City of Herculaneum, MO
Jefferson County
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Table of Contents
Table of Contents
[Ord. No. 377 §§1 — 4, 12-12-1988; Ord. No. 32-2008 §1, 8-11-2008]
A. 
It shall be unlawful for any person within the City of Herculaneum, Missouri, to knowingly:
1. 
Carry 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. 
Set a spring gun; or
3. 
Discharge or shoot a firearm into a dwelling house, a railroad train, boat, aircraft or motor vehicle or any building or structure used for the assembling of people; or
4. 
Exhibit, in the presence of one (1) or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or
5. 
Possess or discharge a firearm or projectile weapon while intoxicated; or
6. 
Discharge a firearm within one hundred (100) yards of any occupied schoolhouse, courthouse or church building; or
7. 
Discharge or shoot a firearm at a mark, at any object or at random on, along or across a public highway or discharge or shoot a firearm into any outbuilding; or
8. 
Carry 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. 
Discharge or shoot a firearm at or from a motor vehicle, discharge or shoot 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. 
Carry 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. 
Paragraphs (1), (3), (4), (6), (7), (8), (9) and (10) of Subsection (A) of this Section shall not apply to or affect any of the following:
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 possessing 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 (G) of this Section, and who carry the identification defined in Subsection (H) 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;
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.; and
9. 
Any coroner, deputy coroner, medical examiner or assistant medical examiner.
C. 
Paragraphs (1), (5), (8) and (10) 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. Paragraph (1) of Subsection (A) of this Section does not apply to any person twenty-one (21) years of age or older 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 the 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 this State. Paragraph (10) 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. 
Paragraphs (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. 
Paragraphs (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.
F. 
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 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.
G. 
As used in this Section, "qualified retired Peace Officer" means an individual who:
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 plan is available;
5. 
During the most recent twelve (12) month period, has met, at the expense of the individual, the standards of 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.
H. 
The identification required by Subdivision (1) of Subsection (B) of this Section is:
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.
I. 
Penalty. Any person violating any of the provisions of this Section shall, upon conviction thereof, by punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment.
[Ord. No. 19 §93-2; Ord. No. 04-022 §2, 10-11-2004; Ord. No. 52-2016 §1, 11-7-2016]
A. 
It shall be unlawful for any person to discharge in the City any air rifle, air gun or pistol, spring gun, gun or rifle containing a gas-propelled cartridge, any bow or arrow or any other similar weapon, whether such be classed as a toy or not, which implies with force a metal pellet of any kind or propels any metal or sharp pointed arrow; provided, that the provisions of this Section shall not apply to persons authorized to discharge firearms in the City or to persons discharging firearms or bows or arrows in a target or archery range authorized by the City.
B. 
This prohibition shall not apply to any residential property located within the City of Herculaneum when such property consists of a contiguous tract of land or multiple tracts of land owned by the same individual or individuals and said property has a total contiguous acreage of twenty-five (25) acres or more.
C. 
This prohibition shall not apply to any bow or arrow used for bow fishing, provided that such activity complies with the regulations of the Missouri Department of Conservation. Any bow or arrow used for bow fishing shall not be discharged from a public street, bridge or overpass.
[Ord. No. 19 §93-3]
A. 
The term "air gun" as used in this Section shall mean any small gun or rifle capable of discharging a leaden or metallic bullet, or any pellet, by means of a spring or air pressure.
B. 
It shall be unlawful for any person to sell, offer for sale, give away or distribute any air gun to any minor under the age of eighteen (18) years.
[Ord. No. 19 §93-4; Ord. No. 04-022 §1, 10-11-2004]
A. 
It shall be unlawful for any person, within this City, to hunt birds or small animals with dogs, guns, stones, or other kinds of missiles or weapons, or to trap same.
B. 
This prohibition shall not apply to any residential property located within the City of Herculaneum when such property consists of a contiguous tract of land or multiple tracts of land owned by the same individual or individuals and said property has a total contiguous acreage of twenty-five (25) acres or more.
[1]
Editor's Note — Ord. no. 22-2010 §1, adopted August 9, 2010, repealed section 210.050 "prohibiting an owner, employee or manager/supervisor from activating pumping device to dispense fuel — when" in its entirety. Former section 210.050 derived from ord. no. 39-2008 §§1 — 6, 10-27-08.
[Ord. No. 19 §93-7]
No person shall falsely represent himself to be an officer of this City, of the County or of the State or Federal Government, or, without being lawfully authorized, shall exercise any of the duties, functions or powers of any such officer.
[Ord. No. 19 §93-8; Ord. No. 03-011 §1, 5-12-2003]
A. 
A person commits the crime of resisting or interfering with arrest, detention or stop if, knowing that a Police Officer is making an arrest or attempting to lawfully detain or stop an individual or vehicle, or the person reasonably should know that a Police Officer is making an arrest or attempting to lawfully detain or lawfully stop an individual or vehicle, for the purpose of preventing the officer from effecting the arrest, stop or detention, the person:
1. 
