[Ord. No. 1244 §III, 4-3-1989]
A.
PRIVATE PROPERTY
PROPERTY OF ANOTHER
PUBLIC PLACE
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. 1244 §III, 4-3-1989]
[Ord. No. 1310 §1, 8-2-1993]
It shall be unlawful for any person to make, continue, or cause
to be made or continued any excessive, unnecessary or unusually loud
noise or noise which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others, within the
limits of the City.
[Ord. No. 1310 §2, 8-2-1993]
A.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of Section 210.261 but said enumeration shall not be deemed to be exclusive, namely:
1.
Horns, signalling device, etc. The sounding of any
horn or signalling device on any automobile, motorcycle or other vehicle
on any street or public highway of the City, except as a danger warning;
the creation by means of any such signalling device of any unreasonably
loud or harsh sounds; and the sounding of any such device for an unnecessary
and unreasonable period of time. The use of any signalling device
except one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust; and the use of any such
signalling device when traffic is for any reason held up.
2.
Radios, phonographs, etc. The using, operating,
or permitting to be played, used or operated any radio receiving set,
musical instrument, phonograph, or other machine or device for the
producing or reproducing of sound in such manner as to disturb the
peace, quiet and comfort of the neighboring inhabitants or at any
time with louder volume than is necessary for convenient hearing for
the person or persons who are in the room, vehicle or chamber in which
such machine or device is operated and who are voluntary listeners
thereto. The operation of any such set, instrument, phonograph, machine
or device between the hours of 10:00 P.M. and 7:00 A.M. in such a
manner as to be plainly audible at a distance of fifty (50) feet from
the building or structure in which it is located shall be "prima facie"
evidence of a violation of this Section. Further, the operation of
any such set, instrument, machine or device at any time and in such
a manner as to be plainly audible at a distance of fifty (50) feet
from the vehicle in which it is located shall be a "prima facie" violation
of this Section.
3.
Yelling, shouting, hooting, etc. Yelling, shouting,
hooting, whistling or singing on the public streets, particularly
between the hours of 10:00 P.M. and 7:00 A.M. or at any time or place
so as to annoy or disturb the quiet, comfort, or repose of persons
in any office, or any dwelling, hotel or other type residence, or
of any persons in the vicinity.
[Ord. No. 1244 §III, 4-3-1989]
[Ord. No. 2495, 7-10-2023]
A.
Any person who 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, placing
such person in fear of safety of 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 abusive conduct.
4.
Makes unwanted telephone calls for the purpose of harassment
or intimidation.
5.
Causes, provokes, or engages in any fight, brawl or riotous
conduct so as to endanger the life, limb, health or property of another.
6.
Assembles or congregates with another or others for the purpose
of causing, provoking or engaging in any fight, brawl, or riot.
7.
Assembles or congregates with another or others for the purpose
of doing bodily harm to another, vandalizing property, or causing
mischief.
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.
Interferes with another's pursuit of a lawful occupation
by acts of intimidation, violence, or threats of violence.
10.
Interferes with another's pursuit of a lawful avocation
or recreational activity by acts of intimidation, violence, or threats
of violence.
11.
Intentionally runs in front of moving motor vehicles, colloquially
known as "playing chicken."
12.
Impedes the flow of vehicular traffic by standing, loitering,
sitting, or laying in any public street.
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 or other lawful authority.
15.
Blocks right of entry to any public way, to a business establishment,
or to the private property of another, either physically or by threatening
demeanor.
16.
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.
17.
Knocks on doors and/or rings doorbells then immediately flees
the property.
18.
Urinates or defecates not within the confines of a restroom
facility.
19.
Wanders, prowls, or loiters upon the private property of another
and peeks or peers in the door or window or attempts to open any door
or window of any habitable building or structure located thereon,
without any visible or lawful business with the owners or occupants
thereof.
B.
Any person convicted of disorderly conduct under any of the provision
of this Section shall be guilty of a misdemeanor.
[Ord. No. 1836 §§1 —
2, 1-10-2007]
A.
A person
commits the crime of assault of a Law Enforcement Officer, emergency
personnel or probation and parole officer in the third degree if:
1.
