City of Hazelwood, MO Offenses Concerning Public Peace

Offensive language addressed in a face-to-face manner to a specific individual and uttered under the circumstances which are likely to produce an immediate violent response from a reasonable recipient;

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;

Fighting; assaulting or threatening to assault; or

Creating noxious and offensive odor.

It is in a public place or on private property of another and without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:

Vehicular or pedestrian traffic; or

Free ingress or egress to or from a public or private place.

Willfully interrupts, disrupts or disturbs any lawful meeting or assembly.

While on private property, unreasonably and purposely causes alarm to another person or persons on the same premises by threatening to commit an offense against any person or by fighting. For purposes of this Subsection, if a building or structure is divided into separately occupied units, such units are separate premises.

No person shall permit any conduct contained in the above Subparagraphs (A)(1), (2), and (4) in or upon any house or premises occupied and possessed by him or her, so that others in the vicinity are likely to be disturbed thereby.

For purposes of this Section, an offense committed by means of writing, telephonic communication or electronic communication shall be deemed to have occurred at the place from which the communication was made or sent and at the place where the communication was first heard or read by the recipient.

Section 215.120 Assault.

[Ord. No. 4523-16 §1, 12-21-2016]

A person commits the offense of assault if:

The person attempts to cause or recklessly causes physical injury, physical pain, or illness to another person;

With criminal negligence the person causes physical injury to another person by means of a deadly weapon or dangerous instrument;

The person purposely places another person in apprehension of immediate physical injury;

The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person;

The person knowingly causes or attempts to cause physical contact with another person knowing the other person will regard the contact as offensive or provocative;

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

The person knowingly attempts to cause or causes the isolation of a person with a disability by unreasonably and substantially restricting or limiting his or her access to other persons, telecommunication devices or transportation for the purpose of isolation.

For purposes of this Section, "criminal negligence" shall mean the failure to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.

Section 215.125 Assault of a Law Enforcement Officer, Corrections Officer, Emergency Personnel, Highway Worker, Utility Worker, Cable Worker or Probation and Parole Officer, Police Animal.

[Ord. No. 4523-16 §1, 12-21-2016]

A person commits the offense of assault of a Law Enforcement Officer, Corrections Officer, Emergency Personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or Probation and Parole Officer if:

Such person recklessly causes physical injury to a Law Enforcement Officer, Corrections Officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or Probation and Parole Officer;

Such person purposely places a Law Enforcement Officer, Corrections Officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or Probation and Parole Officer in apprehension of immediate physical injury; or

Such person knowingly causes or attempts to cause physical contact with a Law Enforcement Officer, Corrections Officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or Probation and Parole Officer without the consent of the Law Enforcement Officer, Corrections Officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or Probation and Parole Officer.

As used in this Section, "emergency personnel" means any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician as defined in Subdivisions (15), (16), (17) and (18) of Section 190.100, RSMo.

As used in this Section, the term "Corrections Officer" includes any jailor or Corrections Officer of the State or any political subdivision of the State.

As used in this Section, the term "highway worker," "construction zone" or "work zone" shall have the same meaning as such terms are defined in Section 304.580, RSMo.

As used in this Section, the term "utility worker" means any employee while in the performance of their job duties, including any person employed under contract, of a utility that provides gas, heat, electricity, water, steam, telecommunications services, or sewer services, whether privately, municipally, or cooperatively owned.

As used in this Section, the term "cable worker" means any employee including any person employed under contract, of a cable operator, as such term is defined in Section 67.2677, RSMo.

A person commits the offense of assault on a police animal if he or she knowingly kills or disables, knowingly attempts to kill or disable, or knowingly causes or attempts to cause serious physical injury, to a police animal when that animal is involved in law enforcement investigation, apprehension, tracking, or search, or the animal is in the custody or under the control of a law enforcement officer or fire or rescue personnel.

Section 215.126 Disturbance of Funeral and Burial Services.

[Ord. No. 4523-16 §1, 12-21-2016]

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.

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.

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 (300) foot zone that is established under Subsection (A) above.

Section 215.127 Unlawful Assembly.

[Ord. No. 4523-16 §1, 12-21-2016]

A person commits the offense of unlawful assembly if he or 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.

Section 215.128 Allowing Unruly Conduct.

