State Law References
Abandonment of airtight or semi-airtight containers — RSMo.
577.100.
Abatement of nuisances — RSMo. 79.370 et seq.
Age of majority — RSMo. 431.055.
Attendance of witnesses — RSMo. 491.140 et seq.
Bells and whistles at crossings — RSMo. 389.990.
Child abuse — RSMo. 210.110 et seq.
Child protection and reformation — RSMo. Ch.
210.
Confiscation of firearms and ammunition — RSMo.
571.095.
Contributing to delinquency of child — RSMo.
211.421.
False impersonation, penalties — RSMo. 575.120.
False reports — RSMo. 575.080.
Fish and game — RSMo. Ch. 252.
Fraudulent use of credit device, penalties — RSMo.
570.130.
Harassment — RSMo. 565.090.
Littering — RSMo. 577.070.
Obedience to subpoena — RSMo. 545.340.
Obstructing roads and ditches — RSMo. 229.150.
Offenses against the person — RSMo. Ch. 565.
Passing bad checks, penalties — RSMo. 570.120.
Peace disturbance — RSMo. 574.010 et seq.
Placing injurious substances on street — RSMo.
304.160.
Pornography and related offenses — RSMo. Ch.
573.
Possession of certain weapons — RSMo. 571.020.
Possession of concealable firearm — RSMo. 571.070.
Proceedings to preserve the peace — RSMo. Ch.
542.
Property damage — RSMo. 569.100 et seq.
Prostitution — RSMo. Ch. 567.
Rioting — RSMo. 574.050.
Sexual offenses — RSMo. Ch. 566.
Stealing and related offenses — RSMo. Ch. 570.
Subpoena, service, disobedience, Supreme Court Rule 25.20.
Tampering — RSMo. 569.080 et seq.
Trespass, penalties — RSMo. 569.140, 569.150.
Unlawful assembly, penalty — RSMo. 574.040.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
A person commits the offense of assault if:
(1)
The person attempts to cause or recklessly causes physical injury,
physical pain or illness to another person; or
(2)
With criminal negligence the person causes physical injury to another
person by means of a firearm; or
(3)
The person purposefully places another person in apprehension of
immediate physical injury; or
(4)
The person recklessly engages in conduct that creates a substantial
risk of death or serious physical injury to another person; or
(5)
The person knowingly causes or attempts to cause physical contact
with a person with a disability, which a reasonable person, who does
not have a disability, would consider offensive or provocative; or
(6)
The person knowingly causes physical contact with another person
knowing the other person will regard the contact as offensive or provocative.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
A person commits the offense of domestic assault if the act involves
a domestic victim, as the term "domestic victim" is defined under
Section 565.002, RSMo., and:
(1)
The person attempts to cause or recklessly causes physical injury,
physical pain, or illness to such domestic victim;
(2)
With criminal negligence the person causes physical injury to such
domestic victim by means of a deadly weapon or dangerous instrument;
(3)
The person purposely places such domestic victim in apprehension
of immediate physical injury by any means;
(4)
The person recklessly engages in conduct which creates a substantial
risk of death or serious physical injury to such domestic victim;
(5)
The person knowingly causes physical contact with such domestic victim
knowing he or she will regard the contact as offensive; or
(6)
The person knowingly attempts to cause or causes the isolation of
such domestic victim by unreasonably and substantially restricting
or limiting his or her access to other persons, telecommunications
devices or transportation for the purpose of isolation.
[Ord. No. 4744, § 1 (Exh.
A), 4-25-2017]
(a)
A person commits the offense of unlawful use of weapons if he or
she knowingly:
(1)
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 § 16-4 of this Code; or
(2)
Sets a spring gun; or
(3)
Discharges or shoots a firearm 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
(4)
Exhibits, in the presence of one or more persons, any weapon readily
capable of lethal use in an angry or threatening manner; or
(5)
Has a firearm or projectile weapon readily capable of lethal use
on his or her person, while he or she is intoxicated, and handles
or otherwise uses such firearm or projectile weapon in either a negligent
or unlawful manner or discharges such firearm or projectile weapon
unless acting in self-defense; or
(6)
Discharges a firearm within 100 yards of any occupied schoolhouse,
courthouse, or church building; or
(7)
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
(8)
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 political subdivision thereof; or
(9)
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
(10)
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; or
(11)
Possesses a firearm while also knowingly in possession of a
controlled substance that is sufficient for a felony violation of
Section 579.015, RSMo; or
(12)
Openly carries a firearm or any other weapon readily capable
of lethal use within the City limits, provided that this subdivision
shall not apply to any person who has a valid concealed carry permit
issued pursuant to Sections 571.101, RSMo. or 571.205, RSMo., or a
valid permit to carry concealed firearms issued by another state or
political subdivision of another state, and this subdivision shall
not apply to state, county, and municipal peace officers.
[Added 9-24-2019 by Ord.
No. 4992]
(b)
Subsections (a)(1), (8) and (10) of this section shall not apply
to or affect any of the following:
(1)
All state, county and municipal peace officers who have completed
the training required by the police officer standards and training
commission pursuant to Sections 590.030 to 590.050 and who possess
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 on or off duty, and whether
such officers are within or outside their jurisdictions, or all qualified
retired peace officers, as defined in Subsection 12 of Section 571.030,
RSMo., and who carry the identification defined in Subsection 13 of
Section 571.030, RSMo., 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 or federal flight deck officer as defined
under the federal flight deck officer program, 49 U.S.C. § 44921,
regardless of whether such officers are on duty, or within the law
enforcement agency's jurisdiction;
(7)
Any state probation or parole officer, including supervisors and
members of the Board of Probation and Parole;
(8)
Any corporate security advisor meeting the definition and fulfilling
the requirements of the regulations established by the Department
of Public Safety under Section 590.750, RSMo.;
(9)
Any coroner, deputy coroner, medical examiner, or assistant medical
examiner;
(10)
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.;
(11)
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 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
(12)
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 permit, when such uses are reasonably associated
with or are necessary to the fulfillment of such person's official
duties.
(c)
Subsections (a)(1), (5), (8), and (10) of this section do not apply
when the actor is transporting such weapons in a nonfunctioning state
or in an unloaded state when ammunition is not readily accessible
or when such weapons are not readily accessible. Subsection (a)(1)
of this section does not apply to any person 19 years of age or older
or 18 years of age or older and a member of the United States Armed
Forces, or honorably discharged from the United States Armed Forces,
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. Subsection (a)(10) of this section
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.
(d)
Subsections (a)(1), (8), and (10) of this section shall not apply
to any person who has a valid concealed carry permit issued pursuant
to Sections 571.101, RSMo., 571.205, RSMo., or a valid permit to carry
concealed firearms issued by another state or political subdivision
of another state.
(e)
Subsections (a)(3), (4), (5), (6), (7), (8), (9), and (10) of this
section shall not apply to persons who are engaged in a lawful act
of defense pursuant to Section 563.031, RSMo.
(f)
Notwithstanding any provision of this section to the contrary, the
state shall not prohibit any state employee from having a firearm
in the employee's vehicle on the state's property provided that the
vehicle is locked and the firearm is not visible. This subsection
shall only apply to the state as an employer when the state employee's
vehicle is on property owned or leased by the state and the state
employee is conducting activities within the scope of his or her employment.
For the purposes of this subsection, "state employee" means an employee
of the executive, legislative, or judicial branch of the Government
of the State of Missouri.
(g)
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.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
No person who has been issued a concealed carry permit under Sections
571.101, RSMo. or 571.205, RSMo., or who has been issued a valid permit
or endorsement to carry concealed firearms issued by another state
or political subdivision of another state, shall, by authority of
that endorsement or permit, be allowed to carry a firearm, whether
carried openly or concealed, into:
[Amended 9-24-2019 by Ord. No. 4992]
(1)
Any police station or substation in the City of Crestwood without
the consent of the Chief of Police of the City. Possession of a firearm
in a vehicle on the premises of any police station or substation shall
not be a criminal offense so long as the firearm is not removed from
the vehicle or brandished while the vehicle is on the premises;
(2)
Within 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 criminal offense so long as the firearm is not removed from
the vehicle or brandished while the vehicle is on the premises;
(3)
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 criminal offense so long as the firearm is
not removed from the vehicle or brandished while the vehicle is on
the premises;
(4)
Any meeting of the Crestwood Board of Aldermen, except that nothing
in this subsection shall preclude a member of the body holding a valid
concealed carry permit from carrying a concealed firearm at a meeting
of the body which he or she is a member. Possession of a firearm in
a vehicle on the premises shall not be a criminal offense so long
as the firearm is not removed from the vehicle or brandished while
the vehicle is on the premises;
(5)
Any building owned, leased or controlled by the City of Crestwood which is clearly identified by signs posted at the entrance to the building or at the restricted area to indicate that carrying a concealed weapon in the building or in a restricted area is prohibited. However, firing ranges, any building used for public housing by private persons, and any private dwellings owned, leased or controlled by the City are exempted from this restriction unless carrying of a firearm is otherwise prohibited by federal law. All persons violating this subsection shall be denied entrance to the building, ordered to leave the building, and if any person refuses to leave the premises, such person shall be deemed to be trespassing upon City property and shall be subject to the penalties prescribed under § 16-28 of the Crestwood Code of Ordinances in addition to being issued a citation for violation of this section as provided for herein. If such persons are employees of the City, they may also be subjected to disciplinary measures;
(6)
Any establishment licensed to dispense intoxicating liquor 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
subsection shall not apply to the licensee of said establishment.
The provisions of this subsection shall not apply to any bona fide
restaurant open to the general public having dining facilities for
not less than 50 persons and that receives at least 51% of its gross
annual income from the dining facilities by the sale of food. This
subsection does not prohibit the possession of a firearm in a vehicle
on the premises of the establishment and shall not be a criminal offense
so long as the firearm is not removed from the vehicle or brandished
while the vehicle is on the premises. Nothing in this subsection authorizes
any individual who has been issued a concealed carry endorsement to
possess any firearm while intoxicated;
(7)
Any place where the carrying of a firearm is prohibited by federal
law;
(8)
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 criminal offense so long as the firearm is not removed from the
vehicle or brandished while the vehicle is on the premises;
(9)
Any portion of a building used as a childcare facility without the
consent of the manager. Nothing in this subsection shall prevent the
operator of a childcare facility in a family home from owning or possessing
a firearm or a concealed carry permit;
(10)
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
criminal offense so long as the firearm is not removed from the vehicle
or brandished while the vehicle is on the premises;
(11)
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 criminal
offense so long as the firearm is not removed from the vehicle or
brandished while the vehicle is on the premises;
(12)
Any private property whose owner has posted the premises as
being off-limits to concealed firearms by means of one or more signs
displayed in a conspicuous place of a minimum size of 11 inches by
14 inches with the writing thereon in letters of not less than one
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 criminal offense so long
as the firearm is not removed from the vehicle or brandished while
the vehicle is on the premises;
(13)
Any sports arena or stadium with a seating capacity of 5,000
or more. Possession of a firearm in a vehicle on the premises shall
not be a criminal offense so long as the firearm is not removed from
the vehicle or brandished while the vehicle is on the premises;
(14)
Any hospital or medical care facility accessible by the public.
Possession of a firearm in a vehicle on the premises of a hospital
shall not be a criminal offense so long as the firearm is not removed
from the vehicle or brandished while the vehicle is on the premises.
(b)
Carrying of a concealed firearm in a location prohibited by Subsections (a)(1) — (14) of this section by any individual who holds a concealed carry endorsement issued pursuant to Sections 571.101 or 571.205, RSMo., 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 a violation of subsection (a) of this section in an amount not to exceed $100 for the first offense in addition to citation(s) for violation(s) of other provisions of the Crestwood Code of Ordinances. If a second citation for a similar violation of subsection (a) of this section occurs within a six-month period, such person shall be fined an amount not to exceed $200 and his or her endorsement to carry concealed firearms shall be suspended for a period of one year. If a third citation for a similar violation of subsection (a) of this section is issued within one year of the first citation such person shall be fined an amount not to exceed $500 and shall have his or her concealed carry endorsement revoked and such person shall not be eligible for a concealed carry endorsement for a period of three years. Upon conviction of charges arising from a citation issued pursuant to this section, the court shall notify the sheriff of the county which issued the concealed carry permit. Nothing contained herein shall prohibit the issuance of citations for violations of any other provisions of the Crestwood Code of Ordinances.
