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.
[R.O. 2004 §210.205; Ord. No. 53 §5, 9-15-1975]
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise or
any noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others within the limits
of the Village.
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.
[Ord. No. 53 §3, 9-15-1975]
A.
Definitions. As
used in this Section, the following terms shall have these prescribed
meanings:
INCITE A RIOT
Shall mean, but is not limited to, urging or instigating
other persons to riot, but shall not be deemed to mean the mere oral
or written:
2.
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
ways or parks.
RIOT
A public disturbance involving:
1.
An act or acts of violence by one (1) or more persons, part
of an assemblage of three (3) 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 to the person of
any other individual; or
2.
A threat or threats of the commission of an act or acts of 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.
B. Disorderly Conduct Prohibited. A person shall be guilty
of disorderly conduct if he/she willfully does any of the following
acts in a public place:
1. Commits an act in a violent and tumultuous manner toward another
whereby that other is placed in danger of his/her life, limb or health;
2. Commits an act in a violent and tumultuous manner toward another
whereby the property of any person is placed in danger of being destroyed
or damaged;
3. Causes, provokes or engages in any fight, brawl or riotous conduct
so as to endanger the life, limb, health or property of another;
4. Interferes with another's pursuit of a lawful occupation by acts
of violence;
5. Obstructs, either singly or together with other persons, the flow
of vehicular or pedestrian traffic in a public way and refuses to
clear such public way when ordered to do so by the Village Police;
6. Is in a public place under the influence of an intoxicating liquor
or drug in such condition as to be unable to exercise care for his/her
safety or the safety of others;
7. Resists or obstructs the performance of duties by Village Police
or any other authorized official of the Village when known to be such
an official;
8. Incites, attempts to incite or is involved in attempting to incite
a riot;
9. Addresses words to any member of the Village Police Department, any
other authorized official of the Village who is engaged in the lawful
performance of his/her duties or any other person when such words
by their very utterance inflict injury or tend to incite violence;
10. Damages, befouls or disturbs public property or the property of another
so as to create a hazardous, unhealthy or physically offensive condition;
11. Makes or causes to be made any loud, boisterous noise or disturbance
on or in any public way or park whereby the public peace is broken
or disturbed; or
12. Fails to obey a lawful order to disperse by a Police Officer, when
known to be such an official, where one (1) or more persons are committing
acts of disorderly conduct in the immediate vicinity and the public
health and safety is imminently threatened.
C. Exemptions. This Section 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.