ARTICLE C. OFFENSES AGAINST THE PUBLIC PEACE AND SAFETY
Notes:
1See section 5-2-2 of this code.
2See section 5-2-5 of this code.
6-3C-1: DISORDERLY CONDUCT:
A. Designated: It shall be unlawful to commit disorderly conduct. A person commits disorderly conduct if he intentionally, knowingly or recklessly:
1. Threatens physical harm to any person in a public place; or
2. Makes, causes or controls unreasonable noise in a public place or that is audible upon a private premises that he has no right to occupy; or
3. Fights with another in a public place, except in an amateur or professional contest of athletic skill; or
4. Makes statements or gestures calculated to cause embarrassment or provoke anger in any person in a public place when such statements or gestures cause any person to inflict bodily injury upon any person or tends to invite an immediate breach of the peace; or (Ord. 13, Series 1981)
5. Urinates or defecates upon any public or private place other than in a toilet facility provided for such purpose. (Ord. 10, Series 1984)
B. Evidence:
1. A prima facie showing that a violation of subsection A2 of this section shall consist of evidence that the defendant caused or controlled such noise between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., that was audible at a distance of one hundred feet (100') from its source, distinguishable from any other source of sound in the vicinity, and was of a greater volume than any other single source of sound in the vicinity. (Ord. 13, Series 1981)
2. It is an affirmative defense under subsection A1 of this section that the actor has significant provocation for his threatening conduct. (Ord. 10, Series 1984)
C. Exemption: Subsection A2 of this section shall not apply to noise emanating from an exterior loudspeaker at a "commercial establishment" as defined in section 5-8-3 of this code. (Ord. 21, Series 2001)