[Ord. No. 4523-16 §1, 12-21-2016]

It shall be unlawful for any person who owns, maintains, leases or is otherwise in possession or control of any real property to permit or allow persons thereon to conduct themselves in a loud or unruly manner so as to cause hurt, injury, annoyance, inconvenience or danger to the public or any member thereof, and it shall be the duty of any such person in possession or control to take such steps as are available to disperse such loud or unruly persons.

Section 215.129 Rioting.

[Ord. No. 4523-16 §1, 12-21-2016]

A person commits the offense of rioting if he or 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.

Section 215.130 Definitions. [1]

[Ord. No. 3511-04 §1, 3-3-2004]

As used in this Article, the following terms shall have the meanings indicated herein:

ANTIQUE, CURIO OR RELIC FIREARM

Any firearm so defined by the National Gun Control Act, 18 U.S.C. Title 26, Section 5845, and the United States Treasury/Bureau of Alcohol, Tobacco and Firearms, 27 CFR Section 178.11:

Antique firearm is any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, said ammunition not being manufactured any longer; this includes any matchlock, wheel lock, flintlock, percussion cap or similar type ignition system or replica thereof;

Curio or relic firearm is any firearm deriving value as a collectible weapon due to its unique design, ignition system, operation or at least fifty (50) years old, associated with a historical event, renown personage or major war.

BLACKJACK

Any instrument that is designed or adapted for the purpose of stunning or inflicting physical injury by striking a person, and which is readily capable of lethal use.

BLASTING AGENT

Any material or mixture, consisting of fuel and oxidizer that is intended for blasting, but not otherwise defined as an explosive under this Section, provided that the finished product, as mixed for use of shipment, cannot be detonated by means of a numbered 8 test blasting cap when unconfined.

[Ord. No. 4523-16 §1, 12-21-2016]

CONCEALABLE FIREARM

Any firearm with a barrel less than sixteen (16) inches in length, measured from the face of the bolt or standing breech.

DEFACE

To alter or destroy the manufacturer's or importer's serial number or any other distinguishing number or identification mark.

DETONATOR

Any device containing a detonating charge that is used for initiating detonation in an explosive, including but not limited to, electric blasting caps of instantaneous and delay types, non-electric blasting caps for use with safety fuse or shock tube and detonating cord delay connectors.

[Ord. No. 4523-16 §1, 12-21-2016]

EXPLOSIVE WEAPON

Any explosive, incendiary or poison gas bomb or similar device designed or adapted for the purpose of inflicting death, serious physical injury or substantial property damage; or any device designed or adapted for delivering or shooting such a weapon.

FIREARM

Any weapon that is designed or adapted to expel a projectile by the action of an explosive.

FIREARM SILENCER

Any instrument, attachment or appliance that is designed or adapted to muffle the noise made by the firing of any firearm.

GAS GUN

Any gas ejection device, weapon, cartridge, container or contrivance other than a gas bomb that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellant or temporary incapacitating substance.

INTOXICATED

Substantially impaired mental or physical capacity resulting from introduction of any substance into the body.

KNIFE

Any dagger, dirk, stiletto or bladed hand instrument that is readily capable of inflicting serious physical injury or death by cutting or stabbing a person. For purposes of this Chapter, "knife" does not include any ordinary pocketknife with no blade more than four (4) inches in length.

KNUCKLES

Any instrument that consists of finger rings or guards made of a hard substance that is designed or adapted for the purpose of inflicting serious physical injury or death by striking a person with a fist enclosed in the knuckles.

MACHINE GUN

Any firearm that is capable of firing more than one (1) shot automatically, without manual reloading, by a single function of the trigger.

PROJECTILE WEAPON

Any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.

RIFLE

Any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger.

SHORT BARREL

A barrel length of less than sixteen (16) inches for a rifle and eighteen (18) inches for a shotgun, both measured from the face of the bolt or standing breech, or an overall rifle or shotgun length of less than twenty-six (26) inches.

SHOTGUN

Any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire a number of shot or a single projectile through a smooth bore barrel by a single function of the trigger.

SPRING GUN

Any fused, timed or non-manually controlled trap or device designed or adapted to set off an explosion for the purpose of inflicting serious physical injury or death.

STUN GUN OR TASER

Any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning, or any device which is powered by electrical charging units, such as batteries, and which fires one (1) or several barbs attached to a length of wire, and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning.

