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.
[R.O. 2008 §215.400(B); Ord. No. 6519, 3-10-1997; Ord. No.
6612 §1, 6-12-2000]
A.
A person
commits the offense of disorderly conduct if:
1.
The use of profane, vulgar, or indecent language in or about any
public building, store or place of business or upon any public property
so as to be audible and offensive.
2.
Lurking, lounging, loitering or being concealed in, upon or near
the public streets, highways roads, alleys, parks, playgrounds, sidewalks
or other public places, public grounds, and public buildings, places
of amusement, entertainment or refreshment, vacant lots, parking lots,
or other unsupervised places, or any property, whether public or private,
not his/her own when:
a.
Such conduct results in the making of any noise, riot, disturbance
or improper diversion to the annoyance or disturbance of another;
b.
Such conduct tends reasonably to or is likely to arouse alarm, anger,
fear or resentment in another;
c.
Such conduct is with intent to do any mischief or to commit any crime
or unlawful act; or
d.
When one is part of a group or crowd in, upon, or near any street,
sidewalk or public place in said City so as to obstruct public travel
or movement thereof.
[R.O. 2008 §215.270; Code 1968 §19-26; CC 1988
§21-176]
A.
NOISY OR DIVERSIONARY ACTIVITY
PUBLIC BUILDING
1.
2.
3.
4.
5.
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
Such noise or diversionary activity which actually disrupts
the normal activity within a public building, or such noise or diversionary
activity which is imminently about to disrupt and will unreasonably
interfere or be incompatible with the normal activity within a public
building.
Any of the following:
A school or any institution of learning.
A church or any similar building normally serving as a place
of assembly for members of a common belief, creed or doctrine.
A hospital or any other building for the treatment of the sick.
A courthouse while the same is in use.
Any government administration building while the same is in
use.
B.
Prohibited. It shall be unlawful for any person to willfully
and knowingly engage in noisy or diversionary activity within or adjacent
to any public building. A person shall be guilty of engaging in noisy
or diversionary activity within or adjacent to a public building whenever
any Police Officer or other Law Enforcement Officer shall order such
person to cease such activity and disperse and such person fails or
refuses to obey such order.
[R.O. 2008 §215.280; Code 1968 §§19-26, 19-31;
CC 1988 §21-177; Ord. No. 20-2016 §1, 6-20-2016]
A.
Prohibited — Exceptions. It shall be unlawful for any person
to make, continue or cause to be made or continued any noise which
would unreasonably either disturb, injure or endanger the comfort,
repose, health, peace or safety of persons of normal and ordinary
sensibilities, or which would unreasonably interfere with the comfort
and enjoyment of private property, within the limits of the City.
The provisions of this Section shall not be applicable or enforced
in relation to:
[Ord. No. 22-2021, 9-27-2021]
1.
Any vehicle owned by the City while engaged in necessary public
business.
2.
Excavations or repair of streets by or on behalf of the City,
County or State at night when public welfare and convenience render
it impossible or impractical to perform such work during the day.
3.
The reasonable use of amplifiers or loudspeakers in the course
of assemblies and public addresses.
4.
Parades or other similar processions or demonstrations conducted
by the forces of the United States Army or Navy, the military forces
of this State, or the forces of the Police and Fire Departments of
this City.
6.
Emergency vehicles.
a.
Any vehicle operated as an ambulance, or a vehicle operated
by the State Highway Patrol, Police or Fire Department, Sheriff, Constable
or Deputy Sheriff, Traffic Officer or Coroner;
b.
Any vehicle or equipment operated by any member of any organized
fire or ambulance association, whether paid or volunteer;
c.
Any wrecker or tow truck or a vehicle owned and operated by
a public utility or public service corporation;
d.
The provisions of this Section shall be inapplicable in relation to a vehicle referred to in Subsection (A)(6)(a), (b), and (c) of this Section only when such vehicle is responding to an emergency call or when in pursuit of an actual or suspected law violator, or when responding to, but not upon returning from, a fire.
7.
Noise produced by a City event or one which is being operated
in accordance with the terms of a City permit.
B.
Enumeration Of Acts. The following acts, among others, are declared
to be disturbing and unreasonable noises in violation of this Section,
but such enumeration shall not be deemed to be exclusive:
[Ord. No. 22-2021, 9-27-2021]
1.
Horns, signaling devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle or other vehicle on any street
or in any public place in the City except as a danger warning; the
creation of any unreasonably loud or harsh sound by means of any such
signaling device and the sounding of any such device for an unreasonable
period of time; the use of any signaling device, except a Police whistle
or one operated by hand or electricity; the use of any horn, whistle
or other device when traffic is held up for any reason.
2.
