A.
A person
commits the offense of peace disturbance if:
1.
He/she unreasonably and knowingly disturbs or alarms another person
or persons by:
a.
Loud noise;
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;
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;
d.
Fighting; or
e.
Creating a noxious and offensive odor.
A.
PRIVATE PROPERTY
PROPERTY OF ANOTHER
PUBLIC PLACE
For the purposes of Sections 215.210 and 215.220, the following words shall have the meanings set out herein:
Any place which at the time is not open to the public. It
includes property which is owned publicly or privately.
Any property in which the actor does not have a possessory
interest.
Any place which at the time is open to the public. It includes
property which is owned publicly or privately.
B.
If
a building or structure is divided into separately occupied units,
such units are separate premises.
[Ord. No. 3964 §1, 1-21-2013]
A.
A person
commits the crime 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.
B.
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.
A.
Any
person who, with intent to provoke a breach of the peace or to cause
violence to persons or property, commits any of the following acts
shall be deemed to have committed the offense of disorderly conduct:
1.
Acts in a violent or tumultuous manner toward another, whereby any
person is placed in fear of safety of his/her life, limb or health.
2.
Acts in a violent or tumultuous manner toward another, whereby property
of any person is placed in danger of being destroyed or damaged.
3.
Endangers lawful pursuits of another by acts of violence, angry threats
and/or abusive conduct.
4.
Causes, provokes or engages in any fight, brawl or riotous conduct
so as to endanger the life, limb, health or property of another.
5.
Assembles or congregates with another or others for the purpose of
causing, provoking or engaging in any fight or brawl.
6.
Jostles or roughly crowds or pushes any person in any public place.
7.
Frequents any public place with intent to obtain money from another
by an illegal and fraudulent scheme, trick, artifice or device.
8.
Assembles with another or others for the purpose of engaging in any
fraudulent scheme, device or trick to obtain any valuable thing in
any place or from any person in the City, or to aid or abet therein.
9.
Any male person accosts or attempts to force his/her company upon
any female or attempts to pick up any female.
10.
Uses "fighting words" directed towards another who becomes outraged
and thus creates turmoil.
11.
Assembles or congregates with another or others for the purpose of
doing bodily harm to another.
12.
Any person, by acts of violence, interferes with another's pursuit
of a lawful occupation.
13.
Congregates with another or others in or on any public way so as
to halt the flow of vehicular or pedestrian traffic and refuses to
clear such public way when ordered by a Peace Officer or other lawful
authority.
14.
Congregates with others on a public street and refuses to move on
when ordered by the Police.
15.
By his/her actions causes a crowd to collect, except when lawfully
addressing such crowd.
16.
Stations himself/herself on the public streets or follows pedestrians
for the purpose of soliciting alms, or who solicits alms on the public
streets unlawfully.
17.
Causes a disturbance in any bus or other public conveyance by running
through it, climbing through windows or upon the seats, or otherwise
annoying passengers or employees therein.
18.
Stands on sidewalks or street corners and makes insulting remarks
to or about passing pedestrians and/or motorists or annoys such pedestrians.
[Ord. No. 3709 §1, 10-16-2006; Ord. No. 3787 §1, 5-19-2008; Ord. No. 3901 §1, 8-15-2011; Ord. No. 3922 §1, 2-20-2012; Ord. No. 3963 §1, 1-21-2013]
A.
A person
commits the crime of unlawful use of weapons if he or she knowingly:
1.
Carries concealed upon or about his or her person a knife, a firearm,
a blackjack or any other weapon readily capable of lethal use; or
2.
Sets a spring gun; or
3.
Discharges or shoots a firearm within the City limits; or
4.
Exhibits, in the presence of one (1) or more persons, any weapon
readily capable of lethal use in an angry or threatening manner; or
5.
Has a firearm or projectile weapon readily capable of lethal use
on his or her person, while he or she is intoxicated, and handles
or otherwise uses such firearm or projectile weapon in either a negligent
or unlawful manner or discharges such firearm or projectile weapon
unless acting in self-defense; or
6.
Discharges a firearm within one hundred (100) yards of any occupied
schoolhouse, courthouse, or church building; or
7.
