SECTION:
5-2-1: Failure To Disperse
5-2-2: [Reserved]
5-2-3: Disorderly Conduct
5-2-4: Public Intoxication
5-2-5: Aggressive Solicitation
5-2-6: Disorderly Household Or Premises
5-2-7: Fighting
5-2-8: Resisting And Obstructing Officers
5-2-9: False Reports
5-2-10: Unlawful Consumption Of Or Possession Of Alcoholic Beverages In Public Place
5-2-11: Voyeurism
5-2-12: Intoxication By Inhalation Of Toxicants Or Solvents
5-2-13: Public Urination
5-2-14: Possession Of False Identification Card
5-2-15: Minors; Purchase, Consumption Or Possession Of Alcohol
5-2-16: Penalty
A. Unlawful: When two (2) or more people congregate in a public place and the acts of such persons create a substantial risk of injury, alarm or serious inconvenience to any person or property, or hinder or obstruct the free passage of any person or vehicle upon a public right-of-way, a peace officer or other public official engaged in executing and enforcing the law may order the participants and others in the immediate vicinity to disperse. A person who refuses a lawful order to disperse or a person who knowingly and intentionally fails to obey such an order is guilty of a misdemeanor.
B. Exceptions:
1. No such order shall apply to a news reporter or other person observing or recording the events on behalf of the public press or other news media, unless he is physically obstructing lawful efforts by such officer to disperse the group.
2. Nothing in this section requires persons to disperse who are peaceably assembled for a lawful purpose. (1952 Code § 6-01-03)
A. Violations: Any person who violates the provisions below is guilty of a misdemeanor:
1. Occupying, lodging or sleeping in any building, structure or place, whether public or private, or in any motor vehicle, without the permission of the owner or person entitled to possession or in control thereof; or
2. Loitering, prowling or wandering upon the private property of another, without lawful business, permission or invitation by the owner or the lawful occupants thereof; or
3. Loitering or remaining in or about school grounds or buildings, without having any reason or relationship involving custody of or responsibility for a pupil or student, school authorized functions, activities or use. (1952 Code § 6-01-05)
B. Availability Of Overnight Shelter: Law enforcement officers shall not enforce subsection A of this section (disorderly conduct) when the individual is on public property and there is no available overnight shelter.
1. The term "available overnight shelter" is a public or private shelter, with an available overnight space, for an individual experiencing homelessness, at no charge, as defined in subsection B.2.
2. The term "available overnight shelter" shall not include the following:
a. Shelter space where an individual cannot stay because the individual has exceeded a shelter's maximum stay rule or because shelter is unavailable due to the individual's sex or sexual orientation.
b. Shelter space that cannot reasonably accommodate the individual's mental or physical needs or disabilities.
c. Shelter space that does not permit a minor child to be housed in the same facility with at least one parent or legal guardian.
d. Shelter space for which an individual is required to attend or participate in religious activities or programs as a condition of utilizing the shelter space.
3. Police or their designee shall initiate contact with the shelters after eleven o'clock (11.00) P.M. daily to determine whether the shelters have available space and, if so, the number of available sleeping spaces. Prior to issuing any citation, a police officer shall also confirm that a shelter has available space that can be utilized by that particular individual. No police officer shall issue a citation to a homeless person sleeping, lying, sitting, or camping outdoors unless the officer first confirms the shelter has available space that can be utilized by the individual.
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