As used in this Article, the following terms mean:
Any place which at the time of the offense is not open to
the public. It includes property which is owned publicly or privately.
Any property in which the person does not have a possessory
interest.
Any place which at the time of the offense is open to the
public. It includes property which is owned publicly or privately.
A.
A person commits the offense of peace disturbance if he or she:
1.
Unreasonably and knowingly disturbs or alarms another person
or persons by:
a.
Loud noise; or
b.
Offensive language addressed in a face-to-face manner to a specific
individual and uttered under circumstances which are likely to produce
an immediate violent response from a reasonable recipient; or
c.
Threatening to commit a felonious act against any person under
circumstances which are likely to cause a reasonable person to fear
that such threat may be carried out; or
d.
Fighting; or
e.
Creating a noxious and offensive odor.
A person commits the offense of unlawful assembly if he/she
knowingly assembles with six (6) or more other persons and agrees
with such persons to violate any of the criminal laws of this State
or of the United States with force or violence.
A person commits the offense of rioting if he/she knowingly
assembles with six (6) or more other persons and agrees with such
persons to violate any of the criminal laws of this State or of the
United States with force or violence and thereafter, while still so
assembled, does violate any of said laws with force or violence.
A person commits the offense of refusal to disperse if, being
present at the scene of an unlawful assembly or at the scene of a
riot, he/she knowingly fails or refuses to obey the lawful command
of a Law Enforcement Officer to depart from the scene of such unlawful
assembly or riot.
[CC 1974 §13-14.1; Ord. No. 940 §§1 — 2, 7-7-1976]
A.
LOUD AND BOISTEROUS CONDUCT
PUBLIC THOROUGHFARE
QUASI-PUBLIC THOROUGHFARE
Definitions. For the purpose of this Section, the following
terms are defined as follows:
Actions by persons which would be considered as a chargeable offense of disturbing the peace, as defined under Section 215.670 et seq. of the Code of Ordinances of the City of Richmond, Missouri, and including, but not limited to, yelling, quarreling, bickering, shouting or conduct against the peace and dignity of the citizens of Richmond, Missouri.
A street or alleyway dedicated to public use and maintained
by the City of Richmond, Missouri, as a public street or alley within
the corporate limits of the City of Richmond, Missouri.
A parcel of private property located immediately adjacent
to a public thoroughfare paved or surfaced in such a manner as to
be passable to vehicular traffic and used by the landowner in such
a manner as to allow the public to drive through such property and
use the property similar to the use of a public thoroughfare.
B.
Prohibition. It shall hereafter be unlawful for any person
to congregate on a quasi-public thoroughfare who shall conduct himself/herself
thereon in loud and boisterous conduct against the peace and dignity
of the citizens of Richmond, Missouri. Any person who shall congregate
in a quasi-public thoroughfare and conduct himself/herself in loud
and boisterous conduct shall be considered guilty of a misdemeanor.
A.
For purposes of this Section, "house of worship" means any church,
synagogue, mosque, other building or structure, or public or private
place used for religious worship, religious instruction, or other
religious purpose.
B.
A person commits the offense of disrupting a house of worship if
such person:
1.
Intentionally and unreasonably disturbs, interrupts, or disquiets
any house of worship by using profane discourse, rude or indecent
behavior, or making noise either within the house of worship or so
near it as to disturb the order and solemnity of the worship services;
or
2.
Intentionally injures, intimidates, or interferes with or attempts
to injure, intimidate, or interfere with any person lawfully exercising
the right of religious freedom in or outside of a house of worship
or seeking access to a house of worship, whether by force, threat,
or physical obstruction.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits the offense of unlawful funeral protest if he or
she pickets or engages in other protest activities within three hundred
(300) feet of any residence, cemetery, funeral home, church, synagogue
or other establishment during or within one (1) hour before or one
(1) hour after the conducting of any actual funeral or burial service
at that place.
B.
OTHER PROTEST ACTIVITIES
FUNERAL and BURIAL SERVICE
Definitions. As used in this Section, the following
terms mean:
Any action that is disruptive or undertaken to disrupt or
disturb a funeral or burial service.