Resists the arrest, stop or detention of such person by using or threatening the use of violence or physical force or by fleeing from such officer; or
2. 
Interferes with the arrest, stop or detention of another person by using or threatening the use of violence, physical force or physical interference.
B. 
This Section applies to arrests, stops or detentions with or without warrants and to arrests, stops or detentions for any crime, infraction or ordinance violation.
C. 
A person [who*] is presumed to be fleeing a vehicle stop if that person continues to operate a motor vehicle after that person has seen or should have seen clearly visible emergency lights or has heard or should have heard an audible signal emanating from the Police vehicle pursuing that person.
D. 
No person shall hinder, obstruct or otherwise interfere with an officer of this City in the discharge of his official duties.
[1]
Editor's Note — The word "who" was in the original ordinance.
[Ord. No. 19 §93-9; Ord. No. 03-043 §1, 11-10-2003]
A. 
No person shall give, make or cause a false Police or fire alarm or call within the City of Herculaneum.
B. 
In the event of violation of Subsection (A) of this Section, and in the event said violation is intentional, the person giving, making or causing a false Police or fire alarm or call shall be subject to a fine of up to five hundred dollars ($500.00) per false alarm or call in the Municipal Court of the City of Herculaneum.
C. 
In the event of violation of Subsection (A) of this Section, and in the event such a violation is due to faulty equipment, and if such false Police or fire alarm shall occur three (3) or more times within a one (1) month period, the person giving, making or causing a false Police or fire alarm or call shall be subject to a fine of up to five hundred dollars ($500.00) per false alarm or call in the Municipal Court of the City of Herculaneum.
[Ord. No. 19 §93-10]
No person while being lawfully detained or imprisoned or held in legal custody by any officers of this City, shall break away, escape or attempt to escape from such officer or prison.
[Ord. No. 19 §93-11]
No person shall attempt to rescue any person from the custody of an officer of the City.
[Ord. No. 19 §93-24; Ord. No. 01-023 §1, 9-24-2001; Ord. No. 03-012 §1, 6-23-2003; Ord. No. 06-068 §1, 7-24-2006; Ord. No. 06-2008 §1, 1-14-2008; Ord. No. 42-2016 §1, 9-19-2016[1]; Ord. No. 33-2016 § 1, 8-15-2016[2]]
A. 
A person commits the offense of stealing if he or she:
1. 
Appropriates property or services of another with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion;
2. 
Attempts to appropriate anhydrous ammonia or liquid nitrogen of another with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion; or
3. 
For the purpose of depriving the owner of a lawful interest therein, receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen.
B. 
Upon conviction, any person violating the terms of this Section shall be punished by a fine not more than five hundred dollars ($500.00) or by imprisonment for a term not to exceed ninety (90) days or by both such fine and imprisonment. A person found guilty of the offense of driving while intoxicated as a first offense shall not be granted a suspended imposition of sentence unless such person shall be placed on probation for a minimum of two (2) years.
[1]
Editor’s Note: Section 3 of this ordinance provided an effective date of 1-1-2017.
[2]
Editor’s Note: Section 3 of this ordinance provided an effective date of 1-1-2017.
[Ord. No. 06-045 §1, 7-24-2006]
A. 
A person commits the crime of tampering if he or she:
1. 
Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or
2. 
Unlawfully rides in or upon another's automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle; or
3. 
Tampers or makes connection with property of a utility; or
4. 
Tampers with, or causes to be tampered with, any meter or other property of an electric, gas, steam or water utility, the effect of which tampering is either:
a. 
To prevent the proper measuring of electric, gas, steam or water service; or
b. 
To permit the diversion of any electric, gas, steam or water service.
B. 
In any prosecution under Subdivision (4) of Subsection (A), proof that a meter or any other property of a utility has been tampered with, and the person or persons accused received the use or direct benefit of the electric, gas, steam or water service, with one (1) or more of the effects described in Subdivision (4) of Subsection (A), shall be sufficient to support an inference which the trial court may submit to the trier of fact from which the trier of fact may conclude that there has been a violation of such Subdivision by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.
[Ord. No. 19 §93-25]
If the property stolen within the meaning of Section 210.120 is a chattel and the person charged with stealing the same proves by a preponderance of the evidence that no further transfer was made, and that, at the time of the appropriation he intended merely to use the chattel and promptly to return or discontinue his use of it, he has a defense to a prosecution under such Section. "Chattel" as used in this Section does not include money, securities, negotiable instruments, documents of Title, postage or revenue stamps or other valuable papers.
[Ord. No. 19 §93-26]
A person who appropriates lost property shall not be deemed to have stolen the same within the meaning of Section 210.120, unless such property is found under circumstances which give the finder knowledge of or means of inquiry as to the true owner.
[Ord. No. 03-014 §1, 6-23-2003]
A. 