(c)
Any person openly carrying a firearm within the City limits shall
display his or her concealed carry permit upon demand of a law enforcement
officer. Any person openly carrying a firearm who fails to display
his or her concealed carry permit upon demand of a law enforcement
officer may be issued a citation for an amount not to exceed $35.
[Added 9-24-2019 by Ord.
No. 4992]
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
It shall be unlawful to discharge any missile or projectile in the
City from any air rifle, pellet rifle, bow, cross-bow, blow gun, paintball
gun, slingshot or other contrivance or apparatus capable of discharging
any missile or projectile which might or could cause injury to person
or property, or to threaten to injure any person or property with
any such contrivance or apparatus or any missile, projectile, weapon,
club or other thing that might or could cause injury to person or
property.
(b)
The Board of Aldermen may, by special permit, authorize any responsible
person, group, or association, to conduct shooting matches, contests
or exhibitions with weapons or other missile discharging instrumentalities
in the City when satisfied that the safety and peace of the citizens
of the City will not be disturbed.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
No person shall hunt any wild game, birds or animals with firearms,
air guns, air rifles or bows and arrows within the City.
(b)
It shall be prima facie evidence and proof of the violation of this
section if it is established that any person carrying firearms or
air guns or air rifles and cartridges, bullets or missiles adapted
thereto, whether such person is accompanied by hunting dogs or not,
is found in any open fields, woods, lots or other places where wild
game, birds or animals may reasonably be expected to be found.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
No person, not a member of the police force, or on duty in a
military corps acting under orders from the commander thereof, shall
discharge any firearm in the City.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
A person commits the offense of unlawful transfer of weapons if he:
(1)
Knowingly sells, leases, loans, gives away or delivers a firearm
or ammunition for a firearm to any person who, under the provisions
of Section 571.070, RSMo., is not lawfully entitled to possess such;
(2)
Knowingly sells, leases, loans, gives away or delivers a blackjack
to a person less than 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 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 official duty;
or
(3)
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. 4744, § 1(Exh.
A), 4-25-2017]
(a)
The Chief of Police and police officers shall impound any firearm
illegally discharged in the City and hold it subject to such orders
as the municipal court may make with reference thereto.
(b)
In lieu of any other penalty, the judge may order the firearm in
question confiscated, in which event the Chief of Police shall sell
the firearm so confiscated for the best price reasonably available
and turn the proceeds of such sale into the City treasury, as in the
case of other fines.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
Any person owning, maintaining or discarding any icebox, refrigerator,
trunk or other receptacle, with a capacity in excess of one cubic
foot, having doors or drawers with automatic locks or locking latches,
shall remove the doors or drawers or locks or latches unless such
icebox, refrigerator, trunk or other receptacle is maintained or used
in the actual living quarters of a private residence, or within the
enclosed portion of commercial or industrial establishments. This
section shall apply to all such iceboxes, refrigerators, trunks and
other receptacles on or in yards, enclosures, porches, sidewalks,
areaways, attics, cellars, basements, garages, sheds, barns, stables,
warehouses or other places accessible to children not under the supervision
of adults.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(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 is on private property and
threatens to commit an offense against any person and unreasonably
and purposely causes alarm to another person or persons on the same
premises thereby; or
d.
Fighting; or
e.
Creating a noxious or offensive odor.
[1]
Editor's Note: Former § 16-12, Disorderly conduct; begging,
which derived from Ord. No. 4744, § 1(Exh.
A), 4-25-2017, was repealed 11-9-2021 by Ord. No. 5197.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
A person commits the offense of unlawful assembly if he or she knowingly
assembles with six 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.
(b)
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
or 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.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
A person commits the offense of rioting if he/she knowingly
assembles with six 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]
Editor's Note: Former § 16-15, Loitering, which derived
from Ord. No. 4744, § 1 (Exh. A), 4-25-2017, was repealed 11-9-2021 by Ord. No. 5197.
[Ord. No. 4744, § 1 (Exh.
A), 4-25-2017]
(a)
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.
[Ord. No. 4744, § 1 (Exh.
A), 4-25-2017]
No person shall disturb any lawful assembly of people by rude
and indecent behavior, or be found loitering at the corners of the
streets, or in the vicinity of any place of amusement, restaurant
or hotel, or thoroughfare, and refuse to disperse or vacate such place
when requested to do so by a police officer.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
Prohibited. Subject to the provisions of this section, the creation,
or permission upon premises owned or occupied by any person, of any
unreasonably loud, unusual, disturbing or unnecessary noise in the
City is hereby prohibited. In addition to the owners or occupiers
of said premises, the manager and/or persons in charge of said premises
shall be guilty of violation of this section if any noise prohibited
herein is permitted.
(b)
Noises enumerated. The following acts, among others, are declared
to be loud, unusual, disturbing and unnecessary noises in violation
of this chapter, but said enumeration shall not be deemed to be exclusive,
namely:
(1)
The crying or hawking of newspapers or goods, wares and merchandise
between the hours of 9:00 p.m. and 8:00 a.m.;
(2)
The playing of any orchestra, radio, phonograph, amplifiers
or musical instrument or instruments, or singing upon any premises
while used for a commercial open air garden, outdoor restaurant, PD-R
District or other business conducted in the open air where the boundaries
of such premises are located within 500 feet of any residence or building
used or occupied for private family residential purposes between the
hours of 10:00 p.m. and 8:00 a.m.;
(3)
The erection, excavation, demolition, alteration, or repair
of any building or structure other than between the hours of 7:00
a.m. and 7:00 p.m. Monday through Saturday, unless extended hours
are granted by the Director of Public Services;
[Amended 8-23-2022 by Ord. No. 5288]
(4)
The use of sound trucks, calliopes, mechanical loud speakers
or amplifiers on any vehicle used for advertising or other purposes
except when a permit for such use over a specified route is issued
by the Mayor, and except within the time and subject to the regulations
specified in said permit;
(5)
The playing in the open air of tennis, badminton, horseshoes,
baseball or other outdoor game within 100 feet of any residence or
building used or occupied for private family residential purposes
between the hours of 12:00 midnight and 8:00 a.m.;
(6)
The sounding of any horn or other signal device on any street
by a motor bus, motorcycle, truck, automobile or other vehicle for
an unnecessary or unreasonable period of time;
(7)
The use of any loud speaker, drum or other device or instrument
for the purpose of attracting attention to a place of business or
other premises or to advertise any business;
(8)
The playing of any radio, phonograph, amplifiers or musical
instruments in such manner or with such volume, particularly between
the hours of 10:00 p.m. and 8:00 a.m., as to tend to annoy or disturb
the quiet or repose of persons in any dwelling, hotel, motel or other
type of residence, provided that such noise can be distinctly heard
at a distance of more than 50 feet from its source shall be deemed
excessive. Except organized groups may obtain a permit from the City
Administrator to extend said time between 10:00 p.m. and 8:00 a.m.
to 12:00 midnight and 8:00 a.m.;
(9)
The creation of any excessive or unnecessary noise within 150
feet of any portion of grounds and premises on which is located a
hospital or other institution reserved for the sick, or any church
or school or other institution of learning or court or other public
buildings, library and the like, while the same are open or in session
which unreasonably interferes with the proper functioning of any such
place above-mentioned; provided conspicuous signs are placed in the
public highways indicating quiet zones within which such noises are
prohibited. In case of emergency or urgent necessity, a permit may
be issued by the Mayor for such noises within such zones for limited
periods during the existence of such emergency.
(10)
The use of power tools or power equipment for lawn, tree, or vegetation
care, maintenance, or installation, other than between the hours of
7:00 a.m. and thirty (30) minutes after sunset.
[Added 8-23-2022 by Ord. No. 5288]
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
No person operating a railroad engine shall sound the engine
whistle or horn in approaching or crossing a public street or highway,
public alley or public sidewalk within the City, except in an emergency,
when the operator of the engine deems it necessary to sound such whistle
or horn to prevent an accident at such crossing.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017; Ord. No. 5353, 3-28-2023]
It shall not be lawful for any military company or any procession, or any body of persons accompanied by martial music to march or pass through, or for any person to play on any musical instrument in any of the streets of the City within one block of any house of worship on Sunday during the hours of worship. Nor shall it be lawful for any band of music to play in the streets for any procession with advertising devices or to move on the streets without a permit from the Chief of Police as provided under Section 14-17 of this Code. A military company, organized under the laws of the state, may parade with a band of music on any day except Sunday without a permit.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017; Ord. No. 5353, 3-28-2023]
(a)
If any business or commercial establishment, or group of businesses
or merchants, or their agents or persons acting for them, propose
to conduct any display, show, contest, exhibition, or other activity
or event calculated to produce any unusual congestion of traffic or
gathering of persons or both, such person or persons shall give notice
thereof to the Chief of Police at least five (5) days before such
event and apply for a permit to hold or conduct the same. An application
for a special activity permit under this Section shall be made on
forms prescribed by the City Clerk and shall be available at City
Hall. The application for permit shall explain the nature of the affair
in writing, giving particulars as to location and time. The City Clerk
shall establish a fee payable by applicants for reviewing and processing
permits under this section.
(b)
The Chief of Police is hereby authorized to make such reasonable
requirements in connection with the holding or conducting of such
affairs, with respect to the entrance and exit of vehicles and pedestrians,
the parking of cars, the maintenance of open traffic lanes and gathering
of crowds as may be necessary to prevent undue traffic congestion,
protect persons and property from injury or damage and maintain passageway
for police and fire and other emergency vehicles.
(c)
The Chief of Police may, if he deems it necessary, in writing state the terms and conditions upon which the permit is issued, and if necessary for the protection of the public may, as a condition for such permit, require the applicant to provide personnel who shall act under the direction of the police to direct traffic and control the assemblage of persons. If the activity involves the use of fireworks, a permit shall be obtained from the Crestwood Fire Marshal in accordance with Section 9-39 of this Code. If the activity involves the use of aircraft, fireworks, missiles, racing of motor vehicles or other dangerous instrumentalities or animals, applicant shall provide as a condition for such permit, evidence of the existence of public liability insurance with limits not less than $100,000/$300,000.
(d)
The Chief of Police may waive requirement for a written application
for a permit and, if he deems it unnecessary, he may in his discretion
establish such special reasonable rules for the handling of traffic
and assemblages of persons as may be best calculated to protect the
public.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
A person commits the offense of harassment if he or she, without
good cause, engages in any act with the purpose to cause emotional
distress to another person.
[1]
Editor's Note: Former § 16-23, Vagrancy, which derived
from Ord. No. 4744, § 1(Exh. A), 4-25-2017, was repealed 11-9-2021 by Ord. No. 5197.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
Every person who shall have been personally served with a subpoena
issued by any board or officer of the City having the power and authority
to issue such subpoena, commanding the attendance of such person or
the production of any books, papers or documents, shall, unless he
has reasonable and legal excuse, produce the books, papers and documents
therein specified and testify fully as to his knowledge concerning
the matters and things then being lawfully investigated by such board
or officer.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
A person commits the offense of resisting or interfering with arrest,
detention, or stop if he or she knows or reasonably should know that
a law enforcement officer is making an arrest or attempting to lawfully
detain or stop an individual or vehicle, and for the purpose of preventing
the officer from effecting the arrest, stop or detention, he or she:
(1)
Resists the arrest, stop or detention of such person by using
or threatening the use of violence or physical force or by fleeing
from such officer; or
(2)
Interferes with the arrest, stop or detention of another person
by using or threatening the use of violence, physical force or physical
interference.
(c)
A person is presumed to be fleeing a vehicle stop if he or she continues
to operate a motor vehicle after he or she has seen or should have
seen clearly visible emergency lights or has heard or should have
heard an audible signal emanating from the law enforcement vehicle
pursuing him or her. It is no defense to a prosecution pursuant to
this section that the law enforcement officer was acting unlawfully
in making the arrest. However, nothing in this section shall be construed
to bar civil suits for unlawful arrest.
