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, including inside a building, 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 knowingly and actually:
1.
Obstruct any public street, public highway, public sidewalk
or any other public place or building by hindering or impeding 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 three-hundred-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.
[Ord. No. 704, 8-15-2017]
A.
For
purposes of this Section, the term "fireworks" shall have the following
meaning: Explosive devices designed primarily to produce visible or
audible effects by combustion, deflagration or detonation, and includes
aerial devices and ground devices, all of which are classified as
fireworks.
B.
It
shall be unlawful for any person to knowingly fire, explode, discharge
or otherwise set off any article of fireworks within the City.
C.
The
sale of fireworks within the City is prohibited.
A.
It
shall be unlawful for any person to make any excessive, unnecessary
or unusually loud noise or any noise which either damages, disturbs,
injures or endangers the comfort, health, peace or safety of others
within the City of Greendale. The following acts, among others, are
declared to be loud, disturbing and unnecessary noises in violation
of this Section, but said enumeration shall not be deemed to be exclusive.
The performance of any of these acts between the hours of 9:00 P.M.
and 8:00 A.M. on Saturday and Sunday and between the hours of 9:00
P.M. and 8:00 A.M. Monday through Friday in such manner as to be plainly
audible at a distance of fifty (50) feet from the site at which it
is located shall be prima facie evidence of a violation of this Section.
1.
The using, operating or permitting to be played, used or operated
any radio receiving set, musical instrument, phonograph, or other
machine or device which violates the peace, quiet and comfort of the
neighboring inhabitants at any time with louder volume than is necessary
for convenient hearing for the person or persons who are in the room,
vehicle, chamber or site at which such machine or device is operated
and who are voluntary listeners thereto.
2.
The use of a power-driven lawn mower or other similar power-driven
machinery.
3.
The creation of a loud or excessive noise in connection with the
repair of any power-driven machinery or vehicle.
4.
The creation of a loud or excessive noise in connection with the
loading or unloading of any vehicle.
5.
The sounding of any horn, alarm, whistle or signal device from any
vehicle while not in motion or, if in motion, the excessive or prolonged
sounding except only as a danger signal; the sounding of such device
for an unnecessary or unreasonable period of time.
6.
The using, operating or permitting to be played, used or operated
of any radio receiving set, musical instrument, phonograph, loud speaker,
sound amplifier, or other machine or device for the providing or reproducing
of sound for the purpose of commercial advertising or attracting the
attention of the public to any building or structure.
7.
Yelling, shouting, whistling or singing at any time or place so as
to annoy or disturb the quiet or comfort of persons in any office,
dwelling, hotel, or residence of any other person in the vicinity.
8.
The erection (including excavation), demolition, alteration or repair
of any building, other than between the hours of 7:00 A.M. and 9:00
P.M. on weekdays, 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, Mayor or Acting Mayor. If the Building Commissioner,
Mayor or Acting Mayor should determine that the public health and
safety will not be impaired by the erection, demolition, alteration
or repair of any building or the excavation of streets and highways
within the hours of 9:00 P.M. and 7:00 A.M., and if he/she shall further
determine that loss or inconvenience would result to any party in
interest, he/she may grant permission for such work to be done within
the hours of 9:00 P.M. and 7:00 A.M., upon application being made
at the time the permit for the work is awarded or during the progress
of the work.
9.
The use of any automobile, motorcycle or vehicle so out of repair
as to create loud and unnecessary grating, scraping, grinding, rattling
or other noise, or to cause the tires thereof to squeal.