A person commits the crime of failing to return leased or rented property under five hundred dollars ($500.00) if, with the intent to deprive the owner thereof, he purposely fails to return leased or rented personal property to the place and within the time specified in an agreement in writing providing for the leasing or renting of such personal property. In addition, any person who has leased or rented personal property of another who conceals the property from the owner, or who otherwise sells, pawns, loans, abandons or gives away the leased or rented property is guilty of the crime of failing to return leased or rented property. The provisions of this Section shall apply to all forms of leasing and rental agreement including, but not limited to, contracts which provide the consumer options to buy the leased or rented personal property, lease-purchase agreements and rent-to-own contracts. For the purpose of determining if a violation of this Section has occurred, leasing contracts which provide options to buy the merchandise are owned by the owner of the property until such time as the owner endorses the sale and transfer of ownership of the leased property to the lessee.
B. 
It shall be prima facie evidence of the crime of failing to return leased or rented property when a person who has leased or rented personal property of another willfully fails to return or make arrangements acceptable with the lessor to return the personal property to its owner at the owner's place of business within ten (10) days after proper notice following the expiration of the lease or rental agreement. If such property has not been returned within the ten (10) day period prescribed in this Subsection, the owner of the property shall report the failure to return the property to the Police and such Police may within five (5) days notify the person who leased or rented the property that such person is in violation of this Section and that failure to immediately return the property may subject such person to arrest for the violation.
C. 
Proper notice by the lessor shall consist of a written demand addressed and mailed by certified or registered mail to the lessee at the address given at the time of making the lease or rental agreement. The notice shall contain a statement that the failure to return the property may subject the lessee to criminal prosecution.
D. 
Any person who has leased or rented personal property of another who destroyed such property so as to avoid returning it to the owner shall be guilty of property damage pursuant to Section 215.040 for the City of Herculaneum.
[Ord. No. 06-046 §1, 7-24-2006]
A. 
A person commits the crime of receiving stolen property if for the purpose of depriving the owner of a lawful interest therein he or she receives, retains or disposes of property of another knowing that it has been stolen or believing that it has been stolen.
B. 
Evidence of the following is admissible in any criminal prosecution pursuant to this Section to prove the requisite knowledge or belief of the alleged receiver:
1. 
That he or she was found in possession or control of other property stolen on separate occasions from two (2) or more persons;
2. 
That he or she received other stolen property in another transaction within the year preceding the transaction charged;
3. 
That he or she acquired the stolen property for a consideration which he or she knew was far below its reasonable value;
4. 
That he or she obtained control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce a person to believe the property was stolen.
[Ord. No. 19 §93-27; Ord. No. 562 §210.150(1), 2-14-1994; Ord. No. 06-019 §1, 3-27-2006]
A. 
A person commits a violation of this Section of passing a bad check, when:
1. 
With purpose to defraud, he/she makes, issues or passes a check or other similar sight order for the payment of money, knowing that it will not be paid by the drawee, or that there is no such drawee; or
2. 
He/she makes, issues, or passes a check or other similar sight order for the payment of money knowing that there are insufficient funds in his/her account or that there is no such account or no drawee and fails to pay the check or sight order within ten (10) days after receiving actual notice in writing that it has not been paid because of insufficient funds or credit with the drawee or because there is not such drawee.
B. 
As used in Subsection (A)(2) of this Section, actual notice in writing means notice of the non-payment which is actually received by the defendant. Such notice may include the service of summons or warrant upon the defendant for the initiation of the prosecution of the check or checks which are the subject matter of the prosecution if the summons or warrant contains information of the ten (10) day period during which the instrument may be paid and that payment of the instrument within such ten (10) day period will result in dismissal of the charges. The requirement of notice shall also be satisfied for written communications which are tendered to the defendant and which the defendant refuses to accept.
C. 
The amount charged for an insufficient fund check within the City of Herculaneum shall be twenty-five dollars ($25.00). Nothing herein shall prevent the City of Herculaneum from prosecuting someone for violating the provisions of Section 210.150 and, if prosecuted therefor, the maximum penalty shall be ninety (90) days in jail and/or a five hundred dollar ($500.00) fine.
[Ord. No. 562 §210.150(2), 2-14-1994]
A. 
A person commits the crime of fraudulently stopping payment of an instrument if he/she, knowingly, with the purpose to defraud, stops payment on a check or draft given in payment for the receipt of goods or services.
B. 
It shall be prima facie evidence of a violation of this Section if a person stops payment on a check or draft and fails to make good the check or draft, or return or make and comply with reasonable arrangements to return the property for which the check or draft was given in the same or substantially the same condition as when received within ten (10) days after notice in writing from the payee that the check or draft has not been paid because of stop payment order by the issuer to the drawee.
C. 
"Notice in writing" means notice deposited as certified or registered mail in the U.S. Mail and addressed to the issuer at his/her address as it appears on the check or draft or to his/her last known address. The notice shall contain a statement that failure to make good the check or draft within ten (10) days of receipt of notice may subject the issuer to prosecution.