(d)
A person commits the offense of false impersonation if such person:
(1)
Falsely represents himself or herself to be a public servant
with the purpose to induce another to submit to his or her pretended
official authority or to rely upon his or her pretended official acts,
and:
(2)
Falsely represents himself or herself to be a person licensed
to practice or engage in any profession for which a license is required
by the laws of this state with purpose to induce another to rely upon
such representation, and:
(3)
Upon being arrested, falsely represents himself or herself,
to a law enforcement officer, with the first and last name, date of
birth, or Social Security number, or a substantial number of identifying
factors or characteristics as that of another person that results
in the filing of a report or record of arrest or conviction for an
infraction or offense that contains the first and last name, date
of birth, and Social Security number, or a substantial number of identifying
factors or characteristics to that of such other person as to cause
such other person to be identified as the actual person arrested or
convicted.
(e)
A person
commits the offense of interfering with the duties of an officer if
such person interferes with or obstructs any law enforcement officer
within the City in the performance of such officer's duties.
[Added 11-9-2021 by Ord. No. 5197]
(f)
A person
commits the offense of failure to comply if such person knowingly
fails or refuses to comply with any reasonable signal or direction
of a law enforcement officer given in directing the movement of vehicular
traffic, or enforcing against any offense or infraction, or otherwise
properly discharging his/her duties.
[Added 6-28-2022 by Ord. No. 5273]
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
No person shall drive a motor vehicle over the lawn of any property
holder in the City without the property holder's consent. Whenever
the identity of the operator of a motor vehicle which has violated
this section cannot be determined, the owner, or person in whose name
such vehicle is registered, shall be held prima facie responsible
for such violation.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
A person commits the offense of making a false report if he or she
knowingly:
(1)
Gives false information to any person for the purpose of implicating
another person in an offense; or
(2)
Makes a false report to a law enforcement officer that an offense
has occurred or is about to occur; or
(3)
Makes a false report or causes a false report to be made to
a law enforcement officer, security officer, Fire Department or other
organization, official or volunteer, which deals with emergencies
involving danger to life or property that a fire or other incident
calling for an emergency response has occurred or is about to occur.
(b)
It is a defense to a prosecution under subsection (a)(1) of this
section that the person retracted the false statement or report before
the law enforcement officer or any other person took substantial action
in reliance thereon. The defendant shall have the burden of injecting
the issue of retraction.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
A person commits the offense of trespass in the first degree if he
or she knowingly enters unlawfully or knowingly remains unlawfully
in a building or inhabitable structure or upon real property. A person
does not commit the offense of trespass in the first degree by entering
or remaining upon real property unless the real property is fenced
or otherwise enclosed in a manner designed to exclude intruders or
as to which notice against trespass is given by: (1) actual communication
to the actor; or (2) posting in a manner reasonably likely to come
to the attention of intruders.
(b)
A person commits trespass in the second degree if he or she enters
unlawfully upon real property of another. This is an offense of absolute
liability.
(c)
Public property. It shall be unlawful for any person to intentionally
or willfully damage any property belonging to the City or, without
permission, enter upon any public park or building belonging to the
City or remain upon the premises, park land or building of this City
after being requested to leave by a person with authority over such
place.
(e)
Reward; reporting damaged public property. A standing reward of $50
is hereby offered to all members of the public, except officials and
police officers of the City, for information leading to the arrest
and conviction of any person destroying or defacing City property.
If two or more persons furnish information pertaining to the same
offense, or series of offenses, the Board of Aldermen shall determine
which is entitled to the reward, or may order the reward divided among
two or more such persons, as in the judgment of the Board appears
proper, and the decision of the Board in any event shall be final.
Payment of rewards under this section shall be by order of the Board
of Aldermen.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
PROPERTY
STREET or HIGHWAY
VEHICLE
Definitions. The following definitions shall apply in the interpretation
and enforcement of this section:
Any real property within the City which is not a street or
highway.
The entire width between the boundary lines of every way
publicly maintained where any part thereof is open to the use of the
public for the purposes of vehicular traffic, and shall include for
the purpose of this section public walkways and sidewalks.
A machine propelled by power, other than human power, designed
to travel along the ground by use of wheels, treads, runners or slides,
and transport persons or property or pull machinery and shall include,
without limitation, automobile, truck, trailer, motorcycle, tractor,
buggy and wagon.
(b)
Abandonment of vehicles. No person shall abandon any vehicle within
the City, and no person shall leave any vehicle at any place within
the City for such time, and under such circumstances, as to cause
such vehicle to appear abandoned. A failure to have any vehicle properly
licensed by the state, with the license properly displayed, shall
be conclusive evidence of abandonment.
The parking of any vehicle on any City street continuously for a period of seven days or more shall be prima facie evidence of abandonment. The Police Department shall give notice to the owner of any such abandoned vehicle, by placing said notice on the vehicle, that the vehicle must be moved within 24 hours. If after the expiration of said 24 hours the vehicle has not been moved, the owner shall be deemed guilty of an offense and upon conviction shall be punished as provided for in § 1-6 of this Code.
(c)
Leaving wrecked or nonoperating vehicle in street. No person shall
leave any partially dismantled, nonoperating, wrecked, inoperable
or junked vehicle on any street or highway within the City.
(d)
Disposition of wrecked or discarded vehicles. No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, nonoperating, wrecked, junked, inoperable or discarded vehicle to remain on such property. Such vehicles may be removed or towed in the manner provided by Section 7-38 of this Code. This section shall not apply with regard to a vehicle in an enclosed building, a vehicle on the premises of a business enterprise operated in a lawful manner when necessary to the operation of such business enterprise or a vehicle when in an appropriate storage place or depository maintained in a lawful place and manner by the City.
(e)
Impounding vehicles. The Chief of Police, or any member of his department
designated by him, is hereby authorized to remove or have removed
any vehicle left at any street or public place within the City in
violation of this Section, in the manner provided by Sections 304.155
through 304.159, RSMo.
(f)
Violations. Any person violating any of the provisions of this section,
not withstanding any other remedy for such violation herein provided,
such as the impounding of vehicles or any other remedies, shall be
deemed guilty of an offense.
(g)
Conflict resolved. Nothing in this section shall be construed to
conflict with or repeal any provisions of any applicable Zoning Ordinance
or other code or regulation of the City prohibiting the abandonment
of vehicles or the storage or maintenance of partially dismantled,
nonoperating, wrecked, inoperable or junked vehicles on any property
within the City.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
A person commits the offense of tampering if he or she:
[Ord. No. 5227, 1-11-2022]
(1)
Tampers with property of another for the purpose of causing
substantial inconvenience to that person or to another; or
(2)
Unlawfully rides in or upon another's automobile, airplane,
motorcycle, motorboat or other motor-propelled vehicle; or
(3)
Tampers or makes connection with property of a utility; or
(4)
Tampers with, or causes to be tampered with, any meter or other
property of an electric, gas, steam or water utility, the effect of
which tampering is either:
(5)
Enters
a motor vehicle that he or she does not own or lease, without the
owner's or lessee's permission for any illegitimate or unlawful purpose.
For purposes of this Section "enter" shall mean being physically present
in or accessing a vehicle in a way that would lead a reasonable person
to believe said conduct was in furtherance of a crime; or
(6)
Tampers
with the motor vehicle of another, with knowledge that he or she does
not own such vehicle or have permission to enter such vehicle, for
the purpose of attempting to steal the motor vehicle or its contents,
the effect of which tampering includes:
(b)
In any prosecution under subsection (a)(4) of this section, proof
that a meter or any other property of a utility has been tampered
with, and the person or persons accused received the use or direct
benefit of the electric, gas, steam or water service, with one or
more of the effects described in subsection (a)(4) of this section,
shall be sufficient to support an inference which the trial court
may submit to the trier of fact, from which the trier of fact may
conclude that there has been a violation of such subsection by the
person or persons who use or receive the direct benefit of the electric,
gas, steam or water service.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
A person commits the offense of stealing if he or she:
(1)
Appropriates property or services of another with the purpose
to deprive him or her thereof, either without his or her consent or
by means of deceit or coercion;
(2)
Attempts to appropriate anhydrous ammonia or liquid nitrogen
of another with the purpose to deprive him or her thereof, either
without his or her consent or by means of deceit or coercion; or
(3)
For the purpose of depriving the owner of a lawful interest
therein, receives, retains or disposes of property of another knowing
that it has been stolen, or believing that it has been stolen.
[Added 11-9-2021 by Ord. No. 5197]
(a)
It shall
be unlawful to sleep on any street, sidewalk, recreational trail,
or other public place within City limits.
(b)
No person
will be subject to any penalty, citation or arrest for violation of
this Section if there is no adequate shelter space available in St.
Louis County.
(c)
Law
enforcement officers shall, prior to issuing any citation or making
an arrest for violation of this Section, request a person sleeping
in a place prohibited by this Section to relocate or seek shelter.
Law enforcement officers may, upon request by such person, and depending
on the availability of resources at the time of contact, transport
such individual to a shelter, treatment center, or other appropriate
facility. Nothing in this Section shall be construed to limit the
ability of law enforcement officers to issue citations or make arrests
for violations of other Sections of this Chapter, to take custody
of an incapacitated or intoxicated person pursuant to Section 67.315,
RSMo., or to seek mental health treatment for an individual pursuant
to Section 632.300, RSMo., et seq.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
A person commits the offense of passing a bad check when he/she:
(1)
With the purpose to defraud, makes, issues or passes a check
or other similar sight order or any other form of presentment involving
the transmission of account information for the payment of money,
knowing that it will not be paid by the drawee, or that there is no
such drawee; or
(2)
Makes, issues, or passes a check or other similar sight order
or any other form of presentment involving the transmission of account
information for the payment of money, knowing that there are insufficient
funds in or on deposit with that account for the payment of such check,
sight order, or other form of presentment involving the transmission
of account information in full and all other checks, sight orders,
or other forms of presentment involving the transmission of account
information upon such funds then outstanding, or that there is no
such account or no drawee and fails to pay the check or sight order
or other form of presentment involving the transmission of account
information within 10 days after receiving actual notice in writing
that it has not been paid because of insufficient funds or credit
with the drawee or because there is no such drawee.
(3)
As used in subsection (b) of this section, "actual notice in
writing" means notice of the nonpayment which is actually received
by the defendant. Such notice may include the service of summons or
warrant upon the defendant for the initiation of the prosecution of
the check or checks which are the subject matter of the prosecution
if the summons or warrant contains information of the ten-day period
during which the instrument may be paid and that payment of the instrument
within such ten-day period will result in dismissal of the charges.
The requirement of notice shall also be satisfied for written communications
which are tendered to the defendant and which the defendant refuses
to accept.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
No dodgers or handbills shall be distributed in the City except
by exposing on counters or tables in stores or other business places
or unless delivered in hand to persons on private premises or securely
fixed at a doorway so as to avoid being blown about, if delivered
from door to door, and none shall be passed out to groups or passerby
on any street, sidewalk, alley or public place or in such proximity
thereto that they are discarded in numbers thereon, and none shall
be cast on lawns, yards, steps, driveways or walks on private property,
so that they may be blown about or create an unsightly appearance.
This shall not prohibit the distribution of sample ballots and campaign
literature at or near polling places during elections.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
It shall be unlawful for any person to deposit or cause to be deposited
any newspaper not subscribed for or requested, on any property within
the City; provided, that the owner or occupant of such property shall
have given written notice to the publisher or distributor of such
newspaper, of such owner's or occupant's refusal to permit delivery
of such newspaper.
(b)
Such notice shall be delivered to the publisher or distributor of
the newspaper at the address indicated in such newspaper by personal
delivery or by U.S. mail, postage prepaid. A copy of such notice shall
be delivered to the Chief of Police of the City.
(c)
Any person violating the provisions of this section shall, upon conviction
thereof, be subject to penalties provided for violation of City ordinances.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
No person shall make, mend, design or set up, or have in his
custody or concealed about his person, any tool, false key, lock pick,
bit, nippers, fuse, force screw, punch, drill, jimmy or any material,
implement, instrument or other mechanical device adapted, designed
or commonly used for breaking into any vault, safe, warehouse, motor
vehicle, store, shop, office, dwelling house or door, window or shutter
of any building.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
It shall be unlawful for the owner, manager or person in charge
of any public dance hall or pavilion, bowling alley or skating rink
to permit same to remain open after 1:00 a.m. on any night.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017; amended 11-9-2021 by Ord. No. 5197]
(a)
A person
commits the offense of sexual misconduct if such person:
(1)
Exposes
their genitals under circumstances in which they know that their conduct
is likely to cause affront or alarm;
(2)
Has
sexual contact in the presence of a third person or persons under
circumstances in which they know that such conduct is likely to cause
affront or alarm;
(3)
Has
sexual intercourse or deviate sexual intercourse in a public place
in the presence of a third person; or
(4)
Solicits
or requests another person to engage in sexual conduct under circumstances
in which he or she knows that such request or solicitation is likely
to cause affront or alarm.
