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.Â
A person commits the offense of peace disturbance if he or she:
1.Â
Unreasonably and knowingly disturbs or alarms another person
or persons by:
a.Â
Loud noise; or
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; or
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; or
d.Â
Fighting; or
e.Â
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.
[CC 1976 §18-7; Ord.
No. 1273 §2, 10-11-1972]
A.Â
LOITERING
PUBLIC PLACE
Definitions. As used in this Section, the following words
shall have the meanings set out herein:
Remaining idle in essentially one (1) location and shall
include the concept of spending time idly; to be dilatory; to linger;
to stay; to saunter; to delay; to stand around and shall also include
the colloquial expression "hanging around".
Any place to which the general public has access and a right
to 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.Â
Acts Prohibited. It shall be unlawful for any person to
loiter, loaf, wander, stand or remain idle either alone or in consort
with others in a public place in such manner as to:
1.Â
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.Â
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.
C.Â
Dispersal. When any person causes or commits any of the conditions enumerated in Subsection (B) herein, 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.Â
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.Â
A person commits the offense of disrupting a house of worship if
such person:
1.Â
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.Â
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.
[Ord. No. 2013-10 §1, 2-11-2013]
A.Â
Every
citizen may freely speak, write and publish the person's sentiments
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
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.Â
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 (300) foot zone that is established under Subsection (A) above.
[Code 1961 §12-51; CC 1976 §18-6]
It shall be unlawful for any person willfully, maliciously or
contemptuously to disquiet or disturb any camp meeting, congregation
or other assembly met for religious worship, or when meeting at the
place of worship, or dispersing therefrom, or any school or other
meeting or assembly of people met together for any lawful purpose
whatever, by making a noise, or by rude or indecent behavior or profane
discourse within the place of assembly thereof, or willfully to menace,
threaten or assault any person present.
[Code 1961 §12-48; CC 1976 §18-3]
It shall be unlawful for two (2) or more persons in any public
place in the City, voluntarily or by agreement, to engage in any fight
or abuse by blows or violence toward the other or others in any angry
or quarrelsome manner or do each other any willful mischief or to
assault or strike another in any public place to the terror or disturbance
of others.
[CC 1976 §17-39; Ord.
No. 2221 §§1 — 2, 10-14-1985; Ord. No. 94-38 §1, 6-28-1994]
A.Â
Generally. It shall be unlawful for any person to make,
continue, or cause to be made or continued any excessive, unnecessary
or unusually loud noise or any noise which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of others, within the limits of the City, provided that nothing in
this Section shall be construed to prohibit any speech except as specifically
set forth below and in other Sections of this Chapter.
B.Â
Noises Prohibited — Unnecessary Noise Standard. The
following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this Section, but said enumeration
shall not be deemed to be exclusive, namely:
1.Â
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle or other vehicle
on any street or public place of the City for an unnecessary and unreasonable
period of time.
2.Â
Radios, phonographs, etc. No person shall play,
use, operate or permit to be played, used or operated any radio receiving
set, musical instrument, phonograph, loud speaker or sound amplifying
device, or other machine or device for the production or the reproduction
of sound with louder volume than is necessary for convenient hearing
of the person so playing, using or operating such instrument or device
and such persons who are voluntary listeners thereto, or in such manner
as to disturb the peace, quiet and comfort of neighboring inhabitants.
The use or operation of any such instrument, radio, phonograph, machine
or device in such manner as to be plainly audible at a distance of
fifty (50) feet from the building, structure, vehicle or place in
which it is used or operated shall be prima facie evidence of a violation
of this Section. Nothing herein contained shall be construed to prohibit
playing by a band or orchestra in a hall, building or in the open
air at a public concert.
3.Â
Animals, birds, etc. The keeping of an animal or
bird which, by causing frequent or long continued noise, shall disturb
the comfort or repose of any persons in the vicinity.
4.Â
Exhausts. The discharge into the open air of the
exhaust of any steam engine, stationary internal combustion engine,
motor boat, or motor vehicle except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
5.Â
Loading, unloading, opening boxes. The creation
of a loud and excessive noise in connection with loading or unloading
any vehicle or the opening and destruction of bales, boxes, crates,
and containers between the hours of 11:00 P.M. and 6:00 A.M.
6.Â
Construction or repairing of buildings. The erection
(including excavation), demolition, alteration or repair of a building
other than between the hours of 7:00 A.M. and 9:00 P.M. daily, except
in case of urgent necessity in the interest of public health and safety,
and then only with a permit from the Building Inspector, which permit
may be granted for a period not to exceed three (3) days or less while
the emergency continues, and which permit may be renewed for periods
of three (3) days or less while the emergency continues. If the Building
Inspector should determine that the public health and safety will
not be impaired by the erection, demolition, alteration or repair
of any building or the excavation of streets and highways within the
hours of 9:00 P.M. and 7:00 A.M., and if he/she shall further determine
that no loss or inconvenience would result to any party in interest,
he/she may grant permission for such work to be done within the hours
of 9:00 P.M. and 7:00 A.M., upon application being made at the time
the permit for the work is awarded or during the process of the work.
7.Â
Pile drivers, hammers, etc. The operation between
the hours of 9:00 P.M. and 7:00 A.M. of any pile driver, steam shovel,
pneumatic hammer, derrick, steam or electric hoist or other appliance,
the use of which is attended by loud or unusual noise.
8.Â
Motors or engines, etc. The operation of any gasoline
powered or electrical lawnmowers, snow blowers or other power tools
which create noise which can be heard twenty-five (25) feet from the
point of operation between the hours of 9:00 P.M. and 7:00 A.M. daily;
provided, however, that the use of snow blowers and other snow removal
equipment shall be allowed at any time it is necessary to clear an
accumulation of snow.
