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/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.
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.
A.
A person commits the offense of unlawful funeral protest if he/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 three-hundred-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.
[Ord. No. 1228, 4-1-2013]
A.
It shall be unlawful for any individual to play any radio, television
or any device made to play cassettes, records, compact disc, audio
and/or video tapes, digital files, 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 and which
was used in violation of the noise disturbance ordinance by any 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, school 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 Chief of Police or his/her designee in his/her discretion may
issue such permit. Such permit shall identify the applicant and duration
of the event. No fee shall be charged for any such permit.
[Ord. No. 1229, 4-1-2013]
A.
It is unlawful for any person to engage in disorderly conduct or
in any conduct tending toward a breach of the peace.
B.
A person commits the offense of disorderly conduct if, with the purpose
of causing public inconvenience, annoyance or alarm or recklessly
creating a risk thereof, he/she:
1.
Engages in fighting or in violent, threatening or tumultuous
behavior;
2.
Addresses a specific individual or group of individuals in a
face-to-face manner using fighting words which the person or persons
to whom they are addressed considers to be personally abusive. The
term "fighting words" means and includes the utterance of any word
or words likely to have direct tendency to cause an immediate violent
response by a reasonable recipient;
3.
Makes unreasonable or excessive noise;
4.
In a public place, uses abusive or obscene language or makes
an obscene gesture in a manner likely to provoke a violent or disorderly
response;
5.
Disrupts or disturbs any lawful assembly or meeting of persons;
6.
Obstructs vehicular or pedestrian traffic;
7.
Congregates with other persons in a public place and refuses
to comply with a lawful order of a Law Enforcement Officer or other
person engaged in enforcing or executing the law to disperse;
8.
Creates a hazardous or physically offensive condition; or
9.
In a public place; mars, defiles, desecrates or otherwise damages
any symbol that is an object of respect by the public or a substantial
segment thereof.
