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.
[Ord. No. 311 §1(205.190), 9-14-1978; Ord. No. 617 §1, 7-8-2009]
A.Â
It
shall be unlawful for any person to commit any of the following acts,
or to permit the commission of such acts by others on premises or
property under his/her control, if the conduct is done willfully with
the purpose of causing public danger, alarm, disorder, or nuisance:
1.Â
To act in a violent and tumultuous manner toward another whereby
that other is placed in danger of his/her life, limb or health;
2.Â
To act in a violent and tumultuous manner toward another whereby
the property of any person is placed in danger of being destroyed
or damaged;
3.Â
To cause, provoke or engage in any fight, brawl or riotous conduct
so as to endanger the life, limb, health or property of another;
4.Â
To interfere with another's pursuit of a lawful occupation by acts
of violence;
5.Â
To incite, attempt to incite or become involved in attempting to
incite a riot;
6.Â
To damage, befoul, or disturb public property or the property of
another so as to create a hazardous, unhealthy or physically offensive
condition;
7.Â
To create a loud and unreasonable noise by yelling or shouting, or
by operating any radio, T.V., record player, tape recorder or other
electronic equipment to annoyance of a neighbor, or any other persons
nearby, or near to any public highway, road, streets, lane, alley,
or park whereby the public peace is broken or disturbed or the traveling
public annoyed;
8.Â
To fail to obey a lawful order to disperse by a City Official or
Police Officer when known to be such an official and when:
a.Â
The officer or official is in the lawful performance of his/her duties
concerning a third (3rd) person,
b.Â
Where in addition to the Police Officer and the third (3rd) person,
two (2) or more persons are in the immediate vicinity,
c.Â
Where words or conduct of any person interfere with the performance
by the official or Police Officer of his/her duties; and
d.Â
The public health and safety are imminently threatened.
9.Â
To continue to delay, disrupt, or interfere with orderly transaction
of business at any meeting of City Officials after having been called
to order by the Presiding Officer for the meeting.
B.Â
Exemptions. This Section shall not be construed to suppress
the right to lawful assembly, picketing, public speaking or other
lawful means of expressing public opinion not in contravention of
other laws.
C.Â
Penalty. Any person who violates any of the provisions of
this Section shall be subject to penalty by a fine not exceeding one
thousand dollars ($1,000.00) or by imprisonment not exceeding ninety
(90) days, or both such fine and imprisonment.
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.
A.Â
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.Â
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.Â
The offense of unlawful funeral protest shall be an ordinance violation.
[Ord. No. 456 §3, 11-10-1993]
A.Â
The
creation of any unreasonably loud, disturbing and unnecessary noise
in the City is prohibited. Noise of such character, intensity and
duration as to be detrimental to the life or health of any individual
or which unreasonably interferes with the comfort of any individual,
is prohibited. The operation of any instrument, phonograph, machine
or device between the hours of 11:00 P.M. and 7:00 A.M. in such a
manner as to be plainly audible at a distance of fifty (50) feet from
the building, structure or vehicle in which it is located shall be
prima facie evidence of a violation of this Section.
1.Â
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this Section, but such enumeration
shall not be deemed to be exclusive, namely:
a.Â
The use of mechanical loud speakers or amplifiers in or on any store,
building or other premises, the effect of which is to extend the sound
and noises to the exterior of such premises, irrespective of whether
the same be intended for advertising, entertainment, or for any other
purpose, except where a specific license or permit is granted by the
Board of Aldermen as provided in Subparagraph (2) of this Section.
b.Â
The use of mechanical loud speakers or amplifiers on trucks or other
vehicles or on stationary stands except where a specific license or
permit is granted by the Board of Aldermen as provided in Subparagraph
(2) of this Section.
c.Â
The playing of any radio, phonograph or any musical instrument in
such a manner or with such volume, particularly during the hours between
11:00 P.M. and 7:00 A.M., as to annoy or disturb the quiet, comfort
or repose of persons in any dwelling or other type of residence.
d.Â
The sounding of any horn or signal device on any automobile, motorcycle,
bus or other vehicle while not in motion, except as a danger signal
if another vehicle is approaching apparently out of control or, at
intersections not controlled by traffic lights, as a danger signal
or warning to pedestrians and other traffic.
2.Â
The Board of Aldermen may, upon proper application, grant a special
license or permit for such limited times and on such conditions as
it may see fit in the interests of public welfare for the temporary
use of loud speakers or amplifiers. Any person acting contrary hereto
without such permit shall be deemed in violation hereof.