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.
[R.O. 1998 §215.400; CC 1988 §15-278; Ord. No. 1421 §1, 8-7-1989; Ord. No. 1962 §1, 7-7-1997; Ord. No. 3031 § 215.720, 12-5-2016]
A.
No person shall engage in any activity
which generates loud noises within the City.
B.
For the purpose of this Section, the following
acts, among others, are deemed to be noises in violation of the provisions
hereof:
1.
The outdoor use of power tools before
7:00 A.M. or after 9:00 P.M.
2.
The operation of lawn care equipment
before 7:00 A.M. or after 9:00 P.M.
3.
The cleaning or sweeping of any parking
lot before 6:00 A.M. or after 9:00 P.M. on any day.
4.
The use, operation, or permitting
to be used or operated of any radio, stereo, phonograph, musical instrument,
compact disc player or other machines or device for producing or reproducing
of sound in such a manner as to be audible at a distance of forty
(40) feet from the building, dwelling unit or vehicle in which it
is contained, provided that nothing herein shall be construed to prohibit
an otherwise lawfully held public concert or public performance.
C.
Any person violating any of the provisions
of this Section shall, upon conviction, be subject to the penalties
provided for violation of City ordinances.
[R.O. 1998 §215.410; CC 1988 §15-279; Ord. No. 1466 §1, 5-7-1990; Ord. No. 3031 §215.725, 12-5-2016]
A.
BUSINESS
COMMERCIAL ESTABLISHMENT
TRANSACTING BUSINESS
For purposes of this Section, the following
terms shall have the following meanings:
A place, where service or items are offered for sale or orders
taken, which has parking facilities for vehicles. It shall be comprised
of the entire premises, including parking lots and areas for ingress
and egress.
Any building and the grounds used therewith or any tract
of land where services are offered to the public for a consideration
or things are sold or are offered for sale or orders are taken for
the sale thereof to the public.
Engaging in a transaction with the proprietor, agents, or
employees of the business, which transaction is normally incidental
to the business for which the public is invited and for which the
premises are licensed.
B.
It shall be unlawful for persons to intentionally
congregate upon the grounds or within the buildings of a commercial
establishment, or upon public ways immediately adjacent thereto so
as to block the aisles, doorways or other passageways into, out of
or through the grounds or buildings of such commercial establishment.
No persons shall congregate in crowds of three (3) or more outside
vehicles on business premises when such persons are not transacting
business on the premises. If any persons shall be congregated so as
to block the aisles, doorways or other passageways into, out of or
through such grounds or buildings and they shall be ordered by the
manager or other person in charge of such commercial establishment
to leave and they shall fail or refuse to do so, it shall be prima
facie proof of their intent to unlawfully congregate under the provisions
of this Section.
C.
No person, except the owner, tenant or
other person in possession, or their invitees, shall be upon any public
or private parking lot, nor upon any parking lot provided for the
customers, business invitees or employees of any commercial or industrial
establishment at any time any such public or private parking lot shall
be closed to use by the public or any such commercial or industrial
lot shall be closed to use by customers, business invitees and employees.
Any such person found upon any such lot or facility at any time that
signs have been previously erected giving notice that the lot is closed
to use shall be presumptively upon the lot in violation of this Section,
which presumption shall be rebuttable.
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.