(b)
No person shall engage in or commit any act of indecent exposure or conduct in any place open to public view. "Indecent exposure or conduct" shall include the exposure of the male or female genitals, pubic area, or the female breast with less than a fully opaque covering of any part of the areola and nipple, or the showing of the covered male genitals in a discernibly turgid state. "Indecent exposure or conduct" shall not include adult entertainment conducted in accordance with Article VI of Chapter 13 of this Code. This Section shall not regulate nudity when the conduct of being nude cannot constitutionally be prohibited by this Section because it is otherwise protected by the United States Constitution or Missouri Constitution. This Section shall not apply to any person under twelve (12) years of age.
(c)
Notwithstanding
any provision of law to the contrary, a mother does not violate this
Section if she is breast-feeding her child or expressing breast milk
in any public or private location where the mother is otherwise authorized
to be, as provided by Section 191.918, RSMo.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
A person commits the offense of prostitution if he or she engages
in or offers or agrees to engage in sexual conduct with another person
in return for something of value to be received by any person.
(b)
A person commits the offense of patronizing prostitution if he or
she:
(1)
Pursuant to a prior understanding, gives something of value
to another person as compensation for having engaged in sexual conduct
with any person; or
(2)
Gives or agrees to give something of value to another person
with the understanding that such person or another person will engage
in sexual conduct with any person; or
(3)
Solicits or requests another person to engage in sexual conduct
with any person in return for something of value.
(c)
No courtesan, prostitute or bawd shall engage in singing or dancing
in any place selling alcoholic beverages or in a public place or public
resort or act as a waiter or bartender.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
Violation by minor. It shall be unlawful for any minor under the
age of 17 years to be in or upon any public place within the City
between the hours of 11:00 p.m. and 6:00 a.m. of the following day,
official City time, except on Fridays and Saturdays, when the hours
shall be 12:00 midnight to 6:00 a.m.
(b)
Parents' responsibility. It shall be unlawful for the parent, guardian
or other adult person having the care and custody of a minor under
the age of 17 years to knowingly permit such minor to violate this
section.
(c)
Exceptions. The provisions of this section shall not apply when the
minor is accompanied by his or her parent, guardian or other adult
person having the care and custody of the minor, or where the minor
is upon an emergency errand or legitimate business directed by his
or her parent, guardian or other adult person having the care and
custody of the minor.
(d)
Warning, repeated violation. Any police officer finding a minor violating
the provisions of this section shall warn the child to desist immediately
from such violation and shall promptly report the violation to his
superior officer, who shall cause a written notice to be served upon
the parent, guardian or person in charge of such child, setting forth
the manner in which this section has been violated. Any parent, guardian
or person in charge of such child who shall knowingly permit such
child again to violate the provisions of this section after receiving
notice of the first violation shall be subject to the penalty provided
for violation of this Code.
[Ord. No. 5164, 6-22-2021]
(a)
Any
room, building or other structure regularly used for any prostitution
activities prohibited by this Code is a public nuisance.
(b)
The
City Attorney may, in addition to all criminal sanctions, prosecute
a suit in equity to enjoin the nuisance. If the court finds that the
owner of the room, building or structure knew or had reason to believe
that the premises were being used regularly for prostitution activity,
the court may order that the premises shall not be occupied or used
for such period as the court may determine, not to exceed one (1)
year.
(c)
All
persons, including owners, lessees, officers, agents, inmates or employees,
aiding or facilitating such a nuisance may be made defendants in any
suit to enjoin the nuisance, and they may be enjoined from engaging
in any prostitution activity anywhere within the jurisdiction of the
court.
(d)
Appeals
shall be allowed from the judgment of the court as in other civil
actions.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
In the event of any unlawful riotous assembly in the City, the Mayor
or acting Mayor may issue a proclamation putting into effect a curfew
applying to all persons excepting City officials and law enforcement
officers requiring them to remain in their places of abode for a period
of not more than three days during the hours between one-half hour
after sunset and 5:00 a.m. the next day.
(b)
It shall be unlawful for any parent or guardian and others having
custody of any minors to permit such minors to violate any curfew
proclaimed and ordered by the Mayor or acting Mayor under the provisions
of this section.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
It shall be unlawful for any person in the City to violate the
orders of the Mayor included in any proclamation pertaining to unlawful
and riotous assemblies under state law, and ordinances of the City
pertaining to the same subject. Any person violating such proclamation
shall be prosecuted by complaint or information as in the case of
violation of City ordinances.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
All persons engaged in any unlawful riotous assembly who shall
fail to obey any lawful command given by a peace officer or any of
the officers described in Section 542.170, RSMo., pertaining to unlawful,
riotous assemblies, shall be deemed guilty of an offense.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
Any person who encourages, aids or causes a child under 17 years
of age to commit any act or engage in any conduct which would be injurious
to the child's morals or health or who commits any act or omits the
performance of any duty which contributes to, causes or tends to cause
a child under the age of 17 years to come within the provisions of
Subdivisions (1) or (2) of Section 211.031, RSMo., is guilty of an
offense.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
CRIMINAL ACT
MINORS
PARENT
For the purpose of this section, the following words and phrases
are defined as follows:
An act which violates the statutes of the United States,
the Statutes of the State of Missouri or the ordinances of the City
of Crestwood, including, but not limited to, moving traffic violations,
juvenile delinquency, vandalism and malicious mischief.
Any person under the age of 18 years.
Mother, father, legal guardian or any person having the care
or custody of a minor.
(b)
No parent shall knowingly permit, encourage, aid or cause a minor
to commit a criminal act as defined herein or engage in any conduct
which would be injurious to the minor's morals or health.
(c)
No parent shall fail to exercise sufficient and effective care, vigilance,
discipline and control over a minor so as to contribute to, cause
or tend to cause a minor to commit a criminal act, as defined herein.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
No person in the presence of any minor shall indulge in any
degrading, lewd, immoral or vicious habits or practices; or take indecent
or improper liberties with such minor; or publicly expose his or her
person to such minor in an obscene or indecent manner; or by language,
sign or touching such minor, suggest or refer to any immoral, lewd,
lascivious or indecent act, or shall detain or divert such minor with
intent to perpetrate any of the aforesaid acts.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
No person shall sell, lend, give away, show or have in his possession
with intent to sell or give away, or to show, or advertise, or otherwise
offer for loan, gift, or distribution to any minor child, any book,
pamphlet, magazine, newspaper, story paper or other printed paper
devoted to the publication, or principally made up of criminal news,
police reports or accounts of criminal deeds, or pictures and stories
of deeds of bloodshed, lust or crime, or devoted to lewd, lascivious
or obscene writings, stories, narratives or pictures or both, or exhibit
upon any street, or in any other place within the view or which may
be within the view of any minor child, any book, magazine, pamphlet,
newspaper, story paper or other paper or publication coming within
the description of matters mentioned in this section, or hire, use
or employ any minor child to sell or give away, or in any manner to
distribute or, having the case, custody or control of any minor child,
permit such child to sell, give away or in any manner to distribute,
any book, magazine, pamphlet, newspaper, story paper or other paper
or publication coming within the description of matters mentioned
in this section.
(b)
In order to sustain a conviction under this section, it shall be
essential that the City or other complainant allege in the complaint
or information and prove that the defendant had knowledge of the contents
of the media falling within the prohibitory provisions of this section,
at the time of the alleged violation of this section.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
For the purpose of this section, the term "refuse" is any solid or
liquid waste material, including, but not by way of limitation, putrescible
animal and vegetable waste, metal, junk, wood, paper, chemical matter,
plastics, cloth or other waste or discarded items.
(b)
The throwing, dropping, depositing or placing of refuse or debris
in or upon any street, public or private, or any other public place
or park, or any other private property, whether owned by such person
or not, by any person in such a manner and extent as to thereby render
the same unsightly, unclean or unsafe is declared to be a nuisance.
(c)
The throwing, dropping, depositing or placing of refuse or debris
in any pond, lake, stream, creek, surface water drainage ditch or
watercourse, any part of a stormwater system or any other body of
water by any person in such a manner and extent as to thereby render
the same unsightly, unclean or unsafe is declared to be a nuisance.
(d)
This section shall not be construed so as to prohibit a property
owner from protecting his property against erosion, so long as there
is no danger of the materials used blocking, impeding or constructing
the flow of the watercourse.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
MINOR REPAIRS
SUBSTANTIAL REPAIRS
As used in this section:
Repairs such as: changing oil; changing spark plugs; changing,
repairing or switching tires; changing the air filter or oil filter;
or adjusting brakes.
All repairs other than minor repairs.
(b)
_____
(1)
No person shall make substantial repairs to any vehicle or dismantle
any vehicle upon a public street or upon private property within any
residential district zoned "R-1", "R-2", "R-3", "R-4", "R-5" or "PD-R"
unless said repairs or dismantling is conducted in an enclosed area,
the interior of which cannot be viewed from any surrounding property.
(2)
Any repairs or dismantling as authorized by subsection (b)(1)
above, shall only be lawful if the owner of or person controlling
the residential property is performing said repairs or dismantling
a vehicle owned by a member of the household.
(c)
Nothing herein shall prohibit minor repairs to be performed on a
vehicle owned by a member of the household on his or her property.
(d)
Repair of vehicles for compensation is prohibited on property zoned
residential.
(e)
The repair of vehicles under this section shall not create a nuisance
by excess noise, early or late work between the hours of 10:00 p.m.
and 7:00 a.m., or the accumulation of debris.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
BOAT
CONSTRUCTION
MINOR REPAIRS
SUBSTANTIAL REPAIRS
As used in this section:
Watercraft of a size that requires a trailer for land transportation,
and propelled by sail; inboard motor or engine; or outboard motor(s)
too large to be hand-portable. Excluded from provisions of this section
are small craft propelled by oars, sculls, paddles or hand-portable
outboard motors, such as canoes, kayaks, inflatable rafts and flat-bottomed
fishing dinghies.
Complete assembly from basic materials and/or formed sections
of a boat hull, thwarts, bulkheads, decking and, when required, masts
and spars; equipping the finished shell with navigational apparatus,
furnishings, motors, electrical system and communications devices;
fitting sail on wind-propelled craft; and sanding and painting the
completed boat.
Repairs such as: tuning or repairing navigational apparatus,
electrical system and communication devices; changing spark plugs
in motors; replacing or charging batteries; changing oil and replacing
air or oil filters in motors or engines; sanding and/or painting minor
portions of hull, bulkheads, decking and masts; patching or repairing
canvas sail, tarpaulins or hatch covers; repairing or replacing lines
and polishing brightwork.
Altering the design and/or arrangement of a completed boat,
completed re-sanding and repainting, major repair or overhaul of inboard
or outboard motors and a complete refitting of sail on wind-propelled
craft.
(b)
No person shall construct or make substantial repairs to a boat upon
a public street or upon private property within any residential district
zoned "R-1", R-2", "R-3", "R-4", "R-5" or "PD-R" unless said construction
or repairs are conducted in an enclosed area, the interior of which
cannot be viewed from any surrounding residential property.
(c)
Construction or substantial repairs shall be lawful only if the owner
of or person controlling the residential property is performing said
construction or repairs on a boat owned by a member of his or her
household.
(d)
Nothing in this section shall prohibit minor repairs to be performed
on a boat by its owner on his or her property.
(e)
Any construction or repair of boats allowed under this section must
not create a nuisance by either excessive noise, late work or accumulation
of debris.
(f)
Repair of boats for compensation is prohibited on property zoned
residential.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
A person commits the offense of fraudulent use of a credit device
or debit device if he or she uses a credit device or debit device
for the purpose of obtaining services or property, knowing that:
(1)
The device is stolen, fictitious or forged; or
(2)
The device has been revoked or cancelled; or
(3)
For any other reason his or her use of the device is unauthorized;
or
(4)
Uses a credit device or debit device for the purpose of paying
property taxes and knowingly cancels such charges or payment without
just cause. It shall be prima facie evidence of a violation of this
section if a person cancels such charges or payment after obtaining
a property tax receipt to obtain license tags from the Missouri Department
of Revenue.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
Definitions. The words and phrases as used in this section shall
have the same meanings as set forth in RSMo. 195.010, as amended,
and such section is hereby adopted in its entirety and incorporated
as if set forth herein verbatim.
