Re: Re: Altanta Protest Arrests (Legal info)
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The Code of the County of DeKalb, Georgia can be found at http://www.municode.com/Resources/gateway.asp?pid=10637 &sid=10
Public Gathering. Sec. 16-92. Public meetings. (a) Nothing in this article shall be interpreted as prohibiting use of county property for meeting purposes by citizens of the county, provided such meetings are to be held at a time which will not interfere with regular and/or official county admi
nistrative business, and that no unusual maintenance and security costs will be placed upon the county; provided, further, that written consent shall have been first obtained from the chief executive. (b) As an exception to subsection (a) of this section, there shall be designated a location withi
n the courthouse campus area which may be used as a public forum under peaceful and lawful conditions, at the will of any citizen, provided such assembly does not interfere with county business or encumber any person having or desiring to conduct business in the county facilities. The subject area s
hall be identified by the chief executive and shall be subject to change as conditions necessitate. Sec. 17-211. Definition. In this article "parade" means an assemblage of persons, groups of persons, vehicles, bands, floats or devices gathered together in public with some circumstance of show and
shall not include a funeral procession or an assemblage of public officials gathered for any purpose in the public interest. (Code 1976, § 8-11018) Sec. 17-221. Required. It shall be unlawful for any person or group of persons to hold or participate in a parade in the unincorporated area of the co
unty, without first securing a parade permit from the county. (Code 1976, § 8-11019) Noise Ordinance. Sec. 16-58. Disorderly conduct. (a) It shall be unlawful for any person to act in a loud and boisterous, reckless, unruly or violent manner for the purpose of insulting, degrading, or incitin
g another or a group of individuals in a public place. (b) It is not the intent of this section to restrict any individual's right to free speech. (Ord. No. 90-32, § 1, 8-14-90) (((Might have a case there, Freedom of speech!))) This one wasn't exactly verifiable, as it comes from www.dunwood
ynorth.org/zoning Noise DeKalb Ordinance (Chapter 16/Art III/Div 1/Sec 16-46) (a) It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual sound or noise which either annoys, disturbs, injures or endangers the comfort, repose, health,
peace or safety of others in the county, and which is audible to a person of normal hearing ability more than fifty (50) feet from the point of origin of the sound or noise. But there seems to be evidence of support, here, Sec. 16-46. Reserved. Editor's note: Ord. No. 06-04, Pt. I, adopted July
13, 2004, repealed former § 16-46 of the Code, which pertained to noise and derived from the 1976 Code, § 10-2002. However, I haven't found Ord. No. 06-04.... I don't know what list they are talking about. This might be of great help, if you are in DeKalb County, and the Co$ sends picketers
to your house... Sec. 16-28. Residential picketing prohibited. (a) It shall be unlawful for any person to engage in picketing upon, before, or about the private residence or home of any individual. (b) Picketing shall include, but not be limited to, the following types of activity: (1) Stagin
g a public or private protest of any kind. (2) Obstructing passage to or from a residence. (3) Promoting a strike or a boycott at a residence. (4) To intimidate or otherwise harass the resident. (c) It is the purpose of this section to protect and preserve the home, inasmuch as the public he
alth and welfare and the good order of the county require that citizens of the county enjoy a feeling of peace, well-being, and privacy in their homes at all times. (Ord. No. 89-15, § 1, 4-11-89) Editor's note: Ordinance No. 89-15, adopted April 11, 1989, did not specifically amend this Code; hen
ce, inclusion of § 1, as § 16-28 was at the discretion of the editor. ...It's illegal. I would like to take this opportunity to say thank you to everyone who has participated in this. Get the facts, It's all out there, know the rules before you play the game. Thanks a lot, and keep it going st
rong.
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That said, I would have to look to Georgia case law to see how the law has been interpreted in the past, but a parade implies strongly to this non-Georgian that you are taking over a street and blocking traffic and moving up and down in the street. That is NOT what happened here by all accounts.