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.
It
shall be unlawful for any person to permit or cause to be created
any loud and unnecessary noise in the operation of his/her vehicle
by the squealing of tires or acceleration of the engine thereof.
B.
It
shall be unlawful for any person to cause, suffer or maintain any
unreasonably loud, disturbing or unnecessary noise by or through the
playing of any radio, phonograph, loudspeaker, sound amplifier, musical
instrument or other device in such manner or with such volume as to
unreasonably annoy or disturb the peace, quiet, comfort or repose
of persons located outside the structure, vehicle or premises where
the noise is generated. Any such noise that can be distinctly heard
at a distance of more than one hundred (100) feet from its source
shall be presumed unreasonably loud, disturbing and unnecessary.
C.
It
shall be unlawful for any person to cause, suffer or maintain any
unreasonably loud, disturbing or unnecessary noise by or through the
gathering of people in such manner or with such volume as to unreasonably
annoy or disturb the peace, quiet, comfort or repose of persons located
outside the structure or premises where the noise is generated between
the hours of 11:00 P.M. and 8:00 A.M. Any such noise that can be distinctly
heard at a distance of more than one hundred (100) feet from its source
shall be presumed unreasonably loud, disturbing and unnecessary.
D.
It
shall be unlawful for any person to create a disturbance by the operation
of power saws, tools or machinery or implements of any kind in such
manner as to make a noise audible off the premises upon which the
same are operating, between the hours of 10:00 P.M. in the evening
and 7:00 A.M. the following morning.
E.
It
shall be unlawful for any person to disturb the peace of others by
construction, including grading and excavation, erection, demolition,
repair, or alteration of any building, structure or facility, in any
commercial or non-residentially zoned district of the City other than
between the hours of 7:00 A.M. and 6:00 P.M., on Monday through Saturday,
except in the case of urgent necessity in the interest of public health
and safety, and then only with a permit from the Building Commissioner,
which permit may be for a period not to exceed three (3) days or less
while the emergency continues, and which permit may be renewed for
periods of three (3) days or less while the emergency continues.
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.
OTHER PROTEST ACTIVITIES
FUNERAL and BURIAL SERVICE
Definitions. As used in this Section, the following
terms mean:
Any action that is disruptive or undertaken to disrupt or
disturb a funeral or burial service.
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 three-hundred-foot zone that is established under Subsection (A) above.
C.
The offense of unlawful funeral protest shall be an ordinance violation.
[Ord. No. 851, 8-21-2023]
A.
FIGHTING WORDS
OBSCENE
PUBLIC PLACE
Definitions. For the purpose of this Section, the following words
shall have the meanings respective ascribed to them:
Words or phrases meant to incite violence or an immediate
breach of the peace.
Having or encouraging an excessive interest in sexual matter,
that may portray sexual conduct in a patently offensive way, and that
lacks serious literary, artistic, political, or scientific value.
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.
B.
A person shall not commit or engage in any act of disorderly conduct.
For the purpose of this Section, an act of disorderly conduct shall
mean:
1.
Acting in a violent or tumultuous manner toward another whereby
any person is placed in danger or injury to his/her life, limb, or
health.
2.
Acting in a violent or tumultuous manner toward another, whereby
public property or property of any other person is placed in danger
of being destroyed or damaged.
3.
Endangering lawful pursuits of another by acts of violence,
threats of bodily harm, or abusive conduct.
4.
Causing, provoking, or engaging in any fight, brawl, or riotous
conduct so as to endanger the life, limb, health, or property of another
or public property.
5.
Assembling in bodies or in crowds and engage in unlawful activities.
6.
Being in public while under the influence of an intoxicating
liquor or drug in such a condition as to be unable to exercise care
for his/her own safety or the safety of others.
7.
Assembling or congregating with another or others for the purpose
of causing, provoking, or engaging in any fight or brawl.
8.
Frequenting any public place with the intent to obtain money
from another by illegal or fraudulent schemes, tricks, artifices,
or devises, or attempting to do so.
9.
Any person, while in a public place, who utters in a loud, abusive,
or threatening manner, any obscene words, epithets, or similar abusive
language. Words merely causing displeasure or annoyance are not prohibited.
10.
Using fighting words directed to another person.
11.
Assembling or congregating with another or others for the purpose
of causing bodily harm to another.
12.
Making or causing to be made any loud, boisterous, and unreasonable
noise or disturbance to the annoyance of any other persons nearby
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.
13.
Failing 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.
14.
Obstructing singularly or congregating with another or others
on any public way so as to halt the flow of vehicular or pedestrian
traffic and refusing to clear such public way when ordered to do so
by a Law Enforcement Officer or other person having authority.
15.
Damaging, befouling, or disturbing public property or the property
of another for the purpose of creating a hazardous, unhealthy, or
physically offensive condition.
16.
Causing inconvenience to another person or persons in a public
place or on private property of another without consent by unreasonably
and physically obstructing vehicular or pedestrian traffic or the
free ingress or egress to or from the public or private place, either
purposefully or while in an intoxicated or drugged condition.
C.
Exemptions. Subsection (B) shall not be construed to suppress the right to lawful assembly, picketing, public speech, or other lawful means of expressing public opinion not in contravention of other laws.
D.
Every non-residential use shall be so operated that the pressure
level of sound or noise generated, measured in decibels, shall not
exceed, at any point on a residential property lot line, the maximum
decibel levels for the hours as set forth in the following table:
|
Maximum Permitted Sound Pressure Level in Decibels
| |
|---|---|
|
Time
|
Level
(dBA)
|
|
8:00 A.M. to 8:00 P.M.
|
55
|
|
8:00 P.M. to 8:00 A.M.
|
50
|
E.
All noise measurements shall be made on the property line of the
impacted site. When instrumentation cannot be placed at the property
line, the measurement shall be made as close thereto as is reasonable.
However, noise measurements shall not be made at a distance less than
twenty-five (25) feet from a noise source.
[Ord. No. 851, 8-21-2023]
A person commits the offense of drunkenness or drinking in a
prohibited place if he or she enters any schoolhouse or church house
in which there is an assemblage of people, met for a lawful purpose,
or any courthouse, in an intoxicated and disorderly condition, or
drinks or offers to drink any intoxicating liquors in the presence
of such assembly of people, or in any courthouse.
