As used in this Article, the following terms mean:
- PRIVATE PROPERTY
- Any place which at the time of the offense is not open to the public. It includes property which is owned publicly or privately.
- PROPERTY OF ANOTHER
- Any property in which the person does not have a possessory interest.
- PUBLIC PLACE
- Any place which at the time of the offense is open to the public. It includes property which is owned publicly or privately.
A person commits the offense of peace disturbance if he or she:
Unreasonably and knowingly disturbs or alarms another person or persons by:
Loud noise; or
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
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
Creating a noxious and offensive odor.
For purposes of this Section, if a building or structure is divided into separately occupied units, such units are separate premises.
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.
Definition. The following term shall be defined as follows:
- PUBLIC PLACE
- 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.
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:
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;
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;
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.
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.
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.
A person commits the offense of disrupting a house of worship if such person:
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
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.
Note: Under certain circumstances this offense can be a felony under state law.
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.
Definitions. As used in this Section, the following terms mean:
- OTHER PROTEST ACTIVITIES
- Any action that is disruptive or undertaken to disrupt or disturb a funeral or burial service.
The offense of unlawful funeral protest shall be an ordinance violation.
The Marshal and Police of the City shall at all times have authority, and it is hereby made their duty to disperse any crowd or congregation of people who obstruct the passage of the streets or sidewalks, and any person who shall willfully refuse to move on, or open the way for people to pass, on the streets or sidewalks, when requested so to do by the Marshal or Police of the City, shall be deemed guilty of a violation of this Section.