The ceremonies and memorial services held in conjunction with the burial or cremation of the dead, but this Section does not apply to processions while they are in transit beyond any three-hundred-foot zone that is established under Subsection (A) above.
C.
The offense of unlawful funeral protest shall be an ordinance violation.
[Ord. No. 1859 §1, 2-12-2003]
A.
It
shall be unlawful for two (2) or more persons in any public place
in the City voluntarily or by agreement to engage in any fight or
use any blows or violence toward each other in any angry or quarrelsome
manner or to do each other any mischief. If any person shall assault
another and strike him in any public place to the terror or disturbance
of others, the person so offending shall be deemed guilty of an affray
and shall be in violation of the Section.
[Ord. No. 1859 §1, 2-12-2003]
A.
Every
person who may be found loitering around houses of ill fame, gambling
houses or places where liquors are sold or drunk without any visible
means of support, or who shall attend or operate any gambling device
or apparatus or be engaged in practicing any trick or device to procure
money or other thing of value, or who shall be engaged in any unlawful
calling whatsoever, and every able-bodied married man who shall neglect
or refuse to provide for the support of his family, and every person
found tramping or wandering around from place to place without any
visible means of support shall be deemed a vagrant and shall be in
violation of this Section.
[CC 1974 §13-22; Ord. No. 1324 §2, 2-24-1988]
A.
Any
person who, with intent to provoke a breach of the peace or whereby
a breach of the peace may be occasioned, commits any of the following
acts shall be deemed to have committed the offense of disorderly conduct:
1.
Uses offensive, disorderly, threatening, abusive or insulting language,
conduct or behavior.
2.
Acts in such a manner as to annoy, disturb, interfere with, obstruct
or be offensive to others or to any lawful assemblage.
3.
Congregates with others on a public street and refuses to move on
when ordered by the Police.
4.
Shouts or makes a noise either outside or inside a building during
the nighttime to the annoyance or disturbance of any considerable
number of persons.
5.
Interferes with any person in any place by jostling against such
person or unnecessarily crowding him/her or by placing a hand in the
proximity of such person's pocket or handbag.
6.
Frequents or loiters about any public place soliciting men or women
for the purpose of committing a crime against nature or other lewdness.
7.
Stands on sidewalks or street corners and makes insulting remarks
to or about passing pedestrians or annoys such pedestrians.
8.
Looks, peers or peeps into or is found loitering around or within
view of any window not on his/her property with the intent of watching
or looking through such window.
9.
Entering upon, or refusing to leave, any public property or facility
in violation of regulations promulgated by the official charged with
the security, care or maintenance of the property and approved by
the governing body of the public agency owning the property or facility,
where such regulations have been conspicuously posted or where immediately
prior to such entry, or subsequent thereto, such regulations are made
known by the official charged with the security, care or maintenance
of the property, his/her agent or a Police Officer, or where such
public property or facility shall have been closed by the official
in charge thereof, or in the event such property or facility is not
open to use by the general public, except that the provisions of this
Section shall not apply to peaceful picketing, public speaking or
other lawful expressions of opinion not in contravention of other
laws.
[Ord. No. 1618 §§1 —
9, 7-30-1997]
A.
It
shall be unlawful for any person to make, continue, cause or permit
to be made or caused any unreasonably loud, disturbing, unusual, excessive
or unnecessary noise or noise which annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others within the
City. The following sounds and noises, or acts creating such sounds
and noises, among others, are declared to be loud, disturbing and
unnecessary noises and sounds in violation of this Article, but such
enumeration shall not be deemed to be exclusive:
1.
Horns, bull horns, signalling devices, etc. The
sounding of any horn or signalling device on any automobile, motorcycle,
bus or other vehicle on any street or public place within the City
of Richmond, except as a danger warning; the creation by means of
any such signalling device of any unreasonably loud or harsh sound;
and the sounding of any such device for any unnecessary and unreasonable
period of time. The use of any signalling device except one operated
by hand or electricity; the use of any horn, whistle or other device
operated by engine exhaust; and the use of any such signalling device
when traffic is for any reason held up.
