§ 62-5. Disorderly conduct.

(a)

"Disorderly conduct" shall mean the commission of such words, acts and conduct upon public property, upon private property that is licensed by the city to conduct business or to provide services to the general public, or within the curtilage of any private residence not his own other than by invitation of the owner or lawful occupant, which under ordinary circumstances will naturally tend to disturb the public peace, tranquility or decorum, or shock the public sense of morality. Any person who engages in an act of disorderly conduct shall be guilty of an offense against the city.

(b)

For purposes of this section, the following specific acts and conduct shall be deemed a violation of this section:

(1)

Fighting by two or more persons to the disturbance of the public tranquility or decorum;

(2)

Use of obscene, vulgar, opprobrious or abusive language, without provocation, which by its very utterance tends to incite an immediate breach of the peace, that is to say, words which as matter of common knowledge and under ordinary circumstances will, when used to another person in the presence of the speaker, tend to provoke violent resentment, that is, words commonly called "fighting words";

(3)

Being and appearing in an intoxicated condition which is outwardly made manifest by boisterousness, by indecent condition or act, or by loud, vulgar, profane, opprobrious, abusive or unbecoming language, which by its very utterance tends to incite an immediate breach of the peace;

(4)

Obstruction of any sidewalk, passage or parking area in such a way as to render it impassable without reasonable inconvenience or hazard and the failure or refusal to remove such obstruction upon being lawfully commanded to do so by a police officer;

(5)

Engaging in boisterous, noisy, drunken or carousing acts, after receiving oral warning from a police officer that such activities have caused complaint or disturbance of the neighborhood or of orderly citizens.

(c)

Nothing contained in this section shall be construed to prevent the peaceful assembly of citizens in a lawful manner, the free exercise of protected speech, nor shall the mere possibility of disorder justify the exclusion of persons otherwise entitled to be present.

(d)

Any person charged with a violation of this section shall have the right, upon written demand filed with the clerk of the municipal court, to a jury trial, upon a finding by the municipal court that probable cause exists to bind the case over to the appropriate state court.

(Code 1986, § 14-5)

State law reference

Offenses against public order, O.C.G.A. § 16-11-30 et seq.