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City of Oakland, MO
St. Louis County
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Table of Contents
Table of Contents
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.
2. 
He/she 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.
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 a crime or offense against any person; or
2. 
Fighting.
For the purposes of Sections 210.210 and 210.215, the following words shall have the meanings set out herein:
PRIVATE PROPERTY
Any place which at the time is not open to the public. It includes property which is owned publicly or privately.
PROPERTY OF ANOTHER
Any property in which the actor does not have a possessory interest.
PUBLIC PLACE
Any place which at the time is open to the public. It includes property which is owned publicly or privately.
If a building or structure is divided into separately occupied units, such units are separate premises.
[CC 1997 §19-22.1; Ord. No. 374 §1, 7-14-1986]
A. 
It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which unreasonably or unnecessarily annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others in the City. The provisions of this Section shall not apply to or be enforced against:
1. 
Any vehicle of the City while engaged in necessary public business.
2. 
Excavations or repairs of streets by or on behalf of the City, County or State at night, when public welfare and convenience renders it impossible to perform such work during the day.
3. 
The reasonable use of amplifiers or loudspeakers in the course of public addresses which are non-commercial in character.
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.
[CC 1997 §19-33; Ord. No. 279 §25-25, 3-9-1970]
No person in this City shall disquiet or disturb any congregation or assembly met for religious worship by making a noise, talking or whispering or by rude or indecent behavior or by profane language within the place of worship or so near thereto as to disturb the order or solemnity of the meeting.
[Ord. No. 821 §1, 3-11-2013]
A. 
Every citizen may freely speak, write and publish the person's sentiment on all subjects, being responsible for the abuse of the right, but no person shall picket or engage in other protest activities, nor shall any association or corporation cause picketing or other protest activities to occur 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 shall have the meanings indicated:
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 as they are in transit beyond any three-hundred-foot zone that is established under Subsection (A) above.
OTHER PROTEST ACTIVITIES
Any action that is disruptive or undertaken to disrupt or disturb a funeral or burial service.
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.
[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 1997 §19-21; Ord. No. 279 §25-13, 3-9-1970]
No person shall loiter in or upon the streets, playgrounds, vacant lots, public grounds, public buildings, public places, places of amusement or entertainment or any other place where the public is invited or permitted after being advised by any Police Officer to disperse or vacate such place.
[Ord. No. 862, 4-9-2018]
A. 
It shall be unlawful for any person to:
1. 
Wander, prowl, loiter or invade the privacy of another person upon the residential property of any other person or other place located in the City under circumstances in which a reasonable person would have an expectation of privacy, including, but not limited to, the inside of a structure and a yard protected by a sight-proof enclosure such as a fence or wall; or
2. 
To knowingly or intentionally peek or peer into any part of any inhabited building or property, whether in person or by means of any device, including, but not limited to, cameras, video cameras, telephoto lenses, surveillance mechanisms, drones, unmanned aircraft, microphones or other listening devices and infra-red devices, within that person's control that aids in such peeking or peering into space where the other person has a reasonable expectation of privacy (including, but not limited to, the inside of a structure and a yard protected by a sight-proof enclosure such as a fence or wall), and without any lawful business with the owners or occupants of the inhabited building or property.
3. 
No person shall use an unmanned aircraft to record or transmit any visual image or audio recording of any person or private real property located in the City under circumstances in which the subject person or owner of the subject real property has a reasonable expectation of privacy (including, but not limited to, the inside of a structure and a yard protected by a sight-proof enclosure such as a fence or wall).
B. 
This Section shall not prohibit the use of any model aircraft, which is flown in compliance with Section 336 of the FAA Modernization and Reform Act of 2012 and which does not transmit or record visual images or audio recordings of any person or real property located in the City.
C. 
This Section shall not prohibit the use of any unmanned aircraft by law enforcement or public safety agencies:
1. 
If a warrant is issued authorizing the use of an unmanned aircraft; or
2. 
For the purpose of providing emergency management, fire, or police protection services in response to a life threatening emergency, or for surveying the condition of persons or property during a duly declared state of emergency; or
3. 
Under other lawful law enforcement activities and circumstances where a warrant would not otherwise be required by law.