City of New Melle, MO Offenses Concerning Public Peace

Any person who shall act in a violent or tumultuous manner toward another, whereby public property or property of any other person is placed in danger of being destroyed or damaged;

Any person who shall endanger lawful pursuits of another by acts of violence or threats of bodily harm;

Any person who shall cause, provoke or engage in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another or public property;

Any person who shall assemble or congregate with another or others and cause, provoke or engage in any fight or brawl;

Any person who shall assemble in bodies or in crowds and engage in unlawful activities;

Any person who shall frequent any public place or who assembles with another or others to obtain money or other valuable item from another by an illegal and fraudulent scheme, trick, artifice or device or attempt to do so;

Any person who utters, in a public place or any place open to the public, any obscene words or epithets;

Any person who shall use fight provoking words directed towards any person who becomes outraged and thus creates turmoil;

10.

Any person who shall assemble or congregate with another or others and do bodily harm to another;

11.

Any person who shall, by acts of violence, interfere with another's pursuit of a lawful occupation;

12.

Any person who shall congregate 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 to do so by a Peace Officer or other person having authority;

13.

Any person who damages, befouls or disturbs public property or the property of another so as to create a hazardous, unhealthy or physically offensive condition.

Section 210.210 Peace Disturbance.

A person commits the offense of peace disturbance if:

He/she unreasonably and knowingly disturbs or alarms another person or persons by:

Loud noise;

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;

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;

Fighting; or

Creating a noxious and offensive odor.

He/she 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:

Vehicular or pedestrian traffic; or

The free ingress or egress to or from a public or private place.

Section 210.213 Keeping Disorderly Premises.

[Ord. No. 195 §1(200.320), 11-19-2003]

A person commits the offense of keeping a disorderly premises if he/she shall permit, allow or encourage any peace disturbance, as defined in this Chapter, to occur or continue on premises owned or controlled by him/her.

Section 210.215 Private Peace Disturbance.

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:

Threatening to commit a crime or offense against any person; or

Fighting.

Section 210.220 Peace Disturbance Definitions.

For the purposes of Sections 210.210 and 210.215, the following words shall have the meanings set out herein:

PRIVATE PROPERTY

Any place which at the time is not open to the public. It includes property which is owned publicly or privately.

PROPERTY OF ANOTHER

Any property in which the actor does not have a possessory interest.

PUBLIC PLACE

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.

Section 210.223 Funeral Protests Prohibited, When — Funeral Defined.

It shall be unlawful for any person to engage in picketing or other protest activities within three hundred (300) feet of or about any location at which a funeral is held within one (1) hour prior to the commencement of any funeral and until one (1) hour following the cessation of any funeral. Each day on which a violation occurs shall constitute a separate offense.

For the purposes of this Section, "funeral" means the ceremonies, processions and memorial services held in connection with the burial or cremation of the dead.

Section 210.225 Unlawful Assembly.

[Ord. No. 195 §1(200.330), 11-19-2003]

A person violates this Section of unlawful assembly if two (2) or more persons assemble together in the City with the intent, or being assembled to agree mutually to assist one another, to do any unlawful act, with force or violence, against the person or property of another or against the peace or to the terror of the people as follows:

Business: A place, where service or items are offered for sale or orders taken, which has parking facilities for vehicles. It shall be comprised of the entire premises, including parking lots and areas for ingress and egress.

Commercial establishment: Any building and the grounds used therewith or any tract of land where services are offered to the public for a consideration or things are sold or are offered for sale or orders are taken for the sale thereof to the public.

Transacting business: Engaging in a transaction with the proprietor, agents or employees of the business which transaction is normally incidental to the business for which the public is invited and for which the premises are licensed.

This Section applies to congregating at commercial establishments generally.

Prohibited. It shall be unlawful for persons to intentionally congregate upon the grounds or within the buildings of a commercial establishment or upon public ways immediately adjacent thereto so as to block the aisles, doorways or other passageways into, out of or through the grounds or buildings of such commercial establishment. No persons shall congregate in crowds of two (2) or more outside vehicles on business premises when such persons are not transacting business on the premises.

Presumption of intent to congregate unlawfully. If any persons shall be congregated so as to block the aisles, doorways or other passageways into, out of or through such grounds or buildings and they shall be ordered by the manager or other person in charge of such commercial establishment to leave and they shall fail or refuse to do so, it shall be prima facie proof of their intent to unlawfully congregate under the provisions of this Section.

This Section applies to remaining on closed parking lots.

Prohibited. No person, except the owner, tenant or other person in possession or their invitees, shall be upon any public or private parking lot, nor upon any parking lot provided for the customers, business invitees or employees of any commercial or industrial establishment at any time any such public or private parking lot shall be closed to use by the public or any such commercial or industrial lot shall be closed to use by customers, business invitees and employees.

Section 210.230 Rioting. [1]

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.

Section 210.235 Refusal to Disperse.

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.