[Ord. No. 903, 12-29-2016]
As used in this Article, the following terms mean:
PRIVATE PROPERTY
Any place which at the time of the offense is not open to
the public. It includes property which is owned publicly or privately.
PUBLIC PLACE
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. 903, 12-29-2016]
A. A person commits the offense of peace disturbance if he/she:
1.
Unreasonably and knowingly disturbs or alarms another person
or persons by:
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
e.
Creating a noxious and offensive odor.
2.
Is in a public place or on private property of another without
consent and purposely causes inconvenience to another person or persons
by unreasonably and physically obstructing:
a.
Vehicular or pedestrian traffic; or
b.
The free ingress or egress to or from a public or private place.
[Ord. No. 903, 12-29-2016]
A. A person commits the offense of private peace disturbance if he/she
is on private property and unreasonably and purposely causes alarm
to another person or persons on the same premises by:
1.
Threatening to commit an offense against any person; or
B. For purposes of this Section, if a building or structure is divided
into separately occupied units, such units are separate premises.
[Ord. No. 903, 12-29-2016]
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. 903, 12-29-2016]
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. 903, 12-29-2016]
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. 903, 12-29-2016]
A. Definition. The following term shall be defined as follows:
PUBLIC PLACE
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.
[Ord. No. 903, 12-29-2016]
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.
[Ord. No. 903, 12-29-2016]
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. Definitions. As used in this Section, the following terms mean:
FUNERAL AND 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.