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.
[Ord. No. 7125, 5-26-2020]
It is unlawful for any person to engage in picketing before
or about the residence or dwelling of any individual, where such residence
or dwelling is located in any area designated residentially zoned
in the Zoning Code of the City.[1]
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. 7130, 7-21-2020]
A.
PUBLIC PLACE
Definition. The following term shall be defined
as follows:
Any place to which the general public has access and a right
of 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 also include the front or immediate area of any store,
shop, restaurant, tavern or other place of business and also public
grounds, areas or parks.
B.
It shall be unlawful for any person to stand or remain idle either
alone or in consort with others in a public place in such manner so
as to knowingly and actually:
1.
Obstruct any public street, public highway, public sidewalk
or any other public place or building by hindering or impeding the
free and uninterrupted passage of vehicles, traffic or pedestrians;
2.
Commit in or upon any public street, public highway, public
sidewalk or any other public place or building any act or thing which
is an obstruction or interference to the free and uninterrupted use
of property or with any business lawfully conducted by anyone in or
upon or facing or fronting on any such public street, public highway,
public sidewalk, or any other public place or building, all of which
prevents the free and uninterrupted ingress, egress and regress, therein,
thereon and thereto;
3.
Obstruct the entrance to any business establishment, without
so doing for some lawful purpose, if contrary to the expressed wish
of the owner, lessee, managing agent or person in control or charge
of the building or premises.
C.
When any person causes or commits any of the conditions in this Section,
a Police Officer or any Law Enforcement Officer shall order that person
to stop causing or committing such conditions and to move on or disperse.
Any person who knowingly fails or refuses to obey such orders shall
be guilty of a violation of this Section.
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.
OTHER PROTEST ACTIVITIES
FUNERAL and BURIAL SERVICE
Definitions. As used in this Section, the following
terms mean:
Any action that is disruptive or undertaken to disrupt or
disturb a funeral or 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.
It is unlawful for two (2) or more persons in any public place
in the City, voluntarily or by agreement, to engage in any fight or
use any blows or violence toward the other or others in any angry
or quarrelsome manner, or do each other any willful mischief, or to
assault or strike another in any public place to the terror or disturbance
of others.
A.
A person
commits the violation of elder abuse in the third degree if he/she:
1.
Knowingly causes or attempts to cause physical contact with any person
sixty (60) years of age or older or an eligible adult as defined in
Section 660.250, RSMo., knowing the other person will regard the contact
as harmful or provocative; or
2.
Purposely engages in conduct involving more than one (1) incident
that causes grave emotional distress to a person sixty (60) years
of age or older or an eligible adult as defined in Section 660.250,
RSMo. The course of conduct shall be such as would cause a reasonable
person age sixty (60) years of age or older or an eligible adult,
as defined in Section 660.250, RSMo., to suffer substantial emotional
distress; or
3.
Purposely or knowingly places a person sixty (60) years of age or
older or an eligible adult, as defined in Section 660.250, RSMo.,
in apprehension of immediate physical injury; or
4.
Intentionally fails to provide care, goods or services to a person
sixty (60) years of age or older or an eligible adult as defined in
Section 660.250, RSMo. The result of the conduct shall be such as
would cause a reasonable person age sixty (60) or older or an eligible
adult, as defined in Section 660.250, RSMo., to suffer physical or
emotional distress; or
5.
Knowingly acts or knowingly fails to act in a manner which results
in a grave risk to the life, body or health of a person sixty (60)
years of age or older or an eligible adult as defined in Section 660.250,
RSMo.
A.
A person
commits the offense of assault while on school property if the person:
1.
Knowingly causes physical injury to another person; or
2.
With criminal negligence, causes physical injury to another person
by means of a deadly weapon; or
3.
Recklessly engages in conduct which creates a grave risk of death
or serious physical injury to another person; and the act described
under Subparagraphs (1), (2) or (3) of this Section occurred on school
or school district property, or in a vehicle that at the time of the
act was in the service of a school or school district, or arose as
a result of a school or school district-sponsored activity.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
A.
AGGRESSIVE PANHANDLING
1.
2.
3.
4.
5.
6.
CHARITABLE ORGANIZATION
PANHANDLING
Definitions. As used in this Section, the following terms shall have these prescribed
meanings:
Panhandling in the following manner:
To persist in panhandling after the person solicited has given
a negative response;
To block, either individually or as a part of a group of persons,
the passage of a solicited person;
To touch a solicited person without the person's consent;
To render any service to a motor vehicle, including, but not
limited to, any cleaning, washing, protecting, guarding, or repairing
of said vehicle or any portion thereof, without the prior consent
of the owner, operator or occupant of such vehicle, and thereafter
asking, begging or soliciting alms or payment for the performance
of such service, regardless of whether such vehicle is stopped, standing
or parked on a public street or upon other public or private property;
or
To engage in conduct that would reasonably be construed as intended
to intimidate, compel or force a solicited person to make a donation.
Any non-profit community organization, fraternal, benevolent,
educational, philanthropic, or service organization, or governmental
employee organization, which solicits or obtains contributions solicited
from the public for charitable purposes or holds any assets solely
for charitable purposes.
Any solicitation in person, by a person, other than a charitable
organization, for an immediate grant of money, goods, or any other
form of gratuity from another person(s) when the person making the
request is not known to the person(s) who is the subject of the request.
