[Ord. No. 2016-3094 § 2, 12-13-2016]
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. 2016-3094 § 2, 12-13-2016]
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.
[Ord. No. 2016-3094 § 2, 12-13-2016]
[Ord. No. 2016-3094 § 2, 12-13-2016]
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. 2016-3094 § 2, 12-13-2016]
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. 2016-3094 § 2, 12-13-2016]
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. 2016-3094 § 2, 12-13-2016]
A.
PUBLIC PLACE
Definition. The following term shall be defined as follows:
Any place, including inside a building, 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 fails or refuses to obey such orders shall be guilty
of a violation of this Section.
[Ord. No. 2016-3094 § 2, 12-13-2016]
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.
[Ord. No. 2016-3094 § 2, 12-13-2016]
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.
[R.O. 1993 § 215.115; Ord. No.
94-2153 § 215.115, 6-27-1994]
A.
Any person who shall do or engage in any of the following shall be
guilty of disorderly conduct:
1.
Any person who shall act in a violent or tumultuous manner toward
another, whereby public property or property of any other person is
placed in danger of being destroyed or damaged.
2.
Any person who shall cause, provoke or engage in any fight,
brawl or riotous conduct so as to endanger the life, limb, health
or property of another or public property.
3.
Any person who shall assemble or congregate with another or
others and cause, provoke or engage in any fight or brawl.
4.
Any person who shall assemble or congregate with another or
others and cause, provoke or engage or attempt to engage in gaming.
5.
Any person who shall collect in bodies or in crowds and engage
in unlawful activities.
6.
Any person who shall frequent any public place and obtain money
from another by an illegal and fraudulent scheme, trick, artifice
or device, or attempt to do so.
7.
Any person who assembles with another or others and engages
in any fraudulent scheme, device or trick to obtain any valuable thing
in any place or from any person, or attempts to do so.
8.
Any person who frequents any place where gaming or the illegal
sale or possession of alcoholic beverages or narcotics or dangerous
drugs is practiced, allowed or tolerated.
9.
Any person who shall assemble or congregate with another or
others and do bodily harm to another.
10.
Any person who shall, by acts of violence, interfere with another's
pursuit of a lawful occupation.
11.
Any person who shall congregate with another or others in or
on any public way so as to halt the flow of vehicular or pedestrian
traffic and refuse to clear such public way when ordered to do so
by a Peace Officer or other person having authority.
12.
Any person who damages, befouls or disturbs public property
or the property of another so as to create a hazardous, unhealthy
or physically offensive condition.
B.
Any person convicted of or who pleads guilty to disorderly conduct,
as defined in this Section, shall be punished by a fine of not less
than one dollar ($1.00), nor more than five hundred dollars ($500.00),
confinement in the Aurora City Jail of not less than one (1) nor more
than ninety (90) days, or by both fine and confinement to be determined
by the Municipal Judge.
[Ord. No. 2016-3085 § 1, 9-27-2016]
A.
Begging. It shall be unlawful for any person to accept money or other
valuable considerations as the result of soliciting alms, either directly
or indirectly, upon the public thoroughfares, public grounds or public
rights-of-way of the City.
B.
Loitering, Public Thoroughfares Or Public Right-Of-Way Areas.
1.
It shall be unlawful for any person to loiter in the public
thoroughfares or public right-of-way areas located within the City's
limits. It is considered that such loitering creates a potential safety
hazard for the person loitering in those areas as well as a potential
safety hazard and/or sight obstruction for passing motorists. Events
approved by the City of Aurora shall be exempt from this provision
of this Section.
2.
Firefighters, employed by the City of Aurora, who conduct a
"boot block" to solicit funds for the Muscular Dystrophy Association
one (1) day each year will be exempt from this Section. Also, requesting
donations for a City-sponsored event, approved by the City Council,
is exempt from this Section.
C.
Panhandling.
1.
"Panhandling" means the acceptance of an immediate donation
of any item of value, monetary or otherwise, from another person,
resulting from the verbal solicitation made in person upon any public
street, public right-of-way, sidewalk, alley, park or other public
place, and includes but is not limited to accepting donations of any
item of value, monetary or otherwise:
2.
"Public area" means an area to which the public or substantial
group of persons has access, and includes but is not limited to alleys,
bridges, buildings, driveways, parking lots, parks, playgrounds, plazas,
sidewalks, City right-of-way areas, median/island areas located adjacent
to City streets, streets open to the general public, and the doorways
and entrances to buildings and dwellings, and the grounds enclosing
them.
3.
"Solicit" means to request an immediate donation of money or
other thing of value from another person, regardless of the solicitor's
purpose or intended use of the money or other thing of value. The
solicitation may be, without limitation, by the spoken, written or
printed word or by other means of communication.