[Ord. No. 19 §93-28]
No person shall obtain food, lodging or other accommodation at any hotel, rooming, boarding or eating house, within this City, with intent to defraud the owner or keeper thereof. Any of the following facts or circumstances shall be prima facie evidence of such intent to defraud: that food, lodging or other accommodations were obtained from any hotel, rooming, boarding or eating house by false pretense or by false or fictitious show or pretense of any baggage or other property; that a check or other negotiable papers, upon which payment was refused, was given in payment for such food, lodging or other accommodations; that such hotel, rooming, boarding or eating house was left without payment or an offer to pay for such food, lodging or other accommodations; that baggage was removed or attempted to be removed surreptitiously; or that a fictitious name was used in registering; provided, that this Section shall not apply to any case where there has been an agreement for delay in payment.
[Ord. No. 03-008 §1, 5-12-2003]
A. 
A person commits the crime of fraudulent use of a credit device or debit device if the person uses a credit device or debit device for the purposes of obtaining services or property valued at under five hundred dollars ($500.00) knowing that:
1. 
The device is stolen, fictitious or forged; or
2. 
The device has been revoked or canceled; or
3. 
For any other reason his use of the device is unauthorized.
[Ord. No. 19 §93-29]
A. 
Any merchant, his agent or employee, who has reasonable grounds or probable cause to believe that a person has committed or is committing a wrongful taking of merchandise or money from a mercantile establishment, may detain such person in a reasonable manner and for a reasonable length of time for the purpose of investigating whether there has been a wrongful taking of such merchandise or money. Any such reasonable detention shall not constitute an unlawful arrest or detention, nor shall it render the merchant, his agent or employee, criminally or civilly liable to the person so detained.
B. 
Any person willfully concealing unpurchased merchandise of any mercantile establishment, either on the premises or outside the premises of such establishment, shall be presumed to have so concealed such merchandise with the intention of committing a wrongful taking of such merchandise and the finding of such unpurchased merchandise concealed upon the person or among the belongings of such person by a merchant, his agent or employee, in order that recovery of such merchandise may be effected, and any such reasonable detention shall not be deemed to be unlawful, nor render such merchant, his agent or employee criminally or civilly liable.
C. 
For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them:
MERCANTILE ESTABLISHMENT
Any mercantile place of business in, at or from which goods, wares and merchandise are sold, offered for sale or delivered from and sold at retail or wholesale.
MERCHANDISE
All goods, wares and merchandise offered for sale or displayed by a merchant.
MERCHANT
Any person engaged in the business of selling goods, wares and merchandise in a mercantile establishment.
WRONGFUL TAKING
Stealing of merchandise or money and any other wrongful appropriation of merchandise or money.
[Ord. No. 19 §93-30]
It shall be unlawful to remove carts, baskets or other devices furnished by merchants or storekeepers for the convenience of customers for use on the mercantile premises, from such premises without the express written consent of the merchant or storekeeper.
[Ord. No. 19 §93-31]
A. 
No person or any agent, employee or representative thereof, shall with intent to sell it or in any wise dispose of, merchandise, securities, service or anything offered directly or indirectly by such person to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligations relating thereto, or to acquire Title thereto or any interest therein make, publish, disseminate, circulate or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated or placed before the public, within this City, in:
1. 
Any newspaper, or other publication sold or offered for sale upon any public street, sidewalk or other public place within this City, or offered or delivered by carrier or other agency to any person or persons, or any subscribers, within this City, or;
2. 
On any sign in any manner posted, exposed or displayed upon any street, sidewalk or other place of a public nature within this City, or;
3. 
In any handbill or advertisement in any manner displayed or posted upon any street, sidewalk or other public place within this City, or;
4. 
In any placard, advertisement or handbill in any manner delivered, displayed, exhibited or carried on any street, sidewalk or other public place, within this City, or;
5. 
On any banner or sign flying across any street or from any building or structure of any kind, within this City, an advertisement of any sort regarding merchandise, securities, service or anything therein offered for sale to the public, which advertisement contains, in singular, plural, any assertion, statement or representation which is untrue, deceptive, or misleading, in whole or in part as to quantity, quality, character, kind, cost, or value of anything therein or thereby mentioned for sale.
[Ord. No. 19 §93-32]
No person in this City, shall set up or keep any gaming table or gambling device, at which any game of chance is being or may be played for money or property, or shall at any such table or device or at any game of chance bet, win or lose any money or property either by the use of specie or by means of anything representing the same, or shall suffer any such gaming table or gambling device at which any game of chance may be played to be set up or used on in any premises in his possession or under his or its control.
[Ord. No. 19 §93-33]
The practice of fortunetelling by palmistry, astrology, phrenology, clairvoyance or other methods is hereby prohibited.
[Ord. No. 19 §93-18; Ord. No. 563 §1, 2-28-1994; Ord. No. 06-018 §8, 3-27-2006; Ord. No. 06-022 §1, 4-10-2006]
A. 
No person shall engage in peace disturbance. Any person who shall do any of the following shall be guilty of peace disturbance:
1. 
Act in a violent or tumultuous manner toward another, where any person is placed in fear of safety of human life, limb or health;
2. 
