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.
[Ord. No. 22-23, 10-5-2022]
A.
For purposes of this Section, a "Public Place" is any place, including
inside a building, to which the public has access 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 encompass the front
or immediate area of any store, shop, restaurant, tavern or other
place of business and 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 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 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 knowingly 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. 2016 § 210.750; Ord. No.
16-05, 12-7-2016]
A.
No person shall commit or engage in any act of disorderly conduct.
B.
For the purposes of this Section, acts of "disorderly conduct" shall
mean:
1.
Acting in a violent or tumultuous manner toward another person
whereby he/she is placed in fear of safety of his/her life, limb or
health;
2.
Acting in a violent or tumultuous manner toward another person
whereby his/her property is placed in danger of being destroyed;
3.
Endangering the lawful pursuits of another by acts of violence,
angry threats 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;
5.
Assembling or congregating with another or others for the purpose
of causing, provoking or engaging in any fight or brawl;
6.
Jostling or roughly crowding or pushing any person in any public
place;
7.
Collecting in groups or in crowds for unlawful purposes as defined
by ordinances of the City;
8.
Assembling or congregating with another or others for the purpose
or with the intent to engage in gaming;
9.
Frequenting any public place with the intent to obtain money
from other persons by illegal or fraudulent schemes, tricks, artifices
or devices;
10.
Assembling for the purpose of engaging in any fraudulent scheme
or device or trade to obtain any valuable thing from any place or
any person;
11.
Accosting or attempting to pick up or attempting to force the
company of a person upon any other person;
12.
Uttering in the presence of another any bawdy, lewd or obscene
word or epithet;
13.
Frequenting any place where gaming or illegal sale or possession
of alcoholic beverages or narcotics or dangerous drugs is practiced,
allowed or tolerated;
14.
Acting in a dangerous manner toward others;
15.
Using fighting words toward any person;
16.
Assembling or congregating for the purpose of trouncing upon
another;
17.
Interfering with the free and unobstructed use of a public way
or public place by another person or other persons.
C.
For the purposes of interpreting and enforcing the provisions of
this Section, 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
| |
|---|---|
|
8:00 A.M. — 8:00 P.M.
|
8:00 P.M. — 8:00 A.M.
|
|
55 dBA
|
50 dBA
|
D.
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.
[R.O. 2016 § 210.760; Ord. No.
16-05, 12-7-2016]
A.
It shall be unlawful for any person to create, cause or maintain
any loud offensive noise unnecessarily within the limits of the City.
B.
The creation of noise by the following methods shall be deemed loud,
offensive and unnecessary:
1.
The operation of any motor vehicle without a standard muffler;
2.
The causing of a screeching noise with the tires of the motor
vehicle in the act of placing a motor vehicle in motion;
3.
The firing of explosives of any kind without a special permit
from the Board of Aldermen;
4.
The repetitious creation of any noise of an intensity generally
disagreeable and offensive.