SWITCHBLADE KNIFE

Any knife which has a blade that folds or closes into the handle or sheath, and

That opens automatically by pressure applied to a button or other device located on the handle; or

That opens or releases from the handle or sheath by the force of gravity or by the application of centrifugal force.

[1]

Editor's Note—Ord. no. 3511-04 §1, adopted March 3, 2004, repealed section 215.130, "unlawful use of weapons" and enacted new provisions set out in sections 215.130—215.136. Former section 215.130 derived from CC 1997 §22.7; ord. no. 1997-87, 9-16-87; ord. no. 2717-96, 1-17-1996.

Section 215.131 Weapons — Carrying Concealed — Other Unlawful Use.

[Ord. No. 3511-04 §1, 3-3-2004; Ord. No. 4523-16 §1, 12-21-2016[1]]

A person commits the offense of unlawful use of weapons if he or she knowingly:

Carries concealed upon or about his or her person a knife, a firearm, a blackjack, bow and arrow (steel-tipped), stun gun, taser or any other weapon readily capable of lethal use; or

Sets a spring gun; or

Discharges or shoots a firearm within the City limits; or

Exhibits, in the presence of one (1) or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

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

Openly carries a firearm or any other weapon readily capable of lethal use, except as provided by Subsection (G) of this Section; or

Carries a firearm, or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the Federal Government, State Government, or political subdivision thereof; or

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

Possesses a firearm while also knowingly in possession of a controlled substance that is sufficient for a felony violation of Section 579.015, RSMo.

Subsections (1), (7) and (8) of Subsection (A) of this Section shall not apply to the persons described in this Subsection, regardless of whether such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties except as otherwise provided in this Subsection. Subdivisions (3) and (4) of Subsection (A) of this Section shall not apply to or affect any of the following persons when such uses are reasonably associated with or necessary to the fulfillment of such person's official duties, except as otherwise provided in this Subsection:

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, RSMo., 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 of the law enforcement agency's jurisdiction, 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;

Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;

Members of the Armed Forces or National Guard while performing their official duty;

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;

Any person whose bona fide duty is to execute process, civil or criminal;

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;

Any State Probation or Parole Officer, including supervisors and members of the Board of Probation and Parole;

Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the Board of Police Commissioners under Section 84.340, RSMo.;

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 endorsement issued prior to August 28, 2013, or a valid concealed carry permit under Section 571.111, RSMo., when such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties; and

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 endorsement, when such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties.

Subsections (1), (5), (7) and (8) of Subsection (A) of this Section do not apply when the actor is transporting such weapons in a non-functioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subsection (1) of Subsection (A) of this Section does not apply to any person nineteen (19) years of age or older or older or eighteen (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 (10) of Subsection (A) 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.

Subsections (1), (7) and (8) of Subsection (A) of this Section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to Sections 571.101 to 571.121, RSMo., or a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State.

Subsections (3), (4), (5), (6), (7), and (8) of Subsection (A) of this Section shall not apply to persons who are engaged in a lawful act of defense pursuant to Section 563.031, RSMo.

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.

Any person who has a valid concealed carry permit issued pursuant to Sections 571.101 to 571.121, RSMo., or a concealed carry endorsement issued prior to August 28, 2013, or a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State, may openly carry a firearm, subject to the restrictions set forth in Subsection (A)(4), (5), and (9) of Section 215.131 of this Code. However, nothing in this Section shall be construed to permit a person to carry a concealed firearm or openly carry a firearm in the locations listed in Subdivisions (1) through (17) of Subsection (A) of Section 215.136 of this Code. Any person openly carrying a firearm within the City limits shall display his or her concealed carry endorsement or permit upon demand of a law enforcement officer. Any person openly carrying a firearm who fails to display his or her concealed carry endorsement or permit upon demand of a law enforcement officer may be issued a citation for an amount not to exceed thirty-five dollars ($35.00).

Any person knowingly aiding or abetting any other person in the violation of Subsection (9) of Subsection (A) of this Section shall be subject to the same penalty as that prescribed by this Section for violations by other persons.

[1]

Editor’s Note: Ord. No. 4523-16 also changed the title of this Section from "Unlawful Use of Weapons – Exceptions" to "Weapons – Carrying Concealed – Other Unlawful Use."

Section 215.132 Possession, Manufacture, Transport, Repair, Sale of Certain Weapons.

