As used in this Article, the following terms mean:
Any place which at the time of the offense is not open to
the public. It includes property which is owned publicly or privately.
Any property in which the person does not have a possessory
interest.
Any place which at the time of the offense is open to the
public. It includes property which is owned publicly or privately.
[Ord. No. 2705, 8-11-2020]
A.
A person
commits the offense of peace disturbance if:
1.
He/she unreasonably and knowingly disturbs or alarms another person
or persons by:
a.
Making, creating or permitting any steady or intermittent loud, unusual,
disturbing or unnecessary noise(s), including, but not limited to,
the playing of any radio, music player such as a "boom box," tape
cassette, disc player, television, audio system or musical instrument
in violation of the following standard: any sound at a volume exceeding
seventy (70) decibels at any point on the lot line of the lot on which
the noise is generated, and closest to the point of annoyance, shall
be deemed a "loud, unusual, disturbing or unnecessary noise." Nothing
herein shall be construed to prohibit an otherwise lawful public concert
or public performance. For the purpose of prosecution, it shall be
presumed that the playing of any radio, music player such as a "boom
box," tape cassette, disc player, television, audio system or musical
instrument is disturbing to the peace of another person if played:
(i) at a volume exceeding seventy (70) decibels anywhere within a
multiple dwelling or structure (including, but not limited to, a duplex,
condominium, apartment or office) other than inside where the noise
is generated; or (ii) at a volume in a vehicle plainly audible to
persons more than fifty (50) feet away from the source of the noise.
Sound measurements shall be made with an accurate sound-level meter.
Exceptions may be made at such times as specifically permitted
by the City Manager, in writing, on a case-by-case basis taking into
consideration the nature, volume and duration of the proposed activity,
the times involved and likelihood of disturbing the peaceful enjoyment
of other properties.
This Subsection shall not apply to the following which are exempted
from noise level limits:
(1)
The operation of construction devices, with sound control devices
equivalent to or better than the original equipment, used in construction
activities as follows:
Between the hours of 7:00 a.m. and Sunset on weekdays (excluding
national holidays); or
Between the hours of 8:00 a.m. and Sunset on Saturdays, Sundays,
and national holidays.
(2)
The repair, maintenance or construction of public facilities
of the State, County or municipal governments, or such public or quasi-public
municipal corporations as may be established under the Constitution
or laws of the State of Missouri;
(3)
Emergency work to repair or maintain private utility facilities;
(4)
Emergency work to repair equipment or facilities damaged or
rendered inoperable as a direct result of unavoidable upset conditions,
providing such occurrence is reported to the Director of Public Works
within twenty-four (24) hours after the occurrence;
(5)
The operation of motor vehicles on a vehicular way with such
control devices equivalent to or better than the original equipment;
(6)
The necessary operation of emergency signal devices;
(7)
Electric distribution transformers;
(8)
The operation of lawn care maintenance equipment with sound
control devices equivalent or better than the original equipment from
7:00 a.m. until Sunset; or
(9)
Special events (such as Night Out) as approved by City Council
on a case-by-case basis; or
(10)
Snowblowing equipment.
b.
Offensive language addressed in a face-to-face manner to a specific
individual and uttered under circumstances which are likely to produce
an immediate violent response from a reasonable recipient;
c.
Threatening to commit a felonious act against any person under circumstances
which are likely to cause a reasonable person to fear that such threat
may be carried out;
d.
Fighting; or
e.
Creating a noxious and offensive odor.
A person commits the offense of unlawful assembly if he/she
knowingly assembles with six (6) or more other persons and agrees
with such persons to violate any of the criminal laws of this State
or of the United States with force or violence.
A person commits the offense of rioting if he/she knowingly
assembles with six (6) or more other persons and agrees with such
persons to violate any of the criminal laws of this State or of the
United States with force or violence and thereafter, while still so
assembled, does violate any of said laws with force or violence.
A person commits the offense of refusal to disperse if, being
present at the scene of an unlawful assembly or at the scene of a
riot, he/she knowingly fails or refuses to obey the lawful command
of a Law Enforcement Officer to depart from the scene of such unlawful
assembly or riot.
A.
PUBLIC PLACE
Definition. The following term shall be defined
as follows:
Any place to which the general public has access and a right
of resort for business, entertainment or other lawful purpose, but
does not necessarily mean a place devoted solely to the uses of the
public. It shall also include the front or immediate area of any store,
shop, restaurant, tavern or other place of business and also public
grounds, areas or parks.
B.
It shall be unlawful for any person to stand or remain idle either
alone or in consort with others in a public place in such manner so
as to:
1.
Obstruct any public street, public highway, public sidewalk
or any other public place or building by hindering or impeding or
tending to hinder or impede the free and uninterrupted passage of
vehicles, traffic or pedestrians;
2.
Commit in or upon any public street, public highway, public
sidewalk or any other public place or building any act or thing which
is an obstruction or interference to the free and uninterrupted use
of property or with any business lawfully conducted by anyone in or
upon or facing or fronting on any such public street, public highway,
public sidewalk, or any other public place or building, all of which
prevents the free and uninterrupted ingress, egress and regress, therein,
thereon and thereto;
3.
Obstruct the entrance to any business establishment, without
so doing for some lawful purpose, if contrary to the expressed wish
of the owner, lessee, managing agent or person in control or charge
of the building or premises.
C.
When any person causes or commits any of the conditions in this Section,
a Police Officer or any Law Enforcement Officer shall order that person
to stop causing or committing such conditions and to move on or disperse.
Any person who fails or refuses to obey such orders shall be guilty
of a violation of this Section.
A.
For purposes of this Section, "house of worship" means any church,
synagogue, mosque, other building or structure, or public or private
place used for religious worship, religious instruction, or other
religious purpose.
B.
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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[Ord. No. 2490 §1, 2-26-2013]
A.
No
person shall knowingly picket or engage in other protest activities,
nor shall any association or corporation knowingly cause picketing
or other protest activities to occur within three hundred (300) feet
of any residence, cemetery, funeral home, church, synagogue, or other
establishment or location during or within one (1) hour before or
one (1) hour after 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” services 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.
