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; 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;
[Ord. No. 11-15, 9-1-2011]
A.
Sound
levels that peak at or greater than seventy-five (75) decibels measured
on the A scale (slow response mode) at the point of complaint will
be regulated by this Section.
1.
No person shall willfully, maliciously or knowingly disturb any congregation
or other assembly set for religious worship or other such lawful assembly
or worship, including, but not limited to, school, town or other bona
fide, legitimate meetings and assemblies.
2.
It shall be unlawful for any person to disturb the peace, interrupt,
or otherwise disrupt the orderly progress of any meeting of the Board
of Aldermen, or any other board, department, agency, committee or
commission of the City, nor shall any person who has been declared
out of order by the Presiding Officer at such meeting resist any request
for his/her removal from such meeting.
3.
It shall be unlawful for any person to keep, house, handle, carry,
transport or otherwise maintain any animal or bird which by causing
long, frequent and loud noise/sound disturbs the comfort and peace
of any person in the vicinity.
4.
Except as otherwise permitted by special event permit pursuant to Section 400.185 of this Code (the zoning regulations), or other action of the Board of Aldermen, or as otherwise provided in this Code, it shall be unlawful for any person to play, use or otherwise allow the playing or use of any sound-producing device or allow any other noise source from private property in which the sound emission peaks at or greater than seventy-five (75) decibels. The decibel reading shall be recorded at the place of complaint and shall not occur between the hours of 11:00 P.M. and 7:00 A.M. or at any other time in which the sound is of a volume, intensity or duration as to be detrimental to the reasonable comfort of another.
5.
No person shall play, use or otherwise permit or allow the playing
or use of any sound-producing device or other noise (including, but
not limited to, exhaust/motor noise) to be emitted from a vehicle
or any other source while on public property, including streets or
other public rights-of-way, which can be heard on any other private
or public property other than the location from which the vehicle
or other source is located between the hours of 11:00 P.M. and 7:00
A.M. Any sound emitted at a volume, intensity or duration from a vehicle
or other source at a level that is detrimental to the reasonable comfort
of any individual is unlawful at any time.
6.
Any building, excavation, demolition, alteration or any other construction
that creates noise of any type, including, but not limited to, the
actual work, related vehicular traffic, etc., that can be heard beyond
and/or off the construction or work site other than between the hours
of 7:00 A.M. and 7:00 P.M. is unlawful. Exception: If the City health,
building or other authorized city department deems it necessary, due
to public health or safety, permission may be granted on a temporary,
monitored basis.
7.
Yelling, shouting, hooting, whistling, singing or any other verbalization
conducted at such a level at any time or any place that annoys or
disturbs the quiet, comfort or repose of any person in the vicinity
is not permitted.
8.
Any ambulance, law enforcement, fire or other emergency personnel
or other persons authorized by the City, State or Federal Government
during the performance of their official duty shall be exempted from
the provisions of this Article.
9.
Except as otherwise permitted by special event permit or other action
of the Board of Aldermen, or as otherwise provided in this Code, it
shall be unlawful for any person to play, use or otherwise allow the
playing or use of any sound-producing device or allow any other noise
source from private property in the Historic Zoning District in which
the sound emission peaks at or greater than seventy-five (75) decibels.
The decibel reading shall be recorded at the place of complaint and
shall not occur between the hours of 11:00 P.M. and 7:00 A.M. or at
any other time in which the sound is of a volume, intensity or duration
as to be detrimental to the reasonable comfort of another. The provisions
of this Subsection shall not apply to sound emissions from trains,
or to the sound of church bells. The Historic Zoning District is as
defined by this Code and as shown on the adopted Zoning Map.
10.
It shall be unlawful to operate or use a Jacobs engine brake or other
exhaust or engine device without a muffler or with a malfunctional
muffler, as braking power to slow down a vehicle's rate of speed in
the City, except in emergencies. For the purpose of this Section,
a "Jacobs engine brake" is a hydraulic-electric engine
attachment that converts a diesel engine into an air compressor by
changing engine exhaust valve operation. Notice of this Subsection
shall be posted at prominent locations in the City by an appropriate
sign notifying motorists of the passage of this Subsection.
B.