[Ord. No. 3511-04 §1, 3-3-2004; Ord. No. 4523-16 §1, 12-21-2016]

A person commits an offense if such person knowingly possesses, manufactures, transports, repairs, or sells:

An explosive weapon;

An explosive, incendiary or poison substance or material with the purpose to possess, manufacture or sell an explosive weapon;

A gas gun;

A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm;

Knuckles; or

Any of the following in violation of Federal law:

A machine gun;

A short barreled rifle or shotgun;

A firearm silencer; or

A switchblade knife.

A person does not commit an offense under this Section if his/her conduct involved any of the items in Subdivisions (1) to (5) of Subsection (A), the item was possessed in conformity with Federal law, and the conduct:

Was incident to the performance of official duty by the Armed Forces, National Guard, a governmental law enforcement agency or a penal institution;

Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in Paragraph (1) of this Subsection;

Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise;

Was incident to displaying the weapon in a public museum or exhibition; or

Was incident to using with the weapon in a manner reasonably related to a lawful dramatic performance.

Section 215.133 Defacing Firearm — Possession of A Defaced Firearm.

[Ord. No. 3511-04 §1, 3-3-2004]

It shall be unlawful for any person to knowingly deface a firearm.

It shall be unlawful for any person to knowingly be in possession of a firearm which has been defaced.

Section 215.134 Unlawful Transfer of Weapons.

[Ord. No. 3511-04 §1, 3-3-2004]

A person commits the offense of unlawful transfer of weapons if he/she:

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;

Knowingly sells, leases, loans, gives away or delivers a blackjack to a person less than eighteen (18) years old without the consent of the child's custodial parent or guardian or recklessly, as defined in Section 562.016, RSMo., sells, leases, loans, gives away or delivers any firearm to a person less than eighteen (18) years old without the consent of the child's custodial parent or guardian; provided that this does not prohibit the delivery of such weapons to any Peace Officer or member of the Armed Forces or National Guard while performing his/her official duty; or

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.

Section 215.135 Possession of Firearm Unlawful For Certain Persons.

[Ord. No. 3511-04 §1, 3-3-2004; Ord. No. 4523-16 §1, 12-21-2016[1]]

A person commits the offense of unlawful possession of a firearm if he/she has any firearm in his/her possession, and:

Such person has been convicted of a felony under the laws of this State, or of a crime under the laws of any State or of the United States which, if committed within this State, would be a felony; or

He/she is a fugitive from justice, is habitually in an intoxicated or drugged condition, or is currently adjudged mentally incompetent.

[1]

Editor’s Note: Ord. No. 4523-16 also changed the title of this Section from "Possession of Concealable Firearm Unlawful For Certain Persons" to "Possession of Firearm Unlawful For Certain Persons."

Section 215.136 Carrying Concealed Firearms Prohibited — Penalty For Violation.

[Ord. No. 3511-04 §1, 3-3-2004; Ord. No. 4176-11 §1, 9-7-2011; Ord. No. 4523-16 §1, 12-21-2016]

It shall be a violation of this Section, punishable as hereinafter provided, for any person to carry any concealed firearm into:

Any Police, Sheriff or Highway Patrol office or station without the consent of the Chief Law Enforcement Officer in charge of that office or station. Possession of a firearm in a vehicle on the premises of the office or station shall not be a violation so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

Within twenty-five (25) feet of any polling place on any election day. Possession of a firearm in a vehicle on the premises of the polling place shall not be a violation so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

The facility of any adult or juvenile detention or correctional institution, prison or jail. Possession of a firearm in a vehicle on the premises of any adult, juvenile detention or correctional institution, prison or jail shall not be a violation so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

Any courthouse, courtrooms, administrative offices, libraries or other rooms of any court whether or not such court solely occupies the building in question. This subdivision shall also include, but not be limited to, any juvenile, family, drug or other court offices, any room or office wherein any of the courts or offices listed in this Subdivision are temporarily conducting any business within the jurisdiction of such courts or offices, and such other locations in such manner as may be specified by court rule pursuant to State law. Nothing in this Subdivision shall preclude those persons listed in Subdivision (1) of Subsection 2 of Section 571.030, RSMo., while within their jurisdiction and on duty, those persons listed in Subdivisions (2) and (4) of Subsection 2 of Section 571.030, RSMo., or such other persons who serve in a law enforcement capacity for a court as may be specified by court rule pursuant to State law from carrying a concealed firearm within any of the areas described in this Subdivision. Possession of a firearm in a vehicle on the premises of any of the areas listed in this Subdivision shall not be a violation so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

