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.
4.
While on private property, unreasonably and purposely causes
alarm to another person or persons on the same premises by threatening
to commit an offense against any person or by fighting. For purposes
of this Subsection, if a building or structure is divided into separately
occupied units, such units are separate premises.
[Ord. No. 2016-1809 § 1, 12-20-2016[2]]
[2]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
B.
For purposes of this Section, an offense committed by means of writing,
telephonic communication or electronic communication shall be deemed
to have occurred at the place from which the communication was made
or sent and at the place where the communication was first heard or
read by the recipient.
[Ord. No. 2016-1809 § 1, 12-20-2016[3]]
[3]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
[1]
Editor’s Note: Former Section 220.220, Private Peace
Disturbance, was repealed 12-20-2016 by Ord. No. 2016-1809 §
1.
For the purposes of Sections 220.210 and 220.220 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. 2004-1385 §§1
— 2, 4-20-2004]
A.
ANTIQUE, CURIO OR RELIC FIREARM
1.
2.
BLACKJACK
BLASTING AGENT
CONCEALABLE FIREARM
DEFACE
DETONATOR
EXPLOSIVE WEAPON
FIREARM
FIREARM SILENCER
GAS GUN
INTOXICATED
KNIFE
KNUCKLES
MACHINE GUN
PROJECTILE WEAPON
RIFLE
SHORT BARREL
SHOTGUN
SPRING GUN
SWITCHBLADE KNIFE
Definitions. As used in this Section, the following terms
shall have the meanings indicated herein:
Any firearm so defined by the National Gun Control Act, 18
U.S.C. Title 26, Section 5845, and the United States Treasury/Bureau
of Alcohol, Tobacco and Firearms, 27 CFR Section 178.11 and Section
571.010, RSMo.
ANTIQUE FIREARMAny firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, said ammunition not being manufactured any longer; this includes any matchlock, wheel lock, flintlock, percussion cap or similar type ignition system or replica thereof.
CURIO OR RELIC FIREARM: Any firearm deriving
value as a collectible weapon due to its unique design, ignition system,
operation or at least fifty (50) years old, associated with a historical
event, renown personage or major war.
Any instrument that is designed or adapted for the purpose
of stunning or inflicting physical injury by striking a person and
which is readily capable of lethal use.
Any material or mixture, consisting of fuel and oxidizer
that is intended for blasting, but not otherwise defined as an explosive
under this Section, provided that the finished product, as mixed for
use of shipment, cannot be detonated by means of a numbered 8 test
blasting cap when unconfined.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
Any firearm with a barrel less than sixteen (16) inches in
length, measured from the face of the bolt or standing breech.
To alter or destroy the manufacturer's or importer's serial
number or any other distinguishing number or identification mark.
Any device containing a detonating charge that is used for
initiating detonation in an explosive, including, but not limited
to, electric blasting caps of instantaneous and delay types, non-electric
blasting caps for use with safety fuse or shock tube and detonating
cord delay connectors.
[Ord. No. 2016-1809 § 1, 12-20-2016[2]]
Any explosive, incendiary or poison gas bomb or similar device
designed or adapted for the propose of inflicting death, serious physical
injury or substantial property damage; or any device designed or adapted
for delivery or shooting such a weapon. For the purposes of this Article,
the term "explosive" shall mean any chemical compound mixture or device,
the primary or common purpose of which is to function by explosion,
including, but not limited to, dynamite and other high explosives,
pellet powder, initiating explosives, detonators, safety fuses, squibs,
detonating cords, igniter cords, and igniters or blasting agents.
[Ord. No. 2016-1809 § 1, 12-20-2016[3]]
Any weapon that is designed or adapted to expel a projectile
by the action of an explosive.
Any instrument, attachment or appliance that is designed
or adapted to muffle the noise made by the firing of any firearm.
Any gas ejection device, weapon, cartridge, container or
contrivance other than a gas bomb that is designed or adapted for
the purpose of ejecting any poison gas that will cause death or serious
physical injury, but not any device that ejects a repellant or temporary
incapacitating substance.
Substantially impaired mental or physical capacity resulting
from introduction of any substance into the body.
Any dagger, dirk, stiletto or bladed hand instrument that
is readily capable of inflicting serious physical injury or death
by cutting or stabbing a person. For purposes of this Chapter, "knife"
does not include any ordinary pocketknife with no blade more than
four (4) inches in length.
