City of Excelsior Springs, MO ARTICLE V Offenses Concerning Public Peace

Section 230.215 Definitions.

As used in this Article, the following terms mean:

PRIVATE PROPERTY

Any place which at the time of the offense is not open to the public. It includes property which is owned publicly or privately.

PROPERTY OF ANOTHER

Any property in which the person does not have a possessory interest.

PUBLIC PLACE

Any place which at the time of the offense is open to the public. It includes property which is owned publicly or privately.

Section 230.220 Peace Disturbance.

A. A person commits the offense of peace disturbance if he or she:

1. Unreasonably and knowingly disturbs or alarms another person or persons by:

a. Loud noise; or

b. Offensive language addressed in a face-to-face manner to a specific individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient; or

c. Threatening to commit a felonious act against any person under circumstances which are likely to cause a reasonable person to fear that such threat may be carried out; or

d. Fighting; or

e. Creating a noxious and offensive odor.

2. Is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:

a. Vehicular or pedestrian traffic; or

b. The free ingress or egress to or from a public or private place.

Section 230.225 Private Peace Disturbance.

A. A person commits the offense of private peace disturbance if he/she is on private property and unreasonably and purposely causes alarm to another person or persons on the same premises by:

1. Threatening to commit an offense against any person; or

2. Fighting.

B. For purposes of this Section, if a building or structure is divided into separately occupied units, such units are separate premises.

Section 230.230 Unlawful Assembly.

A person commits the offense of unlawful assembly if he/she knowingly assembles with six (6) or more other persons and agrees with such persons to violate any of the criminal laws of this State or of the United States with force or violence.

Section 230.235 Rioting.

A person commits the offense of rioting if he/she knowingly assembles with six (6) or more other persons and agrees with such persons to violate any of the criminal laws of this State or of the United States with force or violence and thereafter, while still so assembled, does violate any of said laws with force or violence.

Section 230.240 Refusal To Disperse.

A person commits the offense of refusal to disperse if, being present at the scene of an unlawful assembly or at the scene of a riot, he/she knowingly fails or refuses to obey the lawful command of a Law Enforcement Officer to depart from the scene of such unlawful assembly or riot.

Section 230.245 Obstructing Public Streets, Places or Buildings.

[R.O. 2012 §230.630; Ord. No. 6454 §§2 — 3, 12-16-1974]

A. Definitions. For the purposes of this Section the following terms shall be deemed to have the meaning indicated below:

OBSTRUCTION

The interference with or prevention of, convenient or reasonable passage or use of the public street or alley or sidewalk or way or place or building, or entrance or doorway into or out of any building which is open to the public by any individual or group of individuals.

PUBLIC

Affecting or likely to affect persons in a place to which the public or a substantial group has access; among said places are included public streets, alleys, sidewalks, places, public buildings, or parks, any places of commerce, business or amusement while said buildings, places of commerce, business or amusement are open to the public.

B. 

It is unlawful for any person, whether alone or with others, without legal privilege to do so, to obstruct vehicular or pedestrian movement on any street, alley, sidewalk, way, place or doorway or entrance into or out of any building which is open to the public.

UNLAWFUL

As used in the above paragraph shall be construed to cover the following:

1. One, whether alone or with others, intentionally causes or creates an obstruction.

2. One, whether alone or with others, causes, creates or contributes to causing or creating an obstruction where a reasonable man in the same circumstances would be aware that he/she was causing, creating or contributing to causing or creating an obstruction.

LEGAL PRIVILEGE TO DO SO

As used in the first paragraph hereof shall include along with exception of Subsections (C) and (D), by way of illustration, but not limitation, the following as examples: Awaiting public transportation in areas designated therefor and persons acting in accordance with a license or permit used by the City for construction or other work in, over, on or under the public way or place.

C. No person shall be deemed to have violated this Section solely because of a gathering of persons for the purpose of hearing him/her speak or solely because of being a member of such a gathering. Such person commits a violation if he/she refuses to obey a reasonable request or order by a Police Officer to move.

1. To prevent obstruction of a public street, alley, sidewalk, public way, place or building, or entrance or doorway into or out of a building open to the public and at the same time permit the gathering to continue to satisfy its purpose or purposes; or

2. To maintain public safety by dispersing those gathered in dangerous proximity to a fire or hazard.

D. The provision of Subsection (C) above shall not apply to persons on a sidewalk along the route of a parade permitted by the City; however, any such person(s) who fail(s) to move when requested to do so by a Police Officer making a lane available for pedestrians commits a violation of this Section.

E. The violation of any of the provisions of this Section shall be an ordinance violation and upon conviction thereof the person shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) or by incarceration in the City Jail for not more than ninety (90) days or by both such fine and imprisonment.

Section 230.250 Disrupting a House of Worship. [1]

A. For purposes of this Section, "house of worship" means any church, synagogue, mosque, other building or structure, or public or private place used for religious worship, religious instruction, or other religious purpose.