Any meeting of the Hazelwood City Council. Possession of a firearm in a vehicle on the premises shall not be a violation so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

Any building owned, leased or controlled by the City of Hazelwood identified by signs posted at the entrance to the building. This Subdivision shall not apply to any building used for public housing by private persons, highways or rest areas, firing ranges and private dwellings owned, leased or controlled by the City of Hazelwood. Persons violating this Subdivision may be denied entrance to the building, ordered to leave the building and, if employees of the City, be subjected to disciplinary measures for violation;

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 Subdivision shall not apply to the licensee of said establishment. The provisions of this Subdivision shall not apply to any bona fide restaurant open to the general public having dining facilities for not less than fifty (50) persons and that receives at least fifty-one percent (51%) of its gross annual income from the dining facilities by the sale of food. This Subdivision does not prohibit the possession of a firearm in a vehicle on the premises of the establishment and shall not be a violation so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. Nothing in this Subdivision authorizes any individual who has been issued a concealed carry endorsement to possess any firearm while intoxicated;

Any area of an airport to which access is controlled by the inspection of persons and property. Possession of a firearm in a vehicle on the premises of the airport shall not be a violation so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

Any place where the carrying of a firearm is prohibited by Federal law;

10.

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, unless the person with the concealed carry endorsement or permit is a teacher or administrator of an elementary or secondary school who has been designated by his or her school district as a school protection officer and is carrying a firearm in a school within that district, in which case no further consent is required. Possession of a firearm in a vehicle on the premises of any higher education institution or elementary or secondary school facility shall not be a violation so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

11.

Any portion of a building used as a child care facility without the consent of the manager. Nothing in this Subdivision shall prevent the operator of a child care facility in a family home from owning or possessing a firearm or a driver's license or non-driver's license containing a concealed carry endorsement;

12.

Any riverboat gambling operation accessible by the public without the consent of the owner or manager pursuant to rules promulgated by the Gaming Commission. Possession of a firearm in a vehicle on the premises of a riverboat gambling operation 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 gated area of an amusement park. Possession of a firearm in a vehicle on the premises of the amusement park shall not be a violation so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. An employer may prohibit employees or other persons holding a concealed carry endorsement from carrying a concealed firearm in vehicles owned by the employer;

14.

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 an offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

15.

Any private property whose owner has posted the premises as being off-limits to firearms by means of one (1) or more signs displayed in a conspicuous place of a minimum size of eleven (11) inches by fourteen (14) inches with the writing thereon in letters of not less than one (1) inch. The owner, business or commercial lessee, manager of a private business enterprise, or any other organization, entity or person may prohibit persons holding a concealed carry permit or endorsement from carrying firearms on the premises and may prohibit employees, not authorized by the employer, holding a concealed carry permit or endorsement from carrying firearms on the property of the employer. If the building or the premises is open to the public, the employer of the business enterprise shall post signs on or about the premises if carrying a firearm is prohibited. Possession of a firearm in a vehicle on the premises shall not be an offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. An employer may prohibit employees or other persons holding a concealed carry permit or endorsement from carrying a firearm in vehicles owned by the employer;

16.

Any sports arena or stadium with a seating capacity of five thousand (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;

17.

Any hospital accessible by the public. Possession of a firearm in a vehicle on the premises of a hospital shall not be a violation so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

Any person violating any of the provisions of this Section shall be punished as follows:

Carrying of a concealed firearm in a location specified in Subdivisions (1) to (17) of Subsection (A) of this Section by any individual who holds a Missouri lifetime or extended concealed carry permit may cause the person to be denied entry into the premises or removal from the premises. If such person refuses to leave the premises and a Peace Officer is summoned, such person may be issued a citation for an amount not to exceed one hundred dollars ($100.00) for the first offense. If a second citation for a similar violation occurs within a six-month period, such person shall be fined an amount not to exceed two hundred dollars ($200.00). If a third citation for a similar violation is issued within one (1) year of the first citation, such person shall be fined an amount not to exceed five hundred dollars ($500.00).

If the violator does not hold a current valid concealed carry endorsement issued pursuant to State law, upon conviction of a charge of violating this Section the defendant shall be punished as provided in Section 100.130 of this Code of Ordinances.

Employees of the City may, in addition to any other punishment hereby, be subject to disciplinary action.