Any instrument that consists of finger rings or guards made
of a hard substance that is designed or adapted for the purpose of
inflicting serious physical injury or death by striking a person with
a fist enclosed in the knuckles.
Any firearm that is capable of firing more than one (1) shot
automatically, without manual reloading, by a single function of the
trigger.
Any bow, crossbow, pellet gun, slingshot or other weapon
that is not a firearm which is capable of expelling a projectile that
could inflict serious physical injury or death by striking or piercing
a person.
Any firearm designed or adapted to be fired from the shoulder
and to use the energy of the explosive in a fixed metallic cartridge
to fire a projectile through a rifled bore by a single function of
the trigger.
A barrel length of less than sixteen (16) inches for a rifle
and eighteen (18) inches for a shotgun, both measured from the from
the face of the bolt or standing breech, or an overall rifle or shotgun
length of less than twenty-six (26) inches.
Any firearm designed or adapted to be fired from the shoulder
and to use the energy of the explosive in a fixed shotgun shell to
fire a number of shot or a single projectile through a smooth bore
barrel by a single function of the trigger.
Any fused, timed or non-manually controlled trap or device
designed or adapted to set off an explosion for the purpose of inflicting
serious physical injury or death.
Any knife which has a blade that folds or closes into the
handle or sheath and
B.
Weapons — Unlawful Uses.
1.
A person commits the offense of unlawful use of weapons if he or
she knowingly:
a.
Carries concealed upon or about his or her person a knife, a
firearm, a blackjack or any other weapon readily capable of lethal
use into any area where firearms are restricted under Section 571.107,
RSMo.; or
[Ord. No. 2016-1809 § 1, 12-20-2016[4]]
[4]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
b.
Sets a spring gun; or
c.
Discharges or shoots a firearm within the City limits or into a dwelling
house, a railroad train, boat, aircraft or motor vehicle as defined
in Section 302.010, RSMo., or any building or structure used for the
assembling of people; or
d.
Exhibits, in the presence of one (1) or more persons, any weapon
readily capable of lethal use in an angry or threatening manner; or
e.
Possesses or discharges a firearm or projectile weapon while intoxicated;
or
f.
Discharges a firearm within one hundred (100) yards of any occupied
schoolhouse, courthouse or church building; or
g.
Discharges or shoots a firearm at a mark, at any object or at random
on, along or across a public highway or discharges or shoots a firearm
into any outbuilding; or
h.
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 election precinct on any election day, or into any building
owned or occupied by any agency of the Federal Government, State Government
or political subdivision thereof; or
i.
Discharges or shoots a firearm at or from a motor vehicle as defined
in Section 301.010, RSMo., discharges or shoots a firearm at any person,
or at any other motor vehicle, or at any building or habitable structure,
unless the person was lawfully acting in self-defense; or
j.
Carries a firearm, whether loaded or unloaded, or any other weapon
readily capable of lethal use into any school, onto any school bus,
or onto the premises of any function or activity sponsored or sanctioned
by school officials or the district school board.
2.
Subparagraphs (a), (c), (d), (f), (g), (h), (i) and (j) of Subdivision
(1) of this Subsection shall not apply to the persons described in
this Subsection, regardless of whether such uses are reasonably associated
with or are necessary to the fulfillment of such person's official
duties except as otherwise provided in this Subsection. Subdivisions
(c) and (d) of Subdivision (1) of this Section shall not apply to
or affect any of the following persons when such uses are reasonably
associated with or necessary to the fulfillment of such person's official
duties, except as otherwise provided in this Subsection:
[Ord. No. 2016-1809 § 1, 12-20-2016[5]]
a.
All State, County and municipal Peace 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, whether such officers are within or outside their jurisdictions
or on or off duty, or any person summoned by such officers to assist
in making arrests or preserving the peace while actually engaged in
assisting such officer;
b.
Wardens, superintendents and keepers of prisons, penitentiaries,
jails and other institutions for the detention of persons accused
or convicted of crime;
c.
Members of the Armed Forces or National Guard while performing their
official duty;
d.
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;
e.
Any person whose bona fide duty is to execute process, civil or criminal;
f.
Any Federal Probation Officer;
g.
Any State Probation or Parole Officer, including supervisors and
members of the Board of Probation and Parole;
h.
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.; and
i.
