A.
A person
commits the offense of peace disturbance if:
1.
He/she unreasonably and knowingly disturbs or alarms another person
or persons by:
a.
Loud noise;
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;
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;
d.
Fighting; or
e.
Creating a noxious and offensive odor.
For the purposes of Sections 210.210 and 210.215, the following words shall have the meanings set out herein:
Any place which at the time is not open to the public. It
includes property which is owned publicly or privately.
Any property in which the actor does not have a possessory
interest.
Any place which at the time is open to the public. It includes
property which is owned publicly or privately.
If a building or structure is divided into separately occupied
units, such units are separate premises.
[Ord. No. 1415, 11-21-2016]
A.
CITY
dBA
DECIBEL (DB)
POINT OF ANNOYANCE
1.
2.
SOUND LEVEL METER
SOUND PRESSURE
VEHICULAR
Definitions. As used in this Section, the following
terms shall have the following meanings, unless the context clearly
indicates that a different meaning is intended:
The City of Pevely, Missouri.
Decibels shown in a reading made on the dBA scale.
A unit for measuring the volume of a sound, equal to twenty
(20) time the logarithm to the base ten (10) of the ratio of the pressure
of the sound measured to the reference pressure, which is twenty (20)
micropascals (twenty (20) micro newtons per square meter).
As to sounds emanating from a source on public or private property,
shall be a point one hundred fifty (150) feet in any direction from
the property line of the property from which the sound emanates.
As to sounds emanating from a source on a public or private
street, shall be a point fifty (50) feet from the point from which
the sound emanates.
An instrument used for measurement of the intensity of sound
and accurately calibrated in decibels. Readings shall be made on a
dBA scale.
The average rate at which sound energy is transmitted through
a unit area in a specified direction.
Pertaining to motor vehicles required to be registered with
the Department of Revenue for the State of Missouri.
B.
Restrictions. Provided that nothing herein shall
restrict the use of warning sounds by authorized emergency vehicles
operating in emergency circumstances, the following noise restrictions
are hereby established.
1.
The making, creation or permitting of any unreasonably loud,
disturbing, or unnecessary noise in the City is prohibited.
2.
The making, creation or permitting of any noise of such character,
intensity or duration as to be detrimental to the life, health or
welfare of any individual or which either steadily or intermittently
annoys, disturbs, injures or endangers the comfort, repose, peace
or safety of any individual is prohibited.
3.
It shall be prima facie evidence that noise is unreasonably
loud and disturbing:
a.
If, in residential zones, any person shall cause, suffer, allow
or permit sound from any source which, when measured at the point
of annoyance,
C.
Enumerated Unnecessary Noises. Sounds from the following sources, among others, are declared to be unreasonably loud, disturbing or unnecessary noises in violation of this Section, even if the noises referred to do not violate the noise levels specified in Subsection (B)(3) of this Section, above:
1.
Horns, signal devices and the like.
a.
The sounding of any horn or signal device of any automobile,
motorcycle, bus or other vehicle while not in motion, except as a
danger signal that another vehicle is approaching dangerously.
b.
The sounding of any horn or signaling device of any automobile,
motorcycle, bus or other vehicle is not prohibited in the following
circumstances:
c.
Whenever the sounding of any horn or signal device is permitted
or required such sound shall not be unreasonably loud or harsh and
shall not be emitted for an unreasonable duration of time.
2.
Animals and birds. The keeping of any animal
or bird which, by causing frequent or long-continuing sounds, disturbs
the comfort and repose of any person in the vicinity. Frequent shall
mean issuance of such sound once in every five (5) minutes and long-continued
shall mean over a sixty (60) minute period.
3.
Defect in vehicle or noisy load. The operation
of any automobile, motorcycle or other vehicle on any public or private
street so out of repair or loaded in such a manner as to create loud
or unnecessary grating, grinding, rattling or other noise.
4.
Steam whistles. The blowing of any steam whistle
attached to any stationary boiler, except to give notice of the time
to begin or stop work or as a warning of danger.
5.
