disturbs public property or property of another
so as to create a hazardous, unhealthy or physically offensive condition;
or
10.
Commits a trespass on public, semi-public or private property. "Trespass", for the purpose of this Section, shall mean:
a.
Entering upon, or refusing to leave, any public, semi-public or private
property of another, either where such property has been posted with
"No Trespassing" signs or where immediately prior to such entry, or
subsequent thereto, notice is given by the owner or occupant or their
agent orally or in writing that such entry, or continued presence,
is prohibited.
b.
Entering upon, or refusing to leave, any public or semi-public property
in violation of regulations promulgated by the official charged with
the security, care or maintenance of the property and approved by
the Governing Body of the public agency owning such property, where
such regulations have been conspicuously posted or where immediately
prior to such entry, or subsequent thereto, such regulations are made
known by the official charged with the security, care of maintenance
of the property, his/her agent or a Police Officer.
B.
This
Section shall not apply to peaceful picketing, public speaking or
other lawful expressions of opinion not in contravention of other
laws.
Whenever any Police Officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing any of the conditions enumerated in Section 210.720, he/she may, if he/she deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who refuses to leave after being ordered to do so by a Police Officer shall be guilty of a violation of this Article.
A.
Every
citizen may freely speak, write and publish the person's sentiments
on all subjects, being responsible for the abuse of the right, but
no person shall picket or engage in other protest activities, nor
shall any association or corporation cause picketing or other protest
activities to occur 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.
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
service" 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 three hundred (300) foot zone that is established under Subsection (A) above.
A.
No
person shall willfully make or cause to be made any loud, boisterous
or unseemly noise or disturbance to the annoyance of any other person;
provided, nothing contained in this Section shall restrict or limit
the normal use to be made of parks, recreation places, playing fields
and playgrounds.
B.
No
person shall, for commercial purposes or in connection with any commercial
enterprise, erect or locate any device or apparatus in or on the exterior
of premises owned or occupied by him/her which, by mechanical or electrical
means, emits any loud sounds or noises so as to annoy or disturb passersby
on the street or the general public. The provisions of this Section
shall not apply, in time of emergency, to any announcement or broadcast
of any current events of public interest.
C.
No
person shall operate or cause or allow to be operated any engine of
any motor vehicle unless the exhaust therefrom shall be so muffled,
controlled or insulated that it shall make no noise that will be offensive
to any of the inhabitants.
D.
No
person shall play, use, operate or permit to be played, used or operated
any radio receiving set, musical instrument, phonograph, loud speaker
or sound amplifying device, or other machine or device for the production
or the reproduction of sound with louder volume than is necessary
for convenient hearing of the person so playing, using or operating
such instrument or device and such persons who are voluntary listeners
thereto, or in such manner as to disturb the peace, quiet and comfort
of neighboring inhabitants. The use or operation of any such instrument,
radio, phonograph, machine or device in such a manner as to be plainly
audible at a distance of fifty (50) feet from the building, structure,
vehicle or place in which it is used or operated shall be prima facie
evidence of a violation of this Section. Nothing herein contained
shall be construed to prohibit playing by a band or orchestra in a
hall, building, or in the open air at a public concert.
A.
No
person shall operate or cause to be operated over the City any airplane,
helicopter or other aircraft which is flying in a manner commonly
known as stunt flying, or at an unreasonably low altitude, or in any
manner that may be hazardous or dangerous to persons or property within
the City including, but not limited to, the landing of such airplane,
helicopter or other aircraft within the City.
B.
No
person shall broadcast by means of phonograph records or loudspeakers,
or in any other manner, loud, disturbing or unnecessary noises from
any airplane or helicopter or cause, aid or abet the flying of any
airplane, helicopter or other aircraft over the City from which is
emanated by means aforesaid any such noises.
C.
No
person shall operate or cause to be operated any airplane, helicopter
or other aircraft for commercial sound advertising purposes in or
over the City.
D.
The provisions of Subsection (A) of this Section shall not apply to airplanes, helicopters or other aircraft being then operated in an emergency situation or while in distress, nor shall such apply to airplanes, helicopters or other aircraft which have first obtained the written permission of the City Administrator for the proposed activity.
[Ord. No. 17-2178 § 1, 3-20-2017]
A.
UNMANNED AIRCRAFT
UNMANNED AIRCRAFT SYSTEMS
VISUAL OBSERVER
For the purposes of this Section, the following terms shall have
the following meanings:
A high-powered, aerial vehicle that:
An unmanned aircraft, and associated elements (including
communication links and the components that control the unmanned aircraft),
that is required for the pilot in command to operate safely and efficiently
in the national airspace system. To be part of an unmanned aircraft
system, the unmanned aircraft must be:
A person who is designated by the operator of an unmanned
aircraft system to assist the operator to see and avoid other air
traffic or objects aloft or on the ground.
B.
All operators of unmanned aircraft systems shall adhere to applicable
Federal and State regulations, rules and laws regarding their use,
and as may be amended from time to time, and implemented thereafter.
C.
Unmanned aircraft systems must remain below any surrounding obstacles
within the airspace, when possible.
D.
The unmanned aircraft system must remain within visual line of sight
of the operator of the unmanned aircraft system. Alternatively, the
unmanned aircraft must remain within the visual line of sight of a
visual observer, provided that the operator of the unmanned aircraft
system and the visual observer maintain effective communication with
each other at all times.
E.
Operators of unmanned aircraft systems shall not intentionally operate
unmanned aircraft systems over persons unprotected by shelter or moving
vehicles, or within twenty-five (25) feet from any person, building
or vehicle.
F.
Operators of unmanned aircraft systems shall not operate an unmanned
aircraft system in adverse weather conditions, such as in high winds
or reduced visibility.
G.
Operators of unmanned aircraft systems shall not operate an unmanned
aircraft system, nor shall a visual observer observe the operation
of an unmanned aircraft system, under the influence of alcohol or
controlled substances.
H.
Operators of unmanned aircraft systems shall ensure the operating
environment is safe and shall not operate unmanned aircraft systems
in a reckless or negligent manner so as to endanger the life or property
of another.
I.
Operators of unmanned aircraft systems shall not, without the consent
of the owner of the property, public utility or appropriate governmental
entity, operate an unmanned aircraft system within twenty-five (25)
feet of or over sensitive infrastructure or property, such as power
stations, utility lines, water treatment facilities, correctional
facilities, heavily traveled roadways, government facilities, or other
public utility facilities.
J.
It shall be unlawful to knowingly operate an unmanned aircraft system
directly over the private property of another without the property
owner's consent, if such operation of the unmanned aircraft system:
(a) enters into the immediate reaches of the air space next to private
property, and (b) if it interferes substantially with the property
owner's use and enjoyment of his/her property.
K.
All unmanned aircraft systems shall be limited to daylight-only operations,
or civil twilight (thirty (30) minutes before official sunrise to
thirty (30) minutes after official sunset, local time), with appropriate
anti-collision lighting. Notwithstanding the foregoing, a person may,
with the consent of the property owner, operate an unmanned aircraft
system between civil twilight and 10:00 P.M. directly above the areas
of property that are fully lit by one (1) or more outdoor light fixtures
provided that each light fixture is at a height no less than sixty
(60) feet above the surface of the ground.
L.
Except as may be otherwise expressly permitted by Federal or State
law, it shall be unlawful to operate any unmanned aircraft systems
weighing in excess of fifty-five (55) pounds (twenty-five (25) kilograms)
in the City.
