§ 62-38. Disturbing the peace.

(a)

Disturbing the peace is the doing of any of the following in such manner as would foreseeably disturb or alarm the public:

(1)

Engaging in a fistic encounter: or

(2)

Addressing any offensive, derisive, or annoying words to any other person who is lawfully in any street, or other public place; or call him by any offensive or derisive name, or make any noise or exclamation in his presence and hearing with the intent to deride, offend, or annoy him, or to prevent him from pursuing his lawful business, occupation, or duty; or

(3)

Appearing in an intoxicated condition; or

(4)

Engaging in any act in a violent and tumultuous manner by any three or more persons; or

(5)

Holding of an unlawful assembly; or

(6)

Interruption of any lawful assembly of people; or

(7)

Intentionally engaging in any act or any utterance, gesture, or display designed to disrupt a funeral, funeral route, or burial of a deceased person during the period beginning 120 minutes before and ending 120 minutes after the funeral or burial, within 300 feet of the funeral or burial.

(8)

a.

Intentionally blocking, impeding, inhibiting, or in any other manner obstructing or interfering with a funeral route.

b.

Intentionally blocking, impeding, inhibiting, or in any other manner obstructing or interfering, within 500 feet, with access into or from any building or parking lot of a building in which a funeral or burial is being conducted, or any burial plot or the parking lot of the cemetery in which a funeral or burial is being conducted, during the period beginning 120 minutes before and ending 120 minutes after the funeral or burial.

(b)

(1)

Whoever commits the crime of disturbing the peace shall be fined not more than $100.00 or imprisoned for not more than 90 days, or both.

(2)

Whoever commits the crime of disturbing the peace as provided for in paragraphs (a)(7) and (8) of this section shall be fined not more than $500.00 or imprisoned for not more than six months, or both.

(c)

For purposes of paragraphs (a)(7) and (8) of this section:

(1)

"Funeral" includes a funeral, funeral home viewing, wake, or memorial service.

(2)

"Funeral route" means the route of ingress or egress from the location of a funeral or burial, including 30 feet from the outer edge of the outside lane of the route.

(City Code 1965, § 10-38; Ord. No. O-324-97, § 1, 10-7-97; Ord. No. O-020-2006, § 2, 2-21-06; Ord. No. O-113-2014, § 2, 7-1-2014)

State law reference

Similar provisions, R.S. 14:103, 14:103.1.

Editor's note

Ord. No. O-113-2014, § 2, adopted July 1, 2014, changed the title of § 62-38 from "Disturbing the peace and disorderly conduct" to "Disturbing the peace."