New Disorderly Conduct Ordinance Adopted by the Commissioners


Posted: Mar 21, 2017
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At the request of the Sheriff’s Department and Magistrates Court the County Commissioners adopted an ordinance dealing with disorderly conduct and juvenile curfews.  The ordinance is a result of the collaboration of the State Court, Magistrates Court, Sheriff’s Department, Solicitor’s Office and County Attorney.  It is intended to give the deputy more discretion in dealing with situations.  This ordinance allows a citation to be issued in cases that do not justify an arrest.  A copy of the full ordinance can be found by reading the full story.  It can be downloaded at the Administration page on this site.

ORDINANCE 17-05

 

DISORDERLY CONDUCT AND MISCELLANEOUS OFFENSES

AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF BURKE COUNTY,


GEORGIA AMENDING THE CODE OF ORDINANCES OF BURKE COUNTY, CHAPTER 28 OFFENSES AND MISCELLANEOUS PROVISIONS; BY ADDING THERETO, ARTICLE III, DISORDERLY CONDUCT AND MISCELLANEOUS OFFENSES.

Section 1. Be It Ordained by the Board of Commissioners of Burke County, Georgia that the Code of Ordinances of Burke County, Georgia, Chapter 28 OFFENSES AND MISCELLANEOUS PROVISIONS is hereby amended by adding ARTICLE III. DISORDERLY CONDUCT AND MISCELLANEOUS OFFENSES to read as follows:

ARTICLE III. DISORDERLY CONDUCT AND MISCELLANEOUS OFFENSES.

Section 28-40. Disorderly Conduct.

A person shall be guilty of disorderly conduct if he or she: 

 

1.      Acts

in a violent or tumultuous manner toward another, whereby any person is placed in fear of safety for his life, limb or health or whereby public property or property of any other person is placed in danger of being destroyed or damaged;

2.      Endangers

lawful pursuits of another through acts of violence, angry threats and abusive conduct:

3.      Assembles

or congregates with another or other persons for the purpose of causing, provoking or engaging in any fight or brawl;

4.      Assembles

or congregates with another or other persons for the purpose of or with theintent to engage in gambling;

5.      Frequents

any public place with the intent to obtain money from another by an illegal andfraudulent scheme, trick, artifice or device;

6.      Assembles

with another or other persons for the purpose of engaging in any fraudulent scheme, device, or trick to obtain any valuable thing in any place or from any person in the county, or aids or abets therein or assembles or congregates with another or other persons for the purpose of doing bodily harm to another

7.      Utters,

while in a state of anger, in the presence of another, any lewd or obscene words or epithets;

8.      Frequents

any place where gambling or the illegal sale or possession of alcoholic beverages or narcotics or dangerous drugs is openly practiced, allowed or tolerated;

9.      Uses

“fighting words” directed toward any person who becomes outraged and thus creates turmoil;

10.  By

acts of violence, interferes with another’s pursuit of a lawful occupation;

11.  Congregates

with another or others in or on any public way so as to halt the free flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered to do so by a peace officer or other person having authority;

12.  Makes

an unreasonably loud and unnecessary noise to the disturbance of the peace of the surrounding area or neighborhood;

13.  Damages,

befouls or disturbs public property or the property of another so as to create a hazardous, unhealthy or physically offensive condition;

14.  Consumes

alcoholic beverages on any public street, sidewalk, or any other public property within the county. Possession of an open containers of alcoholic beverages or containers with the seal broken shall be prima facie evidence of the consumption;

15.  Consumes

alcoholic beverages, in a vehicle or not, on any public or private parking lot with the county, except those maintained at establishments holding a valid on-premises license for retail sale of alcoholic beverages. Possession of open containers of alcoholic beverages or containers with the seal broken shall be prima facie evidence of the consumption.

Section 28-41. Disorderly House Prohibited.

It shall be unlawful for any person to permit disorderly assemblages, or assemblages of persons for illegal purposes in his house to the disturbance of citizens residing in the neighborhood or area.

Section 28.42. Frequenting disorderly houses or houses of ill fame.

Any person who, by visiting or frequenting disorderly houses or houses of ill fame, shall disturb any citizen of the county, shall be guilty of disorderly conduct.

Section 28.43.


Loitering or prowling

A person commits the offense of loitering or prowling when he is in a place at a time or in a manner not usual for law abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

Among the circumstances which may be considered in determining whether alarm is warranted under this section is the fact that the person takes flight upon the appearance of a law enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances make it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer failed to comply with the foregoing procedure or if it appears at trial that the explanation given by the person was true and would have dispelled the alarm or immediate concern.

Section 28.44.


Property damage or destruction, trespass.

No person shall write, draw, cut, print or carve any letter, word, device or figure upon, or in any manner mutilate, deface, or injure any of the public or private buildings, churches, monuments, tombstones, fences, trees, shrubbery, or other private or public property, or trespass upon any public or private premises.

Section 28.45. Gambling

It shall be unlawful for two or more persons to congregate, assemble or come together for the purpose or intent of gambling, playing and betting for money or other things of value, at any game played with cards, dice or balls.