Discharges or shoots a firearm at a mark, at any object, or at random
on, along or across a public highway or discharges or shoots a firearm
into any outbuilding; or
8.
Carries a firearm or any other weapon readily capable of lethal use
into any church or place where people have assembled for worship,
or into any election precinct on any election day, or into any building
owned or occupied by any agency of the Federal Government, State Government,
or political subdivision thereof; or
9.
Discharges or shoots a firearm at or from a motor vehicle, as defined
in Section 301.010, RSMo., discharges or shoots a firearm at any person,
or at any other motor vehicle, or at any building or habitable structure,
unless the person was lawfully acting in self-defense; or
10.
Carries a firearm, whether loaded or unloaded, or any other weapon
readily capable of lethal use into any school, onto any school bus,
or onto the premises of any function or activity sponsored or sanctioned
by school officials or the district school board.
B.
Subdivisions (1), (8), and (10) of Subsection (A) of this Section shall not apply to the persons described in this Subsection, regardless of whether such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties except as otherwise provided in this Subsection. Subdivisions (3), (4), (6), (7), and (9) of Subsection (A) of this Section shall not apply to or affect any of the following persons, when such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties, except as otherwise provided in this Subsection:
1.
All State, County and municipal Peace Officers who have completed the training required by the Police Officer Standards and Training Commission pursuant to Sections 590.030 to 590.050, RSMo., and who possess the duty and power of arrest for violation of the general criminal laws of the State or for violation of ordinances of Counties or municipalities of the State, whether such officers are on or off duty, and whether such officers are within or outside of the law enforcement agency's jurisdiction, or all qualified retired Peace Officers, as defined in Subsection (I) of this Section, and who carry the identification defined in Subsection (J) of this Section, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
2.
Wardens, superintendents and keepers of prisons, penitentiaries,
jails and other institutions for the detention of persons accused
or convicted of crime;
3.
Members of the Armed Forces or National Guard while performing their
official duty;
4.
Those persons vested by Article V, Section 1 of the Constitution of Missouri with the judicial power of the State and those persons vested by Article III of the Constitution of the United States with the judicial power of the United States, the members of the Federal judiciary;
5.
Any person whose bona fide duty is to execute process, civil or criminal;
6.
Any Federal Probation Officer or Federal Flight Deck Officer as defined
under the Federal Flight Deck Officer Program, 49 U.S.C. Section 44921
regardless of whether such officers are on duty, or within the law
enforcement agency's jurisdiction;
7.
Any State Probation or Parole Officer, including supervisors and
members of the Board of Probation and Parole;
8.
Any corporate security advisor meeting the definition and fulfilling
the requirements of the regulations established by the Board of Police
Commissioners under Section 84.340, RSMo.;
9.
Any Coroner, Deputy Coroner, Medical Examiner, or Assistant Medical
Examiner;
10.
Any prosecuting attorney or assistant prosecuting attorney or
any circuit attorney or assistant circuit attorney who has completed
the firearms safety training course required under Subsection (2)
of Section 571.111, RSMo.;
[Ord. No. 4003 §1, 2-17-2014]
11.
Any member of a fire department or fire protection district,
who is employed on a full-time basis as a fire investigator and who
has a valid concealed carry permit under Section 571.111, RSMo., when
such uses are reasonably associated with or are necessary to the fulfillment
of such person's official duties; and
[Ord. No. 4003 §1, 2-17-2014]
12.
Upon the written approval of the Governing Body of a fire department
or fire protection district, any paid fire department or fire protection
district chief who is employed on a full-time basis and who has a
valid concealed carry permit, when such uses are reasonably associated
with or are necessary to the fulfillment of such person's official
duties.
[Ord. No. 4003 §1, 2-17-2014]
C.
Subparagraphs (1), (5) and (7) of Subsection (A) of this Section do not apply when the actor is transporting such weapons in a non-functioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subparagraph (1) of Subsection (A) of this Section does not apply to any person twenty-one (21) years of age or older or eighteen (18) years of age or older and a member of the United States Armed Forces, or honorably discharged from the United States Armed Forces, transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game or is in his or her dwelling unit or upon premises over which the actor has possession, authority or control or is traveling in a continuous journey peaceably through the City. Subparagraph (7) of Subsection (A) of this Section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event.
