M-3 OFFENSES AGAINST PUBLIC ORDER

M-3-1 DISORDERLY CONDUCT

A person is guilty of disorderly conduct if he:

A. Creates a disturbance of the public order by an act of violence or by an act likely to produce violence.

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B. Engages in fighting, or in violent, threatening, or tumultuous behavior.

C. Willfully makes any unreasonable loud noise with the purpose to cause public danger or alarm.

D. Addresses abusive language or threats to any person present which creates clear and present danger of violence.

E. Causes likelihood of harm or serious inconvenience by failing to obey a lawful order of dispersal by a local law enforcement officer, where three (3) or more persons are committing acts of disorderly conduct in the immediate vicinity.

F. Damages, befouls, or disturbs public property or property of another so as to create a hazardous, unhealthy, or physically offensive condition.

G. Hinders, annoys, or molests persons passing along any street, sidewalk, crosswalk, or other public way, or loiters, sits, or stands around the entrance of any church, theater, public building, or other place of public assemblage in any manner so as to unreasonably obstruct such entrance.

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H. Assembles together with two (2) or more persons with intent to do any unlawful act with force or violence against the person or property of another, and who makes any overt act to carry out such unlawful purpose.

I. Disturbs, threatens, or in any insolent manner intentionally touches any house or vehicle occupied by any person.

Authority: SDCL 9-29-3, 22-13-1

M-3-2 DISTURBING THE PEACE

It is unlawful for any person to cause or instill terror, panic, or violent reactions in one or more other persons, or to create or aid in creating a state of pandemonium, by any of the following means:

A. Verbal invitation to physical conflict, fistfight, or dueling of any violent nature.

B. Training, pointing, aiming, or brandishing a cutting instrument, firearm, club, or other item suited for injury by striking, whip, bottle, chain, sap, or brass knuckles at another person, accompanied by verbal or nonverbal expression of intent to cause imminent destruction.

C. Expressions of alarm of a type that commonly causes prompt evacuation of a premises when there is no factual basis for such exclamations.

D. Apparent release of dangerous creature or agent, or a facsimile of such a dangerous creature or agent, or bringing such creature, agent, or facsimile thereof within close or dangerous proximity to a person.

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Authority: SDCL 9-29-3

M-3-3 OBSTRUCTION OF OFFICER

It is unlawful for any person to touch, restrain, impede, hinder, obstruct, or interfere in any manner with any local law enforcement officer, fireman, ambulance attendant, or any employee of the City when on active duty, identified or uniformed, and discharging his duties pursuant to employment.

Authority: SDCL 22-11-6

M-3-4 CONCEALABLE WEAPONS

It is unlawful to carry, wear or possess upon the person a concealable weapon in any place open to the public, within the jurisdiction of the City of Fort Pierre. This provision shall not apply to individuals possessing a concealable weapon in their own dwelling house, place of business, or land owned or rented by them or a member of their household. It further shall not apply with respect to handguns in the possession of an individual who has been licensed to carry the same in accordance with the laws of the State of South Dakota.

It is unlawful to carry, wear, or possess upon the person a concealable weapon on the premises licensed for the sale of alcoholic beverages or beer. This provision shall not apply to the liquor licensee or agents of such licensee in the course of employment.

For purposes of this section, a concealable weapon includes, but is not limited to a club, sap, blackjack; brass or aluminum knuckles, or any apparatus commonly utilized or designed principally for purposes of engaging in combat or in the martial arts. Swordcanes, pushdaggers, boot knives, icepicks, and straight razors are specifically included within this definition, and whether or not the item is in fact concealed is irrelevant to the prohibitions contained in this section.

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Authority: SDCL 9-29-1, 9-29-2

M-3-5 DISCHARGE OF FIREARMS

It shall be unlawful for any person to discharge any firearm within the City of Fort Pierre except the City Council may permit the hunting of upland game birds and waterfowl, with a shotgun, within certain designated areas inside the city limits, upon resolution approved and adopted by the City Council and in accordance with the laws and regulations of the State of South Dakota.

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Authority: SDCL 9-29-1

M-3-6 DISCHARGE OF BB OR PELLET PROPELLING DEVICE

It shall be unlawful for anyone under the age of sixteen (16) years to shoot or discharge any air rifle, air gun, BB gun, pellet gun, CO2, or sling shot device or use for any purpose any such device for forcing through the air BB’s or pellets of any character whatsoever within the corporate limits of the City of Fort Pierre without immediate adult supervision.

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Authority: SDCL 9-29-2

M-3-7 BRIDGES

It is unlawful for any person to jump or dive from any Bridge structure including Train Bridges, Automobile Bridges or Recreational Bridges within the City of Fort Pierre.

M-3-8 PENALTY

Any person in violation of any section within this chapter shall be guilty of a misdemeanor and upon conviction shall be penalized as provided in chapter T. Each day’s violation, failure, refusal, or neglect to comply with any provision of this code or regulation promulgated thereunder shall constitute a separate and distinct offense.

Authority: SDCL 9-19-3

M-3-9 SEVERABILITY

If any provision of this chapter is declared unconstitutional or the application of this chapter to any person or circumstance is held invalid or unconstitutional, the remainder of this chapter and applicability thereof to other persons or circumstances shall not be affected thereby.