Such person recklessly causes physical injury to a Law Enforcement
Officer, emergency personnel or probation and parole officer;
2.
Such person purposely places a Law Enforcement Officer, emergency
personnel or probation and parole officer in apprehension of immediate
physical injury;
3.
Such person knowingly causes or attempts to cause physical contact
with a Law Enforcement Officer, emergency personnel or probation and
parole officer without the consent of the Law Enforcement Officer
or emergency personnel.
B.
As
used in this Section, "emergency personnel" means
any paid or volunteer firefighter, emergency room or trauma center
personnel or emergency medical technician as defined in subdivisions
(15), (16) and (17) of Section 190.100, RSMo.
[Ord. No. 1244 §III, 4-3-1989]
A.
A person
commits the offense of assault if:
1.
He attempts to cause or recklessly causes physical injury to another
person; or
2.
With criminal negligence, he causes physical injury to another person
by means of a deadly weapon; or
3.
He purposely places another person in apprehension of immediate physical
injury; or
4.
He recklessly engages in conduct which creates a grave risk of death
or serious physical injury to another person; or
5.
He knowingly causes physical contact with another person knowing
the other person will regard the contact as offensive or provocative.
[Ord. No. 1835 §§1 —
2, 1-10-2007]
A.
A person
commits the crime of domestic assault in the third degree if the act
involves a family or household member or an adult who is or has been
in a continuing social relationship of a romantic or intimate nature
with the actor as defined in Section 455.010, RSMo., and:
1.
The person attempts to cause or recklessly causes physical injury
to such family or household member; or
2.
With criminal negligence the person causes physical injury to such
family or household member by means of a deadly weapon or dangerous
instrument; or
3.
The person purposely places such family or household member in apprehension
of immediate physical injury by any means; or
4.
The person recklessly engages in conduct which creates a grave risk
of death or serious physical injury to such family or household member;
or
5.
The person knowingly causes physical contact with such family or
household member knowing the other person will regard the contact
as offensive; or
6.
The person knowingly attempts to cause or causes the isolation of
such family or household member by unreasonably and substantially
restricting or limiting such family or household member's access to
other persons, telecommunication devices or transportation for the
purpose of isolation.
[Ord. No. 2310 § 1, 6-8-2017]
A.
A person
commits the ordinance violation of endangering the welfare of is a
child if he/she:
1.
With criminal negligence acts in a manner that creates a substantial
risk to the life, body or health of a child less than seventeen (17)
years old;
2.
Knowingly encourages, aids or causes a child less than seventeen
(17) years of age to engage in any conduct which causes or tends to
cause the child to come within the provisions of Section 211.031(1)(2)(d)
or (1)(3)1, RSMo.;
3.
Being a parent, guardian or other person legally charged with the
care or custody of a child less than seventeen (17) years old, recklessly
fails or refuses to exercise reasonable diligence in the care or control
of such child to prevent him/her from coming within the provisions
of Section 211.031(1)(1)(c), (1)(2)(d) or (1)(3)1, RSMo.; or
4.
Knowingly encourages, aids or causes a child less than seventeen
(17) years of age to enter into any room, building or other structure
which is a public nuisance as defined in Section 195.130, RSMo.
B.
Nothing
in this Section shall be construed to mean the welfare of a child
is endangered for the sole reason that he/she is being provided non-medical
remedial treatment recognized and permitted under the laws of this
State.
C.
Penalty.
Any person found guilty of violating this Section shall be punished
by imprisonment not to exceed one hundred eighty (180) days or by
a fine of not less than one hundred dollars ($100.00) nor more than
one thousand dollars ($1,000.00), or by both such imprisonment and
fine.
[Ord. No. 2310 § 1, 6-8-2017]
A.
ABUSE
AGGRESSOR
CHILD
Definitions.
As used in this Section the following terms mean:
Any physical injury inflicted by an aggressor against a child
other than by accidental means. Discipline, including spanking, administered
in a reasonable manner shall not be construed as abuse.
The person whose conduct causes or tends to cause physical
injury to a child.
A person under the age of seventeen (17).
B.
