§ 5-103. Disorderly conduct.
A. It shall be unlawful to purposely cause public inconvenience, annoyance or alarm or recklessly create a risk thereof, by:
1. Engaging in fighting or threatening to engage in violent or tumultuous behavior; or
2. Making unreasonable noise or offensively coarse utterances, gestures or displays or addressing abusive language to any person present; or
3. Creating a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor; or
4. Appearing in public places in an intoxicated condition and doing any of the following:
a. Passing out, falling or sleeping in a public place or on the property of another without permission; or
b. Bothering, disrupting or otherwise intruding upon another person or group of persons; or
c. Wandering about without being able to give a reasonable account of a destination to a law enforcement officer; or
d. Appearing or being found in an area set aside for religious or ceremonial activities which have traditionally, or by order of the Osage Nation or conducting authorities, been set aside for use, free from alcoholic beverage consumption or the presence of intoxicated persons, during the period of such religious or ceremonial or public activity.
B. “Public” means affecting or likely to affect persons in a place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, the common areas of schools, hospitals, apartment houses and office buildings, transport facilities, businesses open to the public and places of entertainment or amusement.
C. Disorderly conduct shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal Jail not to exceed three months, or both.
D. A second or subsequent conviction under this section shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00), or a term of imprisonment in the Tribal Jail not to exceed three months, or both.
E. Upon a second or subsequent conviction under paragraph (A)(4)(d) of this section, an additional sentence of banishment for a period not to exceed two years may be imposed. ONCA 11-43, eff. Apr. 5, 2011.