Informed Citizens

Disorderly conduct added to Holyoke Municipal Code

When the Holyoke Municipal Code was recodified this year, a section on disorderly conduct was added. Police Chief Doug Bergstrom explained that having disorderly conduct included in the municipal code means that offenders can be tried in city court rather than county court as they had to be before.

Also new with the recodification is the ability to view the entire municipal code online at library.municode.com/co/holyoke. The code always been available for the public to view within the City office, but now citizens can review it anytime and can easily search for a particular topic of interest.

Holyoke Municipal Code defines disorderly conduct as follows:

Sec. 9.12.010.
Disorderly conduct.

(a) A person commits disorderly conduct if he intentionally, knowingly or recklessly:

(1) Makes a coarse and obviously offensive utterance, gesture or display in a public place and the utterance, gesture or display tends to incite an immediate breach of the peace;

(2) Abuses or threatens a person in a public place in an obviously offensive manner;

(3) Makes unreasonable noise in a public place or near a private residence that he has no right to occupy.

(4) Fights with another in a public place, except in an amateur or professional contest of athletic skill;

(5) Not being a peace officer, displays a deadly weapon in a public place, except when engaged in lawful target practice or hunting; or

(6) Not being a peace officer, displays a deadly weapon in a public place in a manner calculated to alarm.

(b) It is an affirmative defense to prosecution under subsection (a)(2) of this section that the actor had significant provocation for his abusive or threatening conduct.