2.
Radios, cassette players, compact disc and/or laser disc
players, phonographs, etc. The using, operating or permitting
to be played, used or operated any radio receiving set, musical instrument,
phonograph or other machine or device for the producing or reproducing
of sound in such manner as to disturb the peace, quiet and comfort
of the neighboring inhabitants or at any time with louder volume than
is necessary for convenient hearing for the person or persons who
are in the room, vehicle or chamber in which such machine or device
is operated and who are voluntary listeners thereto. The operation
of any such set, instrument, phonograph, radios, public address systems
and all kinds and types of sound amplification systems between the
hours of 9:00 P.M. and 7:00 A.M. in such a manner as to be audible
to any person outside of the building, structure or vehicle in which
it is located shall be prima facie evidence of a violation of this
Section.
3.
Loudspeakers, amplifiers for advertising. The using,
operating or permitting to be played, used or operated of any radio
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
commercial advertising or attracting the attention of the public to
any building or structure.
4.
Yelling, shouting, etc. Yelling, shouting, hooting,
whistling or singing on public streets, particularly between the hours
of 9:00 P.M. and 7:00 A.M., or at any time or place so as to annoy
or disturb the quiet, comfort or repose of persons in any office,
or in any dwelling, hotel or other type of residence, or of any person
in the vicinity.
5.
Animals, birds, etc. The keeping of any animal or
bird which by causing frequent or long continued noise shall disturb
the comfort or repose of any person in the vicinity.
6.
Steam whistles. The blowing of any locomotive steam
whistle or steam 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 request of proper City authorities.
7.
Exhausts. The discharge into the open air of the
exhaust of any steam engine, stationary internal combustion engine,
motor boat or motor vehicle except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
8.
Defect in vehicle or load. The use of any automobile,
motorcycle or vehicle so out of repair, so loaded or in such manner
as to create loud and unnecessary grating, grinding, rattling or other
noise.
9.
Loading, unloading, opening boxes. The creation
of a loud and excessive noise in connection with loading or unloading
any vehicle or the opening and destruction of bales, boxes, crates,
and containers.
10.
Construction or repair of buildings. The erection
(including excavation), demolition, alteration or repair of any building
other than between the hours of 7:00 A.M. and 7:00 P.M. on weekdays;
except in case of urgent necessity in the interest of public health
and safety, and then only with a permit from the Building Inspector,
which permit may be granted for a period not to exceed three (3) days
or less while the emergency continues and which permit may be renewed
for periods of three (3) days or less while the emergency continues.
If the Building Inspector should determine that the public health
and safety will not be impaired by the erection, demolition, alteration
or repair of any building or the excavation of streets and highways
within the hours of 6:00 P.M. to 7:00 A.M., and if he/she shall further
determine that loss or inconvenience would result to any party in
interest, he/she may grant permission for such work to be done within
such hours, upon application being made at the time the permit for
the work is awarded or during the progress of the work.
11.
Schools, courts, churches, hospitals. The creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court while the same is in use, or adjacent
to any hospital, which unreasonably interferes with the workings of
such institution or which disturbs or unduly annoys patients in the
hospital, provided conspicuous signs are displayed in such streets
indicating that the same is a school, hospital or court street.
12.
Hawkers, peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood
or of any person.
13.
Drums. The use of any drum or any other instrument
or device for the purpose of attracting attention by creation of noise
to any performance, show or sale.
14.
Metal rails, pillars and columns, transportation thereof. The transportation of rails, pillars or columns of iron, steel or
other material over and along streets and other public places upon
carts, drays, cars, trucks, or in any other manner so loaded as to
cause loud noises or as to disturb the peace and quiet of such streets
or other public places or any person.
15.
Buses and trucks, operation thereof. The causing,
permitting or continuing any excessive, unnecessary and avoidable
noise in the operation of buses and trucks.
16.
Pile drivers, hammers, etc. The operation between
the hours of 10:00 P.M. and 7:00 A.M. of any pile driver, power shovel
or equipment, pneumatic hammer, derrick, steam or electric hoist or
other appliance, the use of which is attained by loud or unusual noise.
