ARTICLE IV. OFFENSES AGAINST PUBLIC PEACE
86-141 Reserved.
Editor’s note—Ord. No. 2094, § 1, adopted Apr. 1, 1999, repealed § 86-141, which pertained to loitering and derived from Code 1985, § 16-34.
86-142 Disorderly persons.
A person shall be guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance, alarm, or recklessly creating the risk thereof, he:
(1) Acts in a violent or tumultuous manner toward another whereby any person is placed in fear of safety of his life, limb or health;
(2) Acts in a violent or tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed or damaged;
(3) Endangers the lawful pursuits of another by acts of violence, angry threats or abusive conduct;
(4) Jostles or crowds or pushes other persons in any public place;
(5) Conducts himself or behaves in any obscene manner in any public place in the city;
(6) Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another;
(7) By acts of violence interferes with another’s pursuit of a lawful occupation;
(8) Causes or makes any unnecessary loud noise or shouts or yells, or engages in any conduct which creates any disturbance, tends to disturb or aids in disturbing of the peace of others in a public place or a place open to the public.
(9) No person shall knowingly remain at a place of illegal occupation, business or activity.
(10) No person shall remain at a public place in such a manner as to obstruct any public street, highway, sidewalk or any other public place by hindering or impeding the free and uninterrupted passage of vehicles, traffic or pedestrians, or ingress or egress from any business or property.
(Code 1985, § 16-34.1; Ord. No. 2094, § 1, 4-1-99)
86-143 Obscene and offensive language.
No person shall use any obscene, offensive, derisive or annoying word in the presence of another or direct such language toward an individual in any public place within the city under circumstances which cause or are likely to cause an immediate breach of the peace.
(Code 1985, § 16-5)
86-144 Disorderly house.
No owner, occupant or lessee of any saloon, barroom, tavern, beer hall, grocery, theatre room, ordinary house, restaurant, store, or any business open to the public, or building of any kind shall permit or cause any disorderly, riotous or indecent conduct on or in such premises or building.
(Code 1985, § 16-4; Ord. No. 2160, § 1, 5-8-03)
86-145 Begging/aggressive solicitation—Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
“Aggressive manner” means and includes:
(1) Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person’s consent; or
(2) Following the person being solicited, if that conduct is:
a. Intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or
b. Intended to or reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; or
(3) Continuing to solicit within five feet of the person being solicited after the person has made a negative response, if continuing the solicitation is:
a. Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or
b. Intended to or reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; or
(4) Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation; or
(5) Intentionally or recklessly using obscene or abusive language or gestures:
a. Intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or
b. Words intended to or reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; or
(6) Approaching the person being solicited in a manner that is:
a. Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or
b. Intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
“Solicitation” means any solicitation made in person requesting an immediate donation of money. Solicitation does not include passively standing or sitting with a sign or other indication that one is seeking donations, without addressing any solicitation to any specific person other than in a response to an inquiry by that person.
(Ord. No. 2057, § 1, 4-17-97)
86-146 Same—Time and place.
(a) Any person who solicits after sunset or before sunrise is guilty of a misdemeanor.
(b) Any person who solicits when the person solicited is in any of the following places is guilty of a misdemeanor:
(1) At any bus stop or train stop;
(2) In any public transportation vehicle or facility;
(3) In any vehicle on the street;
(4) On private property unless the solicitor has permission from the owner or occupant; or
(5) Within 15 feet of any entrance or exit of any bank or check cashing businesses or within 15 feet of any automated teller machine during the hours of operation of such bank, automated teller machine or check cashing business without the consent of the owner or other person legally in possession of such facilities. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility.
(Ord. No. 2057, § 1, 4-17-97)
86-147 Same—False or misleading information.
(a) Any person who knowingly makes any false or misleading representation in the course of soliciting a donation is guilty of a misdemeanor. False or misleading representations include, but are not limited to, the following:
(1) Stating that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet that need and does not disclose that fact;
(2) Stating that the donation is needed to meet a need that does not exist;
(3) Stating that the solicitor is from out of town and stranded, when that is not true;
(4) Wearing a military uniform or other indication of military service, when the solicitor is neither a present nor former member of the service indicated;
(5) Wearing or displaying an indication of physical disability, when the solicitor does not suffer the disability indicated;
(6) Use of any make-up or device to simulate any deformity; or
(7) Stating that the solicitor is homeless, when he is not.
(b) Any person who solicits a donation stating that the funds are needed for a specific purpose and then spends the funds received for a different purpose is guilty of a misdemeanor.
(c) This section establishes a single offense. Evidence which establishes beyond a reasonable doubt that the defendant violated the section is sufficient for conviction and need not establish which subsection was violated.
(Ord. No. 2057, § 1, 4-17-97)
86-148 Same—Penalties.
(a) A violation of sections 86-145—86-148 may be punished by a fine not to exceed $500.00 or by imprisonment for a term not to exceed 90 days, or by both.
(b) In lieu of or in addition to the penalty provided in this section, a person in violation of sections 86-145—86-148 may be required to perform community service work as described by the court.
(c) Any arrest or conviction under sections 86-145—86-148 shall be disclosed to government social service agencies who request that the applicable public official be notified of such events.
(Ord. No. 2057, § 1, 4-17-97)