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 knowingly and actually:
[Ord. No. 4266, 9-22-2022]
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. 2009 § 205.210]
A.
Any building, excavation, demolition, grading,
alteration, 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 said construction
or work site other than between the hours of 7:00 A.M. and sunset
on weekdays, and between 8:00 A.M. and sunset on Saturdays and Sundays
is prohibited, except in the following circumstances:
1.
In the case of an emergency affecting
public health and safety; or
2.
The Board of Aldermen may temporarily
extend the hours of construction for a specific project involving
not less than fifty (50) acres after making a determination that the
public interest will be served by the increased number of hours during
which construction might take place and that the impact upon residential
units will be slight when compared to the public benefit of completing
the construction expeditiously.
[R.O. 2009 § 205.220; R.O. 2006
§ 215.040]
A person commits the offense of drunkenness
or drinking in a prohibited place if he or she enters any schoolhouse
or church house in which there is an assemblage of people, met for
a lawful purpose, or any courthouse, in an intoxicated and disorderly
condition, or drinks or offers to drink any intoxicating liquors in
the presence of such assembly of people, or in any courthouse.[1]
[1]
Editor's Note — Ord. no. 3060 § 1,
adopted August 27, 2009, repealed section 205.223 "funeral protests
prohibited, when — funeral defined" in its entirety.
[R.O. 2009 § 205.230]
No person shall disturb the peace
of another by loud noise, speaking, shouting, singing, playing any
radio, "boom box," tape cassette, disc player, television, audio system,
or musical instrument which is plainly audible more than fifty (50)
feet from the source.
[Ord. No. 4208, 3-24-2022]
A.
A person
commits the offense of disorderly conduct if he/she:
1.
Appears in public places in an intoxicated condition;
2.
Threatens any person with threats or abusive or foul language or
acting in a threatening manner towards any person as if to strike
or injure him/her in any manner or with any instrumentality whatsoever;
3.
Lays hands upon, strikes, pushes, or shoves another person;
4.
Hinders or obstructs any vehicle upon the public streets in the City;
5.
Lounges or sleeps in or on the private property of other persons
without permission;
6.
Peeps or spies into houses or dwelling places occupied by any person
or persons, through doors, windows or otherwise, whether the occupants
are within the premises or not; or
7.
Makes any indecent proposal to any person, or any lewd or lascivious
condition or indecent exposure of a person.
