A.Â
A person
commits the offense of peace disturbance if:
1.Â
He/she unreasonably and knowingly disturbs or alarms another person
or persons by:
a.Â
Loud noise;
b.Â
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;
c.Â
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;
d.Â
Fighting; or
e.Â
Creating a noxious and offensive odor.
For the purposes of Sections 210.210 and 210.215, the following words shall have the meanings set out herein:
Any place which at the time is not open to the public. It
includes property which is owned publicly or privately.
Any property in which the actor does not have a possessory
interest.
Any place which at the time is open to the public. It includes
property which is owned publicly or privately.
If a building or structure is divided into separately occupied
units, such units are separate premises.
[CC 1997 §19-22.1; Ord. No. 374 §1, 7-14-1986]
A.Â
It
shall be unlawful for any person to make, continue or cause to be
made or continued any loud, unnecessary or unusual noise or any noise
which unreasonably or unnecessarily annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others in the City.
The provisions of this Section shall not apply to or be enforced against:
1.Â
Any vehicle of the City while engaged in necessary public business.
2.Â
Excavations or repairs of streets by or on behalf of the City, County
or State at night, when public welfare and convenience renders it
impossible to perform such work during the day.
3.Â
The reasonable use of amplifiers or loudspeakers in the course of
public addresses which are non-commercial in character.
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.
[CC 1997 §19-33; Ord.
No. 279 §25-25, 3-9-1970]
No person in this City shall disquiet or disturb any congregation
or assembly met for religious worship by making a noise, talking or
whispering or by rude or indecent behavior or by profane language
within the place of worship or so near thereto as to disturb the order
or solemnity of the meeting.
[Ord. No. 821 §1, 3-11-2013]
A.Â
Every citizen may freely speak, write and publish the person's sentiment
on all subjects, being responsible for the abuse of the right, but
no person shall picket or engage in other protest activities, nor
shall any association or corporation cause picketing or other protest
activities to occur 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.Â
FUNERAL and BURIAL SERVICE
OTHER PROTEST ACTIVITIES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The ceremonies and memorial services held in conjunction with the burial or cremation of the dead, but this Section does not apply to processions as 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.
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.
[CC 1997 §19-21; Ord.
No. 279 §25-13, 3-9-1970]
No person shall loiter in or upon the streets, playgrounds,
vacant lots, public grounds, public buildings, public places, places
of amusement or entertainment or any other place where the public
is invited or permitted after being advised by any Police Officer
to disperse or vacate such place.
[Ord. No. 862, 4-9-2018]
A.Â
It shall be unlawful for any person to:
1.Â
Wander, prowl, loiter or invade the privacy of another person
upon the residential property of any other person or other place located
in the City under circumstances in which a reasonable person would
have an expectation of privacy, including, but not limited to, the
inside of a structure and a yard protected by a sight-proof enclosure
such as a fence or wall; or
2.Â
To knowingly or intentionally peek or peer into any part of
any inhabited building or property, whether in person or by means
of any device, including, but not limited to, cameras, video cameras,
telephoto lenses, surveillance mechanisms, drones, unmanned aircraft,
microphones or other listening devices and infra-red devices, within
that person's control that aids in such peeking or peering into
space where the other person has a reasonable expectation of privacy
(including, but not limited to, the inside of a structure and a yard
protected by a sight-proof enclosure such as a fence or wall), and
without any lawful business with the owners or occupants of the inhabited
building or property.
3.Â
No person shall use an unmanned aircraft to record or transmit
any visual image or audio recording of any person or private real
property located in the City under circumstances in which the subject
person or owner of the subject real property has a reasonable expectation
of privacy (including, but not limited to, the inside of a structure
and a yard protected by a sight-proof enclosure such as a fence or
wall).
B.Â
This Section shall not prohibit the use of any model aircraft, which
is flown in compliance with Section 336 of the FAA Modernization and
Reform Act of 2012 and which does not transmit or record visual images
or audio recordings of any person or real property located in the
City.
C.Â
This Section shall not prohibit the use of any unmanned aircraft
by law enforcement or public safety agencies:
1.Â
If a warrant is issued authorizing the use of an unmanned aircraft;
or
2.Â
For the purpose of providing emergency management, fire, or
police protection services in response to a life threatening emergency,
or for surveying the condition of persons or property during a duly
declared state of emergency; or
3.Â
Under other lawful law enforcement activities and circumstances
where a warrant would not otherwise be required by law.