648.04 DISORDERLY CONDUCT.
   (a)   No person shall recklessly cause inconvenience, annoyance, or alarm to another, by doing any of the following:
      (1)   Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
      (2)   Making unreasonable noise or an offensively coarse utterance, gesture, or display, or communicating unwarranted and grossly abusive language to any person;
      (3)   Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;
      (4)   Hindering or preventing 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, and by any act that serves no lawful and reasonable purpose of the offender;
      (5)   Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.
   (b)   No person while voluntarily intoxicated shall do either of the following:
      (1)   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 conduct the offender, if he or she were not intoxicated, should know is likely to have such effect on others;
      (2)   Engage in conduct or create a condition that presents a risk of physical harm to himself, herself or another, or to the property of another.
   (c)   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 division (b) of this section.
   (d)   If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that the person is voluntarily intoxicated for purposes of division (b) of this section.
   (e)   Whoever violates this section is guilty of disorderly conduct, a misdemeanor of the fourth degree. The penalty shall be as provided in Section 698.02.
(Ord. 2001-022. Passed 4-4-01.)