Over the past several weeks, officers have been monitoring the activities at the park, and attempting to identify key persons involved in the amount of disturbances taking place.
In response to the ongoing disturbances, officers will be enforcing the ordinances necessary to quell the ongoing breaches of the peace, including the City’s “Disorderly Conduct” law. In an effort to ensure everyone is aware of what to expect, the ordinance reads as follows:
“Any person who, with intent to provoke a breach of the peace OR where a breach of the peace has been occasioned, commits the following act shall be deemed to have committed the offense of Disorderly Conduct:
“Any person who, with intent to provoke a breach of the peace OR where a breach of the peace has been occasioned, commits the following act shall be deemed to have committed the offense of Disorderly Conduct:
1. Congregates with others on a public street and refuses to move on when ordered by the police.
2. Congregates with others on a public parking lot and refuses to move on when ordered by the police.”
Generally in ordinance when a “public street” is referenced, it refers to public access areas, such as parks, cemeteries, streets, sidewalks, and other areas owned by the City for public use, and not solely what is commonly recognized as a “street” in terms of vehicular traffic.
Also, whether the persons ordered to leave are currently engaged in illegal activity or not is irrelevant with regards to the validity of the order to disperse, and refusing to obey the order will result in a citation and/or possible arrest.
Officers will be enforcing this ordinance to the level we feel is necessary to quell any further breaches of the peace at Dick Smith Park as well as other locations.
Officers will be enforcing this ordinance to the level we feel is necessary to quell any further breaches of the peace at Dick Smith Park as well as other locations.
We want our parks to be family-friendly, drug free areas and groups which we suspect are counter to that goal based on observations and interactions with law enforcement or on complaints which may come in, will be ordered to leave. We will continue active enforcement of this and other ordinances until such time as it has been determined that any further breaches of the peace have been quelled.
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