17.
Blowers. The operation of any noise-creating blower
or power fan or any internal combustion engine, the operation of which
causes noise due to the explosion of operating gases or fluids, unless
the noise from such blower or fan is muffled and such engine is equipped
with a muffler device sufficient to deaden such noise.
18.
The provisions of this Section shall apply to all parking lots, areas
of public access for businesses, and the parking and driving areas
around the same, and to all public streets, alleys, highways, roadways
and all other areas open for use by the general public such that none
of the acts prohibited by this Section may be lawfully performed in
such places during the hours of 9:00 P.M. to 7:00 A.M.
B.
Maintenance Prohibited. Any person who shall create, commit,
permit or continue a nuisance of any kind, nature or description in,
upon or about any private property in the City, which does or could
endanger life or limb, or damage or depreciate the value of property,
real or personal, or annoy or disturb the owners of property in or
about the area where such nuisance exists, shall be deemed guilty
of a misdemeanor.
C.
Inspection Of Premises Authorized — Abatement Procedure.
1.
The Building Inspector, the Director of Public Safety, the City Administrator,
the City Police and their representatives are hereby authorized to
examine and survey all buildings, structures, and premises within
the City between the hours of 8:00 A.M. and 8:00 P.M., except Sunday,
subject to the following conditions:
a.
Inspection shall be allowed only if a complaint has been received
by one (1) of the above-named officials and in the opinion of that
official there are reasonable grounds to believe that a violation
exists.
b.
Such inspection is part of a regular inspection program whereby certain
areas of the City are being inspected at the direction of the appropriate
official or the City Manager.
c.
Inspection shall be made by the appropriate official or the City
Manager or by their duly authorized representatives.
d.
Any person making an inspection shall furnish to the owner or occupant
of the building, structure or premises sought to be inspected sufficient
identification and information to enable such owner or occupant to
determine that he/she is an authorized City representative and the
purpose of the inspection.
e.
If the owner or occupant shall refuse to allow entry to the appropriate
official, City Manager or representative, such officer may apply to
a court of competent jurisdiction for a search warrant or other legal
process for the purpose of securing entry.
2.
The Municipal Judge may direct the owner or occupant of the premises
by written notice to remove, discontinue or abate any nuisance within
forty-eight (48) hours after service of such written notice, and any
person who shall fail to eliminate such nuisance within forty-eight
(48) hours after service of such notice shall be deemed guilty of
a misdemeanor, and each day thereafter such nuisance is maintained
shall constitute a separate offense. Nothing in this Section shall
be construed to prevent prosecution under this Section without notice
as provided herein, and abatement of the nuisance as provided herein
will not operate to prevent prosecution therefor.
D.
ANSI
ARI
ASHRAE
ASTM
DECIBEL
DISCRETE TONE
FLUCTUATING NOISE
IEC
IMPULSIVE NOISE
INTERMITTENT NOISE
ISO
MOTOR VEHICLE
NON-STEADY NOISE
PERIOD OF OBSERVATION
SAE
Definitions. For the purposes of this Section, whenever
any of the following words, terms, or definitions are used in this
Chapter, they shall have the meaning ascribed to them in this Section.
All acoustical terminology shall be that contained in American National
Standards Institute, S1-1 "Acoustical Technology".
The American National Standards Institute or its successor
bodies.
The Air Conditioning and Refrigeration Institute or its successor
bodies.
The American Society of Heating, Refrigerating and Air Conditioning
Engineers or its successor bodies.
The American Society for Testing Material or its successor
bodies.
A unit for measuring the volume of sound, equal to the logarithm
of the ratio of the intensity of the sound to the intensity of an
arbitrarily chosen standard sound; abbreviated "dB".
A sound wave whose instantaneous sound pressure varies essentially
as a simple sinusoidal function of the time.
A noise whose sound pressure level rises significantly but
does not equal the ambient environmental level more than once during
the period of observation.
The International Electrotechnical Commission or its successor
bodies.
Impulsive noise is characterized by brief excursions of sound
pressure (acoustic impulses) which significantly exceed the ambient
environmental sound pressure. The duration of a single impulse is
usually less than one (1) second.
