(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 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 such 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 which serves no lawful and reasonable purpose of the offender;
(5) Creating 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.
(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 were not intoxicated, should know is likely to have such effect on others;
(2) Engage in conduct or create a condition which presents a risk of physical harm to himself 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 subsection (b) hereof.
(d) When to an ordinary observer a person appears to be intoxicated, it is probable cause to believe such person is voluntarily intoxicated for purposes of subsection (b) hereof.
(Ord. 278-73. Passed 12-17-73.)
(e) In any prosecution for the violation of subsection (b) hereof or any other section of this General Offenses Code wherein intoxication is an element of the crime or the charge, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, urine, breath or other bodily substance shall give rise to the following presumptions:
(1) If there was at that time a concentration of less than fifteen hundredths of one percent by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
(2) If there was at that time a concentration of fifteen hundredths of one percent or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of alcohol.
Nothing in this subsection shall be construed as limiting the introduction of other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol.
(Ord. 448-68. Passed 2-3-69.)
(f) Whoever violates any of the provisions of this section is guilty of disorderly conduct, a misdemeanor of the fourth degree, and shall be subject to the penalty provided in Section 698.02.
(Ord. 13-96. Passed 3-4-96.)