[Ord. No. 17-01 § 1, 1-23-2017]
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.
[Ord. No. 17-01 § 1, 1-23-2017]
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.
3.
Any individual, business or organization may apply for a permit that will allow for an outside event where noise generated may otherwise be in violation of Subsection (A)(1)(a) above. The office of the City Administrator or his/her designee in his/her discretion may issue such permit provided that the applicant possesses all other Code required licenses. Such permit shall identify the applicant and duration of the event. No fee shall be charged for any such permit.
[Ord. No. 14-42 § 1, 9-22-2014]
[Ord. No. 17-01 § 1, 1-23-2017]
[Ord. No. 17-01 § 1, 1-23-2017]
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.
[Ord. No. 17-01 § 1, 1-23-2017]
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.
[Ord. No. 17-01 § 1, 1-23-2017]
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. 17-01 § 1, 1-23-2017]
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:
1.
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.
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.
[Ord. No. 17-01 § 1, 1-23-2017]
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.
[R.O. 2013 § 225.151; Ord. No.
12-50 § 1, 12-10-2012; Ord. No. 14-52 § 1, 11-24-2014; Ord. No. 17-01 § 1, 1-23-2017]
A.
Prohibition.
It shall be unlawful for any person to engage in an activity during
the period beginning one hundred twenty (120) minutes before and ending
one hundred twenty (120) minutes after a funeral or burial service,
any part of which activity:
1.
Takes place within the boundaries of the location of such funeral
or takes place within three hundred (300) feet of the point of the
intersection between:
3.
Is within five hundred (500) feet of the boundary of the location
of such funeral and includes any individual:
4.
Is on or near the boundary of the residence, home, or domicile of
any surviving member of the deceased person's immediate family and
includes any individual willfully making or assisting in the making
of any noise or diversion:
B.
FUNERAL and BURIAL SERVICE
IMMEDIATE FAMILY
Definitions.
The following words, terms or phrases for the purposes of this Section
shall have the meanings set out in this Subsection:
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) of this Section.
With respect to an individual means:
C.
Penalty.
Upon the conviction of the violation of this Section a person may
be fined up to a sum not to exceed five hundred dollars ($500.00)
or imprisonment in the County Jail for a period not to exceed ninety
(90) days, or by a combination of both such fine and imprisonment.
[R.O. 2013 § 225.110; Code 1952, Ch. 4, Art. 1
§ 7; Ord. No. 17-01 § 1, 1-23-2017]
Any person who shall, in the City, disquiet or disturb any school
assembled for the purpose of instruction, or any assemblage of persons
met for literary, political or social purposes, by loud and unusual
noises, loud, offensive or indecent conversation or threatening, challenging
or fighting, shall be deemed guilty of an ordinance violation.
[R.O. 2013 § 225.440; Ord. No.
09-30 § 1, 7-27-2009; Ord. No. 17-01 § 1, 1-23-2017]
A.
A person
shall be deemed guilty of engaging in disorderly conduct within the
meaning of this Section whenever such person commits any of the following
acts:
1.
Engages in fighting which causes or is likely to cause immediate
pain, illness or any impairment of physical condition to any person.
2.
Obstructs, either singly or together with other persons, the flow
of vehicular or pedestrian traffic or the free ingress or egress to
or from a public place and refused to clear such public way when ordered
to do so by a City Police Officer or other lawful authority.
3.
By any act other than speech, resists, interferes with or obstructs
a Police Officer or other authorized official of the City in the discharge
of his or her official duties.
4.
Enter, without permission from a Police Officer, the Fire Chief or
other person specifically authorized to grant permission hereunder,
an area within three hundred (300) feet of a fire, vehicle accident
or other emergency to which the Police Officer or Fire Department
has been called or has responded or crosses, without such permission,
any other perimeter established by authorized City personnel or officials
at such fire, accident or other emergency.
5.
Addresses abusive or obscene language, gestures or threats to any
member of the Police Department, to any other authorized official
of the City engaged in the performance of his or her duties or to
any other person, when such language, gestures or threats are uttered
or made in a face-to-face manner to a specific individual under such
circumstances as to have a direct tendency to cause an immediate violent
response by a reasonable recipient.
6.
Makes or causes to be made any loud and unreasonable noise near to
any public highway, road, street, lane, alley, park, square or common,
whereby the public peace is broken or disturbed.
7.
With intent to cause public inconvenience, annoyance or alarm or
recklessly creating a risk thereof, congregates with other persons
in a public place and refuses to comply with a lawful order of a Police
Officer to disperse.
