As used in this Article, the following terms mean:
- PRIVATE PROPERTY
- Any place which at the time of the offense is not open to the public. It includes property which is owned publicly or privately.
- PROPERTY OF ANOTHER
- Any property in which the person does not have a possessory interest.
- PUBLIC PLACE
- Any place which at the time of the offense is open to the public. It includes property which is owned publicly or privately.
A person commits the offense of peace disturbance if he or she:
Unreasonably and knowingly disturbs or alarms another person or persons by:
Loud noise; or
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
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
Creating a noxious and offensive odor.
For purposes of this Section, if a building or structure is divided into separately occupied units, such units are separate premises.
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.
Definition. The following term shall be defined as follows:
- PUBLIC PLACE
- 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.
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:
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;
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;
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.
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.
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.
A person commits the offense of disrupting a house of worship if such person:
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
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.
Note: Under certain circumstances this offense can be a felony under state law.
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.
Definitions. As used in this Section, the following terms mean:
- FUNERAL and 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.
- OTHER PROTEST ACTIVITIES
- Any action that is disruptive or undertaken to disrupt or disturb a funeral or burial service.
The offense of unlawful funeral protest shall be an ordinance violation.
[CC 1990 §16-362; Ord. No. 6274, 7-12-1999]
It shall be unlawful for any person to willfully make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the neighborhood peace, comfort or repose of persons.
The standards which shall be considered in determining whether a violation of the provisions of this Section exist shall include, but not limited to, the following:
The volume of the noise;
The intensity of the noise;
Whether the nature of the noise is usual or unusual;
Whether the origin of the noise is natural or unnatural;
The volume and intensity of the background noise, if any;
The proximity of the noise to the residential sleeping facility;
The nature and zoning of the area in which the noise emanates;
The density of the inhabitation of the area within which the noise emanates;
The time of day or night in which the noise occurs;
The duration of the noise;
Whether the noise is recurrent, intermittent or constant;
Whether or not the noise is produced by commercial or non-commercial activity.
The type of activity that shall be deemed to be prohibited shall include, but is not limited to, the following:
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 in the City except as a danger warning or during an approved parade; the creation of any unreasonably loud or harsh sound by means of any such signaling device and the sounding of any such device for an unreasonable period of time; the use of any signaling device, except a Police whistle or one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust and the use of any such signaling device when traffic is held up for any reason.
Radios, televisions, phonographs, etc. The using, operating or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person who is in the room, vehicle or chamber in which such machine or device is operated and who is a voluntary listener thereto. The operation of any such set, 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.
Loudspeakers, amplifiers, etc., for advertising. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure unless otherwise legally authorized. Announcements over loudspeakers can only be made by the announcer in person and without the aid of any mechanical device.
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 P.M. and 7:00 A.M. or at any time or place so as to annoy or disturb the quiet, comfort or repose of any person in the vicinity.
Animals, birds, etc. The keeping of any animal or bird which will disturb the comfort or repose of any persons in the vicinity by making long, continual or frequent noise.
Steam whistle or horn. The blowing of any train whistle, steam whistle or horn attached to any stationary boiler or locomotive except to give notice of the time to begin or stop work or as warning of fire or danger or upon request of proper City authorities.
Exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
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.
Construction and repair work. The exterior construction, demolition, alteration or repair of buildings involving the operation of machinery or equipment which causes loud or disturbing noise except between the hours of 7:00 A.M. and 8:00 P.M. on Monday through Saturday and between 9:00 A.M. and 8:00 P.M. on Sunday and except for activities by governmental authorities or public utilities when the activities are in response to emergencies or otherwise in the interest of public health and safety.
Schools, courts, churches, hospitals, residences. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in session or adjacent to any hospital or in the residential area and which unreasonably interferes with the work of such institution or which disturbs or unduly annoys patients in the hospital; provided, that conspicuous signs are displayed about such institutions indicating the presence of such institutions.
Hawkers, peddlers, etc. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood.
Noises to attract attention. The use of any drum or other instrument or device for the purpose of attracting attention to any performance, show or sale by creation of noise.
Transportation of metal rails, etc. The transportation of rails, pillars or columns of iron, steel or other material over and along streets and other public places upon carts, drays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.
Pile drivers, hammers, etc. The operation from 6:00 P.M. to 7:00 A.M. on any pile drive, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise without a special permit from the Mayor or Council.
Blowers. The operation of any noise-creating blower and power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
Sound trucks. The use of mechanical loudspeakers or amplifiers on trucks or other moving or standing vehicles for advertising or other commercial purposes; the use of sound trucks for non-commercial purposes during such hours or in such places or with such volume as would constitute such use a public nuisance.
Automobile repair. The doing of any activity in the course of repairing or altering a motor vehicle or equipment thereof in the nighttime which creates any disturbing noise audible on the premises of another.