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 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:
1.
Obstruct any public street, public highway, public sidewalk
or any other public place or building by hindering or impeding or
tending to hinder or impede 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.
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.
A.
No
person shall refuse to obey the reasonable and lawful order of a Police
Officer or any firefighter or other public servant while in the performance
of their official duties, and no person shall in any manner interfere
with or obstruct such performance.
B.
Every
person who shall have been personally and lawfully served with a subpoena
commanding the attendance of such person before, or the production
of any books, papers or documents to, the City Council or other official
or entity:
1.
Shall fail or refuse without reasonable or legal cause to comply
with the requirements of said subpoena by attending at the time and
place therein specified or by producing the books, papers and documents
therein specified; or
2.
Shall fail or refuse, without reasonable or legal cause, to testify
fully as to his or her knowledge concerning the matter and things
then being lawfully investigated.
A.
Any
person who shall do or engage in any of the following shall be guilty
of the offense of disorderly conduct:
1.
Any person who shall act in a violent or tumultuous manner toward
another whereby any person is placed in danger of safety of his/her
life, limb or health.
2.
Any person who shall act 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.
Any person who shall endanger lawful pursuits of another by acts
of violence or threats of bodily harm.
4.
Any person who shall cause, provoke or engage in any fight, brawl
or riotous conduct so as to endanger the life, limb, health or property
of another or public property.
5.
Any person who shall assemble or congregate with another or others
and cause, provoke or engage in any fight or brawl.
6.
Any person who shall assemble in bodies or in crowds and engage in
unlawful activities.
7.
Any person who shall assemble or congregate with another or others
and engage or attempt to engage in gaming.
8.
Any person who shall frequent any public place and obtain money from
another by an illegal and fraudulent scheme, trick, artifice or device,
or attempt to do so.
9.
Any person who assembles with another or others and engages in any
fraudulent scheme, device or trick to obtain any valuable thing in
any place or from any person, or attempts to do so.
10.
Any person who utters, in a public place or any place open to the
public, any obscene words or epithets.
11.
Any person who frequents any place where gaming or the illegal sale
or possession of alcoholic beverages or narcotics or dangerous drugs
is practiced, allowed or tolerated.
12.
Any person who shall use fight provoking words directed towards any
person who becomes outraged and thus creates turmoil.
13.
Any person who shall assemble or congregate with another or others
and do bodily harm to another.
14.
Any person who shall, by acts of violence, interfere with another's
pursuit of a lawful occupation.
15.
Any person who shall congregate with another or others in or on any
public way so as to halt the flow of vehicular or pedestrian traffic
and refuses to clear such public way when ordered to do so by a Peace
Officer or other person having authority.
16.
Any person who damages, befouls or disturbs public property or the
property of another so as to create a hazardous, unhealthy or physically
offensive condition.
It shall be unlawful and shall constitute disorderly conduct
for any person to create a disturbance or use loud or profane or obscene
language or to loiter in any public, parochial or private school building
or on the premises of any such school, or to refuse promptly to leave
such school building and premises upon the request of the principal,
superintendent or any officer or employee of the school.
A.
Other than pursuant to a permit issued as provided in Subsection (B) of this Section, 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; provided, further, that any such noise that can be distinctly heard at a distance of more than one hundred (100) feet from its source shall be deemed unreasonably loud, disturbing and unnecessary.
B.
Outdoor Events — Permits. Any person intending to
conduct an outdoor event involving the use of any radio, phonograph,
loudspeaker, sound amplifier, musical instrument or other device which
may be likely to be heard more than one hundred (100) feet from its
source may apply to the Building Commissioner for a permit for such
purpose. The application shall include information as to the nature
of the devices to be employed, the hours during which they are to
be used and what steps the applicant will take to minimize any adverse
effects on nearby residents. The application shall be filed at least
seven (7) days prior to the event for which the permit is sought.
The Building Commissioner may consult with the Chief of the Police
Department and other City personnel regarding the application. If
the Building Commissioner believes the event can be conducted without
unreasonable and prolonged adverse impact and that the proposed activity
is of a character not inconsistent with the existing primary and customary
associated uses of the property for which the permit is sought, the
permit shall be issued and notification of the issuance thereof shall
be forwarded to the Police Department. The permit may be conditioned
on such reasonable conditions as may serve to ameliorate deleterious
effects in the area, including limitations on the hours during which
such devices may be utilized.
