Article 713
DISORDERLY CONDUCT
Sections:
713.01 Disorderly conduct defined.
713.02 Acts constituting disorderly conduct.
713.01 Disorderly conduct defined.
It shall constitute the offense of disorderly conduct for any person to disturb the good order and quiet of the city by clamor or noise, by intoxication and drunkenness, or by fighting and using obscene, profane or indecent language on the sidewalks, streets or in any public place or building in the city, to the annoyance of any of its residents, or to endanger or violate the public peace in any other manner by indecent or disorderly conduct, whether such conduct directly disturbs the tranquility of the city or consists in abusing, insulting, beating, striking, threatening to fight, provoking to quarrel or any other unlawful act against the person or property of any individual, detrimental to the public peace, or lewd, lascivious behavior tending to subvert good order. (Ord. 3792 § 1, 2021)
713.02 Acts constituting disorderly conduct.
The following acts, committed by any person with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned, shall be guilty of the offense of disorderly conduct:
(a) Uses offensive, disorderly, obscene, threatening, abusive conduct or behavior.
(b) Acts in such a manner as to annoy, disturb, interfere with, obstruct or be offensive to others.
(c) Be drunk or in a state of intoxication in any public place, or in any private place to the disturbance and annoyance of any other person.
(d) Appears in any public place in a state of nudity, or in indecent or lewd dress, or makes any indecent exposure of their person, or commits any indecent or lewd act or behavior.
(e) Congregates with others on any street, alley or other public way or public place and refuses to move on when ordered by the police.
(f) Loiters or strolls in, about or upon any street, alley or other public way or public place and refuses to move on when ordered by the police.
(g) By his actions causes a crowd to collect, except when lawfully addressing such crowd.
(h) Shouts or makes noise either outside or inside a building during the nighttime to the annoyance or disturbance of any number of persons.
(i) Stations himself on the public streets or follows pedestrians for the purpose of soliciting alms or who solicits alms on the public streets unlawfully.
(j) Disturbs, tends to disturb or aids in disturbing the peace of others by violent, tumultuous, or offensive conduct.
(k) Operating, playing or permitting the operation or playing of any sound amplifier, automobile radio, automobile stereo or high fidelity equipment or similar device which produces, reproduces or amplifies sound:
(1) At any time of the day in such a manner from any source as to create a noise disturbance across a real property boundary; or
(2) In such a manner as to create a noise disturbance across any real property boundary when operated in or on a motor vehicle on a public right-of-way or public space; or
(3) In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier; or
(4) At such a sound intensity that the sound is audible from a distance of 50 feet in any public area, street or sidewalk of the city, when the sound source is in any public area, street or sidewalk of the city.
(l) Deface, injure or destroy any monument, fountain or any other thing not their own.
(m) Willfully and maliciously break or injure any electric light or globe or cut or unloosen any rope or wire suspending such light or connected therewith; or cut or break, injure, deface or destroy any property belonging to the city; or tear down, destroy or deface any sign, building number or street sign; or break down, remove, injure, cut, mark or deface any building, fence, walks, gate, bridge or other structure of enclosure, whether public or private property; draw upon the walls of any building, fence or other structure or object any obscene picture or delineation, or write thereon any indecent or immodest sentence or words; or in any way to mutilate, injure or destroy any fruit, shade or ornamental tree or shrub, whether public or private.
(n) Willfully and maliciously or wantonly break, injure, destroy, deface or carry away any part of any building, machinery, apparatus, supplies or other property of the city, or to commit any nuisance by putting any filth, grease or other substance upon any buildings, machinery, lamps or other property of the city.
(o) Refuse or fail to comply with any lawful order of a police officer. (Ord. 3792 § 1, 2021)
713.03 Arrest.
Police officers may, within the city or upon property owned or controlled by the city or by a municipal authority of the city within the commonwealth, either with or without warrant, but upon view, arrest and commit for hearing any and all persons when the ongoing disorderly conduct imperils the personal security of any person or endangers public or private property. (Ord. 3792 § 1, 2021)
713.04 Penalty.
(a) Whoever violates MMC 713.02, after hearing before a district magistrate, and conviction for the offense of disorderly conduct, shall be fined not less than $100.00 and not more than $500.00, recoverable with costs, together with judgment of imprisonment of not more than 90 days if the penalty and costs are not paid.
(b) Whoever violates MMC 713.02 and is/was held in a city-owned cell shall, upon conviction, be charged an incarceration fee in the amount of $160.00. (Ord. 3792 § 1, 2021)