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131.006 (Repealed)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
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
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
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
(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
(a) For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
LOITERING means remaining in a public place in the downtown loop area which, for purposes of this article, includes the central business district of the city and the area bordered by the west side of Minnesota Avenue to Grange Avenue between Eighth Street and Thirteenth Street, with the apparent purpose of establishing control over an identifiable area, intimidating others from entering those areas, or to conceal illegal activities. LOITERING includes, but is not limited to:
A. Creating or causing to be created any disturbance or annoyance to the passage, access and comfort of any person:
B. Obstructing, impeding or restricting in any manner the free passage of pedestrians or vehicles; and
C. Obstructing, molesting or interfering with any person lawfully in any public place.
(b) No person shall be guilty of violation of this section unless a law enforcement officer has:
(1) Informed the person or persons within a group that the person or group is engaged in loitering within an area in which loitering is prohibited, and order the person or group to disperse and remove himself, herself or themselves from the area or from the place at which the order was issued; and
(2) Informed the person or persons within a group that he, she or they will be subject to arrest if the person or group fails to obey the order promptly or engages in loitering within sight or hearing of the location on which the order was issued during the next three hours.
(1992 Code, § 26-28) (Ord. 69-00, passed 8-14-2000) Penalty, see § 10.999
No person shall place their hands upon, or touch with any part of their body, or fondle in any manner, or massage a sexual or genital part of any other person for any money or other thing of value or offer to or agree to do so (with the intent to arouse or gratify the sexual desire of either party), nor shall any person solicit those act or acts by offering money or other thing of value.
SEXUAL OR GENITAL PARTS include the genitals, pubic area, anus or perineum of any person, or the vulva or breasts of a female. A violation of this section shall be grounds to deny, suspend or revoke any license issued under chapter 110 of this Code. Practitioners of the healing arts lawfully practicing within the scope of their profession are not included within the provisions of this section.
(1992 Code, § 26-29) (Ord. 96-04, passed 9-13-2004) Penalty, see § 10.999
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