Exhausts. The discharge into the open air of
the exhaust of any steam engine, stationary internal combustion engine,
motor vehicle or motorcycle engine except through a muffler or other
device which meets the standards established for such devices by applicable
Missouri State laws and regulations.
6.
Mechanical devices operated by compressed air, unless the noise
created thereby is effectively muffled and reduced.
7.
The creation of a loud or excessive noise in connection with
loading or unloading any vehicle or the opening or destruction of
bales, boxes, crates and containers.
8.
The sounding of any bell, gong or device attached to any building
or premises, particularly during the hours between 9:00 P.M. and 6:00
A M., which disturbs the quiet repose of any persons in the vicinity
of the devices. This rule shall not apply if the bell, gong or device
is sounded as a warning of danger.
9.
The unnecessary or prolonged blowing or sounding of any horn,
whistle, bell or other device attached to any motor vehicle, bus or
truck while passing through the City or while loading passengers or
freight within the City.
10.
The use of mechanical loudspeakers or amplifiers on trucks or
other vehicles for advertising or other commercial purposes or to
produce sound outside the vehicle for any purpose, except when a specific
permit has been issued by the City Administrator.
11.
Construction activity, including but not limited to, excavation,
demolition, alteration, maintenance or repair upon the exterior of
any structure or on any property or any such interior activity, that
creates noise that can be heard beyond the property line, except:
a.
Between the hours of 6:00 A.M. and 7:00 P.M., weekdays (excluding
national holidays); or
b.
Between the hours of 9:00 A.M. and 6:00 P.M., on Saturdays (excluding
national holidays) ; or
c.
Construction activity performed by an owner or occupant of residential
property on Sundays or national holidays between the hours of 9:00
A.M. and 6:00 P.M., or
d.
At such times as are specifically permitted by the City Administrator,
in writing, on a case by case basis taking into consideration the
nature, volume and duration of the proposed activity, the times involved
and the likelihood for disturbing the peaceful enjoyment of other
properties.
D.
Schools, Courts, Churches. The creation of any loud
or excessive noise on any street adjacent to any school, institution
of learning, church or court, while the same are in session, and which
noise interferes with the workings of such institutions is prohibited,
but this restriction shall be in force only if signs are displayed
on such streets indicating that the same is a school, church or court
street or quiet zone.
E.
Non-Vehicular Noise Restrictions. No person shall
use or operate any facility, machine or instrument or produce or cause
to be produced any sound in the City, the sound pressure level of
which, measured at the point of annoyance, shall exceed the standard
noise level of the City for that location for that time of day. In
measuring sounds to determine if the standard noise level of the City
has been exceeded, the measurement shall be measured on the A-weighting
of an accurate sound-level meter. The background sound level is defined
as the sound level present when the offending noise source is silenced.
F.
Vehicular Noise Restrictions. No person shall operate,
within the limits of the City, any vehicle which emits sounds which
exceed the standard noise level of the City established for that type
vehicle when used under ordinary circumstances. For non-commercial
vehicles, the standard maximum noise level in the City is hereby established
as follows:
|
Type of Vehicle
|
Maximum Noise Level (dBA)
| |
|---|---|---|
|
Vehicles other than motorcycles
|
76
| |
|
Motorcycles
|
82
|
G.
Exemptions. The following are exempted from noise
level limits:
1.
Emergency construction, repair, paving demolition or alteration
of a street or building. Permission of the City Administrator shall
be proof that such emergency exists, but this shall not be the exclusive
proof.
2.
Emergency activities of municipal, County, State or Federal
government agencies and emergency activities of public utilities when
they are seeking to provide electricity, water or other public utility
services and the public health, safety or welfare are involved.
3.
Warning devices on authorized emergency vehicles and on vehicles
used for traffic safety purposes.
4.
Attendant on-site noise connected with the actual performance
of sporting events or with private social gatherings where music is
provided by a live band or orchestra or by recorded music provided
by loudspeakers where a specific permit for such social gathering
has been issued by the City Administrator. In regard to social gatherings,
no more than four (4) such permits shall be issued to any one (1)
resident address in any one (1) calendar year and in no case shall
the band or orchestra play outdoors or the loudspeaker operate outdoors
after the hour of 2:00 A.M.