Section 28.46. Opposing,


obstructing, or abusing a county officer. 

It shall be unlawful for any person to oppose, obstruct, molest, or abuse any officer or employee of this county in the execution of his duty, or for having performed his/her duty. 

 

Section 28.47. Failure


to supervise a minor-parental responsibility.

A person commits the offense of “failing to supervise a minor” if the person is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child under 17 years of age, a juvenile as defined by the Official Code of Georgia, and the child has been found in violation of any provision of the Code for the County of Burke, Georgia or any violation of the State Criminal Code. 

 

Section 28.48. Juvenile


Evening Curfew 

Definitions. For the purpose of this section, the following definitions shall apply:

Emergency Errand means a mission that results from an unforeseen combination of circumstances that call for immediate action. The term “emergency errand” includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

Minor means any un-emancipated person under the age of 18.

Persons having lawful


custody or control includes, in addition to the parent or guardian of the person of the minor, any person who is over 21 years of age or any public or private agency or other legal entity authorized by a parent, guardian of the person of the minor, or court to have the custody or control of such child. 

Public Place means any place to which the public has access and includes, but is not limited to, public streets, highways, roads, alleys, parks, eating establishments, playgrounds, malls, or other places or buildings open to the public; any cemeteries, school yards, bodies of water or watercourses; any privately or publicly owned places of amusement, entertainment, or public accommodation including parking lots; and any vacant lot or land. 

 

Hours of curfew;


exceptions.  It shall be unlawful for any minor under the age of 18 years to loiter, stroll, or play in any public place unsupervised by his/her parent, legal guardian, or other adult over the age of 21 years having the lawful custody or control of the minor and having lawful authority to be at such places, between the hours of 11:00 p.m. and 5:00 a.m. on weekdays (not to include Friday) and Sunday evening; provided however, that on Friday and Saturday evening the effective curfew hours are between 12:00 midnight and 5:00 a.m.; and provided further that the provision of this section shall not apply in the following circumstances:

 

1.      When

a minor is accompanied by his/her parent, guardian, or other adult over the age of 21 years having the lawful custody or control of the minor;

2.      When

the minor is upon an emergency errand as directed by his/her parent, guardian, or other adult over the age of 21 years having the lawful custody or control of the minor;

3.      When

the minor is traveling to, or returning directly from home from, lawful employment that makes it necessary to be in the above-referenced places during the proscribed period of time;

4.      When

the minor is attending an official school, religious, or recreational activity  or any activity involving the exercise of first amendment rights of free speech, freedom of assembly, or free exercise of religion, provided such activity is supervised by adults and sponsored by an entity which takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or recreational activity involving the exercise of first amendment rights of free speech, freedom of assembly, or free exercise of religion, provided such activity is supervised by adults and sponsored by an entity that takes responsibility for the minor.

5.      When

the minor is engaged in interstate and intrastate vehicular travel through the city with parental or guardian consent; or

6.      When

the minor is legally emancipated.

Section 28.49.  Parent, guardian, or other person having


custody or control of child to permit minor’s violation prohibited. 

It shall be unlawful for the parent/ guardian of the person of the minor, or other person having lawful custody or control of any child under the age of 18 years to permit, or by insufficient control, to allow such minor to violate the provisions of this article. A person charged with violation of this section for the first time shall be given a warning citation. Upon subsequent violation, the person shall be charged with such violation. 

 

Section 28.50. Jurisdiction. 

Any minor under the age of 17 who violates the provisions of this article shall be subject to the jurisdiction of the Juvenile Court of Burke County, Georgia. Any parent, guardian, or other person having custody or control of a minor who violates this article shall be subject to the jurisdiction of Magistrate Court.

Section 28.51. Interference


with an officer. 

It shall be unlawful for any person to directly or indirectly interfere with or prevent, or attempt to prevent, any peace officer, in any arrest, or in the discharge of any other duty, or to strike or attempt

to strike such officer. This section shall be held to include any resistance or opposition offered to the officer when such officer is attempting to make an arrest, or executing any process which he may be authorized or directed to execute, whether or not such party so offering resistance or opposition is the party that such officer is attempting to arrest or on whom such officer is attempting to execute the process.

Section 28.52. Definitions.


The following words, terms and phrases shall, for the purpose of this chapter, have the following meaning:

Employee shall mean an individual, including the Sheriff, jailers, deputies, bailiffs and dispatchers employed by the Burke County Sheriff’s Office whose work is performed under the supervision of the Burke County Sheriff’s Office and the Burke County Commission.

Section 28.53. Violation


and penalty. 

Any person, agency or other legal entity violating the article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine in the amount of $1,000.00 or imprisonment for 180 days or both, provided the judge shall probate not less than 120 days of any sentence imposed, and further provided, however, that a person under 17 years of age shall be referred to the juvenile court of the county in which the crime was committed for disposition pursuant to O.C.G.A, Title 14, Ch. 11, Art. 6.


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