(b)
Prohibited acts.
(1)
A person commits the offense of possession of a controlled substance,
as defined in Section 195.010, RSMo., if he or she knowingly possesses
a controlled substance, except as authorized by Chapter 579, RSMo.,
or Chapter 195, RSMo.
(2)
A person commits the offense of possession of any synthetic
cannabinoid, as defined in Section 195.010, RSMo., if he or she knowingly
possesses any synthetic cannabinoid, except as authorized by Chapter
579 or Chapter 195, RSMo.
(3)
It is unlawful for any person to deliver, possess with intent
to deliver, or manufacture with intent to deliver, drug paraphernalia,
knowing or under circumstances where one reasonably should know, that
it will be used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, inject, ingest, inhale or otherwise
introduce into the human body a controlled substance or an imitation
controlled substance in violation of this section.
(4)
It is unlawful for any person to place in any newspaper, magazine,
handbill or other publication, any advertisement, knowing, or under
circumstances where one reasonably should know, that the purpose of
the advertisement, in whole or in part, is to promote the sale of
objects designated, or intended, for use as drug paraphernalia.
(5)
It is unlawful for any person to use or to knowingly possess
an imitation controlled substance.
(6)
It is unlawful for any person to deliver, possess with intent
to deliver, manufacture with intent to deliver, or cause to be delivered
any imitation controlled substance in violation of this section.
(7)
It is unlawful for any person to place in a newspaper, magazine,
handbill or other publication, or to post or distribute in any public
place, any advertisement or solicitation with reasonable knowledge
that the purpose of the advertisement, or solicitation, is to promote
the distribution of imitation controlled substances.
(c)
User to keep in container in which obtained. A person to whom, or
for whose use, any controlled substance has been prescribed, sold
or dispensed by a physician, dentist, podiatrist or pharmacist, or
other person authorized under the provisions of RSMo. 195.050, and
the owner of any animal for which any such drug has been prescribed,
sold or dispensed by a veterinarian, may lawfully possess it only
in the container in which it was delivered to him/her by the person
selling or dispensing the same.
(d)
Places used for illegal sale and use — Nuisances. Any room,
building, or structure which is used for the illegal use, keeping
or selling of controlled substances shall be deemed a "public nuisance".
No person shall keep or maintain such a public nuisance in violation
of this Code.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
Definition. As used in this section, the term "drug paraphernalia"
means all equipment, products substances and materials of any kind
which are used, intended for use or designed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
producing, preparing, storing, containing, concealing, injecting,
ingesting, inhaling or otherwise introducing into the human body a
controlled substance or an imitation controlled substance in violation
of this chapter or Chapters 195 or 579, RSMo. It includes but is not
limited to:
(1)
Kits used, intended for use or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived;
(2)
Kits used, intended for use or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances or imitation controlled substances;
(3)
Isomerization devices used, intended for use or designed for
use in increasing the potency of any species of plant which is a controlled
substance or an imitation controlled substance;
(4)
Testing equipment used, intended for use or designed for use
in identifying or in analyzing the strength, effectiveness or purity
of controlled substances or imitation controlled substances;
(5)
Scales and balances used, intended for use or designed for use
in weighing or measuring controlled substances or imitation controlled
substances;
(6)
Dilutents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose used, intended for use or designed for
use in cutting controlled substances or imitation controlled substances;
(7)
Separation gins and sifters used, intended for use or designed
for use in removing twigs and seeds from, or in otherwise cleaning
or refining, marijuana;
(8)
Blenders, bowls, containers, spoons and mixing devices used,
intended for use or designed for use in compounding controlled substances
or imitation controlled substances;
(9)
Capsules, balloons, envelopes and other containers used, intended
for use or designed for use in packaging small quantities of controlled
substances or imitation controlled substances;
(10)
Containers and other objects used, intended for use or designed
for use in storing or concealing controlled substances or imitation
controlled substances;
(11)
Hypodermic syringes, needles and other objects used, intended
for use or designed for use in parenterally injecting controlled substances
or imitation controlled substances into the human body;
(12)
Objects used, intended for use or designed for use in ingesting,
inhaling or otherwise introducing marijuana, cocaine, hashish or hashish
oil into the human body, such as:
a.
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal bowls;
b.
Water pipes;
c.
Carburetion tubes and devices;
d.
Smoking and carburetion masks;
e.
Roach clips: meaning objects used to hold burning material,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand;
f.
Miniature cocaine spoons, and cocaine vials;
g.
Chamber pipes;
h.
Carburetor pipes;
i.
Electric pipes;
j.
Air-driven pipes;
k.
Chillums;
l.
Bongs; or
m.
Ice pipes or chillers.
(13)
Substances used, intended for use, or designed for use in the
manufacture of a controlled substance.
(b)
Factors used in determination. In determining whether objects are
drug paraphernalia, a court or other authority should consider, in
addition to all other logically relevant factors, the following:
(1)
Statements by an owner or by any person in control of the object
concerning its use;
(2)
Prior convictions, if any, of an owner or of any person in control
of the object under any state or federal law relating to any controlled
substance;
(3)
The proximity of the object, in time and space, to a direct
violation of this chapter or Chapters 195 or 579, RSMo.;
(4)
The existence of any residue of controlled substances or imitation
controlled substances on the object;
(5)
Direct or circumstantial evidence of the intent of an owner,
or of any person in control of the object, to deliver it to persons
who he knows, or should reasonably know, intend to use the object
to facilitate a violation of this chapter or Chapters 195 or 579,
RSMo.; the innocence of an owner, or of any person in control of the
object, as to a direct violation of this chapter or Chapters 195 or
579, RSMo. shall not prevent a finding that the object is intended
for use, or designed for use, as drug paraphernalia;
(6)
Instructions, oral or written, provided with the object concerning
its use;
(7)
Descriptive materials accompanying the object which explain
or depict its use;
(8)
National and local advertising concerning its use;
(9)
The manner in which the object is displayed for sale;
(10)
Whether the owner, or any person in control of the object, is
a legitimate supplier of like or related items to the community, such
as a licensed distributor or dealer of tobacco products;
(11)
Direct or circumstantial evidence of the ratio of sales of the
object or objects to the total sales of the business enterprise;
(12)
The existence and scope of legitimate uses for the object in
the community;
(13)
Expert testimony concerning its use;
(14)
The quantity, form or packaging of the product, substance or
material in relation to the quantity, form or packaging associated
with any legitimate use for the product, substance or material.
(c)
Use; possession. A person commits the offense of unlawful possession of drug paraphernalia if he or she knowingly uses, or possesses with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body, a controlled substance or an imitation controlled substance in violation of this chapter or Chapters 195, 579, RSMo. Any person who violates this subsection is guilty of an offense and shall be assessed a penalty in accordance with § 1-6 of this Code.
(d)
Sale; delivery. It is unlawful for any person to deliver or sell, possess with intent to deliver or sell or manufacture with intent to deliver or sell drug paraphernalia, knowing, or under circumstances where one reasonably should know, that they will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or imitation controlled substance in violation of this chapter or Chapters 195, 579, RSMo. Any person who violates this subsection is guilty of an offense and shall be assessed a penalty in accordance with § 1-6 of this Code.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
It shall be unlawful for any person to throw or place or cause
to be thrown or placed on any street of the City any tacks, nails,
wire, scrap metal, glass, crockery, sharp stones or other substances
injurious to the feet of persons or animals or to the tires or wheels
of vehicles. Any person who has purposely, accidentally or by reason
of an accident dropped from his person or any vehicle any such substance
upon the street, shall immediately make all reasonable efforts to
clear such street of the same.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017; amended 5-28-2019 by Ord. No. 4967]
(a)
Public nuisances within the City are hereby designated as follows:
(1)
Any act done or committed or suffered to be done or committed
by any person, or any substance or thing kept or maintained, placed
or thrown on or upon any public or private premises which is injurious
to the public health, safety or welfare.
(2)
All pursuits followed or acts done by any person to the hurt,
injury, inconvenience or danger of the public.
(b)
The above definitions shall include, but not by way of limitation,
the following:
(1)
Any pool of stagnant water standing on any premises.
(2)
Repetitive emission of noise, odors, or fumes beyond the property
owned or occupied by the party creating such condition.
(3)
The accumulation of rubbish, litter, waste materials, or debris
of any kind on property.
(4)
The growth of weeds or grass of any type to a height in excess
of seven inches or more on any property.
(5)
Leaking sanitary sewer laterals.
(6)
Encroachments in any street, alley, sidewalk, parkway or other
public place.
(7)
Firewood that is not stacked five inches or more off the ground
at all times and/or not located behind the front of the building line
of the property.
(8)
Weed cuttings, cut, fallen, or hazardous trees and shrubs.
(9)
Rocks, bricks, tin, steel, parts of derelict cars or trucks,
broken furniture, and any flammable material which may endanger public
safety.
(c)
Weeds and trash.
(1)
Whenever weeds or trash are allowed to grow or accumulate on
any part of any lot within the City, the owner(s) and/or the occupant(s)
shall be liable. The Director of Public Services or his designee shall
hold a hearing on the existence of a nuisance, with at least four
calendar days' notice given to the owner or occupant of the premises.
Notice may be given either personally or by first class United States
Mail to the owner or owners, or the owner's agents, or by posting
such notice on the premises. The Public Services Director or his designee
may order at said hearing the abatement of such nuisance within five
business days following such hearing.
(2)
If weeds are allowed to grow in excess of seven inches or more
on a property more than once during the same growing season, or if
trash is allowed to accumulate on the same property more than once
during a calendar year, the Director of Public Services may order
that the weeds or trash be abated within five business days after
notice is sent to or posted on the property. In case the weeds or
trash are not removed within the five business days, the Director
of Public Services may have the weeds or trash removed, and the cost
of the same shall be billed in the manner described in Subsection
(e) of this section.
(d)
All other acts, conditions deemed public nuisances herein. If one or more violations of Subsections (a) or (b) exist on a property within the City, the owner(s) and/or the occupant(s) shall be liable. The Director of Public Services or his designee shall provide the owner(s) and/or the occupant(s) a written notice specifically describing each condition of the lot declared to be a public nuisance, and which notice shall identify what action will remedy the public nuisance. Unless a condition presents an immediate, specifically identified risk to the public health or safety, the notice shall provide a reasonable time, not less than 10 calendar days, in which to abate or commence removal of each condition identified in the notice. Written notice may be given by personal service or by first-class United States Mail to both the occupant(s) of the property at the property address and the owner(s) at the last known address of the owner(s), if not the same. Upon a failure of the owner to pursue the removal or abatement of such nuisance without unnecessary delay, the Director of Public Services or designated officer may cause the condition which constitutes the nuisance to be removed or abated as provided in Subsection (e) of this section.
(e)
If the nuisance is not abated within the time provided by Subsection (c) for weeds or trash, or the time provided in Subsection (d) for all other nuisances, the Director of Public Services or his designee shall have the nuisance abated and shall certify the costs of same to the City Clerk. The City Clerk shall issue a special tax bill therefor against the property, which shall be a first lien on the property from the date of issuance until paid and shall be prima facie evidence of the recitals therein and of its validity. No clerical error or informality in such tax bill, or in the proceedings leading to its issuance, shall be a defense. Any such tax bill, if not paid when due, shall bear interest at the rate of 8% per annum. A special tax bill issued hereunder shall be enforced in the manner provided by law for the enforcement of special tax bills. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property from the date the tax bill is delinquent until paid. If the City files a lawsuit to enforce a special tax bill, the City may charge its costs of collecting the tax bill, including attorney fees, incurred in enforcing a special tax bill.
(f)
In addition to the procedures herein authorized, any person violating
the terms hereof shall, upon conviction, be subject to the penalties
provided for violation of City ordinances.