Any coroner, deputy coroner, medical examiner or assistant medical
examiner.
j.
Any municipal or county prosecuting attorney or assistant prosecuting
attorney; circuit attorney or assistant circuit attorney; municipal,
associate, or circuit judge; or any person appointed by a court to
be a special prosecutor who has completed the firearms safety training
course required under Subsection (2) of Section 571.111, RSMo.;
[Ord. No. 2016-1809 § 1, 12-20-2016[6]]
[6]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
k.
Any member of a Fire Department or fire protection district,
who is employed on a full-time basis as a fire investigator and who
has a valid concealed carry endorsement issued prior to August 28,
2013, or a valid concealed carry permit under Section 571.111, RSMo.,
when such uses are reasonably associated with or are necessary to
the fulfillment of such person's official duties; and
[Ord. No. 2016-1809 § 1, 12-20-2016[7]]
[7]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
l.
Upon the written approval of the Governing Body of a Fire Department
or fire protection district, any paid Fire Department or fire protection
district member who is employed on a full-time basis and who has a
valid concealed carry endorsement, when such uses are reasonably associated
with or are necessary to the fulfillment of such person's official
duties.
[Ord. No. 2016-1809 § 1, 12-20-2016[8]]
[8]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
[5]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
3.
Subparagraphs (a), (e), (h) and (j) of Subdivision (1) of this Subsection
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 (a)
of Subdivision (1) of this Subsection does not apply to any person
twenty-one (21) years of age or older transporting a concealable firearm
in the passenger compartment of a motor vehicle, so long as such concealable
firearm is otherwise lawfully possessed, nor when the actor is also
in possession of an exposed firearm or projectile weapon for the lawful
pursuit of game, or is in his or her dwelling unit or upon premises
over which the actor has possession, authority or control, or is traveling
in a continuous journey peaceably through this State. Subparagraph
(j) of Subdivision (1) of this Subsection does not apply if the firearm
is otherwise lawfully possessed by a person while traversing school
premises for the purposes of transporting a student to or from school
or possessed by an adult for the purposes of facilitation of a school-sanctioned
firearm-related event.
4.
Subparagraphs (a), (h) and (j) of Subdivision (1) of this Subsection
shall not apply to any person who has a valid concealed carry endorsement
issued pursuant to Section 571.101, RSMo., or a valid permit or endorsement
to carry concealed firearms issued by another State or political subdivision
of another State.
5.
Subparagraphs (c), (d), (e), (f), (g), (h), (i) and (j) of Subdivision
(1) of this Subsection shall not apply to persons who are engaged
in a lawful act of defense pursuant to Section 563.031, RSMo.
6.
Nothing in this Section shall make it unlawful for a student to actually
participate in school-sanctioned gun safety courses, student military
or ROTC courses, or other school-sponsored firearm-related events,
provided the student does not carry a firearm or other weapon readily
capable of lethal use into any school, onto any school bus or onto
the premises of any other function or activity sponsored or sanctioned
by school officials or the district school board.
7.
Any person knowingly aiding or abetting any other person in the violation
of Subparagraph (i) of Subdivision (1) of this Subsection shall be
subject to the same penalty as that prescribed by this Section for
violations by other persons.
C.
Carrying Firearms Prohibited — Penalty for Violation.
1.
It shall be a violation of this Section, punishable as hereinafter
provided, for any person to carry any concealed firearm into:
a.
Any Police, Sheriff or Highway Patrol office or station without the
consent of the Chief Law Enforcement Officer in charge of that office
or station. Possession of a firearm in a vehicle on the premises of
the office or station shall not be a violation so long as the firearm
is not removed from the vehicle or brandished while the vehicle is
on the premises.
b.
Within twenty-five (25) feet of any polling place on any election
day. Possession of a firearm in a vehicle on the premises of the polling
place shall not be a violation so long as the firearm is not removed
from the vehicle or brandished while the vehicle is on the premises.
c.
The facility of any adult or juvenile detention or correctional institution,
prison or jail. Possession of a firearm in a vehicle on the premises
of any adult, juvenile detention or correctional institution, prison
or jail shall not be a violation so long as the firearm is not removed
from the vehicle or brandished while the vehicle is on the premises.
d.
