New Shoreham |
Code of Ordinances |
Part II. Revised Ordinances Of The Town Of New Shoreham |
Chapter 10. Miscellaneous Offenses |
§ 10-3. 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:
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, wharf, boat landing or other place of business and also public grounds, areas or parks.
Riot shall mean a public disturbance involving an act of violence by one or more persons part of an assemblage of three or more persons which act 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 persons part of an assemblage of three or more persons having individually or collectively the ability of 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 of or would result in damage or injury to the property of any other person or to the person of any other individual.
(b) Prohibited. A person shall be guilty of disorderly conduct if, with the purpose of causing public danger, alarm, disorder or nuisance or if his conduct is likely to cause public danger, alarm, disorder or nuisance, he willfully 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 person is placed in fear of safety 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) Resists or obstructs the performance of duties by the police or any other authorized official of the town when known to be such an official.
(6) Incites, attempts to incite or is involved in attempting to incite a riot.
(7) Addresses abusive language or threats to any member of the police department or any other authorized official of the town who is engaged in the lawful performance of his 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.
(8) Damages, befouls or disturbs public property or the property of another so as to create a hazardous, unhealthy or physically offensive condition.
(9) 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.
(10) Uses abusive or obscene language or makes an obscene gesture intended or likely to cause an act of violence.
(11) Uses violent and forceful behavior at any time in or near a public place, such that there is a clear and present danger that free movement of other persons will be arrested or restrained or other persons will be incapacitated in the lawful exercise of business or amusement.
(12) Disturbs the peace of others by violent, offensive or boisterous conduct or language which said conduct or language was calculated to cause anguish or injury or violent reaction from another.
(13) Roughly crowds or pushes any person in any public place.
(14) Throws any stone, snowball or any other missile upon or at any person, vehicle, building, tree, sign or other public or private property.
(15) Wantonly makes a false alarm with reference to the request of firefighting apparatus or cries fire in any public place for the sole purpose of causing turmoil.
(16) Prowls or wanders upon the private property of another, or peeks in the door or window of any inhabited building or structure located thereon without visible or lawful business with the owner or occupant thereof.
(17) Maliciously interrupts the speaker of any lawful assembly or impairs the lawful rights of others to participate effectively in such assembly or meeting when such conduct is calculated to provoke or tend to cause turmoil or disturbance.
(18) Acts in a manner which tends to cause or provoke a disturbance near any public building wherein matters affecting the public are being considered or deliberated, and the conduct interferes with the public matters.
(19) Frequents any public place with intent to obtain money from other persons by illegal and fraudulent schemes, tricks, artifices or devices.
(20) Displays any deadly weapon in a public place in a manner which is calculated to alarm or frighten other persons present.
(c) Exemptions. 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.
(Rev. Ords. 1989, § 10-3)