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.
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.
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 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. 2006 § 210.223; CC 1987 § 210.040]
A.
Disturbing Schools. No person shall willfully or maliciously make
or assist in making any noise, disturbance or improper diversion by
which the peace, quietude or good order of any public, private or
parochial school is disturbed.
B.
Profanity, Immoral Conduct, Etc. No person shall use profane, indecent
or immoral language or indulge in indecent or immoral conduct in any
building or on any property adjacent to any building in the City occupied
as a public, private or parochial school.
C.
Principal To Request Disturbing Person To Leave. Any person found
to be creating a disturbance in any private, public or parochial school
or on the surrounding school grounds or on the fields or grounds lawfully
used for school activities while such recreational areas or other
activities are in progress shall leave immediately when so directed
by the principal or by any other person designated by the principal.
D.
Unauthorized Persons In School Building.
1.
No person shall enter and remain in any public, private or parochial
school building between the hours of 8:00 A.M. and 4:30 P.M. on days
such school is in session who is not a regularly enrolled student,
teacher or other employee at such school, unless he/she shall have
first and immediately proceeded to the administrative offices and
identified himself/herself to the principal or the principal's designee.
2.
It shall be unlawful for any person to enter and remain in any
public, private or parochial school or on surrounding school grounds
within two hundred fifty (250) feet of the school building after being
requested to leave by the principal or his/her designee.
E.
Regulation Of School Grounds Activities. It shall be unlawful for
any person to be on any school grounds after dark unless he/she is
actively engaged in school-sponsored functions, supervised recreational
activities or is participating in an athletic event or as a spectator
of such event.
F.
Defacing School Property. No person shall mark with any substance
or in any other manner deface or do damage to any building, fence,
tree, lawn or other fixture or appurtenance situated on lands owned,
occupied or otherwise used by any public, private or parochial school
in the City.
A.
No person shall cause, nor shall any person in possession of property
allow to originate from the property, sound that is a public disturbance
noise. The following sounds are hereby determined to be public disturbance
noises:
1.
Frequent, repetitive or continuous sounds made by any animal
which unreasonably disturbs or interferes with the peace, comfort
and repose of property owners or possessors, except that such sounds
made in animal shelters or commercial kennels, veterinary hospitals,
pet shops or pet kennels licensed under and in compliance with the
provisions of the Code of the City of Calverton Park shall be exempt
from this Subsection; provided, that, notwithstanding any other provision
of this Section, if the owner or other person having custody of the
animal cannot, with reasonable inquiry, be located by the investigating
officer or if the animal is a repeated violator of this Subsection,
the animal may be impounded;
2.
The frequent, repetitive or continuous sounding of any horn
or siren attached to a motor vehicle, except as a warning of danger
or as specifically permitted or required by law;
3.
The creation of frequent, repetitive or continuous sounds in
connection with the starting, operation, repair, rebuilding or testing
of any motor vehicle, motorcycle, off-highway vehicle or internal
combustion engine, within a residential district, so as to unreasonably
disturb or interfere with the peace, comfort and repose of owners
or possessors of real property;
4.
The use of a sound amplifier or other device capable of producing
or reproducing amplified sound upon public streets for the purpose
of commercial advertising or sales or for attracting the attention
of the public to any vehicle, structure or property or the contents
therein, except as permitted by law;
5.
The making of any loud or raucous sound within one thousand
(1,000) feet of any school, hospital, sanitarium, nursing or convalescent
facility;
6.
The creation by use of a musical instrument, whistle, sound
amplifier or other device capable of producing or reproducing sound,
of loud or raucous sounds which emanate frequently, repetitively or
continuously from any building, structure or property located within
the City, such as sounds originating from a band session or social
gathering and without limiting the foregoing, any loud or raucous
sounds from social gatherings between the hours of 11:00 P.M. and
9:00 A.M.;
7.
The erection (including excavating), demolition, alteration
or repair of any building or structure other than between the hours
of 7:00 A.M. and 6:00 P.M. on weekdays and 9:00 A.M. and 6:00 P.M.
on weekends, except in case of urgent necessity in the interest of
public safety and then only with a permit from the Building Commissioner
or his/her designee for a period not to exceed three (3) days which,
however, may be renewed for like or less periods while the emergency
continues;
8.
The operation of any lawn mower, lawn care equipment, chain
saw, wood chipper, stump grinder, leaf blower, or similar type of
powered device before 7:00 A.M. or after 9:00 P.M. on weekdays and
before 8:00 A.M. or after 9:00 P.M. on weekends, except that the use
of electricity generators during extended power outages and equipment
used in the care and maintenance of the City Golf Course shall not
be subject to such restrictions.
B.
No sound source specifically exempted from a maximum permissible
sound level by this Section shall be a public disturbance noise, insofar
as the particular source is exempted.
C.
The following sounds are exempt from the provisions of this Section
at all times:
1.
Sounds originating from aircraft in flight;
2.
Sounds created by safety and protective devices, such as relief valves,
where noise suppression would defeat the safety release intent of
the device;
3.
Sounds created by fire alarms; and
4.
Sounds created by emergency equipment and emergency work necessary
in the interest of law enforcement or of the health, safety or welfare
of the community, including, but not limited to, snow removal and
other equipment involved in clearing streets, parking lots and driveways.
