It shall be unlawful for a person to disturb the peace of a
person or persons. A person commits the offense of peace disturbance,
if:
A.
He or she unreasonably and knowingly disturbs or harms another person
or persons by:
1.
Creating a loud noise which would disturb the senses of an ordinary
reasonable person, or
2.
Uses offensive language addressed in a face to face manner to a specific
individual and under circumstances which are likely to produce an
immediate violent response from a reasonable recipient, or
3.
Threatens to commit a crime against any person under circumstances
which are likely to cause a reasonable person to fear that such threat
may be carried out, or
4.
Engages in fighting with another person in a public place or an open
area where the public could observe, unless it is in self-defense.
Self-defense is defined as attempting to prevent another person from
physically harming the defending person or an attempt to disarm a
person who is threatening to use a weapon or object which could cause
physical harm.
5.
By unreasonably, intentionally or purposely and physically obstructing
vehicular or pedestrian traffic or the egress or ingress to and from
a public or private place, without the consent of the owner of the
private place.
6.
A person also commits the offense of peace disturbance by unruly
conduct if the person who owns, maintains, leases or is otherwise
in possession or control of any real property permits or allows persons
thereon to conduct themselves in a loud or unruly manner so as to
cause hurt, injury annoyance, inconvenience or danger to the public
or a member thereof and shall be the duty of such person in possession
or control of such real property to take steps as are reasonably available
to him or her to disperse such loud or unruly persons.
Any person found guilty of the offensive disturbing the peace
of another person or persons, shall be deemed to have violated the
appropriate section herein and may be subject to a fine of up to $500
or 30 days of incarceration, or both. In addition, a person found
guilty may be ordered to make restitution in the amount of any doctor
or hospital bills.
A person commits the offense of unlawful assembly if he knowingly
assembles with six 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.
A person commits the offense of rioting if he knowingly assembles
with six 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.
The following terms shall have the meanings indicated:
Remaining idle in essentially one location and shall include
the concept of spending time idly; to be dilatory; to linger; to stay;
to saunter; to delay; to stand around and shall also include the colloquial
expression "hanging around."
Any place to which the general public has access and a right
to 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.
A.
It shall be unlawful for any person to loiter, loaf, wander, stand
or remain idle either alone and/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.
B.
When any person causes or commits any of the conditions enumerated in Subsection A herein, 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 the section.
A.
Permanent basketball goals and courts may be located and used only
in owners' back or side yards, subject to City approval, and should
not create a nuisance for neighbors.
B.
Portable basketball goals may be used in front yards only on owner's
driveway, subject to restrictions described below. The presence of
a small or sloping driveway does not waive or limit these restrictions.
1.
To prevent unsightly conditions, goals should be stored out of sight
from the street when not in use.
2.
Goals must not be placed on sidewalks, streets, public right-of-way,
or neighbors' property.
3.
Goals must be placed in an inconspicuous location on the owner's
own lot, adjacent to and facing the driveway, and at least six feet
away from all sidewalks, streets, public right-of-ways, and neighbors'
property lines.
4.
Goals must not be positioned to encourage playing on a sidewalk,
street, public right-of-way, or neighbors' property.
5.
Goals, players, or balls must not be permitted to damage surrounding
landscape, structures, vehicles, or signage.
C.
It shall be unlawful for any person to play ball upon any City street
or right-of-way; it shall be unlawful to throw any ball to or from
any street within the City.
The following terms shall have the meanings indicated:
Includes, but is not limited to, urging or instigating other
persons to riot, but shall not be deemed to mean the mere oral or
written:
Any place to which the general public has access and a right
to 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, area or parks.
A public disturbance involving:
An act or acts of violence by one or more persons part of an
assemblage of three or more persons, which act or acts shall constitute
a clear and present danger of, or shall result in, damage or injury
to the property of any other person or the person of any other individual;
or
A threat or threats of the commission of an act or acts of violence
by one or more persons part of an assemblage of three or more persons
having individually or collectively, the ability of immediate execution
of such threat or threats, where the performance of the threatened
act or acts of violence would constitute a clear and present danger
of, or would result in, damage or injury to the property of any other
person or to the person of any other individual.
A.
A person shall be guilty of disorderly conduct if, with the purpose
of causing public danger, alarm, disorder, nuisance, or if his conduct
is likely to cause public danger, alarm, disorder or nuisance, he
willfully does any of the following acts in a public place:
1.
Commits an act in a violent and tumultuous manner toward another
whereby that other is placed in danger of his life, injury to his
limb or health;
2.
Commits an 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.
Causes, provokes or engages in any fight, brawl or riotous conduct
so as to endanger the life, limb, health or property of another;
4.
Interferes with another's pursuit of a lawful occupation by acts
of violence;
5.
Obstructs, either singly or together with other persons, the flow
of vehicular or pedestrian traffic and refuses to clear such public
way when ordered to do so by the City police or other lawful authority
known to be such;
6.
Is in a public place under the influence of an intoxicating liquor
or drug in such condition as to be unable to exercise care for his
own safety or the safety of others;
7.
Resists or obstructs the performance of duties by City police or
any other authorized official of the City, when known to be such an
official;
8.
Incites, attempts to incite, or is involved in attempting to incite
a riot.
9.
Addresses abusive language or threats to any member of the police
department, any other authorized official of the City who is engaged
in lawful performance of his duties, or any other person when such
words have a tendency to cause acts of violence. Words merely causing
displeasure, annoyance or resentment are not prohibited.
10.
Damages, befouls or disturbs public property or the property of another
so as to create a hazardous, unhealthy or physically offensive condition;
11.
Makes or causes to be made by loud, boisterous and unreasonable noise
or disturbance to the annoyance of any other persons nearby, or near
to any public highway, road, street, lane, alley, park, square or
common, whereby the public peace is broken or disturbed, or the traveling
public annoyed;
12.
Fails to obey a lawful order to disperse by police officer when known
to be such an official, where one or more persons are committing acts
of disorderly conduct in the immediate vicinity, and the public health
and safety is imminently threatened;
13.
Uses abusive or obscene language or makes an obscene gesture.
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 knowingly fails or refuses to obey the lawful command of
a law enforcement office to depart from the scene of such assembly
or riot.
A.
It shall be unlawful for any person to refuse or fail to comply with
any lawful order, signal or direction of a City police officer or
other law enforcement officer, sheriff, or deputy acting in the performance
of his/her duty within the City limits.
B.
Any person violating any provision of this section shall be deemed
guilty of a misdemeanor and on such finding of guilt, shall be punishable
by a fine of up to $500 and or up to 10 days in jail.
