(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Private place” includes places privately owned but open to the public generally, such as shopping centers, retail stores, transportation terminals, movie theaters, office buildings, restaurants, and all distinctly private places such as homes or private residences and apartment houses.
(2) “Public place” includes public streets and alleyways, public restrooms, public sidewalks, public parks, public buildings and municipal airports.
(3) “Surrounding area” means that area easily and immediately accessible to the person under observation.
(b) Disorderly Conduct.
(1) No person shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following:
A. Engage in fighting, threaten harm to persons or property, or engage in violent or turbulent behavior.
B. Make unreasonable noise or offensively coarse utterance, gesture, or display, or communicate unwarranted and grossly abusive language to any person.
C. Insult, taunt, or challenge another under circumstances in which the conduct is likely to provoke a violent response.
D. Hinder or prevent the movement of persons on a public street, road, highway, or right of way, or to, from, within or upon public or private property, so as to interfere with the rights of others, by any act which serves no lawful and reasonable purpose of the offender.
E. Create a condition which is physically offensive to persons or which presents a risk of physical harm to persons or property by any act which serves no lawful and reasonable purpose of the offender.
(2) No person, while voluntarily intoxicated shall in a public place or in the presence of two or more persons engage in conduct likely to be offensive or to cause inconvenience, annoyance or alarm to persons of ordinary sensibilities, which the offender, if he were not intoxicated, should know is likely to have that effect on others; or engage in conduct or create a condition which presents a risk of physical harm to himself or another, or to the property of another. Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft, or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of this subsection. When to an ordinary observer a person appears to be intoxicated, it is probable cause to believe the person is voluntarily intoxicated for purposes of this subsection.
(c) Unlawful Congregations.
(1) No person shall congregate with others in any public or private place at a time, in a manner, or under circumstances which warrant alarm for the safety of persons or security of property in the surrounding area; with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned by annoyance to pedestrians, or by threatening, insulting or abusive conduct to them; or whereby a danger to passing motor vehicles or pedestrians is created by persons sitting on, hanging on, laying on, or standing about, parked motor vehicles, and refuse to move on when ordered to do so by a law enforcement officer.
(2) Without limitation, the following circumstances may be considered in determining whether the alarm is warranted.
A. The flight of a person on the appearance of a law enforcement officer.
B. Attempted concealment by a person on the appearance of a law enforcement officer.
C. The systematic checking by a person of doors, windows, or other means of access to buildings, houses or vehicles.
(3) Unless flight by the actor or other circumstances make it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true, and if believed by the law enforcement officer at the time, would have dispelled the alarm.
(d) Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor.
(1993 Code 132.03)