541.031 PROHIBITION OF CROSS BURNING AND DESTRUCTION OF OTHER RELIGIOUS SYMBOLS WITH THE INTENT TO INTIMIDATE.

   (a)   No person shall knowingly burn, desecrate, mar, deface or damage a cross or other religious symbol on any private premises or property within the corporate limits of the City, which property or premises are primarily used for religious, educational, residential, memorial, charitable or cemetery purposes, or for assembly by persons of a particular race, color, creed, religion or national origin, or on any public property within the City; or to place or to display in or upon any of these locations a sign, mark, symbol, emblem, or other physical impression including, but not limited to, a Nazi swastika or any manner of exhibit which includes a burning cross, real or simulated, with the intent:

      (1)   To deprive any person or class of persons of equal protection of the law or of equal privileges and immunities under the law, or for the purpose of preventing or hindering the constituted authorities of the City, State or United States from giving or securing to all persons within the City equal protection of the law;

      (2)   To injure, intimidate or interfere with any person because of his or her exercise of any right secured by federal, state or local laws, or to intimidate any person or any class of persons from exercising any right secured by federal, state or local laws;

      (3)   To intimidate, threaten, abuse or harass any other person.

   (b)   The provisions of subsection (a) hereof shall not apply to acts committed on the private property of another where there is no intent to deprive, injure, intimidate or interfere with another as described in subsection (a) hereof and if prior to those acts:

      (1)   Written permission was received from the owner and occupant of the property; and

      (2)   The written permission was filed with the Chief of the Hamilton Division of Police at least twenty-four hours prior to the act(s).

   (c)   Nothing in this section shall be deemed to amend, supersede or repeal any provision of the City Fire Prevention Code, City Building Code, City Zoning Code, or any other section of these Codified Ordinances.

   (d)   Whoever violates this section is guilty of cross burning and destruction of other religious symbols with intent to intimidate, a misdemeanor of the first degree.

(Ord. 2003-7-64. Passed 7-23-03.)