9.28.010 Offenses designated.
A. A person is guilty of disorderly conduct if, with a purpose to cause public danger, alarm, disorder, nuisance, or if with the knowledge that he is likely to create such public danger, alarm, disorder or nuisance, he wilfully:
1. Creates a disturbance of the public order by an act of violence or by any act likely to produce violence; or
2. Engages in fighting or in violent, threatening or tumultuous behavior; or
3. Makes any unreasonably loud noise; or
4. Addresses abusive language or threats to any person present which creates a clear and present danger of violence; or
5. Causes likelihood of harm or serious inconvenience by failing to obey a lawful order of dispersal by a police officer, where three or more persons are committing acts of disorderly conduct in the immediate vicinity; or
6. Damages, befouls, or disturbs public property or property of another so as to create a hazardous, unhealthy or physically offensive condition; or
7. Commits a trespass on private or public property. Trespass, for the purpose of this chapter, means:
a. Every person knowing that he is not licensed or privileged to do so who enters or remains in any building or occupied structure or separately secured or occupied portion thereof, including but not limited to publicly owned or occupied buildings, structures or portions thereof, is guilty of criminal trespass;
b. Every person knowing that he is not licensed or privileged to do so who enters or remains in any public or private place or on any public or private premises as to which notice against trespass thereon is given by the owner or some other authorized person, through (i) actual communication to the actor, or (ii) posting in a manner prescribed by law or reasonably likely to come to the attention of intruders, or (iii) fencing or other enclosure manifestly designed to exclude intruders, is guilty of a criminal trespass;
c. Every person knowing that he is not licensed or privileged to remain, who defies an order to leave public or private places or public or private premises communicated to him by the owner of the place or premises or by some other authorized person, is guilty of criminal trespass.
B. It is a defense to prosecution for criminal trespass under this subdivision that:
1. The building or occupied structure referred to in subsection (A)(7)(a) above was abandoned; or
2. Any place or premises referred to in this section, was at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or
3. The actor reasonably believed that the owner of any of the places or premises referred to in this section or any other person empowered to license access thereto would have licensed him to enter or remain; or
4. The actor had possession of the premises originally under a landlord-tenant relationship or as mortgagor or vendee on a real estate contract.
C. This chapter shall not apply to peaceful picketing, public speaking or other lawful expressions of opinion not in contravention of other laws. (Ord. 554, 1985).