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Clayton County Municipal Code: Disorderly Conduct

Sec. 62-9. - Disorderly conduct.

(a) A person commits the offense of disorderly conduct when such person commits any of the following:

(1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person's life, limb, or health;

(2) Acts in a violent or tumultuous manner toward another person whereby the property of such person is placed in danger of being damaged or destroyed;

(3) Without provocation, uses to or of another person, in such other person's presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace; that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person's presence, naturally tend to provoke violent resentment; that is, words commonly called "fighting words";

(4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace;

(5) Recklessly or knowingly commits any act which may reasonably be expected to prevent or disrupt a lawful meeting, gathering, or procession;

(6) Appears in a public place, under the influence of intoxicating beverages or drugs, and manifests such intoxication by acting in a violent and tumultuous manner, or by acting in a loud and boisterous manner. As used in this Code section, "public place" shall be defined as that defined in Title 16 of the Official Code of Georgia Annotated; and

(7) Obstruction of any highway, road, street, 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 law enforcement officer.

(b) The term "property," as used in this section, shall be defined as any item of realty or personalty in which another has an interest of any type. Such interest shall include, but not be limited to, an interest created by legal title, equitable interest, divided or otherwise, an interest created by a certificate of stock, an interest created by a contract for insurance, direct ownership or such other interest.

(c) A person engaged in disorderly conduct commits an offense against the county. The offense shall be treated as a misdemeanor. In addition, a fee of $100.00 may accompany any treatment or punishment of an offender for supervisory purposes.

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

(e) Law enforcement officers shall have the authority to arrest for a violation of this section pursuant to O.C.G.A. § 15-10-62.

(f) Pursuant to O.C.G.A. § 15-10-63.1, the chief magistrate of this county may establish a schedule of cash bonds for the personal appearance in court of any person charged with a violation of this section.

(Ord. No. 95-127, § 1, 11-21-95)