Radios, televisions, phonographs, etc. Using, operating, playing
or permitting to be used, operated, or played any radio receiving
set, musical instrument, phonograph or other machine or device for
the producing or reproducing of sound between the hours of 10:00 P.M.
and 7:00 A.M. in such a manner as to be plainly audible at a distance
of three hundred (300) feet from the building, structure, vehicle
or area in which it is located.
3.
Loudspeakers, amplifiers, etc. Using, operating, playing or
permitting to be used, operated or played any radio receiving set,
musical instrument, phonograph, loudspeaker, sound amplifier or other
machine or device for the producing or reproducing of sound which
is broadcast upon the public streets.
4.
Yelling, shouting, loud conversation, etc. Yelling, shouting,
whistling, singing, crying out or unreasonably and excessively loud
conversation between the hours of 10:00 P.M. and 7:00 A.M. in such
a manner as to render such noise plainly audible at a distance of
three hundred (300) feet from the building, structure, vehicle or
area in which the individuals participating in such conduct are located.
5.
Steam whistle or horn. The blowing of any train whistle, steam
whistle or horn attached to any stationary boiler, locomotive or similar
device, except to give notice of the time to begin or stop work or
as a warning of fire or danger or upon the request of proper City
authorities.
6.
Exhausts. The discharge into the open air of the exhaust of
any steam engine, stationary internal combustion engine, motorboat
or motor vehicle except through a muffler or similar device which
will effectively deaden, suppress and muffle loud or explosive noises
therefrom.
7.
Defect in vehicle or load. The use of any automobile, motorcycle
or vehicle so out of repair, so loaded or in such a manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
8.
Loading, unloading, opening boxes. The creation of any unreasonably
loud and excessive noise in connection with loading or unloading any
vehicle or the opening and destruction of bales, boxes, crates and
containers.
9.
Construction or repairing of buildings. The erection (including
excavation), demolition, alteration or repair of the exterior portion
of any building or structure other than between the hours of 7:00
A.M. and 6:00 P.M or with a permit from the City.
10.
Schools, courts, churches, hospitals, etc. The creation of any
excessive noise on any street adjacent to any school, institution
of learning, church or court while the same are in use, or adjacent
to any hospital, which unreasonably interferes with the workings of
such institution, or which disturbs or unduly annoys patients in the
hospital; provided, that conspicuous signs shall be displayed in such
streets indicating that the same is a school, hospital or court street.
11.
Noises to attract attention. The use of any drum or other instrument
or device for the purpose of attracting attention between the hours
of 10:00 P.M. and 7:00 A.M. in such a manner as to render such noise
plainly audible at a distance of three hundred (300) feet from the
building, structure, vehicle, or area in which the person(s) participating
in such activity are located.
12.
Transportation of metal rails, etc. The transportation of rails,
pillars or columns of iron, steel or other material over and along
streets and other public places upon carts, drays, cars, trucks or
in any other manner so loaded as to cause loud noises or as to disturb
the peace and quiet of such street or other public places.
13.
Pile drivers, hammers, etc. The operation from 10:00 P.M. to
7:00 A.M. of any pile driver, steam shovel, pneumatic hammer, derrick,
steam or electric noise or other appliance, the use of which is attended
by loud or unusual noise.
14.
Blowers. The operation of any noise-creating blower or power
fan or any internal combustion engine, the operation of which causes
noise due to the explosion of operating gases or fluids, unless the
noise from such blower or fan is muffled and such engine is equipped
with a muffler or similar device which will effectively deaden, suppress
and muffle loud or explosive noises therefrom.
15.
Motor vehicle repair. The doing of any activity in the course
of repairing or altering a motor vehicle or repairing or altering
a motor vehicle or equipment thereof, between the hours of 10:00 P.M.
and 7:00 A.M. in such a manner as to render noise therefrom plainly
audible at a distance of three hundred (300) feet from the building,
structure or area in which the individual or individuals participating
in such activity are located.
16.
Sound trucks. The use of mechanical loudspeakers or amplifiers
on any moving or standing vehicles between the hours of 8:00 P.M.
and 7:00 A.M. in such a manner as to render the noise therefrom plainly
audible at a distance of three hundred (300) feet from the point at
which such vehicle is operating or standing.
C.
Declared Nuisance. As an additional remedy, the operation or maintenance
of any device, instrument, vehicle or machinery in violation of any
provision of this Section, and which causes distress, discomfort or
injury to reasonable persons of normal and ordinary sensibilities
or which endangers the comfort, repose, health or peace of residents
in the area, shall be deemed and is declared to be a public nuisance
and may be subject to abatement by a restraining order or injunction
issued by a court of competent jurisdiction.
