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.
The
creation of any unreasonably loud, disturbing, raucous or unnecessary
noise in the City is hereby prohibited.
B.
The
following acts, among others, are declared to be loud, disturbing,
raucous and unnecessary noises in violation of the preceding Subsection,
but this enumeration shall not be deemed to be exclusive:
1.
Horns, signals, etc. The sounding of any horn or
signal device on a streetcar, motorbus, motorcycle, automobile or
other vehicle while not in motion on a public street or highway, except
as a danger signal if another is approaching apparently out of control;
or if in motion, the excessive or prolonged sounding except only as
a danger signal, after or as brakes are being applied and deceleration
of the vehicle is intended; the creation by means of any such signal
device of any unreasonably loud or harsh sound and the sounding of
such device for an unnecessary or unreasonable period of time.
2.
Radio, phonograph, etc., and animals and fowl. The
playing of any radio, music player such as a boom box, tape cassette,
disc player, television, audio system or musical instrument or the
keeping of any animal, bird or fowl which causes frequent or long-continued
noise in a manner or at a volume which is plainly audible to persons
one hundred (100) feet or more away from the source of the noise.
Nothing herein shall be construed to prohibit an otherwise lawful
public concert or public performance.
3.
Schools, hospitals, etc. The creation of any excessive
or unnecessary noise within one hundred (100) feet of any portion
of the grounds and premises on which is located a hospital or other
institution reserved for the sick or any church or any school or other
institution of learning while the same is in session, which unreasonably
interferes with the proper functioning of any such place above mentioned;
provided that conspicuous signs are placed in the public highways
indicating the zones within which such noises are prohibited. The
Director of Public Works is hereby authorized and directed to cause
to be placed as many signs as he/she may deem necessary to properly
indicate such quiet zones and to call attention to the prohibition
of excessive or unnecessary noises within such zones.
4.
Musical instruments, loudspeakers, advertising. The
use of any drum, loudspeaker or other instrument or device, unless
a permit be obtained therefor from the City, which permit shall specify
the place where such device is to be used and the hours thereof; or
the unnecessary calling with the voice for the purpose of attracting
attention by the creation of noise or for advertising purposes between
the hours of 9:30 P.M. and 8:00 A.M.
5.
Construction and lawn maintenance equipment. The
use of any loud mechanical or lawn maintenance equipment or the creation
of any unreasonably loud and disturbing noise or any construction,
repair or similar activity between the hours of 9:00 P.M. and 7:00
A.M. which annoys and disturbs the residential quiet, comfort or repose
of persons in any building.
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.
It
shall be unlawful for any person to enter any building or grounds
used for school purposes, while students or teachers are present,
in a drunken, intoxicated or drugged condition or to drink any intoxicating
liquors in the presence of such students or teachers.
B.
It
shall be unlawful for any person to appear in the Municipal Court
in the City of Pasadena Hills in a drunken, intoxicated or drugged
condition or to drink any intoxicating liquors in the presence of
the court.
A.
LOITER or LOITERING
TRAFFIC WARNING OR DIRECTIONAL SIGN
Definitions. For the purposes of this Section, the following
terms are defined as:
Standing, lingering, hanging around, delaying, prowling,
lurking, hiding, idling, sauntering or moving slowly about in one
(1) location. The term "loiter" or "loitering" shall not include walking
from one location to another.
Any sign erected by a governmental entity for regulation
of vehicular traffic including, but not limited to, "Stop" signs,
"Yield" signs, speed limit signs, signs directing traffic one-way
and signs prohibiting vehicular traffic or vehicular parking.
B.
Loitering Prohibited.
1.
Roadways. No person shall loiter within any roadway
used by vehicular traffic, in the median of a roadway between two
(2) lanes of traffic moving in opposite directions or within ten (10)
feet of any roadway.
2.
Traffic warning or directional signs. No person
shall loiter within ten (10) feet of any traffic warning or directional
sign or in any other manner which obstructs or blocks such sign from
the view of oncoming motorists or which distracts motorists' attention
to such sign.
3.
Certain intersections. Because of the heavy volume
of traffic and other traffic conditions present at the following intersections,
no person shall loiter within twenty-five (25) feet of the following
intersections:
Lucas and Hunt and Pasadena
Pasadena and Roland
4.
Private property. No person shall loiter on private
property without the permission of the property owner.
5.
Sidewalks. No person shall loiter upon any public
sidewalk in such a manner as to impede, hinder, slow or block pedestrian
traffic on such sidewalk or in such a manner as to create a hazard
for other pedestrians.
6.
Doorways and emergency ingress and egress openings. No person shall loiter within fifteen (15) feet of any doorway,
entrance, exit, window, fire escape or other opening in a building
that may be used for ingress or egress during an emergency.
7.
Firehouse. No person shall loiter within twenty-five
(25) feet of the driveway or front entrance of a firehouse unless
that person is present at the firehouse on official business. No person
shall loiter in the vicinity of the firehouse in such a manner to
impede, hinder, slow or block emergency vehicles from entering or
exiting the firehouse or in such a manner to create a distraction
or hazard for such emergency vehicles as they enter or exit the firehouse.
8.
School safety zone. No person shall loiter within
one hundred (100) feet of the property known as the "Jefferson School"
while school is in session or special events; provided however, that
parents or others acting in loco parentis may attend to their children
and/or monitor their child's entry into or exit from the school from
a location within the school safety zone and persons may participate
and attend special events on school grounds that are sponsored or
permitted by the school.
9.
Peeping toms. No person shall loiter in such a place
and manner so as to view or watch through a window or other opening
any part of the interior of a residence or people or activities occurring
therein without the permission of the owner of the residence.
10.
Causing alarm. No person shall loiter in a place
at a time or in a manner not usual for law abiding individuals under
circumstances that warrant a justifiable and reasonable alarm or immediate
concern for the safety of persons or property in the vicinity. Among
the circumstances which may be considered in determining whether alarm
is warranted is the fact that the person takes flight upon the appearance
of a Law Enforcement Officer, refuses to identify himself/herself
or manifestly endeavors to conceal himself/herself or any object.
Unless flight by the person makes it impracticable, a Law Enforcement
Officer shall, prior to any arrest or issuance of a summons for an
offense under this Section, afford the person an opportunity to dispel
any alarm or immediate concern which would otherwise be warranted
by requesting the person to identify himself/herself and explain his/her
presence and conduct. No person shall be convicted of an offense under
this Section if the Law Enforcement Officer failed to comply with
the foregoing procedure or if it appears at trial that the explanation
given by the person was true and would have dispelled the alarm or
immediate concern.
