Chapter 9.25


9.25.010    Public affray.

9.25.020    Prowling.

9.25.030    Disturbing the peace.

9.25.040    Unreasonable noise.

9.25.050    Disorderly conduct.

9.25.060    Unlawful assembly.

9.25.070    Vagrancy.

9.25.080    Obstructing movement.

9.25.090    Possession of fireworks.

9.25.100    Advertising matter.

9.25.010 Public affray.

Public affray consists of two or more persons voluntarily or by agreement engaging in any fight or using any blows or violence toward each other in an angry or quarrelsome manner in any public place, to the disturbance of others.

Whoever commits public affray is guilty of a petty misdemeanor. [Ord. 241 § 2-1-4, 2007].

9.25.020 Prowling.

It is unlawful for any person to loiter or prowl in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses to identify himself/herself or manifestly endeavors to conceal himself/herself or any object. Unless flight by the actor or other circumstance makes it impracticable, a peace officer shall prior to any arrest for any offense under this section afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him/her to identify himself/herself and explain his/her presence and conduct. No person shall be convicted of an offense under this section if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would have dispelled the alarm.

Whoever commits prowling is guilty of a petty misdemeanor. [Amended during 2014 codification; Ord. 241 § 2-1-6, 2007].

9.25.030 Disturbing the peace.

It is unlawful for any person to disturb or aid in the disturbing the peace of others by violent, tumultuous, offensive, or obstreperous conduct and no person shall knowingly permit such conduct upon any property owned by him/her or under his/her control or supervision.

Whoever commits disturbing the peace is guilty of a petty misdemeanor. [Amended during 2014 codification; Ord. 241 § 2-1-9, 2007].

9.25.040 Unreasonable noise.

A. It is unlawful for any person to make, continue or cause to be made any loud or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. Whoever commits unreasonable noise is guilty of a petty misdemeanor.

B. Unlawful noises include but shall not be limited to the following:

1. Horns and Signal Devices. The sounding of any horn or signaling device of any automobile, motorcycle, truck or other vehicle on any street or public place except as a danger warning, the creation by means of any such signaling devices of any unreasonable, loud, or harsh sound, the sounding of such devices for any unnecessary and unreasonable period of time other than by accident or mechanical, electrical or other difficulty or failure, and the use of any such signaling device where traffic is held up.

2. Radios and Phonographs. The use or operation of any radio, phonograph or other sound-producing machine in such a manner as to disturb the peace and quiet of neighbors.

3. Loudspeakers and Amplifiers Used for Advertising. The use or operation or permitting to be played, used, or operated any radio, receiver set, musical instrument, phonograph, tape recorder, loud speaker, sound amplifier or other machine or device for the production or reproduction of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public in any residential area except with proper permit elsewhere prescribed.

4. Yelling or Shouting. Yelling, shouting or creating other loud noises which annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or residence, or of any persons in the vicinity.

5. Animals. The keeping of any animals, which, by causing frequent or long, continuous noise, shall disturb the comfort or repose of any person in the vicinity.

6. Schools, Courts, Churches, and Hospitals. The creating of any excessive noise on any street adjacent to any hospital, school, institution of learning, church or court which interferes with the workings of such institution, or which disturbs or annoys patients in a hospital.

7. Pounding. The pounding or hammering on any metal object or thing except inside a building or in connection with the construction or erection of a building. [Ord. 241 § 2-1-10, 2007].

9.25.050 Disorderly conduct.

Disorderly conduct consists of:

A. Engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to disturb the peace; or

B. Maliciously disturbing, threatening or, in an insolent manner, intentionally touching any house occupied by any person.

Whoever commits disorderly conduct is guilty of a petty misdemeanor. [Ord. 241 § 2-1-11, 2007].

9.25.060 Unlawful assembly.

Unlawful assembly consists of three or more persons assembling together with intent to do any unlawful act with force or violence against the person or property of another, and who shall make any overt act to carry out such unlawful purpose.

Whoever commits unlawful assembly is guilty of a petty misdemeanor. [Ord. 241 § 2-1-12, 2007].

9.25.070 Vagrancy.

The following acts comprise the crime of vagrancy and their commission is unlawful:

A. Waiting or remaining within a public, private or parochial school building or upon school grounds, not having any reason or relationship involving custody of or responsibility for a student, without the written permission of a school official, or in violation of posted rules or regulations.

B. Occupying, lodging or sleeping in any vacant or unoccupied barn, house, car, shed, shop or other building or structure or in any automobile, truck, railroad car or other vehicle without owning the same or without the permission of the owner or person entitled to possession thereof or sleeping in any vacant lot.

C. Begging from door to door to private houses or commercial business establishments or placing oneself in or upon any public way or public place to beg.

Whoever commits vagrancy is guilty of a petty misdemeanor. [Ord. 241 § 2-1-13, 2007].

9.25.080 Obstructing movement.

It is unlawful to hinder, annoy or molest persons passing along any street, sidewalk, crosswalk or other public way, or to lie, sit or stand around the entrance of any church, theater, public building, or other place of public assemblage in any manner so as to unreasonably obstruct such entrance or to place or erect upon any public way an obstruction of any type except temporary barriers or warning signs placed for the purpose of safeguarding the public against any hazard.

Whoever commits obstructing movement is guilty of a petty misdemeanor. [Ord. 241 § 2-1-14, 2007].

9.25.090 Possession of fireworks.

A. Unlawful Acts. It is unlawful to manufacture, sell, offer to sell, own, possess or discharge any firecracker, roman candle, sky rocket, torpedo, bomb, blank cartridges or any other type or form of explosive commonly known as fireworks within the municipal limits unless the state Fire Marshal has declared that such item is not dangerous to person or property.

Whoever commits unlawful acts under this section is guilty of a petty misdemeanor.

B. Exclusions. The term “fireworks” shall not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five-hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for use, and toy pistols which contain less than twenty-hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times.

C. Public Display. Nothing herein contained shall be held to apply to or prohibit any municipal or civic organization from sponsoring and conducting, in connection with any public celebration, an officially supervised and controlled fireworks display. [Ord. 241 § 2-1-23, 2007].

9.25.100 Advertising matter.

A. It is unlawful for any person to distribute any commercial advertising such as show cards, posters, brochures, circulars or handbills upon any public street or way.

B. It is unlawful for any person to distribute, place or post in or upon any private property, including utility poles, any show card, poster, handbill or other announcement or advertisement without the express consent of the owner or occupant of the property.

C. It is unlawful for any person to post or affix any poster, handbill or other form of advertisement upon the surface of any public structure or building without the express consent of the public official having charge of said public structure or property. [Ord. 241 § 3-1-4, 2007].