It shall be a violation of this Section, punishable by a citation for an amount not to exceed thirty-five dollars ($35.00), for any person issued a concealed carry endorsement, pursuant to State law, to fail to carry the concealed carry endorsement at all times the person is carrying a concealed firearm or to fail to display the concealed carry endorsement upon the request of any Peace Officer.

Nothing in this Section shall preclude those persons listed in Subsection (B)(1) of Section 215.131, while within their jurisdiction and on duty, from carrying a firearm within the areas described in this Section when reasonably associated with or necessary to the fulfillment of such person's official duties.

Section 215.140 Unlawful Use of Weapons — Permit Authorizing Discharge.

[CC 1997 §22.8; Ord. No. 953-73, 11-15-1972]

A special permit allowing the discharge of firearms within the City may be issued by the City Manager to any person upon application therefor. Such application shall be in writing and shall contain the name of the applicant, the reason for which firearms are to be discharged and the term for which the permit is to be in effect; provided, that in no event shall a special permit be issued or granted until it has been determined by the City Manager that no danger to the safety, welfare or property of the inhabitants of the City will result from the issuance or grant thereof.

Any special permit issued under the provisions of this Section shall remain in effect for the term appearing thereon; provided, that upon petition of five (5) or more persons adjacent to an area in which firearms are being discharged, the City Manager may, upon good cause shown that such discharge endangers the safety, welfare or property of the petitioners, revoke any special permit theretofore issued.

Section 215.145 Unlawful Use of Weapons — Hunting Regulations.

[Ord. No. 3881-07 §1, 8-21-2007]

Definitions. As used in this Section the following terms shall have these prescribed meanings:

ARCHERY DEVICE

Any longbow, recurve or compound bow.

CROSSBOW

A device for discharging quarrels, bolts or arrows, formed of a bow set crosswise on a stock, usually drawn by means of a mechanism and discharged by the release of a trigger.

FIREARM

Any rifle, shotgun, handgun, weapon or similar mechanism by whatever name known, which is designed to expel a projectile or projectiles through a gunbarrel, tube, pipe, cylinder or similar device by the action of any explosive. The term "firearm" shall not apply to devices used exclusively for commercial, industrial or vocational purposes.

MUZZLELOADER

A firearm that is loaded from the front end and capable of firing a single short range discharge each time it is loaded.

PROJECTILE WEAPON

UNDER THE INFLUENCE

Shall be defined by the State regulation applied to motor vehicle operation.

Permission To Hunt.

General.

Prior to any firearm or muzzleloader hunting activity under this Section, the property owner shall notify the Hazelwood Police Department of his or her intent to hunt or to allow hunting on his or her property.

It shall be unlawful for any person carrying a firearm, muzzleloader or any archery device of any type, to knowingly enter into the premises of another or to discharge any of the aforestated devices while on the premises or property of another without first having obtained permission in writing from owner, lessee or person in charge of such premises or property. The Section shall not apply to a person carrying, firing or discharging such devices while in the immediate presence of the owner, lessee or person in charge of said premises or property. The duly obtained written permission shall be carried on the person of the hunter requesting and receiving such permission.

It shall be at the discretion of the owner, lessee or person in charge of any premises or property to limit the type of firearm or archery device which may be used for the purpose of hunting or discharge for any reason. The type of firearm or archery device permitted by the owner, lessee or person in charge shall be stated in writing along with the permission to enter any such premises or property. Failure to comply with the written request of the property owner, lessee or person in charge as regards the firearm or archery device shall be considered a violation of this Section.

It shall be at the discretion of the owner, lessee or person in charge of any premises or property to set the parameters under which any person may hunt upon any such premises or property under the control of the owner, lessee or person in charge.

No person without lawful authority or without the expressed or implied consent of the owner or his/her agent shall enter any building or enter upon any enclosed or improved real estate, lot or parcel of ground in the City of Hazelwood; or being upon the property of another, shall fail or refuse to leave such property when requested to do so by owner, lessee or person in charge of said property.

Specific actions prohibited.

All current laws of the State of Missouri as regards to the regulation of hunting shall be obeyed within the corporate limits of Hazelwood.

It shall be unlawful for any person to fire or discharge any firearm, crossbow, muzzleloader or any archery device from across any street, sidewalk, road, highway or in any park, playground or recreational area.

It shall be unlawful for any person to fire or discharge any firearm, crossbow, muzzleloader expelling a single solid projectile from any boat or other water vessel or across or into the Missouri River or any navigable rivers or any reservoir or lake.

