[1]
State Law Reference—Offenses against public order, ch.
574, RSMo.
[R.O. 2005 §18-69; CC 1997 §18-69; Ord. No. 2391 §1, 7-19-2000; Ord.
No. 2940 §1, 5-6-2009]
A.
A person
commits the crime 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.
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 during daytime hours;
(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 or 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., prevailing local time to sunset; or
(9)
Special events (carnivals, turkey shoots, etc.) as approved
by City Council on a case-by-case basis.
b.
Offensive and indecent language which is likely to produce an immediate
violent response from a reasonable recipient; or
c.
Threatening to commit a crime against any person; or
d.
Fighting; or
e.
Creating a noxious and offensive odor.
[1]
State Law Reference—Similar provisions, §574.010,
RSMo.
[R.O. 2005 §18-9; CC 1997 §18-9]
For the purposes of Sections 210.190—210.200, the following terms shall have the meaning ascribed thereto:
Any place which at the time is not open to the public. It
includes property which is owned publicly or privately.
Any property in which the actor does not have a possessory
interest.
Any place which at the time is open to the public. It includes
property which is owned publicly or privately.
That if a building or structure is divided into separately
occupied units, such units are separate premises.
[1]
State Law Reference—Similar provisions, §574.030,
RSMo.
[Ord. No. 3092 §1, 11-5-2012]
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, association, or corporation shall picket or engage in other
protest activities within three hundred (300) feet of any residence,
cemetery, funeral home, church, synagogue, or other establishment
during or within one (1) hour before or one (1) 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 (300) foot zone that is established under Subsection (A) above.
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.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
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.
[R.O. 2005 §18-66; CC 1997 §18-66]
A.
LOITERING
PUBLIC PLACE
In
this Section, the following words and phrases shall have the meanings
respectively ascribed to them:
Remaining idle in essentially one (1) location and shall
include the concept of spending time idly; to be dilatory; to linger;
to stay; to saunter; to delay; to stand around and shall also include
the colloquial expression "hanging around".
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 loiter, loaf, wander, 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.
[R.O. 2005 §18-74; CC 1997 §18-74]
No person shall within the City throw any stone, snowball or
any other missile upon or at any vehicle, building, other public or
private property or upon or at any person in any public street, alley
or place.
