As used in this Article, the following terms mean:
Any place which at the time of the offense is not open to
the public. It includes property which is owned publicly or privately.
Any property in which the person does not have a possessory
interest.
Any place which at the time of the offense is open to the
public. It includes property which is owned publicly or privately.
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.
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.
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.
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.
[Ord. No. 2003-11 §1(9.12.025), 10-14-2003]
A.
INCITE A RIOT
PUBLIC PLACE
RIOT
1.
2.
Definitions. As
used in this Section, the following terms shall have these prescribed
meanings:
Urging or instigating other persons to riot, but shall not
be deemed to mean the mere oral or written:
Any place to which the general public has access and a right
to resort for business, entertainment or other lawful purpose, but
does not necessarily mean a place devoted solely to the uses of the
public. It shall include the front or immediate area of any store,
shop, restaurant, tavern or other place of business and also public
grounds, area or parks.
A public disturbance involving:
An act or acts of violence by one (1) or more persons part of
an assemblage of three (3) or more persons, which act or acts shall
constitute a clear and a present danger of, or shall result in, damage
or injury to the property of any other person or to the person of
any other individual or;
A threat or threats of the commission of an act or acts of violence
by one (1) or more persons part of an assemblage of three (3) or more
persons having, individually or collectively, the ability of immediate
execution of such threat or threats where the performance of the threatened
act or acts of violence would constitute a clear and present danger
of, or would result in, damage or injury to the property of any other
person or to the person of any other individual.
B.
Disorderly Conduct Prohibited. A person shall be guilty
of disorderly conduct if, with the purpose of causing public danger,
alarm, disorder, nuisance or if his/her conduct is likely to cause
public danger, alarm, disorder or nuisance, he/she willfully does
any of the following acts in a public place:
1.
Commits an act in a violent and tumultuous manner toward another
whereby that other is placed in danger of his/her life, injury to
his/her limb or health;
2.
Commits an act in a violent and tumultuous manner toward another
whereby the property of any person is placed in danger of being destroyed
or damaged;
3.
Causes, provokes or engages in any fight, brawl or riotous conduct
so as to endanger that life, limb, health or property of another;
4.
Interferes with another's pursuit of a lawful occupation by acts
of violence;
5.
Obstructs, either singly or together with other persons, the flow
of vehicular or pedestrian traffic and refuses to clear such public
way when ordered to do so by the City Police or other lawful authority
known to be such;
6.
Is in a public place under the influence of an intoxicating liquor
or drug in such condition as to be unable to exercise care for his/her
own safety or the safety of others;
7.
Resists or obstructs the performance of duties by City Police or
any other authorized official of the City when known to be such an
official;
8.
Incites, attempts to incite or is involved in attempting to incite
a riot;
9.
Addresses abusive language or threats to any member of the Police
Department, any other authorized official of the City who is engaged
in lawful performance of his/her duties or any other person when such
words have a tendency to cause acts of violence. Words merely causing
displeasure, annoyance or resentment are not prohibited;
10.
Damages, befouls or disturbs property or the property of another
so as to create a hazardous, unhealthy or physically offensive condition;
11.
Makes or causes to be made any loud, boisterous and unreasonable
noise or disturbance to the annoyance of any other person nearby or
near to any public highway, road, street, lane, alley, park, square
or common whereby the public peace is broken or disturbed or the traveling
public annoyed;
12.
Fails to obey a lawful order to disperse by a Police Officer when
known to be such an official where one (1) or more persons are committing
acts of disorderly conduct in the immediate vicinity and the public
health and safety is imminently threatened;
13.
Uses abusive or obscene language or makes an obscene gesture.
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.
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.
FUNERAL and BURIAL SERVICE
OTHER PROTEST ACTIVITIES
Definitions. As used in this Section, the following terms mean:
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.
Any action that is disruptive or undertaken to disrupt or
disturb a funeral or burial service.
C.
The offense of unlawful funeral protest shall be an ordinance violation.
[CC 2001 §9.12.040; Ord. No. 6.04 §§1 — 2, 9-4-1917; Ord. No. 2006-01 §1, 1-10-2006]
A.
Unusual And Unnecessary Noises Forbidden. Any person who
shall in the City make any unusual or unnecessary noise of any kind
so as to disturb the home or comfort of any other person or persons
or any sick person, or impair the health and enjoyment of any person
or persons, shall be guilty of a misdemeanor and on conviction shall
be punished by a fine of not more than twenty-five dollars ($25.00).
B.
Cutouts On Automobiles And Motorcycles. Any person driving
or in charge of any automobile or motorcycle who shall run such vehicle
on and along the streets or alleys of the City or who shall run the
engine of the vehicle while the vehicle is standing still on the streets
or alleys of the City without the vehicle being equipped with a good
muffler in working order and in use or without the cutout on the vehicle
or vehicles closed shall be guilty of a misdemeanor.
C.
It
shall be unlawful for the driver of any vehicle to use, operate or
cause to be used or operated within the City limits of the City of
Bonne Terre, Missouri, any mechanical device designated to aid in
the braking or deceleration of any vehicle which results in the excessive,
loud, unusual or explosive noise from such vehicle or unmuffled engine
braking.