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Offenses Relating to Public Peace and Order - 9.16


9.16 Offenses Relating to Public Peace and Order

This Chapter shall be construed in such manner as to promote maximum fulfillment of its general purposes, namely, to define offenses, describing adequately the act which constitutes each offense relating to public health, to give fair warning to all persons concerning the nature of the conduct prohibited, and to forbid the commission of offenses.

9.16.020 Harassment
  1. A person commits harassment if, with intent to harass, annoy or alarm another person, he:
    1. Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact;
    2. In a public place directs obscene language or makes an obscene gesture to or at another person;
    3. Follows a person in or about a public place;
    4. Engages in conduct or repeatedly commits acts that alarm or seriously annoy another person and that serve no legitimate purpose;
    5. Initiates communication with a person, anonymously or otherwise, by telephone in a manner intended to harass or threaten bodily injury or property damage, or make any comment, request, suggestion, or proposal by telephone which is obscene;
    6. Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation;
    7. Makes repeated communications at inconvenient hours or in offensively coarse language; or
    8.  Repeatedly insults, taunts, or challenges another in a manner likely to provoke a violent or disorderly response.
  2. As used in this Section, unless the context otherwise requires, “obscene” means a patently offensive description of ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions.
  3. As used in this Section, unless the context otherwise requires, “annoy” means to irritate with a nettling or exasperating effect.
  4.  As used in this Section, unless the context otherwise requires, “alarm” means to arouse to a sense of danger, to put on the alert, to strike with fear, to fill with anxiety as to threaten danger or harm.
  5. Any act prohibited by paragraphs 5., 6., and 7. of subsection A. of this Section may be deemed to have occurred or to have been committed at the place at which the telephone call was either made or received.
  6. Show 9.16.030 Disorderly conduct
9.16.030 Disorderly conduct

It shall be unlawful for any person to commit disorderly conduct. A person commits disorderly conduct if he intentionally, knowingly, or recklessly:

  1. Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture or display tends to incite an immediate breach of the peace;
  2. Makes unreasonable noise in a public place or near a private residence that he has no right to occupy;
  3. Abuses or threatens a person in a public place in an obviously offensive manner;
  4. Urinates or defecates in any public place not designed for such purpose;
  5. Exposes his genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person;
  6. Fights with another in a public place except in an amateur or professional contest of athletic skill;
  7. Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting; or
  8. Not being a peace officer displays a deadly weapon in a public place in a manner calculated to alarm.

It is an affirmative defense to prosecution under subsection A. 3. of this Section that the actor had significant provocation for his abusive or threatening conduct.

9.5.107 Assault and battery
  1. It shall be unlawful for any person to intentionally, knowingly, or recklessly assault, strike, fight, or injure the person of another, except in an amateur or professional contest of athletic skill.
  2. “Assault” as used in this Section shall mean an attempt, coupled with a present ability, to commit a bodily injury upon the person of another.
9.16.050 Hazing
  1. It shall be unlawful for any person to engage in hazing. “Hazing” means any activity by which a person recklessly endangers the health or safety of or causes a risk of bodily injury to an individual for purposes of initiation or admission into or affiliation with any student organization; except that “hazing” does not include customary athletic events or other similar contests or competitions, or authorized training activities conducted by members of the armed forces or the State or the United States.
  2. Hazing includes but is not limited to:
    1. Forced or prolonged physical activity,
    2. Forced consumption of any food, beverage, medication, or controlled substance, whether or not prescribed, in excess of the usual amounts for human consumption or forced consumption of any substance not generally intended for human consumption; or
    3. Prolonged deprivation of sleep, food, or drink.
9.16.060 Menacing

A person commits the offense of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury.

9.16.070 Reckless endangerment

A person who recklessly engages in conduct which creates a substantial risk of serious bodily injury to another person commits the offense of reckless endangerment.

9.16.080 Criminal use of a noxious substance

It shall be unlawful for any person to deposit on the land or in the building or vehicle of another, without his consent, any stink bomb or device, irritant, or offensive smelling substance with the intent to interfere with another’s use or enjoyment of the land building, or vehicle. It shall be an affirmative defense that a peace officer in the performance of his duties reasonably used a noxious substance.

9.16.090 Aiding or abetting a minor

It shall be unlawful for any person to knowingly permit, aid, abet, or encourage any minor or child in the violation of any of the provisions of this Code.

9.16.100 Other offenses

In addition to the offenses described in this Chapter, other offenses within the Town relating to public peace and order shall include any place where people congregate which encourages the disturbance of the peace, or where the conduct of persons in or about that place is such as to annoy or disturb the peace of the occupancy of or persons attending such place or the residences in the vicinity or the passers-by on the public streets or highways; any public or private place or property which encourages professional gambling, unlawful use of drugs, unlawful sale and distribution of drugs, furnishing or selling intoxicating liquor to minors, solicitation for prostitution, or trafficking in stolen property; and all loud or unusual noises and annoying vibrations which offend the peace and quiet of persons of ordinary sensibilities.