§ 11-102. Disorderly conduct.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

Incite (a riot) means to urge or instigate other persons to riot, but shall not be deemed to include the mere oral or written advocacy of ideas or expression of belief that does not involve advocacy of any act of violence or assertion of the rightness of, or the right to commit, any such act.

(2)

Public place means any place to which the general public has access and a right to resort for business, entertainment, or other lawful purposes, but does not necessarily mean a place devoted solely to the uses of the public. The term also includes the front or immediately surrounding area of any store, shop, restaurant, tavern, shopping center, parking lot, or other place of business. The term also includes public grounds, areas and parks.

(3)

Riot means a public disturbance involving either of the following:

a.

An act of violence by one (1) or more persons who are part of an assemblage of three (3) or more persons, which act constitutes a clear and present danger of, or results in, damage or injury to the property of any other person or to the person of any other individual.

b.

A threat to commit an act of violence by one (1) or more persons part of an assemblage of three (3) or more persons having, individually or collectively, the ability of immediate execution of such threat where the performance of the threatened act of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual.

Cross reference— Definitions and rules of construction generally, § 1-2.

(b)

Conduct constituting. A person shall be guilty of disorderly conduct if, with the purpose or likely effect of causing public danger, alarm, disorder or nuisance, he wilfully does any of the following acts in a public place:

(1)

Commits an act in a violent and tumultuous manner toward another whereby that other is placed in danger of his life, limb or health.

(2)

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.

(3)

Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger the life, limb, health, or property of another.

(4)

Interferes with another's pursuit of a lawful occupation by acts of violence.

(5)

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.

(6)

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 own safety or the safety of others.

(7)

Resists or obstructs the performance of duties by any authorized official of the city known to be such.

(8)

Damages, befouls, or disturbs public property or the property of another so as to create a hazardous, unhealthy, or physically offensive condition.

(9)

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 broken or disturbed, or the travelling public annoyed.

(c)

Interpretation. 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.

(Code 1976, § 9-1004)