(g)
If a property is owned by a limited-liability company, the notices
required by this section may be served by, in addition to posting
notice on the property, United States Mail upon the limited-liability
company's registered agent, or, for foreign limited-liability companies
with no registered agent in this state, or if such company's agent
cannot be found or served with the exercise of reasonable diligence,
by United States Mail to the Missouri Secretary of State in accordance
with Section 347.153, RSMo.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
Scope. In order to enhance the public health, safety and welfare
of the residents of, visitors to, and those working in the City of
Crestwood, the provisions of this section shall apply throughout the
City.
(b)
Purpose. It is the purpose of this section to promote the health,
safety and welfare by decreasing exposure to secondhand smoke; and
to create smoke-free environments for residents, workers, patrons
and visitors to places of employment and all other public places within
the City.
(c)
BUSINESS
CIGAR BAR
DRINKING ESTABLISHMENT
EMPLOYEE
EMPLOYER
ENCLOSED or ENCLOSED AREA
PERMANENTLY DESIGNATED SMOKING ROOM
PLACE OF EMPLOYMENT
PRIVATE CLUB
PUBLIC PLACE
RESTAURANT
SERVICE LINE
SHOPPING MALL
SMOKING
SPORTS ARENA
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
A sole proprietorship, partnership, joint venture, corporation,
or other business entity, either for-profit or not-for-profit, including
retail establishments, where goods or services are sold; professional
corporations and other entities where legal, medical, dental, engineering,
architectural, or other professional services are delivered, and private
clubs.
A business with a permit to sell alcoholic beverages that
generates 25% or more of its quarterly gross revenue from the sale
of cigars and/or rental of humidor space, has a humidor on the premises
and does not allow minors to enter the premises.
Any business with a valid license issued by the St. Louis
County Department of Revenue (pursuant to Chapter 801, Title VIII
SLCRO 1974 as amended, "Alcoholic Beverages") to sell intoxicating
liquor by the drink or to sell beer and light wine by the drink whose
on-site sales of food for consumption on the premises comprises no
more than 25% of gross sales of food and both alcoholic and non-alcoholic
beverages on an annual basis.
Any person who performs services for an employer, with or
without compensation.
A person, partnership, association, corporation, trust or
other organized group of individuals, including the City or any agency
thereof, which utilizes the services of at least one employee.
A space bound by walls (with or without windows) continuous
from the floor to the ceiling and enclosed by doors, including, but
not limited to, offices, rooms, all space therein screened by partitions
which do not extend to the ceiling or are not solid, "office landscaping"
or similar structures and hallways.
A hotel or motel room that may be designated as a smoking
room, with such designation being changeable only one time a year.
Any enclosed area under the control of a public or private
employer which employees normally frequent during the course of employment,
including, but not limited to work areas, employee lounges and restrooms,
conference rooms and classrooms, employee cafeterias and hallways.
A private residence is not a "place of employment" unless it is used
as a childcare, adult day care or health care facility.
A not-for-profit organization incorporated under the laws
of the State of Missouri for fraternal or social purposes or for a
congressionally chartered veterans' organization, which has a defined
membership and restricts admission to members of the club and their
guests. Private club shall not include an establishment that is generally
open to members of the general public upon payment of a fee. A private
club shall not be considered a "public place" except when it is the
site of a meeting, event or activity that is open to the public.
Any enclosed or other area to which the public is invited
or in which the public is permitted, including, but not limited to,
banks, educational facilities, reception areas, health facilities,
laundering facilities, public transportation facilities, production
and marketing establishments, retail service establishments, retail
stores, theaters, and waiting rooms. A private residence is not a
"public place" unless it is used as a childcare, adult day care, or
health care facility.
An eating establishment including, but not limited to, coffee
shops, cafeterias, sandwich stands and private and public school cafeterias,
which provides food to the public, guests or employees, as well as
kitchens and catering facilities in which food is prepared on the
premises for serving elsewhere. The term "restaurant" shall include
a bar and lounge area within the restaurant.
Any indoor or outdoor line at which one or more persons are
waiting for or receiving service of any kind, whether or not such
service involves the exchange of money.
An enclosed public walkway or hall area that serves to connect
retail or professional establishments.
Inhaling, exhaling, burning or carrying any lighted or heated
cigar, cigarette, pipe or other tobacco product.
Sports pavilions, gymnasiums, health spas, boxing arenas,
outdoor and indoor swimming pools, outdoor athletic fields, outdoor
and indoor roller and ice skating rinks, bowling alleys and other
similar places where members of the general public assemble either
to engage in physical exercise, participate in athletic competition
or witness sports events.
(d)
Prohibition of smoking in enclosed places of employment and other
public places.
(1)
It shall be unlawful for any person within an enclosed place
of employment to possess lighted or heated smoking materials in any
form, including but not limited to the possession of lighted or heated
cigarettes, cigars, pipes or other tobacco products.
(2)
It shall be unlawful for any person within an enclosed public
place, or within any other places hereinafter specified, to possess
lighted or heated smoking materials in any form, including but not
limited to the possession of lighted or heated cigarettes, cigars,
pipes or other tobacco products, including but not limited to the
following places:
a.
Elevators in public buildings;
b.
Restrooms in public buildings;
c.
Libraries, educational facilities, childcare and adult day care
facilities, museums, auditoriums, aquariums and art galleries;
d.
Any health care facility, health clinic or ambulatory care facilities,
including, but not limited to: laboratories associated with the rendition
of health care treatment, hospitals, nursing homes, doctors' offices
and dentists' offices;
e.
Any indoor place of entertainment or recreation, including,
but not limited to, gymnasiums, theaters, concert halls, bingo halls,
arenas and swimming pools;
f.
Service lines;
g.
Facilities primarily used for exhibiting a motion picture, stage,
drama, lecture, musical recital or other similar performance;
h.
Shopping malls or retail establishments;
i.
Indoor and outdoor sports arenas;
j.
Restaurants, including lounge and bar areas, except outdoor
dining areas;
k.
Convention facilities;
l.
All indoor public areas and waiting rooms of public transportation
facilities, including, but not limited to, bus and mass transportation
facilities;
m.
Any other area used by the public or serving as a place of employment;
n.
Every room, chamber, place of meeting or public assembly, including
school buildings under the control of any board, commission, committee,
including, but not limited to, joint committees, or agencies of the
City or any political subdivision of the state during such time as
a public meeting is in progress, to the extent such place is subject
to the jurisdiction of the City;
o.
All enclosed areas owned by the City;
p.
Rooms in which meetings or hearings open to the public are held,
except where such rooms are in a private residence;
q.
Sidewalks, driveways and other open areas within 15 feet of
the entry to any building owned or occupied by any governmental entity,
or within 15 feet of the entry to any building open to the public;
provided, however, that this entryway prohibition shall not apply
within outside dining areas where smoking is permitted or to entries
that are located less than 50 feet from another public entry.
(3)
It shall be unlawful to dispose of smoking waste, or to place
or maintain a receptacle for smoking waste, in an area in which smoking
is prohibited under this section.
(e)
Responsibilities of proprietors, owners and managers.
(1)
It shall be unlawful for any person having control of a place
listed in this section knowingly to permit, cause, suffer or allow
any person to violate the provisions of this section. It shall be
an affirmative defense to an alleged violation of this subsection
that the person having control of a place has asked that the lighted
or heated cigarette, cigar, pipe or other tobacco product be extinguished
and asked the person to leave the establishment if that person has
failed or refused to extinguish the lighted or heated cigarette, cigar,
pipe or other tobacco product.
(2)
A person having control of a place listed in this section shall
clearly and conspicuously post "No Smoking" signs or the international
"No Smoking" symbol (consisting of a pictorial representation of a
burning cigarette enclosed in a red circle with a red bar across it)
near all entrances where smoking is prohibited pursuant to this section.
Such signage shall consist of letters not less than one inch in height.
(3)
It shall be the responsibility of employers to provide smoke-free
workplaces for all employees.
(4)
All employers shall supply a written copy of the smoking policy
upon request to any existing or prospective employee.
(f)
Declaration of establishment as nonsmoking. Notwithstanding any other provision of this section, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. No person shall smoke in places so declared and posted with signs pursuant to subsection (e).
(g)
Exceptions. Notwithstanding any other provision of this section to
the contrary, the following shall not be subject to the smoking restrictions
of this section:
(1)
Private residences, not serving as enclosed places of employment
or enclosed public places;
(2)
Private clubs;
(3)
Performers on stage in a theatrical production, where smoking
is required as part of the production;
(4)
Private and semi-private rooms in nursing homes and long-term
care facilities, the residents of which are all smokers and have all
requested the management of the facility to be placed in a room where
smoking is permitted;
(5)
Retail establishments in which food is not prepared on the premises
and where more than 60% of the volume of trade or business carried
on is the sale of tobacco and tobacco-related products;
(6)
Permanently designated smoking rooms, not to exceed 25% of the
guest rooms;
(7)
Cigar bars, provided such entity is in operation on or before
the effective date of this section and provided that smoke does not
infiltrate into areas where smoking is otherwise prohibited;
(8)
Drinking establishments which are in operation on or before
the effective date of this section; provided, however, that no smoke
infiltrates into areas where smoking is otherwise prohibited, and
further provided that each such drinking establishment has posted
in a place visible to the public from its exterior a certificate of
exemption issued by the Department of Revenue pursuant to subsection
(j).
(h)
Section not to preclude more extensive prohibitions. Nothing in this
section shall be construed or applied in such a manner as to interfere
with or prohibit a property owner, business operator or public entity,
including the City, from more broadly prohibiting smoking on or about
their property or from prohibiting smoking in areas, at times, or
under conditions which do not fall within the prohibitions established
by this section.
(i)
Notice to license applicants. Notice of the provisions of this section
shall be given to all applicants for licenses issued by the City pertaining
to use of property for business or commercial purposes to which the
public will be invited or permitted.
(j)
Department of revenue to issue certificates of exemption to qualified
drinking establishments.
(1)
The owner or operator of a drinking establishment which seeks
a smoking exemption certificate shall submit his or her signed and
notarized statement, on a form provided by the Director of Revenue,
certifying:
a.
The amount of the drinking establishment's previous annual gross
revenue and that food sales from the licensed premises comprised no
more than 25% of gross sales of both food and beverages during that
year and is not reasonably expected to comprise more than 25% of gross
sales of both food and beverages going forward; or
b.
That the drinking establishment has been operating for less
than one year and that the owner or operator reasonably believes that
the annual gross revenue derived from the sale of food consumed on
the premises will constitute a maximum of 25% of gross revenue of
the establishment going forward.
(2)
Any drinking establishment granted an exemption under subsection
(b) above, shall submit to the Director of Revenue, no more than 100
days after issuance of a certificate of exemption, a signed and notarized
statement by the owner or operator identifying the actual gross revenue
and liquor sales for the previous 90 days of operation. The Director
of Revenue shall suspend or revoke any certificate of exemption issued
under subsection (b) if this certification is not timely provided
or if the certificate fails to demonstrate that the drinking establishment
derived a maximum of 25% of its gross revenue from the sale of food
during that period.
(3)
There shall be a fee of $35 for each application for a smoking
exemption certificate, which fee shall be paid at the time of the
application.
(4)
The Director of Revenue may suspend or revoke any certificate
of exemption issued hereunder if the drinking establishment is determined
not to qualify for same, in accordance with the procedures set forth
in Section 801.120 SLCRO 1974, as amended.
(k)
Penalties.
(1)
Every person who shall be convicted of a violation of Subsections
(d) or (f) shall be fined not more than $50 for each offense.
(2)
A person who owns, manages, operates, or otherwise controls
a public place or place of employment and who shall be convicted of
a violation of subsection (e) shall be fined as follows:
(3)
Each day on which a violation of this section occurs shall be
considered a separate and distinct violation.
(l)
Severability. Each and every part and subsection of this section
shall be separate and severable from each and every other part and
subsection hereof. In the event that any part of this section shall
be determined to be unlawful or unconstitutional, the remaining parts
and subsections shall be and remain in full force and effect.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
DISTRIBUTE
ELECTRONIC SMOKING DEVICE
PERSON
PROOF OF AGE
ROLLING PAPERS
SAMPLE
SAMPLING
TOBACCO PRODUCTS
VENDING MACHINE
Definitions. As used in this section, the following terms mean:
A conveyance to members of the general public by sale, barter,
gift or sample.
