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 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 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. 1991 § 215.070; CC 1978 § 75.110]
A.
A person commits the offense of vagrancy
when he/she is:
1.
Found loitering or strolling in,
about or upon any street, alley or other public way or public place,
or at any public gathering or assembly, or in or around any store,
shop, or business or commercial establishment, or on any private property
or place without lawful business, and who upon being ordered to move
on about his/her business fails to do so.
2.
Found to occupy, lodge, or sleep
in any vacant or unoccupied barn, garage, shed, shop, or other building
or structure, or in any automobile, truck, railroad car, or other
vehicle, without owning the same or without permission of the owner
or person entitled to the possession of the same, or sleeping in any
vacant lot during the hours of darkness and not giving a reasonable
explanation for his/her behavior.
3.
Found to be begging, or going from
door to door of private homes or commercial and business establishments,
or places himself in or upon any public way or public place to beg
or receive alms for his/her own use.
[R.O. 1991 § 215.160; CC 1978 §§ 75.210
– 75.212]
A.
INCITE A RIOT
PUBLIC PLACE
RIOT
1.
2.
Definitions. When used in this Section,
the following words shall have the prescribed meaning:
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:
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.
A public disturbance involving:
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
A threat or threats of the commission
of an act or acts of violence by one (1) or more persons part of an
assemblage of three (3) 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.
B.
Disorderly Conduct Prohibited. A person
shall be guilty of disorderly conduct if, with the purpose of causing
public danger, alarm, disorder, nuisance, or if his conduct is likely
to cause public danger, alarm, disorder or nuisance, 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, injury to his/her 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 and
refuses to clear such public way when ordered to do so by the City
Police or other lawful authority known to be such;
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 own safety or the safety of others;
7.
Resists or obstructs the performance
of duties by City Police or any other authorized official of the City,
when known to be such an official;
8.
Incites, attempts to incite, or is
involved in attempting to incite a riot;
9.
Addresses abusive language to or
threatens any member of the Police Department, any other authorized
official of the City who is engaged in lawful performance of his/her
duties, or any other person when such words have a tendency to cause
acts of violence. Words merely causing displeasure, annoyance or resentment
are not prohibited.
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 and unreasonable noise or disturbance to the annoyance
of any other persons nearby, or near to any public highway, road,
street, lane, alley, park, square, or common, whereby the public peace
is broken or disturbed, or the traveling public annoyed;
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;
13.
Uses abusive or obscene language
or makes an obscene gesture.
[R.O. 1991 § 215.320; Ord. No. 1006 § I, 9-16-2003]
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, loud speaker or any
similar device so that it emits a sound that can be heard fifty (50)
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.
An officer of the Vandalia Police Department 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
Public Safety Officer may tow the motor vehicle, boat, bicycle, ATV
or other means of conveyance at the owner's expense.
D.
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, activities associated with business or commercial
locations in an appropriately zoned district where the activities
are inside the structure.
E.
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 City Administrator or his/her designee
in his or 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.