Act in a violent or tumultuous manner toward another, where property of any person is placed in danger of being destroyed or damaged;
3. 
Cause, provoke or engage in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another;
4. 
Assemble or congregate with another or others for the purpose of causing, provoking or engaging in any fight or brawl or any other unlawful purpose;
5. 
Utter, while in a state of anger, in the presence of another any lewd or obscene words or epithets;
6. 
Use "fighting words" directed towards any person who becomes outraged and thus creates turmoil;
7. 
Be present, alone or in congregation with another or others, in or on any public or private ways without consent so as to halt the flow of vehicular or pedestrian traffic, including ingress and egress from public or private places;
8. 
Persist in disturbing the public peace and quiet by loud or aggressive conduct, having once been clearly informed by persons affected that he or she is, in fact, unreasonably causing such a disturbance, provided however, that notice need not be given when such persons affected reasonably believe that to do so would constitute a risk to their personal safety;
9. 
Disturb any lawful assemblage of people by any conduct or communication which, by its very existence, inflicts injury or tends to incite an immediate breach of peace or which prevents the peaceful and orderly conduct of such meeting after having been clearly informed that he or she is in fact unreasonably causing such a disturbance;
10. 
Disturb any congregation or assembly met for religious worship by any conduct or communication within the place of worship or so near thereto as to disturb the order or solemnity of the meeting;
11. 
Knowingly permit a person in any place owned or controlled by him or her to disturb the public peace by loud or boisterous conduct;
12. 
Any and all other conduct that knowingly and unreasonably disturbs the public peace.
[Ord. No. 09-2014 §1, 1-13-2014]
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. 
Uses fighting words directed towards another who becomes outraged and thus creates turmoil.
10. 
Assembles or congregates with another or others for the purpose of doing bodily harm to another.
11. 
Any person, by acts of violence, interferes with another's pursuit of a lawful occupation.
12. 
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.
13. 
Congregates with others on a public street and refuses to move on when ordered by the Police.
[1]
Editor's Note: Former Section 210.230, Public Assembly—Disturbing, as adopted and amended by Ord. No. 19 §93-19, was repealed 4-10-2006 by Ord. No. 06-022 § 2.
[1]
Editor's Note — Ord. no. 06-018 §10, adopted March 27, 2006, repealed section 210.240 "religious worship — disturbing" in its entirety. Former section 210.240 derived from ord. no. 19 §93-20. At the editor's discretion, this section has been reserved for the city's future use.
[Ord. No. 19 §93-21]
No person shall loiter in or upon the streets, parks, playgrounds, vacant lots, public grounds, public building, 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. 55 §1; Ord. No. 30-2008 §§1 — 2, 8-11-2008]
A. 
Any person who shall use, distribute, possess, purchase, sell or otherwise obtain any intoxicating liquor, malt liquor or non-intoxicating beer and shall be found in the City with any of said beverages in his possession, intending to drink, drinking or having drunk any of said beverages in or on any highway, thoroughfare, street, alley, place, way, parking lot or other area open to the public for vehicular or pedestrian travel or use, regardless of his legal status, or whether owned by the City or other public bodies or by private persons or in any public place shall be deemed guilty of a misdemeanor. Provided however, that the provisions of this Section shall not apply to:
1. 
Any person who has been granted a license or permit by City.
2. 
Any person possessing an approved beverage container containing alcoholic beverages for immediate consumption, within the boundaries of a civic event, which was obtained from an authorized concessionaire.
3. 
Any person possessing a beverage container containing alcoholic beverages for immediate consumption within thirty (30) feet of any designated outdoor dining or outdoor seating area of a restaurant duly authorized to provide outdoor dining or outdoor seating for its patrons. This exception shall apply only on those days when any permit for a civic event has been issued and only for the time during said event and within thirty (30) minutes thereafter.
4. 
Any person possessing an unopened alcohol beverage container, outside the boundaries of a civic event, which has been purchased from a licensed retailer for the purpose of transport to his residence or other private premises on which he is an invitee, guest or licensee for future consumption.
5. 
For purposes of this Section, the following words and phrases shall have the meanings set forth below, unless the context otherwise requires:
ALCOHOLIC BEVERAGE
Intoxicating liquor as defined in Section 310.020, RSMo.
BEVERAGE CONTAINER
Any metal, glass, plastic, wood, leather or animal skin or other container, can, bottle, jug or barrel, sealed or unsealed, designated or used for containing liquids intended for human consumption.
CIVIC EVENT
Any picnic, fair, festival, carnival or other event to which the general public is invited and for which a permit has been issued for use of public streets, parks or other public property or within the area of a public park or other public place.
[Ord. No. 08-2014 §1, 1-13-2014; Ord. No. 30-2016 §1, 8-15-2016[2]]
A. 
A person commits the offense of sexual misconduct if such person:
1. 
Exposes his or her genitals under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm; or
2. 
Has sexual contact in the presence of a third person or persons under circumstances in which he or she knows that such conduct is likely to cause affront or alarm; or
3. 
Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person; or
4. 
Solicits or requests another person to engage in sexual conduct under circumstances in which he or she knows that such request or solicitation is likely to affront or alarm.
[1]
Editor's Note: Former Section 210.270, Vagrancy, as adopted and amended by Ord. No. 19 §93-23, was repealed 3-27-2006 by Ord. No. 06-018 §11.
[2]
Editor’s Note: Section 3 of this ordinance provided an effective date of 1-1-2017.
[Ord. No. 595 §§1 — 5, 6-10-1996; Ord. No. 00-004, 2-14-2000]
A. 
Definitions. As used in this Section only, the following terms shall have the meanings set out herein:
DISTRIBUTE
A conveyance to the public by sale, barter, gift, or sample;
MINOR
A person under the age of eighteen (18);
PERSON
An individual, partnership, co-partnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision or any agency, board, department or bureau of the State or Federal Government, or any other legal entity which is recognized by law as the subject of rights and duties;
PROOF OF AGE
A driver's license or other generally accepted means of identification that contains a photograph of the individual and appears on its face to be valid, and which sets forth the age or date of birth of the person identified;
ROLLING PAPERS
Paper designed, manufactured, marketed or sold for use primarily as a wrapping or enclosure for tobacco, which enables a person to roll loose tobacco into a smokeable cigarette;
TOBACCO PRODUCTS
Any substance containing tobacco leaf, including but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco;
VENDING MACHINE
Any mechanical, electric or electronic self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products.
B. 
Required Signs. The owner of an establishment at which tobacco products or rolling papers are sold at retail or through vending machines shall cause to be prominently displayed in a conspicuous place at every display from which tobacco products are sold and on every vending machine where tobacco products are purchased a sign that shall:
1. 
Contain in lettering at least one-half (½) inch high on a white background the following: "IT IS A VIOLATION OF STATE LAW FOR CIGARETTES OR OTHER TOBACCO PRODUCTS TO BE SOLD TO ANY PERSON UNDER THE AGE OF 18"; and
2. 
Depict a pack of cigarettes at least two (2) inches high defaced by a red diagonal bisecting a surrounding red circle and the words "UNDER 18".
C. 
Proof Of Age. A person selling tobacco products or rolling papers or distributing tobacco products samples shall require proof of age from a perspective purchaser or recipient if an ordinary person would conclude on the basis of appearance that such perspective purchaser or recipient may be under the age of eighteen (18).
D. 
Distribution To Minors.
1. 
It shall be unlawful for any person to engage in tobacco product distribution to persons under eighteen (18) years of age.
2. 
No person shall sell any tobacco products or distribute any tobacco products or rolling papers to any minor. This Subsection shall not apply to the distribution by family members on property if it is not open to the public.
3. 
If a sale is made by an employee of the owner of an establishment in violation of this Section, the employee shall be guilty of an offense established in subparagraphs (1) and (2) of this Subsection. If a vending machine is in violation of this Section, the owner of the establishment shall be guilty of an offense established in subparagraphs (1) and (2) of this Subsection. If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of an offense established in subparagraphs (1) and (2) of this Subsection.
E. 
Violation And Penalty. Any person who violates Subsection (D) of this Section shall be fined twenty-five dollars ($25.00) for the first (1st) offense, one hundred dollars ($100.00) for the second (2nd) offense, and two hundred fifty dollars ($250.00) for a third (3rd) and subsequent offense.
[Ord. No. 98-003 §1, 4-13-1998]
It shall be unlawful for any person under the age of eighteen (18) years to purchase or attempt to purchase or possess or attempt to possess cigarettes, cigarette tobacco, cigarette wrappers, cigars, pipe tobacco, smokeless tobacco or other tobacco products.
[Ord. No. 00-004, 2-14-2000]
In the event a duly authorized Police Officer of the City of Herculaneum should find a person under the age of eighteen (18) in unlawful possession of tobacco products, the officer is authorized to seize said tobacco products as evidence. The officer shall then comply with all regulations regarding the seizure of evidence in effect within the City. In the event charges are filed, the evidence seized shall be returned only to a legal guardian or parent of the person under the age of eighteen (18) years. Said return shall be at the conclusion of any legal proceeding which may be filed either within the City or with the juvenile authorities. In the event a decision is made by the officer or the prosecutor not to pursue charges, then said product can be returned to the legal guardian or parent of the minor child upon the request of the legal guardian or parent. At the conclusion of any legal proceeding, or if said tobacco product is not requested by the legal guardian or parent within thirty (30) days from the seizure or thirty (30) days from the conclusion of any legal proceeding, whichever is later, then the same may be destroyed.
[Ord. No. 03-009 §1, 5-12-2003]
A. 
A person commits the crime of making a false report if he knowingly:
1. 
Gives false information to any person for the purpose of implicating another person in a crime; or
2. 
Makes a false report to a Police Office that a crime has occurred or is about to occur; or
3. 
Makes a false report or causes a false report to be made to a Police Officer, Fire Department or other organization official or volunteer, which deals with emergencies involving danger to life or property, that a fire or other incident calling for an emergency response has occurred or is about to occur.