The term "panhandling" shall not mean the act of
passively standing or sitting with a sign or other indicator that
a donation of money, goods or any other form of gratuity is being
sought without any vocal request other than the response to an inquiry
by another person.
B.
It
shall be unlawful for any person to engage in aggressive panhandling.
C.
It
shall be unlawful for any person to engage in the act of panhandling
when either the panhandler or the person being solicited is located
in, on, or at any of the following locations:
1.
In any public transportation vehicle;
2.
Within fifty (50) feet of an automatic teller machine or entrance
to a bank;
3.
Within thirty (30) feet of a point of entry or exit from any building
open to the public, including commercial establishments;
4.
At any sidewalk cafe;
5.
Within fifty (50) feet of any public or private school;
6.
At any bus stop, train stop, or cab stand;
7.
Within twenty (20) feet of any crosswalk; or
8.
Within any municipal or government-owned building, park, golf course,
or playground.
D.
It
shall be unlawful for any person to engage in the act of panhandling
on private property or inside a business without written permission
from the owner.
E.
It
shall be unlawful for any person to engage in the act of panhandling
after 8:00 P.M. and before 7:00 A.M. during any dates on which daylight-saving
time is in effect; or after 7:00 P.M. and before 7:00 A.M. during
any dates on which daylight-saving time is not in effect.
F.
It
shall be unlawful for any person to panhandle in a group of two (2)
or more persons.
G.
Nothing in this Section shall abrogate or abridge provisions of Chapter 610, Article I, concerning canvassers or solicitors, Chapter 610, Article II, concerning charitable solicitations, or Federal and State Government laws, or any law regulating non-profit, religious, educational, civic or benevolent organizations.
A.
Loud And Unnecessary Noise Prohibited.
1.
The creation of any unreasonably loud, disturbing or unnecessary
noise in the City is prohibited.
2.
All emergency alarm systems equipped with any exterior sound-producing
devices including, but not limited to, gongs, buzzers, sirens, bells
or horns shall be equipped with a time device which limits the operation
of such exterior sound-producing device to fifteen (15) minutes, except
that in the case of commercial and business installations, they shall
be allowed a limit of thirty (30) minutes.
B.
Certain Prohibited Noises Enumerated. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of Subsection (A) of this Section, but this enumeration shall not be deemed to be exclusive:
1.
Vehicle horns, etc. The sounding of any horn or
signal device on any streetcar, motorbus, motorcycle, automobile or
other vehicle while not in motion on a public street or highway except
as a danger signal if another vehicle is approaching apparently out
of control; or, if in motion, the excessive or prolonged sounding
except only as a danger signal, after or as brakes are being applied
and deceleration of a vehicle is intended; the creation by means of
any such signal device of any unreasonably loud or harsh sound, and
the sounding of such device for an unnecessary or unreasonable period
of time.
2.
Playing radios, etc. The playing of any radio, phonograph
or other musical instrument in such a manner or with such volume as
to tend to annoy or disturb the quiet, comfort or repose of persons
in any dwelling, hotel or other type of residence; provided that any
such noise that can be distinctly heard at a distance of more than
one hundred (100) feet from its source shall be deemed excessive.
3.
Animals, fowl, etc. It is unlawful to keep any animal,
bird or fowl which causes frequent and long-continued noise that can
be distinctly heard at a distance of more than one hundred (100) feet
from its source.
4.
Vehicular noise generally. The use of any automobile,
motorcycle, streetcar or vehicle so out of repair, so loaded or in
such manner as to create loud and unnecessary grating, grinding, rattling
or other noise.
5.
Steam whistles, etc. The blowing of any steam whistle
attached to any stationary boiler, or any other whistle or siren,
except to give notice of the time to begin or stop work or as a warning
of danger, or the use of steam under pressure for cleaning purposes
in any establishment between the hours of 10:00 P.M. and 7:00 A.M.
when the windows of such establishment are open.
6.
Exhausts, etc. The discharge into the open air of
the blow down of any steam engine or of the exhaust of any stationary
internal combustion engine, or motor vehicle, or of the escape valve
from the unloader of any air compressor except through a muffler or
other device which will effectively prevent loud or explosive noises
therefrom.
7.
Alteration, demolition, etc., of buildings. The
erection (including excavating), demolition, alteration or repair
of any building or other structure between the hours of 10:00 P.M.
and 7:00 A.M. and on Sunday, except in case of urgent necessity in
the interest of public safety and then only with a permit from the
Building Commissioner, which permit will be renewed for a period of
three (3) days or less while the emergency continues.
8.
Excessive or unnecessary noise in hospital, etc., zones. The creation of any excessive or unnecessary noise within one hundred
fifty (150) feet of any portion of the grounds and premises on which
is located a hospital or other institution reserved for the sick,
or any church or any school or other institution of learning while
the same are in session, which unreasonably interferes with the proper
functioning of any such place above mentioned; provided that conspicuous
signs are placed in the public highways indicating the zones within
which such noises are prohibited. The Director of Public Works and
Parks is authorized and directed to cause to be placed as many signs
as he/she may deem necessary to properly indicate such quiet zones
and to call attention to the prohibition of excessive or unnecessary
noises within such zones.
9.
Loudspeakers, calling, etc. The use of any loudspeaker
or other instrument or device, unless a permit be obtained therefor
from the City Manager, which permit shall specify the place where
such device is to be used and the hours thereof; or the unnecessary
calling with the voice for the purpose of attracting attention by
the creation of noise or for advertising purposes.