Any courthouse, courtrooms, administrative offices, libraries or
other rooms of any court whether or not such court solely occupies
the building in question. This Subparagraph shall also include, but
not be limited to, any juvenile, family, drug or other court offices,
any room or office wherein any of the courts or offices listed in
this Subparagraph are temporarily conducting any business within the
jurisdiction of such courts or offices, and such other locations in
such manner as may be specified by court rule pursuant to State law.
Nothing in this Subparagraph shall preclude those persons listed in
Subdivision (1) of Subsection (2) of Section 571.030, RSMo., while
within their jurisdiction and on duty, those persons listed in Subparagraphs
(2) and (4) of Subsection (2) of Section 571.030, RSMo., or such other
persons who serve in a law enforcement capacity for a court as may
be specified by court rule pursuant to State law from carrying a concealed
firearm within any of the areas described in this Subparagraph. Possession
of a firearm in a vehicle on the premises of any of the areas listed
in this Subparagraph shall not be a violation so long as the firearm
is not removed from the vehicle or brandished while the vehicle is
on the premises.
e.
Any meeting of the Frontenac Board of Aldermen. Possession of a firearm
in a vehicle on the premises shall not be a violation so long as the
firearm is not removed from the vehicle or brandished while the vehicle
is on the premises.
f.
Any building owned, leased or controlled in whole or in part by the
City of Frontenac identified by signs posted at the entrance to the
building. This Subparagraph shall not apply to any building used for
public housing by private persons, highways or rest areas, firing
ranges and private dwellings owned, leased or controlled by the City
of Frontenac. Persons violating this Subparagraph may be denied entrance
to the building, ordered to leave the building and, if employees of
the City, be subject to disciplinary measures for violation.
g.
Any establishment licensed to dispense intoxicating liquor or non-intoxicating
beer for consumption on the premises, which portion is primarily devoted
to that purpose, without the consent of the owner or manager. The
provisions of this Subparagraph shall not apply to the licensee of
said establishment. The provisions of this Subparagraph shall not
apply to any bona fide restaurant open to the general public having
dining facilities for not less than fifty (50) persons and that receives
at least fifty-one percent (51%) of its gross annual income from the
dining facilities by the sale of food. This Subparagraph does not
prohibit the possession of a firearm in a vehicle on the premises
as long as the firearm is not removed from the vehicle or brandished
while the vehicle is on the premises. Nothing in this Subparagraph
authorizes any individual who has been issued a concealed carry endorsement
to possess any firearm while intoxicated.
h.
Any area of an airport to which access is controlled by the inspection
of persons and property. Possession of a firearm in a vehicle on the
premises of the airport shall not be a violation so long as the firearm
is not removed from the vehicle or brandished while the vehicle is
on the premises.
i.
Any place where the carrying of a firearm is prohibited by Federal
law.
j.
Any higher education institution or elementary or secondary school
facility without the consent of the governing body of the higher education
institution or a school official or the district school board. Possession
of a firearm in a vehicle on the premises of any higher education
institution or elementary or secondary school facility shall not be
a violation so long as the firearm is not removed from the vehicle
or brandished while the vehicle is on the premises.
k.
Any portion of a building used as a child care facility without the
consent of the manager. Nothing in this Subdivision shall prevent
the operator of a child care facility in a family home from owning
or possessing a firearm or a driver's license or non-driver's license
containing a concealed carry endorsement.
l.
Any gated area of an amusement park. Possession of a firearm in a
vehicle on the premises of the amusement park shall not be a violation
so long as the firearm is not removed from the vehicle or brandished
while the vehicle is on the premises.
m.
Any church or other place of religious worship without the consent
of the minister or person or persons representing the religious organization
that exercises control over the place of religious worship. Possession
of a firearm in a vehicle on the premises shall not be a violation
so long as the firearm is not removed from the vehicle or brandished
while the vehicle is on the premises.
n.
Any private property whose owner has posted the premises as being
off-limits to concealed firearms by means of one (1) or more signs
displayed in a conspicuous place of a minimum size of eleven (11)
inches by fourteen (14) inches with the writing thereon in letters
of not less than one (1) inch. The owner, business or commercial lessee,
manager of a private business enterprise or any other organization,
entity or person may prohibit persons holding a concealed carry endorsement
from carrying concealed firearms on the premises and may prohibit
employees, not authorized by the employer, holding a concealed carry
endorsement from carrying concealed firearms on the property of the
employer. If the building or the premises are open to the public,
the employer of the business enterprise shall post signs on or about
the premises if carrying a concealed firearm is prohibited. Possession
of a firearm in a vehicle on the premises shall not be a violation
so long as the firearm is not removed from the vehicle or brandished
while the vehicle is on the premises. An employer may prohibit employees
or other persons holding a concealed carry endorsement from carrying
a concealed firearm in vehicles owned by the employer.
o.