B. 
It is a defense to prosecution under Subsection (A) of this Section that the actor retracted the false statement or report before the Police Officer or any other person took substantial action in reliance thereon.
[Ord. No. 07-2008 §1, 1-14-2008]
A. 
A person commits the offense of cyber harassment if, for the purpose of frightening or disturbing another person, he or she transmits or causes the transmission of an electronic communication or knowingly permits an electronic communication to be transmitted to another person from an electronic communications device under his or her control:
1. 
Using coarse or profane language offensive to a person of average sensibility;
2. 
Anonymously or repeatedly whether or not conversation occurs;
3. 
Threatens to commit any criminal act; or
4. 
Makes any false or misleading statement.
B. 
No person shall make or cause to be made an electronic communication, or permit an electronic communication to be made from an electronic communication device under the person's control, with the intent to frighten or disturb any other person in any manner described in this Section either by the direct action of the person initiating the communication or through the actions of a third (3rd) party, which third (3rd) party actions are instigated, initiated, prompted or brought about by the person's communication.
C. 
Any offense committed under this Section may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received.
D. 
As used in this Section, the following terms shall mean:
ELECTRONIC COMMUNICATION
The origination, emission, dissemination, transmission or reception of data, images, signals, sounds or other intelligence or equivalence of intelligence of any nature over any communication system by any method including, but not limited to, a fiber optic, electronic, magnetic, optical, digital or analog method. Such electronic communication shall include, but not be limited to, electronic mail, Internet-based communication, pager service and electronic text messaging.
ELECTRONIC COMMUNICATION DEVICE
Any instrument, equipment, machine or other device that facilitates telecommunication including, but not limited to, a computer, computer network, computer chip, computer circuit, scanner, telephone, cellular telephone, pager, personal communication device, transponder, receiver, radio, modem or device that enables the use of a modem.
E. 
Each electronic communication constituting the offense of cyber harassment shall be deemed a separate offense and shall be punishable by a fine of up to five hundred dollars ($500.00) per offense.
[Ord. No. 067-2006 §1, 8-14-2006; Ord. No. 40-2016 §1, 9-19-2016[1]]
A. 
A person commits the offense of financial exploitation of an elderly person or a person with a disability if such person knowingly obtains control over the property of the elderly person or person with a disability with the intent to permanently deprive the person of the use, benefit or possession of his or her property thereby benefitting the offender or detrimentally affecting the elderly person or person with a disability by:
1. 
Deceit;
2. 
Coercion;
3. 
Creating or confirming another person's impression which is false and which the offender does not believe to be true;
4. 
Failing to correct a false impression which the offender previously has created or confirmed;
5. 
Preventing another person from acquiring information pertinent to the disposition of the property involved;
6. 
Selling or otherwise transferring or encumbering property, failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record;
7. 
Promising performance which the offender does not intend to perform or knows will not be performed. Failure to perform standing alone is not sufficient evidence to prove that the offender did not intend to perform; or
8. 
Undue influence, which means the use of influence by someone who exercises authority over an elderly person or person with a disability in order to take unfair advantage of that person's vulnerable state of mind, neediness, pain, or agony. Undue influence includes, but is not limited to, the improper or fraudulent use of a power of attorney, guardianship, conservatorship, or other fiduciary authority.
B. 
Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly person or person with a disability in the management of his or her property, but through no fault of his or her own has been unable to provide such assistance.
C. 
Nothing in this Section shall limit the ability to engage in bona fide estate planning, to transfer property and to otherwise seek to reduce estate and inheritance taxes; provided that such actions do not adversely impact the standard of living to which the elderly person or person with a disability has become accustomed at the time of such actions.
D. 
It shall not be a defense to financial exploitation of an elderly person or person with a disability that the accused reasonably believed that the victim was not an elderly person or person with a disability.
E. 
Upon conviction, any person violating the terms of this Section shall be punished by a fine not more than five hundred dollars ($500.00) or by imprisonment for a term not to exceed ninety (90) days or by both such fine and imprisonment.
[1]
Editor’s Note: Section 3 of this ordinance provided an effective date of 1-1-2017.
[Ord. No. 15-2009 §§1 — 12, 6-8-2009]
A. 
Loud Noise Prohibited.
1. 
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 to a reasonable person would either annoy, disturb, injure or endanger the comfort, health, peace or safety of others within the City limits of the City.
2. 
The acts described in this Section, among other, are declared to be loud, disturbing and unnecessary noises in violation of this Section, but such enumeration shall not be deemed to be exclusive.
3. 
Nothing in this Section shall prohibit the City from holding a City-sponsored event, but any such event shall be held at a place and time that is reasonable after considering the nature of said event and the frequency thereof all as determined by the Board of Aldermen.
4. 
Nothing in this Section shall prohibit any noise that might otherwise be prohibited by this Section if said noise is related to a regularly scheduled sporting event or other similar activity that is associated with a school, church or organized baseball event.