D.
Subdivisions (1), (8), and (10) of Subsection (A) of this Section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to Sections 571.101 to 571.121, RSMo., or a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State.
E.
Subdivisions (3), (4), (5), (6), (7), (8), (9), and (10) of Subsection (A) of this Section shall not apply to persons who are engaged in a lawful act of defense pursuant to Section 563.031, RSMo.
F.
Notwithstanding any provision of this Section to the contrary, the
City shall not prohibit any State employee from having a firearm in
the employee's vehicle on the State's property, provided that the
vehicle is locked and the firearm is not visible. This Subsection
shall only apply to the State as an employer when the State employee's
vehicle is on property owned or leased by the State and the State
employee is conducting activities within the scope of his or her employment.
For the purposes of this Subsection, "State employee" means an employee
of the executive, legislative, or judicial branch of the government
of the State of Missouri.
[Ord. No. 4003 §1, 2-17-2014]
G.
Nothing in this Section shall make it unlawful for a student to actually
participate in school-sanctioned gun safety courses, student military
or ROTC courses, or other school-sponsored or club-sponsored firearm-related
events, provided the student does not carry a firearm or other weapon
readily capable of lethal use into any school, onto any school bus,
or onto the premises of any other function or activity sponsored or
sanctioned by school officials or the district school board.
[Ord. No. 4003 §1, 2-17-2014]
H.
Any person knowingly aiding or abetting any other person in the violation of Subdivision (9) of Subsection (A) of this Section shall be subject to the same penalty as that prescribed by this Section for violations by other persons.
[Ord. No. 4003 §1, 2-17-2014]
I.
Notwithstanding any other provision of law, no person who pleads guilty to or is found guilty of a violation of Subsection (A) of this Section shall receive a suspended imposition of sentence if such person has previously received a suspended imposition of sentence for any other firearms- or weapons-related felony offense.
[Ord. No. 4003 §1, 2-17-2014]
J.
As used in this Section, "qualified retired Peace Officer" means
an individual who:
[Ord. No. 4003 §1, 2-17-2014]
1.
Retired in good standing from service with a public agency as
a Peace Officer, other than for reasons of mental instability;
2.
Before such retirement, was authorized by law to engage in or
supervise the prevention, detection, investigation, or prosecution
of, or the incarceration of any person for any violation of law, and
had statutory powers of arrest;
3.
Before such retirement, was regularly employed as a Peace Officer
for an aggregate of fifteen (15) years or more, or retired from service
with such agency, after completing any applicable probationary period
of such service, due to a service-connected disability, as determined
by such agency;
4.
Has a non-forfeitable right to benefits under the retirement
plan of the agency if such a plan is available;
5.
During the most recent twelve-month period, has met, at the
expense of the individual, the standards for training and qualification
for active Peace Officers to carry firearms;
6.
Is not under the influence of alcohol or another intoxicating
or hallucinatory drug or substance; and
7.
Is not prohibited by Federal law from receiving a firearm.
K.
The identification required by Subdivision (1) of Subsection (B) of this Section is:
[Ord. No. 4003 §1, 2-17-2014]
1.
A photographic identification issued by the agency from which
the individual retired from service as a Peace Officer that indicates
that the individual has, not less recently than one (1) year before
the date the individual is carrying the concealed firearm, been tested
or otherwise found by the agency to meet the standards established
by the agency for training and qualification for active Peace Officers
to carry a firearm of the same type as the concealed firearm; or
2.
A photographic identification issued by the agency from which
the individual retired from service as a Peace Officer; and
3.
A certification issued by the State in which the individual
resides that indicates that the individual has, not less recently
than one (1) year before the date the individual is carrying the concealed
firearm, been tested or otherwise found by the State to meet the standards
established by the State for training and qualification for active
Peace Officers to carry a firearm of the same type as the concealed
firearm.
L.
Any person who has a valid concealed carry permit, and who is lawfully
carrying a firearm in a concealed manner, may briefly and openly display
the firearm to the ordinary sight of another person, unless the firearm
is intentionally displayed in an angry or threatening manner, not
in necessary self-defense.
