[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.
[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:
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.
[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:
[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.
MERCANTILE ESTABLISHMENT
MERCHANDISE
MERCHANT
WRONGFUL TAKING
For
the purposes of this Section, the following words and phrases shall
have the meanings respectively ascribed to them:
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.
All goods, wares and merchandise offered for sale or displayed
by a merchant.
Any person engaged in the business of selling goods, wares
and merchandise in a mercantile establishment.
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.
ALCOHOLIC BEVERAGE
BEVERAGE CONTAINER
CIVIC EVENT
For purposes of this Section, the following words and phrases shall
have the meanings set forth below, unless the context otherwise requires:
Intoxicating liquor as defined in Section 310.020, RSMo.
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.
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.
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.
[Ord. No. 595 §§1
— 5, 6-10-1996; Ord. No. 00-004, 2-14-2000]
A.
DISTRIBUTE
MINOR
PERSON
PROOF OF AGE
ROLLING PAPERS
TOBACCO PRODUCTS
VAPOR PRODUCT
VENDING MACHINE
Definitions. As used in this Section only, the following
terms shall have the meanings set out herein:
A conveyance to the public by sale, barter, gift, or sample.
A person under the age of twenty-one (21).
[Ord. No. 06-2020, 2-3-2020]
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.
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.
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.
Any substance containing tobacco leaf, including but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco,
or dipping tobacco but does not include alternative nicotine products,
or vapor products.
[Ord. No. 36-2018, 10-15-2018]
Any non-combustible product containing nicotine that employs
a heating element, power source, electronic circuit, or other electronic,
chemical or mechanical means, regardless of shape or size, that can
be used to produce vapor from nicotine in a solution or other form.
Vapor product includes any electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe, or similar product or device
and any vapor cartridge or other container of nicotine in a solution
or other form that is intended to be used with or in an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe,
or similar product or device. Vapor product does not include any alternative
nicotine product or tobacco product.
[Ord. No. 36-2018, 10-15-2018]
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, vapor 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 or vapor products
are sold and on every vending machine where tobacco products or vapor
products are purchased a sign that shall:
[Ord. No. 38-2018, 11-5-2018; Ord. No. 06-2020, 2-3-2020]
1.
Contain in lettering at least one-half (1/2) inch high on a white
background the following: "IT IS A VIOLATION OF STATE LAW FOR CIGARETTES
OR OTHER TOBACCO OR VAPOR PRODUCTS TO BE SOLD TO ANY PERSON UNDER
THE AGE OF TWENTY-ONE (21)"; 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 TWENTY-ONE (21)."
C.
Proof Of Age. A person selling tobacco products, vapor products
or rolling papers or distributing tobacco products or vapor product
samples shall require proof of age from a prospective purchaser or
recipient if an ordinary person would conclude on the basis of appearance
that such prospective purchaser or recipient may be under the age
of twenty-one (21).
[Ord. No. 38-2018, 11-5-2018; Ord. No. 06-2020, 2-3-2020]
D.
Distribution To Minors.
[Ord. No. 38-2018, 11-5-2018; Ord. No. 06-2020, 2-3-2020]
1.
It shall be unlawful for any person to engage in tobacco product
or vapor product distribution to persons under twenty-one (21) years
of age.
2.
No person shall sell any tobacco products or vapor products or distribute
any tobacco products, vapor 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 Subsection D(1) and (2) of this Section. If a vending machine is in violation of this Section, the owner of the establishment shall be guilty of an offense established in Subsection D(1) and (2) of this Section. If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of an offense established in Subsection D(1) and (2) of this Section.
[Ord. No. 98-003 §1, 4-13-1998; Ord. No. 36-2018, 10-15-2018; Ord. No. 06-2020, 2-3-2020]
It shall be unlawful for any person under the age of twenty-one
(21) 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 or vapor
products.
[Ord. No. 00-004, 2-14-2000; Ord. No.
36-2018, 10-15-2018; Ord. No. 06-2020, 2-3-2020]
In the event a duly authorized Police Officer of the City of
Herculaneum should find a person under the age of twenty-one (21)
in unlawful possession of tobacco products or vapor product, the officer
is authorized to seize said tobacco products or vapor product 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 twenty-one (21) 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 or vapor 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.
[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:
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.
ELECTRONIC COMMUNICATION
ELECTRONIC COMMUNICATION DEVICE
As
used in this Section, the following terms shall mean:
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.
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.
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 a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not more than the amount listed
in the Herculaneum Municipal Division Violations Bureau Fine Schedule.
Each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such hereunder.
[Ord. No. 03-2020, 1-6-2020]
