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HomeMy WebLinkAboutOrd1973-396 ATI'ACHED TO AND IVlADE A PART OF THE MINUTES OF THE SEWARD CITY COUNCIL VOLUME 16 - PAGE 31 CITY OF SEWARD, ALASKA ORDINANCE NO. 396 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, CREATING SECTION IS-7A OF THE SEWARD CITY CODE RELATING TO THE REGULATION OF DISORDERLY CONDUCT. THE CITY OF SEWARD ORDAINS: Section 1. That Section 15-7A is hereby created to reael as follows: Sec. IS-7A. Disorderly Conduct. (a) A person who does any of the following is guilty of disorderly conduct: (1) In a public place, repeatedly or continuously shouts, blows a horn, plays a musical or recording or ampli- fying instrument, or otherwise generates loud noises intending to disturb or acting with reckless disregard for the peace and privacy of others, or, in a private place, engages in the same conduct with the same intent or reck- less disregard, having been informed by another that the conduct is disturbing the peace and privacy of others not in the same place; (2) In a public place, when a criminal offense has occurred, refuses to comply with a lawful order of the police to disburse, or in a private place refuses to compl;, with an order of the police to leave a premises in which he has neither a right of occupancy nor the expressed invitation to remain of the person having the right of possession; (3) In a public or private place, chal- lenges another to fight, or engages in fighting other than in self-defense; or (4) In a public or private place, knowingly or recklessly creats a hazardous condition for others by an act which has no legal justification or excuse. (b) Upon conviction, a person who is guilty of disorderll conduct is punishable by a fine of net more than $300.00 or by imprisonment for not more than ten days, or by both. (c) In a prosecution under (a)(l) of this section ! A'ITACHED 'ID AND MADE A PART OF THE MINUTES OF THE SEWARD CITY COUNCIL VOLUME 16 - PAGE 31 (l) If the loud noise constitutes speech, the content of speech or evidence of specific words used by the defendant is admissible in evidence against him only as permitted by court rule; (2) "Loud noise" in a public place means noise which is loud enough to inhibit the ability of the average person in the same place to speak freely and to easily hear another who is speaking freely as an average person would be able to do in the absence of the "loud noise" without leaving the public place; (3) "Loud noise" in a private place means nvise wbich is loud enough to awaken the average person sleeping in a place other than the private place. Cd) In this section, a "public place" is a place where the public is permitted to assemble, enter, or pass through, whether publicly or privately maintained, including but not limited to places of accommodation. transportation, business and entertainment, or any other place which is not a private place. Section 2. That this ordinance takes effect i..e- di.t~ly upon passage and approval. PASSED AND APPROV~D by the City Council of the City of Soward, Alaska, this day of U7 . - v O"W"~ , ,.1' '~'r' [' J '. ~ J..J " "'. .f F~'~ :01.4 l .~, ''>; " ' :':., _i~ MAYOR FIRST READING: SBCOND RBADING: ADOPTION: AYBS: NOBS: ABSBNT: " vu:,rn:l., . ..':.' ~;.~ ~~ ~'J t .. ,;' ~d l~ L.. .l: L f~B .If'."",~ Clty Clerk APPROVED AS TO PORM: HUGHES, THORSNESS, LOW!, GANTZ a CLARI, Attorneys for the Cfty of Seward \ .' 8 Ij.. By .' ~>J~1~S~ \..' \. -2- l