Any hospital accessible by the public. Possession of a firearm in
a vehicle on the premises of a hospital shall not be a violation so
long as the firearm is not removed from the vehicle or brandished
while the vehicle is on the premises.
2.
Any other provisions of this Article to the contrary notwithstanding,
any person violating any of the provisions of this Section shall be
punished as follows:
[Ord. No. 2016-1809 § 1, 12-20-2016[9]]
a.
Carrying of a concealed firearm in a location specified in Subdivisions 1 to 17 of Subsection (A) of this Section by any individual who holds a Missouri lifetime or extended concealed carry permit shall not be a criminal act but may subject the person to denial to the premises or removal from the premises. If such person refuses to leave the premises and a Peace Officer is summoned, such person may be issued a citation for an amount not to exceed one hundred dollars ($100.00) for the first offense. If a second citation for a similar violation occurs within a six-month period, such person shall be fined an amount not to exceed two hundred dollars ($200.00). If a third citation for a similar violation is issued within one (1) year of the first citation, such person shall be fined an amount not to exceed five hundred dollars ($500.00) and shall have his or her Missouri lifetime or extended concealed carry permit revoked, and such person shall not be eligible for a Missouri lifetime or extended concealed carry permit or a concealed carry permit issued under Sections 571.101 to 571.121, RSMo., for a period of three (3) years. Upon conviction of charges arising from a citation issued under this Subsection, the court shall notify the sheriff of the county which issued the Missouri lifetime or extended concealed carry permit. The sheriff shall suspend or revoke the Missouri lifetime or extended concealed carry permit.
[9]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
D.
Carrying Concealed Firearms Prohibited — Penalty For Violation.
1.
It shall be a violation of this Section, punishable as hereinafter
provided, for any person issued a concealed carry endorsement pursuant
to this Section not to carry the concealed carry endorsement at all
times the person is carrying a concealed firearm and not to display
the concealed carry endorsement upon the request of any Peace Officer.
2.
Failure to comply with this Subsection shall not be a criminal offense
but the concealed carry endorsement holder may be issued a citation
for an amount not to exceed thirty-five dollars ($35.00).
[Ord. No. 2004-1385 §§3
— 4, 4-20-2004]
A.
It
shall be unlawful for a person to knowingly possess, manufacture,
transport, repair or sell:
1.
An explosive weapon;
2.
An explosive, incendiary or poison substance or material with the
purpose to possess, manufacture or sell an explosive weapon;
3.
A machine gun;
4.
A gas gun;
5.
A short-barreled rifle or shotgun;
6.
A firearm silencer;
7.
A switchblade knife;
8.
A bullet or projectile which explodes or detonates upon impact because
of an independent explosive charge after having been shot from a firearm;
or
9.
Knuckles.
B.
A person
does not violate this Section if his conduct:
1.
Was incident to the performance of official duty by the Armed Forces,
National Guard, a governmental law enforcement agency or a penal institution;
or
2.
Was incident to engaging in a lawful commercial or business transaction
with an organization enumerated in Subparagraph (1) of this Subsection;
or
3.
Was incident to using an explosive weapon in a manner reasonably
related to a lawful industrial or commercial enterprise; or
4.
Was incident to displaying the weapon in a public museum or exhibition;
or
5.
Was incident to dealing with the weapon solely as a curio, ornament or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance; but if the weapon is a type described in Subparagraphs (1), (4) or (6) of Subsection (A) of this Section, it must be in such a non-functioning condition that it cannot readily be made operable. No short-barreled rifle, short-barreled shotgun or machine gun may be possessed, manufactured, transported, repaired or sold as a curio, ornament or keepsake, unless such person is an importer, manufacturer, dealer or collector licensed by the Secretary of the Treasury pursuant to the Gun Control Act of 1968, U.S.C. Title 18, or unless such firearm is an "antique firearm" as defined in Subsection (A) of Section 220.240 or unless such firearm has been designated a "collector's item" by the Secretary of the Treasury pursuant to the U.S.C. Title 26, Section 5845(a).