A person
commits the ordinance violation of abuse of a child if that person:
1.
Attempts to cause physical injury to a child and such conduct is
a substantial step toward the commission of the crime of attempting
to cause physical injury and was done for the purpose of committing
such assault; or
2.
Intentionally causes physical injury to a child; or
3.
Recklessly causes physical injury to a child.
C.
Penalty.
Any person found guilty of violating this Section shall be punished
by imprisonment not to exceed one hundred eighty (180) days or by
a fine of not less than two hundred fifty dollars ($250.00) nor more
than one thousand dollars ($1,000.00), or by both such imprisonment
and fine.
[Ord. No. 1244 §III, 4-3-1989]
That a person enters unlawfully or remains unlawfully in
or upon premises when he is not licensed or privileged to do so. A
person who, regardless of his purpose, enters or remains in or upon
premises which are at the time open to the public does so with license
and privilege unless he defies a lawful order not to enter or remain,
personally communicated to him by the owner of such premises or by
any other authorized person. A license or privilege to enter or remain
in a building which is only partly open to the public is not a license
or privilege to enter or remain in that part of the building which
is not open to the public.
Includes a ship, trailer, sleeping car, airplane or other
vehicle or structure:
Where any person lives or carries on business or other calling;
Where people assemble for purposes of business government, education,
religion, entertainment or public transportation; or
Which is used for overnight accommodation of persons.
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Any such vehicle or structure is inhabitable regardless of whether
a person is actually present.
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Property in which any natural person, corporation, partnership,
association, governmental subdivision or instrumentality, other than
the actor, has a possessory or proprietary interest.
[Ord. No. 1244 § III, 4-3-1989]
A.
A person
commits the offense of trespass in the first degree if he knowingly
enters unlawfully or knowingly remains unlawfully in a building or
inhabitable structure or upon real property.
B.
A person
does not commit the offense of trespass in the first degree by entering
or remaining upon real property unless the real property is fenced
or otherwise enclosed in a manner designed to exclude intruders or
unless notice against trespass is given by:
[Ord. No. 1244 §III, 4-3-1989]
[Ord. No. 1244 §III, 4-3-1989]
As used in Section 210.330:
To take, obtain, use, transfer, conceal or retain possession
of.
A threat, however communicated, to:
Commit any crime;
Inflict physical injury in the future on the person threatened
or another;
Accuse any person of any crime;
Expose any person to hatred, contempt or ridicule;
Harm the credit or business repute of any person;
Take or withhold action as a public servant or cause a public
servant to take or withhold action; or
Inflict any other harm which would not benefit the actor.
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A threat of accusation, lawsuit or other invocation of official
action is not coercion if the property sought to be obtained by virtue
of such threat was honestly claimed as restitution or indemnification
for harm done in the circumstances to which the accusation, exposure,
lawsuit or other official action relates or as compensation for property
or lawful service. The defendant shall have the burden of injecting
the issue of justification as to any threat.
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Purposely making a representation which is false and which
the actor does not believe to be true and upon which the victim relies,
as to a matter of fact, law, value, intention or other state of mind.
The word "deceit" does not, however, include falsity
as to matters having no pecuniary significance or puffing by statements
unlikely to deceive ordinary persons in the group addressed. Deception
as to the actor's intention to perform a promise shall not be inferred
from the fact alone that he did not subsequently perform the promise.
Means to:
Property or service in which any natural person, corporation,
partnership, association, governmental subdivision or instrumentality,
other than the actor, has a possessory or proprietary interest, except
that property shall not be deemed property of another if such person
has only a security interest in the property, even if legal title
is in the creditor pursuant to a conditional sales contract or other
security arrangement.
Anything of value, whether real or personal, tangible or
intangible, in possession or in action and shall include, but not
be limited to, the evidence of a debt actually executed but not delivered
or issued as a valid instrument.
Includes transportation, telephone, electricity, gas, water
or other public service, accommodation in hotels, restaurants or elsewhere,
admission to exhibitions and use of vehicles.
[Ord. No. 1244 §III, 4-3-1989]
A.
A person
commits the offense of stealing if he appropriates property or services
of another with the purpose to deprive him thereof, either without
his consent or by means of deceit or coercion.