Penalty. Any person, persons, firm, partnership, or corporation
violating any provisions of this Section shall upon conviction thereof
be fined not more than five hundred dollars ($500.00) or by imprisonment
for not more than ninety (90) days, or both. Each day this Section
or any part thereof is violated shall be and constitute a separate
offense and violations of this Section for which they may be punished.
For the purposes of Sections 215.130 and 215.140 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.
|
A.
A person
commits the offense of unlawful use of weapons if he/she knowingly:
1.
Carries concealed upon or about his/her person a knife, a firearm,
a blackjack or any other weapon readily capable of lethal use.
2.
Discharges or shoots a firearm within the City limits.
3.
Possesses a firearm or projectile weapon while intoxicated.
4.
Carries 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 school, 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 of the City, or into any public assemblage
of persons met for any lawful purpose, except as provided below.
B.
Subparagraphs (1), (2) and (4) of Subsection (A) of this Section shall not apply to or affect any of the following:
1.
All State, County and Municipal Law Enforcement Officers 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, 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; and
7.
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.
C.
Subparagraphs (1), (3) and (4) 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. Subparagraph (1) of Subsection (A) of this Section does not apply when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his/her dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through the City.
Any person within the limits of this City, who shall discharge
any cat gun, spring gun, air gun, or shall shoot any pebble, bullet,
slug or other hard substance by means of a sling, crossbow, rubber
band or bow or any other means shall be deemed guilty of a misdemeanor.
A person commits the offense of unlawful transfer of weapons
if he: Knowingly sells, leases, loans, gives away or delivers a blackjack
to a person less than eighteen (18) years old without the consent
of the child's custodial parent or guardian, or recklessly, as defined
in Section 562.016, RSMo, sells, leases, loans, gives away or delivers
any firearm to a person less than eighteen (18) years old without
the consent of the child's custodial parent or guardian; provided,
that this does not prohibit the delivery of such weapons to any Peace
Officer or member of the Armed Forces or National Guard while performing
his/her official duty.
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 1983 §75.170]
It shall be unlawful for any person to make, use or possess
on his/her person, or have under his/her control, any explosive device,
including a Molotov cocktail, containing flammable, combustible or
explosive material or substance which can be used as a fire bomb either
by igniting the fuse or breaking the device; provided however, any
person who can show that he/she is engaged in any lawful activity,
business, calling, employment or occupation requiring him/her to have
such a device or such material or substance in his/her possession
or under his/her control is hereby exempt from the operation of this
Section.
[CC 1983 §75.203]
A.
A person
shall be guilty of disorderly conduct if, with the purpose of causing
public danger, alarm, disorder, nuisance, or if his/her conduct is
likely to cause public danger, alarm, disorder or nuisance, he/she
willfully does any of the following acts in a public place:
1.
Commits an act in a violent and tumultuous manner toward another
whereby that other is placed in danger of his/her life, injury to
his/her limb or health.
2.
Commits an act in a violent and tumultuous manner toward another
whereby the property of any person is placed in danger of being destroyed
or damaged.
3.
Causes, provokes or engages in any fight, brawl or riotous conduct
so as to endanger the life, limb, health or property of another.
4.
Interferes with another's pursuit of a lawful occupation by acts
of violence.
5.
Resists or obstructs the performance of duties by City Police or
any other authorized official of the City, when known to be such an
official.
6.
Incites, attempts to incite, or is involved in attempting to incite
a riot.
7.
Addresses abusive language or threats to any member of the Police
Department, any other authorized official of the City who is engaged
in lawful performance of his/her duties, or any other person when
such words have a tendency to cause acts of violence. Words merely
causing displeasure, annoyance or resentment are not prohibited.
8.
Damages, befouls or disturbs public property or the property of another
so as to create a hazardous, unhealthy or physically offensive condition.
9.
Makes or causes to be made any loud, boisterous and unreasonable
noise or disturbance to the annoyance of any other persons nearby
or near to any public highway, road, street, lane, alley, park, square
or common, whereby the public peace is broken or disturbed or the
traveling public annoyed.
10.
Fails to obey a lawful order to disperse by a Police Officer when
known to be such an official, where one (1) or more persons are committing
acts of disorderly conduct in the immediate vicinity and the public
health and safety is imminently threatened.
11.
Uses abusive or obscene language or makes an obscene gesture.
