Chapter 9.04 DISORDERLY CONDUCT – DISTURBING THE PEACE

Chapter 9.04
DISORDERLY CONDUCT – DISTURBING THE PEACE¹

Sections:

9.04.010 Certain acts declared misdemeanors.

(a) A person who does any of the following is guilty of a misdemeanor:

(1) In a public place repeatedly or continuously shouts, blows a horn, plays a musical or recording or amplifying instrument, or otherwise generates loud noises intending to disturb or acting with reckless disregard for the peace and privacy of others, or, in a private place, engages in the same conduct with the same intent or reckless disregard, having been informed by another that the conduct is disturbing the peace and privacy of others not in the same place;

(2) In a public place when a criminal offense has occurred, refuses to comply with a lawful order of the police to disperse, or in a private place refuses to comply with an order of the police to leave a premises in which he has neither a right of occupancy nor the express invitation to remain of the person having the right of possession;

(3) In a public or private place challenges another to fight, or engages in fighting other than in self-defense; or

(4) In a public or private place acts in a violent or tumultuous manner toward another whereby a person of common intelligence would reasonably be put in fear of safety of his life, limb, or health;

(5) In a public or private place acts in a violent or tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed or damaged;

(6) In a public or private place by acts of violence interferes with another’s pursuit of a lawful occupation;

(7) In a public or private place addresses abusive language or threats to any person present which creates a clear and present danger of violence;

(8) In a public place assembles together with two or more persons with intent to do any unlawful act with force or violence against the person or property of another, and who makes any overt act to carry out such unlawful purpose;

(9) (A) Knowingly consumes any alcoholic beverage, or knowingly possesses an open container of any alcoholic beverage, in any public carrier, or in any business establishment offering goods or services to the public, or in any other public place,

(B) Subsection (a)(9)(A) of this section shall not apply to the premises of a business establishment licensed to dispense alcoholic beverages for consumption on its premises,

(C) As used in this section “alcoholic beverage” includes, but is not limited to, whiskey, brandy, rum, gin, wine, ale, porter, beer, and all other spirituous, vinous, malt and other fermented or distilled liquors intended for human consumption;

(10) Damages, befouls, or disturbs public property or property of another so as to create an unhealthy or physically offensive condition;

(11) In a public place willfully exposes his sexual organs or private parts; or in a private place willfully exposes his sexual organs or private parts where such exposure can be seen from a public or private place and is annoying or offensive to any other person or persons;

(12) In a public or private place unlawfully assaults or threatens another in a menacing manner, or unlawfully strikes or wounds another, or otherwise assaults or commits assault.

(b) In a prosecution under subsection (a)(1) of this section:

(1) If the loud noise constitutes speech, the content of speech or evidence of specific words used by the defendant is admissible in evidence against him only as permitted by court rule;

(2) In this section a noise is a “loud noise” if, considering the nature and purpose of the defendant’s conduct and the circumstances known to the defendant, including the nature of the location and the time of day or night, the conduct involves a gross deviation from the standard of conduct that a reasonable person would follow in the same situation. “Loud noise” also includes noises which are loud enough to inhibit the ability of the average person in the same or adjacent place to speak freely. Noise does not include speech to the extent that the speech is constitutionally protected.

(c) In this section a “public place” is a place where the public is permitted to assemble, enter or pass through, whether publicly or privately maintained, including but not limited to places of accommodation, transportation, business and entertainment, or any other place which is not a private place. (Ord. 1404 § 1, 1998; Ord. 1073 § 1, 1986; Ord. 778 § 1, 1973)

9.04.020 Severability.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed the ordinance codified herein and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. (Ord. 778 § 1, 1973)

9.04.030 Penalty.

Any person who violates any provision of this chapter, or performs any unlawful act as defined in this chapter, or fails to perform any act required by this chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $1,500 or imprisonment for not more than 24 hours, or both such fine and imprisonment. (Ord. 1824 § 1, 2016; Ord. 1528 § 1, 2005; Ord. 839 § 1, 1975; Ord. 778 § 1, 1973)

9.04.040 Mental states required.

(a) If a provision of this chapter defining an offense does not prescribe a culpable mental state, the culpable mental state that must be proved with respect to:

(1) Conduct is “knowingly”; and

(2) A circumstance, or a result, is “recklessly.”

(b) For purposes of this chapter, a person acts “knowingly” with respect to conduct or to a circumstance described by a provision of this chapter defining an offense when the person is aware that the conduct is of that nature or that the circumstance exists; when knowledge of the existence of a particular fact is an element of an offense, that knowledge is established if a person is aware of a substantial probability of its existence, unless the person actually believes it does not exist; a person who is unaware of conduct or circumstances of which a person would have been aware had that person not been voluntarily intoxicated acts knowingly with respect to that conduct or circumstance.

(c) For purposes of this chapter, a person acts “recklessly” with respect to a result or to a circumstance described by a provision of this chapter defining an offense when the person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that disregard of it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation; a person who is unaware of a risk of which the person would have been aware had that person not been voluntarily intoxicated acts recklessly with respect to that risk. (Ord. 1073 § 2, 1986)

As to vagueness invalidating statutes or ordinances dealing with disorderly persons or conduct, see 12 A.L.R. 3d 1448.