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.
[Ord. No. 8631, 9-14-2020]
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 knowingly and actually:
1.
Obstruct any public street, public highway, public sidewalk
or any other public place or building by hindering or impeding 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 knowingly fails or refuses to obey such orders shall
be guilty of a violation of this Section.
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.
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.
The offense of unlawful funeral protest shall be an ordinance violation.
[CC 1990 §16-362; Ord. No. 6274, 7-12-1999]
A.
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:
1.
The volume of the noise;
2.
The intensity of the noise;
3.
Whether the nature of the noise is usual or unusual;
4.
Whether the origin of the noise is natural or unnatural;
5.
The volume and intensity of the background noise, if any;
6.
The proximity of the noise to the residential sleeping facility;
7.
The nature and zoning of the area in which the noise emanates;
8.
The density of the inhabitation of the area within which the noise
emanates;
9.
The time of day or night in which the noise occurs;
10.
The duration of the noise;
11.
Whether the noise is recurrent, intermittent or constant;
12.
Whether or not the noise is produced by commercial or non-commercial
activity.
B.
The
type of activity that shall be deemed to be prohibited shall include,
but is not limited to, the following:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
Hawkers, peddlers, etc. The shouting and crying
of peddlers, hawkers and vendors which disturb the peace and quiet
of the neighborhood.
13.
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.
14.
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.
15.
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.
16.
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.
17.
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.
18.
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.
