Chapter 9.16
DISTURBING THE PEACE
Sections:
9.16.020 Fighting – Threatening.
9.16.040 Throwing objects prohibited.
9.16.070 Offensive, indecent entertainment.
9.16.090 Lookouts for illegal acts.
9.16.010 Noise.
It is a class C misdemeanor for any person to disturb the peace or quiet of any neighborhood, family or person by loud or unusual noises, or by tumultuous or offensive conduct. [Code 1986 § 13-30-3-01.]
9.16.020 Fighting – Threatening.
It is a class C misdemeanor for any person to threaten physical force against another person or to challenge, invite or engage in a fight. [Code 1986 § 13-30-3-02.]
9.16.030 Loudspeakers.
A. It is an infraction for any person to maintain, operate, connect or suffer to permit to be maintained, operated or connected any calliope or radio apparatus, sound device or any talking machine or loudspeaker attached thereto in such a manner that the loudspeaker or amplifier causes the sound from such radio apparatus or sound device or talking machine to be projected directly therefrom outside of any building, vehicle or out-of-doors; provided, that the marshal may grant a permit to so broadcast any events or happenings of cultural, political, intellectual or religious interest. Every person desiring a permit to so broadcast shall make application, file a statement showing the place where he proposes to broadcast, the times and probable duration, and the nature, topics or titles of said broadcast. Said permit shall not be arbitrarily denied and when an application for a permit is denied, the marshal shall set forth in writing and with particularity the grounds for so denying the application for a permit.
B. Nothing herein contained shall be construed to prevent the operation of a radio apparatus, sound device, amplifier or talking machine used in a reasonable manner by any person within any building, vehicle or structure even though the sound therefrom may be heard on the outside of such building, vehicle or structure; provided, that the said apparatus, sound device, amplifier or talking machine shall not project the sound therefrom directly outside of any building, vehicle or out-of-doors; and provided further, that no such apparatus, sound device, amplifier or talking machine is in any way fastened to or connected with any outside wall or window in any building, vehicle or structure so that sound therefrom is projected outside of such wall or window. [Code 1986 § 13-30-3-03.]
9.16.040 Throwing objects prohibited.
Every person who willfully or carelessly throws any stone, stick, snowball or other missile whereby any person is hit or any window broken or other property injured or destroyed, in such manner as to render travel upon the public streets and places dangerous, or in such manner as to frighten or annoy any traveler, is guilty of an infraction. [Code 1986 § 13-30-3-04.]
9.16.050 Vulgar language.
It shall be a class C misdemeanor for any person to use vulgar, profane, or indecent language on any public street or other public place or in any public dance hall, club dance, skating rink, or place of business open to public patronage. [Code 1986 § 13-30-3-05.]
9.16.060 Indecent exposure.
A. It shall be a class B misdemeanor for any person over eight years of age to indecently expose his body in public.
B. For the purpose of this section:
1. “Indecent exposure” means:
a. The exposed male genital or the covered male genital shown in a discernible turgid state.
b. The exposed female genital or female breasts which are not covered with an opaque covering below a point immediately above the top of the nipple (or the breast with only the nipple covered).
2. “Public” means any place open to or frequented by the public or which may be seen from any place open to or frequented by the public and includes private clubs, associations or other places where the public frequents. [Code 1986 § 13-30-3-06.]
9.16.070 Offensive, indecent entertainment.
It shall be unlawful for any person to hold, conduct or carry on, or to cause or permit to be held, conducted or caused any motion picture, exhibition or entertainment of any sort which is offensive to decency, or which is of an obscene, indecent or immoral nature, or so suggestive as to be offensive to the moral sense. [Code 1986 § 13-30-3-07.]
9.16.080 Window peeping.
It shall be a class C misdemeanor for any person to look, peer, or peep into or be found loitering around or within view of any window within a building occupied as the residence of another with the intent of watching or looking through the window to observe any person undressed, or in the act of dressing or undressing. [Code 1986 § 13-30-3-08.]
9.16.090 Lookouts for illegal acts.
It shall be a class C misdemeanor for any person to act as a guard or lookout for any building, premises, or establishment used for gambling, for illegal sale or purchase of intoxicating liquors, or for any person soliciting, offering or engaging in prostitution, gambling or any other form of vice, or illegal act, or any prostitute, on any street or sidewalk. Nor shall any person give any signal intended to or calculated to warn or give warning of the approach of any peace officer to any person in or about such building or premises or place mentioned herein. [Code 1986 § 13-30-3-09.]