CHAPTER 131: OFFENSES AGAINST PUBLIC PEACE
Section
Offenses Against Public Peace
   131.001   Disorderly conduct
   131.002   Disturbing the peace
   131.003   Disorderly assemblies
   131.004   Loitering prohibited
   131.005   Sexual touching for money or other thing of value, offers and agreements to do so prohibited
   131.006   (Repealed)
   131.007   Ticket scalping
Offenses Involving Police
   131.020   Aiding police
   131.021   Fleeing from law enforcement officer
Cross-reference:
   Administration, see title III
   Bicycles, see ch. 81
   Emergency management, see ch. 33
   Emergency vehicle warning device, see § 73.003
   Licenses issued by police department, see § 110.032
   Motor vehicles, see §§ 73.001 through 73.007, 93.025 through 93.035
   Notification of fumigation by holder of pest control license, see § 120.002
   Peddlers and vendors, see ch. 117
   Permit for parade or assembly required, see § 96.181
Statutory reference:
   Breach of the peace and disorderly conduct generally, see SDCL ch. 22-13
   Law enforcement agencies, see SDCL 23-3-1 et seq.
   Prohibition of disorders and disturbances, see SDCL 9-29-3
   Regulation of police, see SDCL 9-29-2
OFFENSES AGAINST PUBLIC PEACE
§ 131.001 DISORDERLY CONDUCT.
   A person commits disorderly conduct when he or she knowingly:
   (a)   Creates a disturbance of the public order by an act of violence or by an act likely to produce violence;
   (b)   Engages in, promotes, instigates, encourages, aids or abets fighting or any similar violent threatening or tumultuous behavior;
   (c)   Makes or causes any unreasonably loud noise;
   (d)   Addresses profane, obscene or abusive language or threats of violence to any person present so as to create a clear and present danger of violence;
   (e)   Refuses or fails to cease and desist any peaceful conduct or activity likely to produce a breach of peace where there is an imminent threat of violence and where the police have made all reasonable efforts to protect the otherwise peaceful conduct and activity and have requested that the conduct and activity be stopped and explained the request if there is time;
   (f)   Fails to obey a lawful order of dispersal by a person known by him or her to be a peace officer under circumstances where three or more persons are committing acts of disorderly conduct in the immediate vicinity which acts are likely to cause substantial harm or serious inconvenience, annoyance or alarm;
   (g)   Unreasonably obstructs or interferes with pedestrian or vehicular traffic or use thereof or so as to create an unsafe condition for vehicular or pedestrian traffic or use of the street or sidewalk;
   (h)   Damages, befouls or disturbs public property or private property of another so as to create an unsafe, unhealthy or unsanitary condition; or
   (i)   Carries in a threatening or menacing manner, without authority of law, any pistol, revolver, dagger, razor, dangerous knife, stiletto, knuckles, slingshot, an object containing noxious or deleterious liquid, gas or substance or other dangerous weapon.
(1957 Rev. Ords., § 9.202; 1992 Code, § 26-25) (Ord. 80-79, passed 8-20-1979; Ord. 48-88, passed 6-20-1988; Ord. 30-93, passed 4-12-1993; Ord. 88-24, passed 10-1-2024) Penalty, see § 10.999
Statutory reference:
   Disorderly conduct, see SDCL 22-18-35
§ 131.002 DISTURBING THE PEACE.
   No person shall disturb the peace of the city or of any person by violent, tumultuous or offensive conduct, or by loud or unusual noises, or by obscene, indecent, violent or threatening language, or actions or by assaulting, striking or attempting to assault or strike another person, or inviting or defying another person to fight or quarrel, or by engaging in a fight with another.
(1957 Rev. Ords., § 9.203; 1992 Code, § 26-26) Penalty, see § 10.999
§ 131.003 DISORDERLY ASSEMBLIES.
   (a)   A disorderly assembly of persons in a public place is hereby prohibited and the police department or any law enforcement officer shall have the authority to disperse those persons and to require them to remove themselves from the place of assembly. Any person participating in a disorderly assembly who fails or refuses to disperse or vacate the place after having been commanded to do so by a law enforcement officer shall be guilty of disorderly assembly.
   (b)   For purposes of this section, a DISORDERLY ASSEMBLY means an assembly of two or more persons, some or all of whom are engaged in conduct which threatens the public peace or safety through fighting or violent or threatening behavior, loud language, unreasonable noise, obstructing vehicular or pedestrian traffic or by littering or breakage.
   (c)   For purposes of this section, PUBLIC PLACE means any place, whether within or without a building, commonly and customarily open to or used by the general public.
(1992 Code, § 26-27) (Ord. 38-80, passed 5-19-1980) Penalty, see § 10.999
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