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City of Gerald, MO
Franklin County
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Table of Contents
Table of Contents
As used in this Article, the following terms mean:
PRIVATE PROPERTY
Any place which at the time of the offense is not open to the public. It includes property which is owned publicly or privately.
PROPERTY OF ANOTHER
Any property in which the person does not have a possessory interest.
PUBLIC PLACE
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.
2. 
Is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:
a. 
Vehicular or pedestrian traffic; or
b. 
The free ingress or egress to or from a public or private place.
A. 
A person commits the offense of private peace disturbance if he/she is on private property and unreasonably and purposely causes alarm to another person or persons on the same premises by:
1. 
Threatening to commit an offense against any person; or
2. 
Fighting.
B. 
For purposes of this Section, if a building or structure is divided into separately occupied units, such units are separate premises.
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.
A. 
No person shall commit any of the acts enumerated below, each of which if committed shall be deemed and considered disorderly conduct.
1. 
Act in such a manner as to annoy, disturb, interfere with, obstruct or be offensive to others;
2. 
By his/her actions cause a crowd to collect, except when lawfully addressing such a crowd;
3. 
Shout or make a noise either outside or inside a building during the nighttime to the annoyance or disturbance of the neighborhood;
4. 
Fight in public.
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. 
Definitions. As used in this Section, the following terms mean:
OTHER PROTEST ACTIVITIES
Any action that is disruptive or undertaken to disrupt or disturb a funeral or burial service.
FUNERAL and BURIAL SERVICE
The ceremonies and memorial services held in conjunction with the burial or cremation of the dead, but this Section does not apply to processions 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.
A. 
The City of Gerald hereby adopts and will enforce this policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individual engaged in nonviolent civil rights demonstrations. The City also prohibits the physical barring of any entrance or exit to such a facility and will enforce all applicable State laws regarding same.
B. 
Violations.
1. 
Any person found to be violating any provision of this Section shall be served by the City with written notice stating the nature of the violation.
2. 
Any person guilty of this violation shall be prosecuted for assault and on conviction thereof shall be fined and/or jailed as set forth in the applicable punishment provisions of the Gerald Municipal Code. Each day in which any such violations shall continue shall be deemed a separate offense.
3. 
Any person violating any of the provisions of this Section shall become liable to the City for any expense, loss or damage occasioned by the City by reason of such violation.
A person commits the offense of loitering if he/she idly loiters or aimlessly wanders about the City streets or other public property, whether standing, sitting, walking or riding in an automobile, between the hours of 12:01 A.M. and sunrise.