[Ord. No. 28-23, 11-8-2023]
A.
A person commits the offense of peace disturbance if:
1.
He/she unreasonably and knowingly disturbs or alarms another
person or persons by:
a.
A loud noise or loud language; or
b.
Offensive language addressed in a face-to-face manner to a specific
individual and uttered under circumstances that are likely to produce
an immediate violent response from a reasonable recipient; or
c.
Threatening to commit an assault against any person under circumstances
that 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.
B.
Prohibited
Acts.
1.
It shall be unlawful for any person to disturb the peace, interrupt,
or otherwise disrupt the orderly progress of any meeting of the Board,
or any other board, department, agency, committee, or commission of
the Village, nor shall any person who has been declared out of order
by the presiding officer at such meeting resist any request for his/her
removal from such meeting.
2.
Except as otherwise permitted by special event permit, or other action
of the Board, or as otherwise provided in this Code, it shall be unlawful
for any person to play, use, or otherwise allow the playing or use
of any sound-producing device or allow any other noise source from
private property in which the sound emission can be heard beyond the
property lines between the hours of 11:00 P.M. and 7:00 A.M. or at
any other time in which the sound is of a volume, intensity or duration
as to be detrimental to the reasonable comfort of another.
3.
Any building, excavation, demolition, alteration, landscaping, or
any other construction that creates noise of any type, including,
but not limited to, the actual work, related vehicular traffic, etc.,
that can be heard beyond and/or off the construction or work site
other than between the hours of 7:00 A.M. and 6:00 P.M. is unlawful.
Exception: If the Village Planning and Zoning Administrator or other
authorized Village department deems it necessary, due to public health
or safety, permission may be granted on a temporary, monitored basis.
4.
Any ambulance, law enforcement, fire, or other emergency personnel
or other persons authorized by the Village, State or Federal government
during the performance of their official duty shall be exempted from
the provisions of this Section.
5.
It shall be unlawful to operate or use a Jacobs engine brake or other
exhaust or engine device without a muffler or with a malfunctioning
muffler, as braking power to slow down a vehicle's rate of speed in
the Village, except in emergencies. For the purpose of this Section,
a Jacobs engine brake is a hydraulic-electric engine attachment that
converts a diesel engine into an air compressor by changing engine
exhaust valve operation. Notice of this Subsection shall be posted
at prominent locations in the Village, by an appropriate sign notifying
motorists of the passage of this Subsection.
C.
Enforcement.
Enforcement of this Section shall be regulated by the Village of Indian
Point Police Department.
D.
When
Effective. This Section shall be in full force and effect from after
its passage.
E.
Penalty.
The offense of peace disturbance is a Class B misdemeanor upon the
first conviction. Upon a second or subsequent conviction, peace disturbance
is a Class A misdemeanor. Upon a third or subsequent conviction, a
person may be sentenced to pay a fine of no less than one thousand
dollars ($1,000.00) and no more than five thousand dollars ($5,000.00).
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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
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.
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.
As used in this Section, "other protest activities" means any action
that is disruptive or undertaken to disrupt or disturb a funeral or
burial service.
C.
As used in this Section, "funeral" and "burial service" 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.
D.
The offense of unlawful funeral protest shall be an ordinance violation.
[Ord. No. 29-23, 11-8-2023]
A.
EXPLOSIVES
FIREWORKS
Definitions.
As used in this Section, the following terms shall have the meanings
indicated:
Any substance or article, including a device, which is designed
to function by explosion (i.e., an extremely rapid release of gas
and heat) or which, by chemical reaction within itself, is able to
function in a similar manner even if not designed to function by explosion
as defined in 49 CFR 173.50 of the USDT.
Any composition or device for producing a visible, audible,
or both visible and audible effect by combustion, deflagration, or
detonation and that meets the definition of consumer, proximate, or
display fireworks as set forth by 49 CFR Part 17 |to end (see 49 CFR
171.1 et seq.), United States Department of Transportation hazardous
materials regulations.
B.
Public
Discharge Of Fireworks; When Permitted. Unless a burn ban is in effect
by the Southern Stone County Fire Protection District, the discharge
of fireworks by the general public is permitted inside the Village
limits only for following dates:
C.
Businesses,
associations, and other non-governmental organizations may impose
their own rules around the discharge of fireworks which may further
regulate the use of fireworks.
D.
Penalty
Note. Any person violating this Section may be charged with peace
disturbance as enforced by the Village of Indian Point Police.
E.
This
Section shall be in full force and effect from after its passage.
