§ 3.2-2. Disorderly conduct.
3.2-2.1
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:
Public place shall mean any place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern, or other place of business and public grounds, areas, or parks.
Riot shall mean a public disturbance involving:
a.
An act of violence by 1 or more persons part of an assemblage of 3 or more persons which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual; or
b.
A threat or threats of the commission of an act or acts of violence of 3 or more persons having, individually or collectively, the ability or immediate execution of such threat or threats where the performance of the threatened act or acts of violence would constitute a clear and present danger, or would result in, damage or injury to the property of any other person or to the person of any other individual.
Incite a riot shall mean, but is not limited to, urging or instigating other persons to riot but shall not be deemed to mean the mere oral or written:
a.
Advocacy of ideas; or
b.
Expression of belief not involving advocacy of any act or acts of violence or assertion of the rightness of or the right to commit any such act or acts.
3.2-2.2
A person shall be guilty of disorderly conduct if with the purpose of causing public danger, alarm, disorder, nuisance, or if his/her conduct is likely to cause public danger, alarm, disorder, or nuisance, he/she willfully does any of the following acts in a public place:
a.
Commits an act in a violent and tumultuous manner toward another whereby that order is placed in danger of his/her life, limb, or health.
b.
Commits an act in a violent and tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed or damaged.
c.
Causes, provokes, or engages in any fight, brawl, or riotous conduct so as to endanger the life, limb, health, or property of another.
d.
Interferes with another's pursuit of a lawful occupation by acts of violence.
e.
Obstructs, either singly or together with other persons, the flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered to do so by the city police or other lawful authority known to be such.
f.
Is in a public place under the influence of an intoxicating liquor or drug in such condition as to be unable to exercise care for his/her own safety or the safety of others.
g.
Resists or obstructs the performance of duties by Town police or any other authorized official of the Town when known to be such an official.
h.
Incites, attempts to incite, or is involved in attempting to incite a riot.
i.
Addresses abusive language or threats to any member of the Town police department, any other authorized official of the Town who is engaged in the lawful performance of his/her duties, or any other person when such words have a direct tendency to cause acts of violence. Words merely causing displeasure, annoyance, or resentment are not prohibited.
j.
Damages, befouls, or disturbs public property or the property of another so as to create a hazardous, unhealthy, or physically offensive condition.
k.
Makes or causes to be made any loud, boisterous, and unreasonable noise or disturbance to the annoyance of any other persons nearby or near to any public highway, road, street, lane, alley, park, square, or common whereby the public peace is broke or disturbed or the traveling public annoyed.
l.
Fails to obey a lawful order to disperse by a police officer, when known to be such an official, where one or more persons are committing acts of disorderly conduct in the immediate vicinity and the public health and safety is imminently threatened.
m.
Uses abusive or obscene language or makes an obscene gesture.
n.
This section shall not be construed to suppress the right to lawful assembly, picketing, public speaking, or other lawful means of expressing public opinion not in contravention of other laws.
3.2-2.3
Enforcement. Any person, firm, or corporation violating the provisions of this article shall be punishable by a fine of $50.00 for the first offense and $100.00 for each subsequent offense.