C.
It
shall also be unlawful for a person to transfer a weapon if he/she:
1.
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
Officers or member of the Armed Forces or National Guard while performing
his/her official duty; or
2.
Recklessly, as defined in Section 562.016, RSMo., sells, leases,
loans, gives away or delivers a firearm or ammunition for a firearm
to a person who is intoxicated.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
A person commits the offense of defacing a firearm if he/she
knowingly defaces any firearm.
[1]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
A.
AMMUNITION
LICENSED DEALER
MATERIALLY FALSE INFORMATION
PRIVATE SELLER
As used in this Section, the following terms shall mean:
Any cartridge, shell, or projectile designed for use in a
firearm.
A person who is licensed under 18 U.S.C. Section 923 to engage
in the business of dealing in firearms.
Any information that portrays an illegal transaction as legal
or a legal transaction as illegal.
A person who sells or offers for sale any firearm, as defined
in Section 571.010, RSMo., or ammunition.
B.
A person commits the offense of fraudulent purchase of a firearm
if such person:
1.
Knowingly solicits, persuades, encourages or entices a licensed
dealer or private seller of firearms or ammunition to transfer a firearm
or ammunition under circumstances which the person knows would violate
the laws of this State or the United States; or
2.
Provides to a licensed dealer or private seller of firearms
or ammunition what the person knows to be materially false information
with intent to deceive the dealer or seller about the legality of
a transfer of a firearm or ammunition; or
3.
Willfully procures another to violate the provisions of Subdivisions
(1) or (2) of this Subsection.
C.
This Section shall not apply to criminal investigations conducted
by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives,
authorized agents of such investigations, or to a Peace Officer, as
defined in Section 542.261, RSMo., acting at the explicit direction
of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.
[1]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
A.
Because such conduct is dangerous to the inhabitants of the City
due to the population of the City, no person shall throw, release,
discharge or in any way propel any dangerous projectiles as defined
herein upon or at any property, at any person or group of persons
or at any type of animal(s).
B.
For the purpose of this Section, dangerous projectiles are identified,
but not limited to projectiles shot out of:
1.
Pellet rifles.
2.
BB guns.
3.
Slingshot or wrist rockets.
4.
Bow and arrows or crossbows.
5.
Blow guns.
6.
Any manufactured or homemade gas or vapor ignited gun (i.e.,
paint gun, tube gun, potato gun, foil gun, etc.) or other pneumatic
gun.
Provided, however, the foregoing provisions do not prohibit
the use of pneumatic guns at approved shooting ranges.
[1]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
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. 2016-1809 § 1, 12-20-2016[1]]
It shall be unlawful for any person who owns, maintains, leases
or is otherwise in possession or control of any real property to permit
or allow persons thereon to conduct themselves in a loud or unruly
manner so as to cause hurt, injury, annoyance, inconvenience or danger
to the public or any member thereof, and it shall be the duty of any
such person in possession or control to take such steps as are available
to disperse such loud or unruly persons.
[1]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
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 1991 §16-48]
Any person who shall own, manage or otherwise operate any business
establishment in the City shall be responsible for taking all reasonable
steps in prohibiting and preventing his/her patrons or other persons
on the premises from committing any unlawful acts therein. Failure
to do so shall constitute a misdemeanor.
[CC 1991 §16-51; Ord. No. 515 §I, 10-15-1974]
A.
Declaration. It is hereby declared that the protection and
preservation of the home is the keystone of democratic government;
that the public health and welfare and the good order of the community
require that members of the community enjoy in their homes and dwellings
a feeling of well-being, tranquility, and privacy, and when absent
from their homes and dwellings, carry with them the sense of security
inherent in the assurance that they may return to the enjoyment of
their homes and dwellings; that the practice of picketing before or
about residences and dwellings causes emotional disturbance and distress
to the occupants; obstructs and interferes with the free use of public
sidewalks and public ways of travel; that such practice has as its
object the harassing of such occupants; and without resort to such
practice full opportunity exists, and under the terms and provisions
of this Section will continue to exist for the exercise of freedom
of speech and other constitutional rights; and that the provisions
hereinafter enacted are necessary for the public interest to avoid
the detrimental results herein set forth.
B.
Unlawful. It shall be unlawful for an person to engage
in picketing before or about the residence or dwelling of any individual.