A noise whose sound pressure level equals the ambient environmental
level two (2) or more times during the period of observation. The
period of time during which the level of the noise remains at an essentially
constant value different from that of the ambient is on the order
of one (1) second or more.
The International Organization for Standardization or its
successor bodies.
Any passenger vehicle, truck, truck-trailer or semi-trailer
propelled or drawn by mechanical power.
A noise whose level shifts significantly during the period
of observation.
The time interval during which acoustical data are obtained.
The period of observation is determined by the characteristics of
the noise being measured and should also be at least ten (10) times
as long as the response time of the instrumentation. The greater the
variance in indicated sound level, the longer must be the observation
time for a given expected accuracy of the measurement.
The Society of Automotive Engineers or its successor bodies.
E.
Noise Limit Levels.
1.
Motor vehicles. No person shall operate on the public
street a motor vehicle that produces a maximum noise exceeding the
following noise limit, at a distance of fifty (50) feet from the center
line of travel, under test procedures established by this Section:
|
|
Type of Vehicle
|
Noise Limit
| |
|---|---|---|---|
|
a.
|
Motorcycle.
|
86 dB (A)
| |
|
b.
|
Any motor vehicle with a gross weight of 8,000 pounds or more.
|
86 dB (A)
| |
|
c.
|
Passenger cars and any other motor vehicle.
|
84 dB (A)
| |
|
d.
|
Any other off highway vehicle including dune buggy, all-terrain
vehicle, go-cart, mini-bike.
|
82 dB (A)
| |
2.
Power equipment, tools, etc.
|
|
Type of Equipment
|
Noise Limit
| |
|---|---|---|---|
|
a.
|
Construction and industrial machinery, such as crawler-tractors,
dozers, rotary drills and augers, loaders, power shovels, cranes,
derricks, motor graders, paving machines, off-highway trucks, ditchers,
trenchers, compactors, scrapers, wagons, pavement breakers, compressors,
and pneumatic powered equipment, etc., but not including pile drivers.
|
88 dB (A)
| |
|
b.
|
Agricultural tractors and equipment.
|
88 dB (A)
| |
|
c.
|
Power equipment intended for repetitive use in residential area,
such as chain saws, pavement breakers, log chippers, powered hand
tools, etc.
|
88 dB (A)
| |
|
d.
|
Powered equipment intended for repetitive use in residential
areas. Such equipment includes lawn mowers, small lawn and garden
tools, riding tractors, snow removal equipment.
|
74 dB (A)
| |
F.
Declaration Of Nuisance.
1.
The causing or permitting to be caused the emission of any sound
or noise from any source in violation of the provisions of this Section
shall be deemed and hereby declared to be public nuisances and may
be subject to summary abatement procedures as provided by law. Such
abatement may be in addition to the proceedings, fines and penalties
provided for herein.
2.
Nothing herein shall be construed to impair any cause of action or
legal remedy therefor of any person or the public for injury or damage
resulting from the emission or release from any source, any noise
or sound that constitutes a common law nuisance.
G.
Test Procedures. Tests to determine whether maximum noise
emitted by motor vehicles, equipment and tools, the noise of which
is controlled by this Section, shall be performed at the place where
the motor vehicle, equipment or tools are located or at such other
place as may be directed by a public safety officer. Such tests shall
be performed through the use of a decibel meter approved by the Director
of Public Safety, which meter shall meet standards published pursuant
to the Occupational Safety and Health Act of 1970.
[CC 1974 §13-21; Rev. Ords. 1929, No. 27 §6]
Every person who shall willfully, maliciously or contemptuously
disquiet or disturb any camp meeting, congregation or other assembly
met for religious worship, when meeting at the place of worship or
dispersing therefrom, or any school or other meeting or assembly of
people met together for any lawful purpose whatever by making a noise
or by rude and indecent behavior or profane discourse within the place
of assembly, or so near the same as to interrupt or disturb the solemnity
thereof, or who shall willfully menace, threaten or assault any person
there, shall be deemed guilty of a misdemeanor.