[Ord. No. 4003 §1, 2-17-2014]
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[Ord. No. 3785 §1, 5-19-2008]
A.
A person
commits the offense of unlawful transfer of weapons if he/she:
1.
Knowingly sells, leases, loans, gives away or delivers a blackjack
to a person less than eighteen (18) years old without the consent
of the child's custodial parent or guardian, or recklessly, as defined
in Section 562.016, RSMo., sells, leases, loans, gives away or delivers
any firearm to a person less than eighteen (18) years old without
the consent of the child's custodial parent or guardian; provided
that this does not prohibit the delivery of such weapons to any Peace
Officer or member of the Armed Forces or National Guard while performing
his/her official duty; or
2.
Recklessly, as defined in Section 562.016, RSMo., sells, leases,
loans, gives away or delivers a firearm or ammunition for a firearm
to a person who is intoxicated.
3.
A person commits the crime of transfer of a concealable firearm if
such person violates 18 U.S.C. Section 922(b) or 18 U.S.C. Section
922(x).
Any person within the limits of this City who shall discharge
any BB gun, spring gun or air gun or shall shoot any pebble, bullet,
slug, arrow or other hard substance by means of a sling, crossbow,
rubber band or bow or any other means shall be deemed guilty of an
ordinance violation.
[Ord. No. 4004 §1, 2-17-2014]
A.
The City may not participate in any program in which individuals
are given a thing of value in exchange for surrendering a firearm
to the County, municipality, or other governmental body unless:
1.
The City has adopted a resolution, ordinance, or rule authorizing
the participation of the City, or participation by an agent of the
City, in such a program; and
2.
The resolution, ordinance, or rule enacted pursuant to this
Section provides that any firearm received shall be offered for sale
or trade to a licensed firearms dealer. The proceeds from any sale
or gains from trade shall be the property of the City. Any proceeds
collected under this Subsection shall be deposited with the City unless
the proceeds are collected by a Sheriff, in which case the proceeds
shall be deposited in the County Sheriff's revolving fund under Section
50.535, RSMo. Any firearm remaining in the possession of the City
after the firearm has been offered for sale or trade to at least two
(2) licensed firearms dealers may be destroyed.
[Ord. No. 4085 § 1, 11-21-2016]
A person commits the offense of unlawful assembly if he or she
knowingly assembles with six (6) or more other persons and agrees
with such persons to violate any of the ordinances of the City of
DeSoto or any of the criminal laws of this State or of the United
States with force or violence.
[Ord. No. 4085 § 1, 11-21-2016]
A person commits the offense of rioting if he or she knowingly
assembles with six (6) or more other persons and agrees with such
persons to violate any of the ordinances of the City of DeSoto or
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.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
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.
[CC 1988 §17-23; Ord. No. 3386 §§1 — 3, 11-15-1999]
A.
EMERGENCY
GUARDIAN
MINOR
PARENT
PERSON
PUBLIC PLACE
Definitions. As used in this Section, the following terms
shall mean the following:
Shall include, but not be limited to, fire, natural disaster,
an automobile accident or obtaining immediate medical care for another
person.
Any person to whom custody of a minor has been given by a
court order.
Any person under seventeen (17) years of age.
A person who is the natural or adoptive parent of a person.
As used herein, "parent" shall also include a court
appointed guardian or other person eighteen (18) years of age or older
authorized by the parent, by a court order, or by the court appointed
guardian to have the care and custody of a person.
Any individual seventeen (17) years of age and older or otherwise
emancipated by marriage.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways
and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities and shops.
B.
Offenses.
1.
No person or minor shall loiter on the streets or at corners thereof
or parking lots or in the vicinity of any place of amusement, hotel,
motel, restaurant, office building, shop or store, or any other place
of business, either opened or closed for business.
2.
No person or minor shall loiter so as to obstruct corridors, aisles,
stairways or doorways, so as to prevent free access, passage or movement
by members of the public, officers or employees.
3.
No person or minor shall by his/her presence or by other means, either
alone or in consort to others, loiter so as to interfere with or interrupt
the conduct of business in offices, shops or stores.
