(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
INCITE A RIOT. Means but is not limited to urging or instigating other persons to riot, but does not mean the mere oral or written advocacy of ideas or expression of belief, not involving advocacy of any act of violence or assertion of the rightness of, or the right to commit, any act.
PUBLIC PLACE. Any place to which the general public has access and a right to resort for business, entertainment or other lawful purposes, but does not necessarily mean a place devoted solely to the use of the public. PUBLIC PLACE includes the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks.
RIOT. A public disturbance involving:
(a) An act of violence by one or more persons who are part of an assemblage of three or more persons, which act constitutes a clear and present danger of, or results in, damage or injury to any other person or to property thereof; or
(b) A threat of the commission of an act of violence by one or more persons who are part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of the threat, where the performance of the threatened act of violence would constitute a clear and present danger of, or would result in, damage or injury to any other person or to property thereof.
(B) Prohibited. A person shall be deemed guilty of disorderly conduct if, with the purpose of causing public danger, alarm, disorder or nuisance, or if his or her conduct is likely to cause public danger, alarm, disorder or nuisance, he or she willfully does any of the following acts in a public place:
(1) Commits an act in a violent and tumultuous manner toward another person, whereby the other person is placed in danger of his or her life, limb or health;
(2) Commits an act in a violent and tumultuous manner toward another person, 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 person;
(4) Interferes, by an act of violence, with another person’s pursuit of a lawful occupation;
(5) Obstructs, either singly or together with other persons, the flow of vehicular or pedestrian traffic and refuses to clear the public way when ordered to do so by a member of the Police Department or another lawful authority known to be such;
(6) (a) Is within the city limits in a public place and under the influence of intoxicating liquor or drugs in such condition as to be unable to exercise care for his or her own safety or the safety of others: consumes any alcoholic beverage or possesses on his or her person any bottle or receptacle containing alcoholic beverages if the bottle has been opened, the seal broken or the contents of the bottle or receptacle have been partially removed while on a public place, street, alley, sidewalk or pedestrian mall within the city limits.
(b) Exceptions include public or special events for which a permit has been issued, or businesses which are allowed to service alcoholic beverages in a public place through a liquor licensing permit, are exempt.
(7) Resists or obstructs the performance of duties by a member of the Police Department or another authorized official of the city known to be such;
(8) Incites, attempts to incite or is involved in attempting to incite, a riot;
(9) Addresses abusive language or threats to a member of the Police Department, any other authorized official of the city who is engaged in the lawful performance of his or her duties or any other person when the 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 person 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 person 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, where one or more persons are committing an act of disorderly conduct in the immediate vicinity and the public health and safety are imminently threatened; or
(13) Uses abusive or obscene language or makes an obscene gesture.
(C) Exceptions. 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) Permission of disorderly conduct by owner. No person shall knowingly permit the behavior prohibited in division (B) hereof upon any premises owned or possessed by him or her or under his or her control.
(Ord. passed 4-25-1983)