5.
Power lawn mowers or leaf blowers when operated between the
hours of 8:00 A.M. (9:00 A.M. on Sundays) and 9:00 P.M.
6.
Snowblowers.
7.
Air conditioners that increase the background or ambient sound
level by no more than five (5) dBA.
H.
Sound Measurements. Sound measurements shall be
made with a sound-level meter.
I.
Prevailing Standards. Whenever any provision of
this Section conflicts with any other applicable municipal, County,
State or Federal ordinance or Statute, the higher standard shall prevail.
J.
Severability. The provisions of this Section are
severable. If any provision of this Section or its application to
any person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications of this Section which
can be given effect without the invalid provisions or applications.
K.
Complaints. Police Officers are empowered hereunder
to write complaints and issue and serve the same on persons violating
this Section with vehicles and other devices located on public or
private streets of the City. Police Officers are authorized to assist
residents of the City of Pevely in making sound-level measurements
for sounds emanating from public or private property other than streets
but any complaint relating thereto must be made in writing on forms
provided by the City for that purpose and signed by a Pevely resident.
Such written complaints shall thereafter be served on the landowner
or person in charge of the property from which the sound is emanating
and such complaint shall thereafter be disposed of in the ordinary
manner as other complaints in the Pevely Municipal Court.
L.
Nuisance, Injunction. Any violation of this Section
is declared to be a nuisance. In addition to any other relief provided
by this Section, the City Attorney may apply to a court of competent
jurisdiction for an injunction to prohibit the continuation of any
violation of this Section. Such application for relief may include
seeking a temporary restraining order, preliminary injunction and
permanent injunction.
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.
[Ord. No. 93 §§19
— 20, 5-23-1970]
A.
Public Assembly — Disturbing. No person, in this City,
shall disturb any lawful assemblage of people by rude and indecent
behavior or similar conduct.
B.
Religious Worship — Disturbing. No person, in this
City, shall disquiet or disturb any congregation or assembly met for
religious worship by making a noise, talking or whispering, or by
rude or indecent behavior, or by profane language within the place
of worship or so near thereto as to disturb the order or solemnity
of the meeting.
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.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
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.
PUBLIC PLACE
Definition. The following term shall be defined as follows:
Any place to which the general public has access and a right
of resort for business, entertainment or other lawful purpose, but
does not necessarily mean a place devoted solely to the uses of the
public. It shall also include the front or immediate area of any store,
shop, restaurant, tavern or other place of business and also public
grounds, areas or parks.
B.
It
shall be unlawful for any person to stand or remain idle either alone
or in consort with others in a public place in such manner so as to:
1.
Obstruct any public street, public highway, public sidewalk or any
other public place or building by hindering or impeding or tending
to hinder or impede the free and uninterrupted passage of vehicles,
traffic or pedestrians;
2.
Commit in or upon any public street, public highway, public sidewalk
or any other public place or building any act or thing which is an
obstruction or interference to the free and uninterrupted use of property
or with any business lawfully conducted by anyone in or upon or facing
or fronting on any such public street, public highway, public sidewalk,
or any other public place or building, all of which prevents the free
and uninterrupted ingress, egress and regress, therein, thereon and
thereto;
3.
Obstruct the entrance to any business establishment, without so doing
for some lawful purpose, if contrary to the expressed wish of the
owner, lessee, managing agent or person in control or charge of the
building or premises.
C.
When
any person causes or commits any of the conditions in this Section,
a Police Officer or any Law Enforcement Officer shall order that person
to stop causing or committing such conditions and to move on or disperse.
Any person who fails or refuses to obey such orders shall be guilty
of a violation of this Section.
[Ord. No. 1309 §1 8-19-2013]
A person commits the offense of affray if he or she together
with one (1) or more persons shall, in any public place in the City,
voluntarily or by agreement engage in any fight or use any blows or
violence toward the other or others in any angry or quarrelsome manner,
or do each other any willful mischief, or to assault or strike another
in any public place in the City to the terror or disturbance of others.