C.
Applicability. Nothing herein shall be deemed to prohibit:
[CC 1991 §16-53]
Any person who shall obstruct the entrance to any building by
sitting or standing in or about such entrance and there remain spending
his/her time, and refuse to move or vacate such place when requested
to do so by the owner or occupant of such building or by any Police
Officer of the City, shall be deemed guilty of an offense.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
A person commits the offense of obstructing government operations
if he or she purposely obstructs, impairs, hinders or perverts the
performance of a governmental function by the use or threat of violence,
force, or other physical interference or obstacle.
[1]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
A.
It shall be unlawful for any person to:
1.
Fail to comply with the lawful order or request of a Police
Officer in the discharge of the officer's official duties where such
failure interfered with, obstructed or hindered the officer in the
performance of such duties; or
2.
Fail to identify himself or herself by name upon request when
lawfully detained by a Police Officer; provided, however, that the
person may not be compelled to answer any other inquiry of the Police
Officer; or
3.
In any matter within the jurisdiction of any Law Enforcement
Officer of this City, knowingly: falsifies, conceals or covers up
by any trick, scheme or device, a material fact; makes any materially
false, fictitious or fraudulent statement or representation; or makes
or uses any false writing or document knowing the same to contain
any materially false, fictitious or fraudulent statement or entry.
[1]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
[CC 1991 §16-54; Ord. No. 904, 11-19-1991; Ord. No.
2002-1269 §1, 6-18-2002; Ord. No. 2014-1733 §1 8-19-2014]
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 Frontenac.
Decibels shown in a reading made on the dBA scale.
A unit for measuring the volume of a sound, equal to twenty
(20) times 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) micronewtons 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 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, creating 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 Subsection (B)(3) of this Section, above:
[Ord. No. 2022-1982, 6-29-2022]
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 apparently dangerously.
b.
The sounding of any horn or signaling device of any automobile,
motorcycle, bus or other vehicle is not prohibited inthe fol lowing
circumstances:
(1)
After or as brakes are being applied and deceleration
of the vehicle is intended;
(2)
Before passing another vehicle as a signal of intent
to so . . . . pass;
(3)
Where State Motor Vehicle Statutes require the
sounding of such horn or signal device; or
(4)
When otherwise necessary as a danger signal.
c.
Wherever 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 anima l or bird which,
by causing frequent or long-continued sounds, disturbs the comfort
and repose of any person in the vicinity. Frequent shall mean issuanc~
of such sound once in every five (5) minutes and longcontinued 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 lqaded in such a manner as to create loud or unnecessary
grating, grinding, rattling or other noise.
4.
Steam whistles.,The blowing of any steam w .histle attached
to any stationary boiler, except to give notice of the ti.me 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 effective.lY 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 ho.urs betweer 11:00 P.M. and
7:00 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 th.e vehicle for any purpose, except when a
specific permit has been issued by the City Administrator.
11.
Construction activity that creates noise that can be heard beyond
the property . line, including, but not limited to: (i) excavation,
demolition, alteration, repair, maintenance, including yard or landscape
maintenance, upon the exterior of any structure or on any lot or property,
and (ii) any similar interior ·activity, , except:
a.
Between the hours of 8:00 A.M. and 7:00 p.M. weekdays ( excluding
national holidays); or
b.
Between the hqurs of 9:00 A.M. and 5:00 P.M. on Saturdays (excluding
national holidays); or
c.
Construction activity performed only by an owner or occupant
of residential property on Sundays or national holidays between the
.hours of 9:00 A.M. and 5:00 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 .
e.
Construction activity shall be allowed to begin one hour earlier
than otherwise permitted on any day for which the St. Louis County
Department of Public Health issues a Public Health . Advisory for
extreme heat conditions . .
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:
[Ord. No. 2022-1982, 6-29-2022]
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)
residence 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.
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 Frontenac in making sound-level measurements
for sounds emanating from public or private property other than streets
but any complaint attendant thereto must be made in writing on forms
provided by the City for that purpose and must be signed by a Frontenac
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 Frontenac 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.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
A person commits the offense of drunkenness or drinking in a
prohibited place if he or she enters any schoolhouse, government building
or church house in which there is an assemblage of people, met for
a lawful purpose, in an intoxicated and disorderly condition, and
disrupts such assembly.
[1]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
