(A) A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance, alarm or harm he or she:
(1) On any street, highway, public building, in or on a public or private conveyance, or public place, engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed;
(2) Willfully, or being intoxicated, whether willfully or not, disrupts any meeting of the governing body of any political subdivision of this state or a division or agency thereof, or of any school, literary society or place of religious worship, or any other meeting open to the public, if such disruption prevents or interferes with the orderly conduct of such meeting or has a direct tendency to cause acts of violence by the person or persons at whom, individually, such disruption is directed;
(3) Engages in fighting, or threatens to harm persons or property unlawfully;
(4) Makes unreasonable noise or offensively coarse utterance, gesture or display, or communicates unwarranted and grossly abusive language to any person, which by its very utterance or usage inflicts injury or tends to incite an immediate breach of the peace;
(5) Insults, taunts or challenges another under circumstances in which such conduct is likely to provoke a violent response;
(6) Hinders or prevents the movement of persons or vehicles on a public street, road, highway right-of-way or to, from, within or upon public or private property, so as to interfere with the rights of others, by any act which serves no lawful and reasonable purpose;
(7) Creates a condition which presents a risk of physical harm to persons or property;
(8) Urinates or defecates in any public place or upon the property of any other person, except this section shall not apply to the use of restrooms and/or bathrooms;
(9) No person shall disturb the peace and good order of the municipality by fighting, quarreling, wrangling, threatening violence to the person or property of others, or by riot, tumult, lascivious, obscene, profane of scandalous language or by making outcries, clamor or noise, or by drunkenness, or lewd or lascivious behavior, or by indecent exposure of his or her person, or by abusing his or her family, or any member thereof by inflicting personal violence or any other gross abuse; and
(10) No person shall, after a request to desist, make, continue or cause to be made by the use of any horn, bell, radio, loud speaker, or by the operation of any instrument or device, any unreasonably loud, disturbing and unnecessary noises of such a character, intensity and duration as to disturb the peace and quiet of the community or to be detrimental to the life and health of any individual, and no person shall willfully conduct himself or herself in a noisy, boisterous or other disorderly manner by either words or acts which disturb the good order and quiet of the community.
(B) Nothing described herein shall be interpreted or construed to prevent any constitutionally protected activity including, but not necessarily limited to, exercise of one’s constitutionally guaranteed rights of freedom of speech or assembly. No person may be convicted under this section when his or her sole intent for engaging in the activities for which he or she was arrested was to exercise one or more of the rights guaranteed to him or her under the Constitution of the United States or the State Constitution or to exercise any other rights guaranteed to that person by law.
(C) No person shall, in a public place, any state or municipal office or office building or any other property owned, leased, occupied or controlled by the state or municipality, a mobile home park, a public parking area, a common area of an apartment building or dormitory, or a common area of a privately-owned commercial shopping center, mall or other group of commercial retail establishments, disturb the peace of others by violent, profane, indecent or boisterous conduct or language or by the making of unreasonably loud noise that causes annoyance or alarm to another person, and who persists in such conduct after being requested to desist by a law enforcement officer acting in his or her lawful capacity; provided, that nothing in this division should be construed as a deterrence to the lawful and orderly public right to demonstrate in support or protest of public policy issues.
(D) For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MOBILE HOME. A moveable or portable unit, designed and constructed to be towed on its own chassis (comprised of frame and wheels), and designed to be connected to utilities for year-round occupancy. The term includes:
(a) Units containing parts that may be folded, collapsed or telescoped when being towed and that may be expanded to provide additional cubic capacity; and
(b) Units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing.
MOBILE HOME PARK. A privately-owned residential housing area or subdivision wherein the dwelling units are comprised mainly of mobile homes and wherein the occupants of such dwelling units share common elements for purposes of ingress and egress, parking, recreation and other like residential purposes.
PUBLIC PARKING AREA. An area, whether publicly- or privately-owned or maintained, open to the use of the public for parking motor vehicles.
(W.Va. Code § 61-6-1b) (1986 Code, § 509.01) Penalty, see § 131.99