B. 
Horns And Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the City, except as a danger warning, the creating by means of any such signaling device of any unreasonable loud or harsh sound, the sounding of any such device for any unnecessary and unreasonable period of time, the use of any signaling 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 signaling device when traffic is for any reason held up is hereby declared unlawful.
C. 
Radios, Phonographs, Etc.
1. 
It shall be unlawful to play or permit to be played any radio, phonograph, tape player, compact disc player, musical instrument or any similar device for producing or amplifying sound in a manner that disturbs the peace, quiet or comfort of the neighboring inhabitants.
2. 
Playing or permitting to be played any device described in Subsection (C)(1) so that it is plainly audible at a distance of fifty (50) feet from the building, structure or outdoor area in which the device is located shall be prima facie evidence and is hereby declared unlawful.
3. 
Except as allowed in Subsection (B) of this Section, it shall be unlawful for the operator of any vehicle to play or permit to be played any sound-producing or sound-amplifying device in or on the vehicle so that it is audible at a distance of fifty (50) feet from the vehicle.
4. 
Any resident of the City may apply either to the City Building Inspector or appear before the Board of Aldermen to request a special permit for a "residential party" to be held at such times as may be determined to be reasonable by the Building Inspector or Board of Aldermen.
D. 
Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling or singing on a public street or any other location 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 of residence or of any persons in the vicinity is hereby declared unlawful.
E. 
Animals.
1. 
The keeping of any animal that, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity is hereby declared unlawful.
2. 
No person shall own, keep or harbor any dog which by loud, continual or frequent barking, yowling or yelping shall annoy or disturb any neighborhood or any person or which habitually barks at or chases pedestrians or vehicles whatsoever to the annoyance of such pedestrian or drivers of such vehicles; provided however, that this Section shall not apply to the City dog pound, veterinary offices and hospitals or licensed kennels or pet shops.
F. 
Blowing Whistles. The blowing of any locomotive whistle or whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, or as a warning of fire or danger, or upon specific permission of the Board of Aldermen, is hereby declared unlawful.
G. 
Mufflers Required. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom, is hereby declared unlawful.
H. 
Vehicle Noise. The use of any automobile, motorcycle, truck, including, but not limited to, a trash truck or vehicle, so as to create loud and unnecessary grating, grinding, rattling, braking or other noise is hereby declared unlawful. No car, truck, or other motor vehicle shall be operated without a muffler which is of the same type or quality as was originally installed by the factory.
I. 
Loading And Unloading. The creation of a loud and excessive noise in connection with loading and unloading any vehicle or the opening and destruction of bales, boxes, crates and containers is hereby declared unlawful.
J. 
Construction, Repair And Demolition Of Buildings, Streets.
1. 
Buildings. It shall be unlawful to interfere with or disturb the peace and quiet of neighboring inhabitants by demolishing, constructing, altering or repairing any building or structure other than between the hours of sunrise and sunset unless a special permit is granted by the City Building Inspector or Board of Aldermen as set forth in Subsection (J)(5).
2. 
Streets. It shall be unlawful to interfere with or disturb the peace and quiet of neighboring inhabitants by excavating, grading, paving, constructing, altering or repairing any public or private street, drive or parking lot other than between the hours of sunrise and sunset unless a special permit is granted by the City Building Inspector or Board of Aldermen as set forth in Section Subsection (J)(5). Nothing in this Section shall prevent work on any public street, including utility installation, removal or repair, when the Building Inspector has determined that the work is necessary in order to minimize traffic disruption or for other necessary City purposes.
3. 
Utilities. It shall be unlawful to interfere with or disturb the peace and quiet of neighboring inhabitants by installing, removing or repairing any utility other than between the hours of sunrise and sunset unless a special permit is granted by the City Building Inspector or Board of Aldermen as set forth in Subsection (J)(5).
4. 
Site preparation. It shall be unlawful to interfere with or disturb the peace and quiet of neighboring inhabitants by operating any earthmoving, excavating, paving or tree cutting equipment other than between the hours of sunrise and sunset unless a special permit is granted by the City Building Inspector or Board of Aldermen as set forth in Subsection (J)(5).
5. 
Permits. Upon application, the Building Inspector or Board of Aldermen may grant a permit to any person extending the hours of work set forth in subparagraphs (1) through (4) for an identified project. The permit shall state the nature, location and extended hours of the work to be done. The permit may be granted for a period of time not to exceed three (3) days and may be renewed for periods not to exceed three (3) days on an emergency basis only as determined by the Building Inspector. A permit authorized by this Subsection shall be granted only if the Building Inspector first determines that the public health and safety will not be impaired by the permitted work and that significant loss or inconvenience would result to any party if the permit were not granted.
K. 
In Vicinity Of Schools And Churches. The creation of any excessive noise on any street adjacent to any school, institution of learning or church while the same is in use which disturbs or unduly annoys is hereby declared unlawful.
L. 
Penalty. Any person violating any of the provisions of this Section shall be deemed guilty of misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.