CHAPTER 5
MISCELLANEOUS OFFENSES
MISCELLANEOUS OFFENSES
SECTION:
8-5-1: Disorderly Conduct
8-5-2: Aggressive Solicitation (Rep. by Ord. 17-4692, 2-7-2017)
8-5-3: Offenses Involving Public Officers
8-5-4: Damaging, Defacing Property
8-5-5: Keeping Disorderly House
8-5-6: Indecent Exposure
8-5-7: False Alarms
8-5-8: Engine Braking
8-5-9: Amateur Fighting And Boxing
8-5-10: Sitting And Lying On Sidewalks
8-5-11: Standing, Loitering And Obstructing Persons
8-5-12: Fireworks
8-5-13: Public Urination And Defecation
8-5-14: Storage Of Property
8-5-15: Electrical Outlets
8-5-16: Downtown Map
8-5-17: Violation Of Individual Rights - Hate Crime
A. Any person who commits any of the following acts shall be guilty of disorderly conduct:
1. Makes unreasonable noise in public with the purpose of causing, or recklessly creating a risk of causing, a breach of the peace.
2. Makes unreasonable noise in the vicinity of any residence with an intentional or reckless disregard for causing distress to the occupants thereof. (1978 Code §24-47)
3. Engages in fighting or violent behavior in any public place or in or near any lawful assembly of persons, provided, that participants in athletic contests may engage in such conduct which is reasonably related to that sport.
4. Acts in a threatening or violent manner toward another whereby:
a. Any person is placed in fear of safety of the person's life, limb or health;
b. The property of any person is placed in danger of being destroyed or damaged; or
c. The lawful pursuits of another are substantially curtailed.
5. Uses inflammatory language in public which the person using the language knows or reasonably should know is likely to provoke an imminent violent reaction by another.
6. Places their own person in or on any public way so as to halt or impede the flow of vehicular or pedestrian traffic and refuses to clear any public way when ordered to do so.
7. Commits a trespass upon public or private property with a malicious intent.
8. Wilfully and knowingly acts in such a way as to disrupt any lawful assemblage or gathering of people.
9. No person shall request or solicit an exchange or transfer of anything from any person inside a sidewalk cafe without permission of an employee of the business operating the cafe. No person shall be cited under this subsection unless the person engages in such prohibited conduct after having been notified by a peace officer that the conduct violates the City ordinance. Any violation of this subsection shall be considered a simple misdemeanor punishable by a fine of sixty five dollars ($65.00).
B. This section shall not apply to any peace officer acting within the scope of the officer's duties.
(1978 Code §24-47; amd. 1994 Code) (Ord. 09-4342, 6-16-2009; amd. Ord. 17-4692, 2-7-2017; Ord. 19-4811, 11-4-2019)
A. Impersonating An Officer: It shall be unlawful for any person other than a duly appointed and acting officer or representative of the city to wear or display any insignia tending to designate the wearer as being an officer or representative of the city. (1978 Code §24-3)
B. Refusing To Assist Officers: Any peace officer making an arrest may summon as many persons as necessary to aid in making the arrest, and all persons refusing to obey such summons shall be guilty of a simple misdemeanor. (1978 Code §29-1; amd. 1994 Code)
C. Obstructing Officers: No person shall rescue or take any person from the custody of any peace officer or prevent the arrest of any such person or resist, oppose, obstruct or impede any member of the police force in the discharge of the officer's duties. (1978 Code §29-2; amd. 1994 Code)
A. Simple Misdemeanor: No person shall permit or suffer to continue, without taking legal steps to prevent the same, any quarreling, fighting, disorderly conduct, or any other conduct or condition that threatens injury to persons or damage to property. No person shall permit or suffer to continue, without taking legal steps to prevent the same, loud, raucous, disagreeable noises made with an intentional or reckless disregard for causing a disturbance of the neighborhood, or a disturbance to the general public, upon any premises owned by the person or in the person's possession. For the purposes of this section, "a disturbance to the general public" includes the disturbance of persons beyond the subject premises and/or to the disturbance of persons upon public places, including peace officers.
1. A person who violates the provisions of subsection A of this section is guilty of a simple misdemeanor punishable as follows:
a. For a first offense, a fine of three hundred dollars ($300.00).
b. For a second offense, a fine of five hundred dollars ($500.00).
c. For a third or subsequent offense, a fine of eight hundred fifty-five dollars ($855.00).
B. Authority To Restore Order And Disperse; Failure To Disperse: Upon issuance of a criminal complaint for a violation of this section, any peace officer of the city shall have authority to restore order upon the subject premises, up to and including ordering the dispersal of person(s) from the subject premises. Any person who fails or refuses to obey and abide by such an order shall be guilty of a violation of this section. Any violation of this subsection shall be a simple misdemeanor.
C. Civil Sanction: Quarreling, fighting, disorderly conduct, or any other conduct or condition that threatens injury to persons or damage to property, or loud, raucous, disagreeable noises made with an intentional or reckless disregard for causing a disturbance of the neighborhood, or a disturbance to the general public, upon any premises owned by the person or in the person's possession is prohibited. For the purposes of this section, "a disturbance to the general public" includes the disturbance of persons beyond the subject premises and/or to the disturbance of persons upon public places, including peace officers. Any violation of this subsection by a property owner or tenant is a municipal infraction punishable by a civil penalty of seven hundred fifty dollars ($750.00) for first offense and one thousand dollars ($1,000.00) for second and subsequent offenses.
(Ord. 12-4496, 9-18-2012; amd. Ord. 19-4811, 11-4-2019; Ord. 23-4909, 9-5-2023)
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