§ 51.01. Disorderly conduct.

(a)

Definitions.

"Incite a riot" means, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written (1) advocacy of ideas or (2) expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts.

"Public place" means 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.

"Riot" means a public disturbance involving (1) 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 to the person of any other individual or (2) 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.

(b)

Disorderly Conduct Prohibited. 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:

(1)

Commits an act in a violent and tumultuous manner toward another whereby that other is placed in danger of his life, 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 City Police Department, any other authorized official of the City who is engaged in the lawful performance of his duties, or any other person when such words have a direct 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 any 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 a 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;

(14)

Does any act in such unreasonable manner as to alarm or disturb another or to provoke a breach of the peace;

(15)

With intent to annoy another, makes a telephone call, whether or not conversation thereby ensues;

(16)

Transmits in any manner to the Fire Department or Police Department of any municipality or fire protection district a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists;

(17)

Transmits in any manner to another a false alarm to the effect that a bomb or other explosive of any nature is concealed in such place that its explosion would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such a bomb or explosive is concealed in such place;

(18)

Transmits or causes to be transmitted in any manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed knowing at the time of such transmission that there is no reasonable ground for believing that such an offense will be committed, is being committed, or has been committed;

(19)

Calls the number "911" for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission;

(20)

Transmits or causes to be transmitted in any manner to the Police Department or Fire Department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that such assistance is required.

(c)

Exemptions. This Section shall not be construed to suppress the right to lawful assembly, picketing, public speaking, or other lawful means of expressing public opinion not in contravention of other laws.

(d)

Penalty. In addition to the penalties set forth in Section 1.06, the court may require any person who violates subparagraphs (16), (17), (18), (19) or (20) of this Section to make restitution for the cost of equipment, supplies and/or personnel used or expended in the processing of or responding to false reports or information or false requests for service under such subparagraphs.

(10/23/86; Ord. 25-2003 §§ 1-3)