Any device that can be used to deliver aerosolized or vaporized
nicotine or other substance to the person inhaling from the device,
including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape
pen or e-hookah. Electronic smoking device includes any component,
part, or accessory of such a device, whether or not sold separately,
and includes any substance intended to be aerosolized or vaporized
during the use of the device. Electronic smoking device does not include
drugs, devices, or combination products authorized for sale by the
U.S. Food and Drug Administration, as those terms are defined in the
Federal Food, Drug and Cosmetic Act.
An individual, partnership, copartnership, firm, company,
trust, estate, political subdivision, or any agency, board, department
or bureau of the state or federal government, or any other legal entity
which is recognized by law as the subject of rights and duties.
A driver's license or other generally accepted means of identification
that contains a picture of the individual and appears on its face
to be valid, which shows that the individual is 21 years of age or
older.
Paper designed, manufactured, marketed, or sold for use primarily
as a wrapping or enclosure for tobacco, which enables a person to
roll loose tobacco into a smokable cigarette.
A tobacco product or electronic smoking device distributed
to members of the general public at no cost or at nominal cost for
product promotional purposes.
The distribution to members of the general public of samples.
Any product that is made from or derived from tobacco, and
is intended for human consumption or is likely to be consumed, whether
smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by
any other means, including, but not limited to, a cigarette, a cigar,
pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking
device. The term includes any component or accessory used in the consumption
of a tobacco product, such as filters, rolling papers, pipes, or liquids
used in electronic smoking devices. Tobacco product does not include
drugs, devices, or combination products authorized for sale by the
U.S. Food and Drug Administration, as those terms are defined in the
Federal Food, Drug and Cosmetic Act.
Any mechanical electric or electronic, self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products or electronic smoking devices.
(b)
Prohibitions.
(1)
No person shall sell or distribute any tobacco product, electronic
smoking device, or rolling papers to any person under the age of 21.
This subsection shall not apply to the distribution by family members
on property that is not open to the public.
(2)
The owner of an establishment at which tobacco products, electronic
smoking devices, or rolling papers are sold at retail or through vending
machines shall cause to be prominently displayed in a conspicuous
place at every display from which such products are sold and on every
vending machine from which such products are purchased a sign that
shall:
a.
Contain in red lettering at least one-half-inch high on a white
background the following: "It is a violation of law for tobacco products
or electronic smoking devices to be sold to any person under the age
of 21" and
b.
Include a depiction of a pack of cigarettes at least two inches
high defaced by a red diagonal diameter of a surrounding red circle,
and the words, "Under 21."
(3)
A person selling or otherwise distributing tobacco products,
electronic smoking devices, rolling papers, or tobacco product samples
shall require proof of age from a prospective purchaser or recipient
if a reasonably prudent person would conclude on the basis of appearance
that such prospective purchaser or recipient may be under the age
of 21.
(4)
If a sale is made by an employee of the owner of an establishment
in violation of this section, the employee shall be guilty of an offense
as established herein. If a vending machine is in violation of this
section, the owner of the establishment where said machine is located
shall be guilty of an offense as established herein. If a sample is
distributed by the employee of a company conducting a sampling, such
employee shall be guilty of an offense as established herein.
(5)
Reasonable reliance on proof of age or on the appearance of
the purchaser or recipient shall be a defense to any action for violation
of this section. No person shall be liable for more than one violation
of this section on any single day.
(6)
It shall be unlawful for any person under the age of 21 to purchase,
cause to be purchased, or in any manner obtain tobacco products, electronic
smoking devices, or rolling papers, whether in exchange for monetary
consideration or otherwise. This subsection shall not apply to the
distribution of same by family members on property that is not open
to the public.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
Every citizen may freely speak, write and publish the person's sentiments
on all subjects, being responsible for the abuse of the right, but
no person shall picket or engage in other protest activities, nor
shall any association or corporation cause picketing or other protest
activities to occur within 300 feet of any residence, cemetery, funeral
home, church, synagogue, or other establishment during or within one
hour before or one hour after the conducting of any actual funeral
or burial service at that place.
(b)
As used in this section, "other protest activities" means any action
that is disruptive or undertaken to disrupt or disturb a funeral or
burial service.
(c)
As used in this section, "funeral" and "burial service" mean 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.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
Each term in this Chapter 16, including culpable mental states, shall have the meaning set forth in the "Revised Criminal Code," consisting of Chapters 556 to 580 of the Revised Statutes of Missouri, as enacted by Senate Bill 491 (2014), effective January 1, 2017, and as may be amended in the future, unless specifically defined herein, or unless the context clearly dictates a different meaning.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
Guilt for an offense may be based upon an attempt to commit
an offense if, with the purpose of committing the offense, a person
performs any act which is a substantial step towards the commission
of the offense. A "substantial step" is conduct which is strongly
corroborative of the firmness of the actor's purpose to complete the
commission of the offense.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
Guilt for an offense may be based upon a conspiracy to commit an
offense when a person, with the purpose of promoting or facilitating
the commission of an offense, agrees with another person or persons
that they or one or more of them will engage in conduct which constitutes
such offense.
(b)
It is no defense to a prosecution for conspiring to commit an offense
that a person, who knows that a person with whom he or she conspires
to commit an offense has conspired with another person or persons
to commit the same offense, does not know the identity of such other
person or persons.
(c)
If a person conspires to commit a number of offenses, he or she can
be found guilty of only one offense of conspiracy so long as such
multiple offenses are the object of the same agreement.
(d)
No person may be convicted of an offense based upon a conspiracy
to commit an offense unless an overt act in pursuance of such conspiracy
is alleged and proved to have been done by him or her or by a person
with whom he or she conspired.
(e)
No person shall be convicted of an offense based upon a conspiracy
to commit an offense if, after conspiring to commit the offense, he
or she prevented the accomplishment of the objectives of the conspiracy
under circumstances manifesting a renunciation of his or her criminal
purpose. The defendant shall have the burden of injecting the issue
of renunciation of criminal purpose.
(f)
For the purpose of time limitations on prosecutions:
(1)
A conspiracy to commit an offense is a continuing course of
conduct which terminates when the offense or offenses which are its
object are committed or the agreement that they be committed is abandoned
by the defendant and by those with whom he or she conspired;
(2)
If an individual abandons the agreement, the conspiracy is terminated
as to him or her only if he or she advises those with whom he or she
has conspired of his or her abandonment or he or she informs the law
enforcement authorities of the existence of the conspiracy and of
his or her participation in it.
(g)
A person shall not be charged, convicted or sentenced on the basis
of the same course of conduct of both the actual commission of an
offense and a conspiracy to commit that offense.
[Ord. No. 4789, § 1, 9-12-2017; Ord.
No. 5197, 11-9-2021]
(a)
Invasion
of privacy. Peeping, peering or spying into houses or dwelling places
occupied by any person or persons, through doors, windows or otherwise,
whether the occupants are within the premises or not, for the purpose
of spying upon or invading the privacy of another person, shall constitute
the offense of invasion of privacy.
(b)
Constructive invasion of privacy. Regardless of whether there is a physical trespass pursuant to § 16-28 of this Code, a person is guilty of constructive invasion of property if a person, through the use of a drone, small unmanned aircraft, or other similar device, knowingly attempts to capture or knowingly captures, in a manner that is offensive to a reasonable person, any type of visual image, visual recording, sound recording, or other physical impression of another engaging in private, personal, or familial activity in a place in which that person has a reasonable expectation of privacy and that impression could not have been achieved without a trespass unless the device was used.
(c)
This
section shall not be construed to impair or limit any otherwise lawful
activities of law enforcement personnel or employees of governmental
agencies or other entities, either public or private, who, in the
course and scope of their employment, and supported by an articulable
suspicion, attempt to capture any type of visual image, sound recording,
or other physical impression of a person during an investigation,
surveillance, or monitoring of any conduct to obtain evidence of suspected
illegal activity or other misconduct, the suspected violation of any
administrative rule or regulation, a suspected fraudulent conduct,
or any activity involving a violation of law or business practices
or conduct of public officials adversely affecting the public welfare,
health, or safety.
[Ord. No. 4789, § 1, 9-12-2017]
(a)
CIVIL TWILIGHT
SENSITIVE INFRASTRUCTURE
SMALL UNMANNED AIRCRAFT or DRONE
SMALL UNMANNED AIRCRAFT SYSTEM
UNMANNED AIRCRAFT
VISUAL OBSERVER
Definitions. As used in this section and in § 16-65 of this Code, the following terms shall have the meaning set forth herein.
Thirty minutes before official sunrise to 30 minutes after
official sunset, local time.
Power stations, utility lines, water treatment facilities,
correctional facilities, heavily traveled roadways, government facilities,
or other public utility facilities.
An unmanned aircraft weighing less than 55 pounds on takeoff,
including everything that is on board or otherwise attached to the
aircraft.
A small unmanned aircraft and its associate elements (including
communication links and the components that control the small unmanned
aircraft) that are required for the safe and efficient operation of
the small unmanned aircraft in the national airspace system.
An aircraft operated without the possibility of direction
human intervention from within or on the aircraft.
A person who is designated by the remote pilot in command
to assist the remote pilot in command and the person manipulating
the flight controls of the small unmanned aircraft to see and avoid
other air traffic or objects aloft or on the ground.
(b)
Regulations.
(1)
All operators of unmanned aircraft systems and small unmanned
aircraft systems shall adhere to applicable federal and state regulations,
rules, and laws regarding their use, and as may be amended from time
to time, and implemented thereafter.
(2)
No person shall operate an unmanned aircraft, other than a small unmanned aircraft, in the City, except as expressly authorized by state or federal law. Unmanned aircraft shall be operated in accordance with all state and federal laws, this section, § 16-65, and any other applicable ordinances of the City.
(3)
A small unmanned aircraft shall remain within a visual line
of sight of the operator of the unmanned aircraft system. Alternately,
any small unmanned aircraft shall remain within the visual line of
sight of a visual observer, provided that the operator of the small
unmanned aircraft system and the visual observer maintain effective
communication with one another at all times.
(4)
An operator of a small unmanned aircraft system shall not intentionally
operate a small unmanned aircraft over persons unprotected by shelter
or moving vehicles, or within 25 feet from any person, building or
vehicle.
(5)
An operator of a small unmanned aircraft system shall not operate
a small unmanned aircraft within five miles of an airport or heliport
without first notifying the airport and control tower.
(6)
Small unmanned aircraft shall not be operated in adverse weather
conditions, such as high winds or reduced visibility, that impair
the operator's ability to control the small unmanned aircraft.
(7)
No person shall operate a small unmanned aircraft system, nor
shall a person serve as visual observer, if such person is under the
influence of alcohol or a controlled substance.
(8)
No person shall operate a small unmanned aircraft system in
a reckless or negligent manner so as to endanger the life or property
of another.
(9)
No person shall, without the consent of the owner of the property,
public utility, or appropriate governmental entity, operate a small
unmanned aircraft within 25 feet of or over sensitive infrastructure
or property containing sensitive infrastructure.
(10)
No person shall operate a small unmanned aircraft system over
private property of another without the owner's consent, if such small
unmanned aircraft enters into the immediate reaches of the air space
next to private property and interferes substantially with the property
owner's use and enjoyment of his or her property.
(11)
No person shall operate a small unmanned aircraft system except
during daylight hours. A small unmanned aircraft system may be operated
during civil twilight hours if the small unmanned aircraft is equipped
with appropriate anti-collision lighting. Notwithstanding the foregoing,
a person may, with the consent of the property owner, operate a small
unmanned aircraft system between the start of civil twilight and 10:00
p.m. directly above the property if the property is fully lit by one
or more outdoor light fixture provided that each light fixture is
at a height of at least 60 feet above the surface of the ground.
(12)
In addition to any requirement imposed by state or federal law,
the operator of a small unmanned aircraft system shall report any
accident caused by his or her operation of a small unmanned aircraft
system to the Crestwood Police Department.