B.
Evidence
of the following is admissible in any prosecution under this Section
on the issue of the requisite knowledge or belief of the alleged stealer:
1.
That he failed or refused to pay for property or services of a hotel,
restaurant, inn or boardinghouse;
2.
That he gave in payment for property or services of a hotel, restaurant,
inn or boardinghouse a check or negotiable paper on which payment
was refused;
3.
That he left the hotel, restaurant, inn or boardinghouse with the
intent to not pay for property or services;
4.
That he surreptitiously removed or attempted to remove his baggage
from a hotel, inn or boardinghouse.
C.
This
Section shall not apply where:
1.
The value of the property or services appropriated is one hundred
fifty dollars ($150.00) or more;
2.
The actor physically takes the property appropriated from the person
of the victim; or
3.
The property appropriated consists of:
a.
Any motor vehicle, watercraft or aircraft;
b.
Any will or unrecorded deed affecting real property;
c.
Any credit card or letter of credit;
d.
Any firearms;
e.
A United States national flag designed, intended and used for display
on buildings or stationary flagstaffs in the open;
f.
Any original copy of an act, bill or resolution introduced or acted
upon by the legislature of the State of Missouri;
g.
Any pleading, notice, judgment or any other record or entry of any
court of this State, any other State or of the United States;
i.
Any animal of the species of horse, mule, ass, cattle, swine, sheep
or goat;
j.
Live fish raised for commercial sale with a value of seventy-five
dollars ($75.00); or
k.
Any narcotic drugs as defined by RSMo., Section 195.010.
[R.O. of 1966 §620.050]
No person in the City shall have upon his person or in his possession
any instrument, tool, or other implement for picking locks or pockets,
or any implement that is usually employed or that reasonably may be
inferred to have been designed to be employed in the commission of
any felony, misdemeanor or the violation of any ordinance, who shall
fail to account satisfactorily for the possession of the same.
[R.O. of 1966 §620.070]
No person in the City shall keep a place where lost or stolen
property is concealed.
[1]
Editor's Note — Ord. no. 1877 §1, adopted September
20, 2007, repealed section 210.360 "resisting or interfering with
arrest" in its entirety. Former section 210.360 derived from ord.
no. 1244 §III, 4-3-89.
[Ord. No. 1878 §1, 9-20-2007]
A.
COURSE OF CONDUCT
CREDIBLE THREAT
HARASSES
Definitions. As used in this Section, the following terms
shall mean:
A pattern of conduct composed of a series of acts, which
may include electronic or other communications, over a period of time,
however short, evidencing a continuity of purpose. Constitutionally
protected activity is not included within the meaning of "course
of conduct". Such constitutionally protected activity includes
picketing or other organized protests.
A threat made with the intent to cause the person who is
the target of the threat to reasonably fear for his or her safety.
The threat must be against the life of, or a threat to cause physical
injury to, a person and may include a threat communicated to the targeted
person in writing, including electronic communications, by telephone
or by the posting of a site or message that is accessible via computer.
To engage in a course of conduct directed at a specific person
that serves no legitimate purpose, that would cause a reasonable person
to suffer substantial emotional distress and that actually causes
substantial emotional distress to that person.
B.
Any
person who purposely and repeatedly harasses or follows with the intent
of harassing another person commits the crime of stalking.
C.
Any
person who purposely and repeatedly harasses or follows with the intent
of harassing or harasses another person and makes a credible threat
with the intent to place that person in reasonable fear of death or
serious physical injury commits the crime of aggravated stalking.
D.
The
crime of stalking shall be a Class A misdemeanor for the first (1st)
offense. A second (2nd) or subsequent offense within five (5) years
of a previous finding or plea of guilt against any victim shall be
a Class D felony.
E.
The
crime of aggravated stalking shall be a Class D felony for the first
(1st) offense. A second (2nd) or subsequent offense within five (5)
years of a previous finding or plea of guilt against any victim shall
be a Class C felony.
F.
Any
Law Enforcement Officer may arrest, without a warrant, any person
he or she has probable cause to believe has violated the provisions
of this Section.