B. A person commits the offense of disrupting a house of worship if such person:

1. Intentionally and unreasonably disturbs, interrupts, or disquiets any house of worship by using profane discourse, rude or indecent behavior, or making noise either within the house of worship or so near it as to disturb the order and solemnity of the worship services; or

2. Intentionally injures, intimidates, or interferes with or attempts to injure, intimidate, or interfere with any person lawfully exercising the right of religious freedom in or outside of a house of worship or seeking access to a house of worship, whether by force, threat, or physical obstruction.

[1] Note: Under certain circumstances this offense can be a felony under state law.

Section 230.255 Unlawful Funeral Protests Prohibited — Definitions.

A. A person commits the offense of unlawful funeral protest if he or she pickets or engages in other protest activities within three hundred (300) feet of any residence, cemetery, funeral home, church, synagogue or other establishment during or within one (1) hour before or one (1) hour after the conducting of any actual funeral or burial service at that place.

B. Definitions. As used in this Section, the following terms mean:

OTHER PROTEST ACTIVITIES

Any action that is disruptive or undertaken to disrupt or disturb a funeral or burial service.

FUNERAL and BURIAL SERVICE

The ceremonies and memorial services held in conjunction with the burial or cremation of the dead, but this Section does not apply to processions while they are in transit beyond any three-hundred-foot zone that is established under Subsection (A) above.

C. The offense of unlawful funeral protest shall be an ordinance violation.

Section 230.260 Disturbing Meetings. [1]

[R.O. 2012 §230.390; Ord. No. 1518 §10, 5-28-1912; CC 1973 §24-45]

Whoever shall, within the City, disturb or disquiet any congregation or assembly of persons, by making any noise or by loud talking, rude or indecent behavior or by profane discourse within or about their place of assembly, or so near the place as to disturb the order or solemnity of their meeting, and whoever shall in this City, by loud or boisterous talking, rude or indecent behavior, or wilfully extinguishing the lights in any hall or building occupied by an audience or assemblage of persons, or shall attempt to disturb or break up the same, shall be deemed guilty of an ordinance violation.

[1] State Law Reference — Disturbing meetings, §562.250, RSMo.

Section 230.265 Disorderly Conduct. [1]

[R.O. 2012 §230.420; Ord. No. 88-6-5 §V, 6-1988]

A. A person commits the offense of disorderly conduct if, with intent to provoke a peace disturbance or whereby a peace disturbance may be occasioned, he:

1. Uses offensive, threatening, abusive or insulting language or conduct;

2. Acts so as to annoy, disturb, interfere with, obstruct or be offensive to others;

3. Causes loud and unusual noise to the annoyance or disturbance of more than one (1) person; or

4. Wanders or prowls upon the private property of another, and peeks or peers into the window or door of a habitable structure.

B. Any person found guilty of any provision of this Section shall be deemed guilty of an ordinance violation.

[1] State Law References — Peace disturbance, §§574.010, 574.020, RSMo.

Section 230.270 Camping On Public Property.

[Ord. No. 23-05-04, 5-1-2023]

A. It shall be unlawful for any person to camp in the following areas except as provided in Subsection (B):

1. Any park or trail; or

2. Any street or alley; or

3. Any public property, improved or unimproved.

B. The City Manager is authorized to permit persons to camp, occupy camp facilities, or use camp paraphernalia in any park or on public property.

1. Upon receipt of an application for any permit under this Section, the City Manager shall inquire with the City departments of police, public works, community development, and fire to identify any risks or other problems which the proposed activity is reasonably expected to pose for the public at that location.

2. The City Manager may approve a permit with or without conditions when, from a consideration of the application, reports from other City departments, and from such other information as may otherwise be obtained, they find that:

a. Adequate sanitary facilities are provided and accessible at or near the proposed camp site; and

b. Adequate trash receptacles and trash collection are provided or will be provided; and

c. The camping activity will not unreasonably disturb or interfere with the safety, peace, comfort and repose of private property owners or the general public.

3. No permit shall be issued for a period of time in excess of three (3) consecutive calendar days, or fifteen (15) calendar days in any one (1) calendar year.

4. The City Manager is authorized to revoke a permit that has been issued if they find lack of compliance with any requirement of this Section, or of any permit condition, or of any ordinance or Statute.

C. Definitions. As used in this Section, the following definitions apply:

CAMP

To pitch, use, or occupy camp facilities for the purposes of habitation, as evidenced by the use of camp paraphernalia.

CAMP FACILITIES

Include, but are not limited to, tents, huts, or temporary shelters. "Camp facilities" does not include tents, huts, or temporary shelters when used temporarily in a park for recreation or play during daylight hours when the park is open to the public.

CAMP PARAPHERNALIA

Includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks or cooking facilities or equipment.