It shall be unlawful for a person to disturb the peace of a
person or persons. A person commits the offense of peace disturbance,
if:
A. He or she unreasonably and knowingly disturbs or harms another person
or persons by:
1. Creating a loud noise which would disturb the senses of an ordinary
reasonable person, or
2. Uses offensive language addressed in a face to face manner to a specific
individual and under circumstances which are likely to produce an
immediate violent response from a reasonable recipient, or
3. Threatens to commit a crime against any person under circumstances
which are likely to cause a reasonable person to fear that such threat
may be carried out, or
4. Engages in fighting with another person in a public place or an open
area where the public could observe, unless it is in self-defense.
Self-defense is defined as attempting to prevent another person from
physically harming the defending person or an attempt to disarm a
person who is threatening to use a weapon or object which could cause
physical harm.
5. By unreasonably, intentionally or purposely and physically obstructing
vehicular or pedestrian traffic or the egress or ingress to and from
a public or private place, without the consent of the owner of the
private place.
6. A person also commits the offense of peace disturbance by unruly
conduct if the person who owns, maintains, leases or is otherwise
in possession or control of any real property permits or allows persons
thereon to conduct themselves in a loud or unruly manner so as to
cause hurt, injury annoyance, inconvenience or danger to the public
or a member thereof and shall be the duty of such person in possession
or control of such real property to take steps as are reasonably available
to him or her to disperse such loud or unruly persons.
Any person found guilty of the offensive disturbing the peace
of another person or persons, shall be deemed to have violated the
appropriate section herein and may be subject to a fine of up to $500
or 30 days of incarceration, or both. In addition, a person found
guilty may be ordered to make restitution in the amount of any doctor
or hospital bills.
A person commits the offense of unlawful assembly if he knowingly
assembles with six 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.
The following terms shall have the meanings indicated:
LOITERING
Remaining idle in essentially one location and shall include
the concept of spending time idly; to be dilatory; to linger; to stay;
to saunter; to delay; to stand around and shall also include the colloquial
expression "hanging around."
PUBLIC PLACE
Any place to which the general public has access and a right
to 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.
The following terms shall have the meanings indicated:
INCITE A RIOT
Includes, but is not limited to, urging or instigating other
persons to riot, but shall not be deemed to mean the mere oral or
written:
B.
Expression of belief, not involving advocacy of any act or acts
of violence or assertion of the rightness of, or the right to commit,
any such act or acts.
PUBLIC PLACE
Any place to which the general public has access and a right
to 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, area or parks.
RIOT
A public disturbance involving:
A.
An act or acts of violence by one or more persons part of an
assemblage of three or more persons, which act or acts shall constitute
a clear and present danger of, or shall result in, damage or injury
to the property of any other person or the person of any other individual;
or
B.
A threat or threats of the commission of an act or acts of violence
by one or more persons part of an assemblage of three or more persons
having individually or collectively, the ability of immediate execution
of such threat or threats, where the performance of the threatened
act or acts of violence would constitute a clear and present danger
of, or would result in, damage or injury to the property of any other
person or to the person of any other individual.
§§
75.570 through
75.582 shall not be construed to suppress the right to lawful assembly, picketing, public speaking, or other lawful means of expressing public opinion not in contravention of other laws.
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 knowingly fails or refuses to obey the lawful command of
a law enforcement office to depart from the scene of such assembly
or riot.