(c)
Waiver/application for waiver. The City Administrator is authorized to issue a certificate of waiver to a person to operate a small unmanned aircraft system for a special event or for a defined period of time, not to exceed 48 hours, in a manner that would not be authorized under subsection (b) of this section. The applicant for such waiver shall submit an application for waiver on a form prepared by the City Administrator. The applicant shall set forth in the application that he or she affirms as follows:
(1)
That the operator will be able to continuously know and determine
the position, altitude, and movement of the small unmanned aircraft
and ensure that the small unmanned aircraft will remain in the area
of intended operation;
(2)
That the operator will be able to avoid other aircraft, people
on the ground, and ground-based structures and obstacles at all time;
(3)
That the operator will be alerted of any degraded small unmanned
aircraft system function; and
(4)
That all required persons participating in the operation of
the small unmanned aircraft system will have relevant knowledge of
all aspects of operating unmanned aircraft systems that are not in
the visual line of sight of the operator.
|
The waiver granted herein shall be in writing and set forth
specifically which subsections of subsection (b) of this section are
waived, and the location and time for which the waiver is effective.
The City Administrator shall not waive compliance with any FAA regulation
or any state or federal law. The City Administrator shall not waive
compliance with Subsections (b)(1), (2), (6), (7), (8), or (12) of
this section.
|
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
Unless the context otherwise requires, as used in this Act the following
terms shall mean:
(1)
Abuse, when used in regard to acts of domestic violence between
adults, includes but is not limited to the occurrence of any of the
following acts, attempts, or threats against a person who may be protected
under a valid protective order issued by the State of Missouri or
any other state within the United States:
a.
Assault. Purposely or knowingly placing or attempting to place
another in fear of physical harm.
b.
Battery. Purposely or knowingly causing physical harm to another
with or without a deadly weapon.
c.
Coercion. Compelling another by force or threat of force to
engage in conduct from which the latter has a right to abstain or
to abstain from conduct in which the person has a right to engage.
d.
Harassment. Engaging in a purposeful or knowingly course of
conduct involving more than one incident that alarms or causes distress
to another person and serves no legitimate purpose. The course of
conduct must be such as would cause a reasonable person to suffer
substantial emotional distress and must actually cause substantial
emotional distress to the person. Such conduct might include, but
is not limited to:
e.
Sexual assault. Causing or attempting to cause another to engage
involuntarily in any sexual act by force, threat of force, or duress.
f.
Unlawful imprisonment. Holding, confining, detaining or abducting
another person against that person's will.
(2)
Abuse. When used in regard to acts of domestic violence against
a child, means any physical injury, sexual abuse, or emotional abuse
inflicted on a child other than by accidental means by an adult household
member, or stalking of a child. Discipline including spanking, administered
in a reasonable manner shall not be construed to be abuse.
(3)
Adult. Any person 17 years of age or older or otherwise emancipated.
(4)
Adult household member. Any person 17 years of age or older,
or an emancipated child, who resides with a child in the same dwelling
unit.
(5)
Child. Any person under 17 years of age.
(6)
Court. The circuit or associate circuit judge or a family court
commissioner.
(7)
Domestic violence occurs when a family or household member commits
one or more of the following against another family or household member:
assault; stealing; injury to property; peace disturbance; trespass;
domestic stalking, as defined in this Act; domestic harassment, as
defined in this Act; domestic tampering, as defined in this Act, or
violation of an order of protection; provided, however, that acts
of self-defense are not included.
(8)
Ex parte order of protection. An order of protection issued
by a court before the respondent has received notice of the petition
or an opportunity to be heard on it.
(9)
Family or household members. Spouses, former spouses, any person
related by blood or marriage, persons who are presently residing together
or have resided together in the past, any person who is or has been
in a continuing social relationship of a romantic or intimate nature
with the victim, and anyone who has a child in common regardless of
whether they have been married or have resided together at any time.
(10)
Full order of protection. An order of protection issued after
a hearing on the record where the respondent has received notice of
the proceedings and has had an opportunity to be heard.
(11)
Order of protection. Either an ex parte order of protection
or a full order of protection.
(12)
Petitioner. A family or household member or a person who has
been the victim of domestic violence who has filed a verified petition
under the provisions of RSMo. Ch. 455.
(13)
Respondent. The family or household member or person alleged
to have committed an act of domestic violence, against whom a verified
petition has been filed under the provisions of RSMo. Ch. 455.
(14)
Stalking. When any person purposely engages in an unwanted course
of conduct that causes alarm to another person, or a person who resides
together in the same household with the person seeking the order of
protection when it is reasonable in that person's situation to have
been alarmed by the conduct. As used in this section:
a.
Course of conduct means a pattern of conduct composed of repeated
acts over a period of time, however short, that serves no legitimate
purpose. Such conduct may include, but is not limited to, following
the other person or unwanted communication or unwanted contact;
b.
Alarm means to cause fear of danger of physical harm.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
Violation of the terms and conditions of an ex parte order of protection
of which the respondent has notice, with regard to domestic violence,
stalking, sexual assault, child custody, communication initiated by
the respondent or entrance upon the premises of the petitioner's dwelling
unit or place of employment or school, is hereby prohibited.
(b)
Violation of the terms and conditions of a full order of protection,
with regard to domestic violence, stalking, sexual assault, child
custody, communication initiated by the respondent or entrance upon
the premises of the petitioner's dwelling unit or place of employment
or school, is hereby prohibited.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
When a law enforcement officer has probable cause to believe a party
has committed a violation of law amounting to an offense involving
domestic violence against a family or household member, the officer
may arrest the offending party whether or not the violation occurred
in the presence of the arresting officer.
(b)
When an officer declines to make an arrest pursuant to this section,
the officer shall make a written report of the incident completely
describing the offending party, giving the victim's name, time, address,
reason why no arrest was made and any other pertinent information.
(c)
Any law enforcement officer subsequently called to the same address
within a twelve-hour period, who shall find probable cause to believe
the same offender has again committed a violation of law amounting
to an offense involving domestic violence against a family or household
member against the same or any other family or household member, shall
arrest the offending party for this subsequent offense. The primary
report of nonarrest in the preceding twelve-hour period may be considered
as evidence of the defendant's intent in the violation for which arrest
occurred. The refusal of the victim to sign an official complaint
against the violator shall not prevent an arrest under this section.
(d)
When a law enforcement officer has probable cause to believe that
a party, against whom an order of protection has been entered and
who has notice of such order being entered, has committed an act of
abuse in violation of such order, the officer shall arrest the offending
party-respondent whether or not the violation occurred in the presence
of the arresting officer. Refusal of the victim to sign an official
complaint against the violator shall not prevent an arrest under this
section.
(e)
When an officer makes an arrest he or she is not required to arrest
two parties involved in an assault when both parties claim to have
been assaulted. The arresting officer shall attempt to identify and
shall arrest the party he or she believes is the primary physical
aggressor. The term "primary physical aggressor" is defined as the
most significant, rather than the first, aggressor. The law enforcement
officer shall consider any or all of the following in determining
the primary physical aggressor:
(f)
No law enforcement officer investigating an incident of domestic
violence shall threaten the arrest of all parties for the purpose
of discouraging requests of law enforcement intervention by any party.
Where complaints are received from two or more opposing parties, the
officer shall evaluate each complaint separately to determine whether
he or she should apply for issuance of charges. No law enforcement
officer shall base the decision to arrest or not to arrest on the
specific request or consent of the victim or the officer's perception
of the willingness of a victim or of a witness to the domestic or
family violence to testify or otherwise participate in a judicial
proceeding.
(g)
In an arrest in which a law enforcement officer acted in good faith
reliance on this section, the arresting and assisting law enforcement
officers and the City shall be immune from liability in any civil
action alleging false arrest, false imprisonment or malicious prosecution.
(h)
When a person against whom an order of protection has been entered
fails to surrender custody of a minor children to the person to whom
custody was awarded in an order of protection, the law enforcement
officer shall arrest the respondent, and shall turn the minor children
over to the care and custody of the party to whom such care and custody
was awarded.
(i)
The same procedures, including those designed to protect constitutional
rights, shall be applied to the respondent as those applied to any
individual detained in police custody.
(j)
Good faith attempts to effect a reconciliation of a marriage shall not be deemed tampering with a witness or victim tampering as defined in § 16-65 of the Code.
(k)
Nothing in this section shall be interpreted as creating a private
cause of action for damages to enforce the provisions set forth herein.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
A person commits the offense of domestic harassment if he/she,
without good cause, engages in any act with the purpose to cause emotional
distress to another domestic victim, as defined in RSMo. 565.002.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
A person commits the offense of domestic stalking if he or she purposely,
through his or her course of conduct, disturbs, or follows with the
intent to disturb another domestic victim, as defined in RSMo. 565.002.
(b)
This section shall not apply to activities of federal, state, county,
or municipal law enforcement officers conducting investigations of
any violation of federal, state, county, or municipal law.
(c)
Any law enforcement officer may arrest, without a warrant, any person
he or she has probable cause to believe has violated the provisions
of this section.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
A person commits the offense of domestic witness tampering if, with
a purpose to induce a witness who is a domestic victim, as defined
in RSMo. 565.002, or a prospective witness who is a domestic victim,
as defined in RSMo. 565.002, in an official proceeding to disobey
a subpoena or other legal process, or to absent himself or herself,
avoid subpoena or other legal process, or to withhold evidence, information
or documents, or to testify falsely, he/she:
(b)
A person commits the offense of domestic victim tampering if, with
a purpose to do so, he prevents or dissuades or attempts to prevent
or dissuade any domestic victim, as defined in RSMo. 565.002, who
has been a victim of any ordinance violation or a person who is acting
on behalf of any such victim from:
(1)
Making any report of such victimization to any peace officer,
or state, local or federal law enforcement officer or prosecuting
agency or to any judge;
(2)
Causing a complaint, indictment or information to be sought
and prosecuted or assisting in the prosecution thereof;
(3)
Arresting or causing or seeking the arrest of any person in
connection with such victimization.
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
Incident to an arrest for a crime involving domestic or family violence,
a law enforcement officer:
[Ord. No. 4744, § 1(Exh.
A), 4-25-2017]
(a)
Except as otherwise provided in subsection (b), below, a victim of domestic or family violence may refuse to disclose, and may prevent an advocate from disclosing, confidential oral communications between the victim and the advocate and written records and reports concerning the victim if the privilege is claimed by:
(b)
The privilege does not relieve a person from any duty imposed pursuant
to state laws regarding reporting child abuse or neglect. A person
may not claim the privilege when providing evidence in proceedings
concerning child abuse or neglect pursuant to state law.
(c)
As used in this section, advocate means an employee of or volunteer
for a program for victims of domestic or family violence who:
(1)
Has a primary function of rendering advice, counseling, or assistance
to victims of domestic or family violence; supervising the employees
or volunteers of the program; or administering the program;
(2)
Works under the direction of a supervisor of the program, supervises
employees or volunteers, or administers the program.
[Ord. No. 4744, § 1 (Exh.
A), 4-25-2017]
(a)
Before placing a perpetrator who is convicted of an offense involving
domestic on probation, the court shall consider the safety and protection
of the victim of domestic violence and any member of the victim's
family or household.
(b)
The court may condition the suspension of sentence or granting of
probation to a perpetrator on compliance with one or more orders of
the court, including but not limited to:
(1)
Enjoining the perpetrator from threatening to commit or committing
acts of domestic violence against the victim or other family or household
member.
(2)
Prohibiting the perpetrator from harassing, annoying, telephoning,
contacting, or otherwise communicating with the victim, directly or
indirectly.
(3)
Requiring the perpetrator to stay away from the residence, school,
place of employment, or a specified place frequented regularly by
the victim and any designated family or household member.
(4)
Prohibiting the perpetrator from possessing or consuming alcohol
or controlled substances.
(5)
Prohibiting the perpetrator from using or possessing a firearm
or other specified weapon.
(6)
Directing the perpetrator to surrender any weapons owned or
possessed by the perpetrator.
(7)
Directing the perpetrator to participate in and complete, to
the satisfaction of the court, a program of intervention for perpetrators,
treatment for alcohol or substance abuse, or psychiatric or psychological
treatment; and/or an evaluation for such intervention or treatment.
(8)
Directing the perpetrator to pay restitution to the victim.
(9)
Imposing any other condition necessary to protect the victim
of domestic or family violence and any other designated family or
household member or to rehabilitate the perpetrator.
(c)
The perpetrator shall be responsible for the costs related to fulfilling
any condition of probation, and such costs may be taxed as additional
court costs.
(d)
The court may establish policies and procedures for responding to reports of nonattendance or noncompliance by a perpetrator with the conditions of probation imposed pursuant to subsection (b), including requiring compliance reviews and any violations may serve as a basis for revoking probation.