It shall be unlawful for any person to knowingly fire or discharge any firearm, crossbow, muzzleloader or any archery projectile, at or in the direction of any person, vehicle, dwelling, house, church, school, playground, recreational area or building.

It shall be unlawful for any person to fire or discharge any firearm, crossbow, muzzleloader or any archery device in such a manner as to injure, wound or damage any other person or property, real or personal, of another or in such direction that any projectile or projectiles expelled therefrom strikes, hits, enters or goes through any vehicle, dwelling, house, church, school, playground, recreational area or building.

It shall be unlawful for any person to fire or discharge any firearm within four hundred fifty (450) feet of any dwelling, house, apartment building, church, school, playground, recreation area or any building not owned by that person, unless such person possesses with him the written permission of the owner.

It shall be unlawful for any person to fire or discharge at any time any firearm or muzzleloader on any parcel of land containing less than three (3) acres.

Additional Hunting Of Smaller Game. It shall be unlawful to use any firearm, other than non-crossbow archery devices or shotguns, to take small game such as rabbits, squirrels, waterfowl, upland game birds.

License May Be Inspected. It is the duty of every person holding a hunting license and permit to submit the same for inspection by any agent of the Missouri Department of Conservation, Department of Natural Resources, St. Louis County Parks Department or by any Sheriff, Marshal, Municipal Police Officer or Constable or any Deputy thereof.

Special Hunts. Any special hunts permitted by the Missouri Department of Conservation, Department of Natural Resources or St. Louis County Parks Department shall be permitted under this Section.

Competitive Shooting Matches. The City Manager may issue a special permit allowing the discharge of firearms for competitive shooting matches to any person or organization upon application therefore. Such application shall be in writing and shall contain the name of the applicant, the reason for which firearms are to be discharged and the term for which the permit is to be in effect; provided, that in no event shall a special permit be issued or granted until it has been determined by the City Manager that no danger to the safety, welfare or property of the inhabitants of the City will result from the issuance or grant thereof.

Discharge Of Bows And Arrows Allowed Under Certain Conditions—Target Practice.

It shall be unlawful for any person within the limits of the City to shoot or discharge any bow and arrow unless that person abides by and complies with the following rules and regulations:

It shall be unlawful for any person in the City limits to shoot or discharge a bow and arrow in a manner that causes the arrow to land on any property other than the property on which the arrow is shot or discharged.

It shall be unlawful to use and/or discharge any type of bow and arrow on public property within the City limits.

The use of a longbow or recurve bow and the discharge of target arrows are permitted within the City limits for target shooting. Any person who participates in target shooting pursuant to this Subsection shall abide by and comply with the following rules and regulations:

It shall be unlawful for any person fifteen (15) years of age or younger to participate in target shooting pursuant to this Subsection unless under the supervision of a parent or legal guardian.

It shall be unlawful for any person who participates in target shooting pursuant to this Subsection to use a compound bow and/or shoot or discharge a broadhead or hunting arrow.

It shall be unlawful for any person who participates in target shooting pursuant to this Subsection to shoot or discharge an arrow unless the person shooting or discharging the arrow is located not closer than one hundred (100) yards from any dwelling unless they are the owners of the dwelling or have permission from any owners within the one hundred (100) yards.

Penalties. Any person violating any provision of this Section shall upon conviction be punished by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), or by imprisonment for not more than ninety (90) days or both, for each offense.

Section 215.147 Dangerous Projectiles.

[Ord. No. 4523-16 §1, 12-21-2016]

Because such conduct is dangerous to the inhabitants of the City due to the population of the City, no person shall throw, release, discharge or in any way propel any dangerous projectiles as defined herein upon or at any property, at any person or group of persons or at any type of animal(s).

For the purpose of this Section, dangerous projectiles are identified, but not limited to projectiles shot out of:

Pellet rifles.

BB guns.

Slingshot or wrist rockets.

Bow and arrows or crossbows.

Blow guns.

Any manufactured or homemade gas or vapor ignited gun (i.e., paint gun, tube gun, potato gun, foil gun, etc.) or other pneumatic gun.

Provided however, the foregoing provisions do not prohibit the use of pneumatic guns at approved shooting ranges.

Section 215.148 Refusal To Disperse.

[Ord. No. 4523-16 §1, 12-21-2016]

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.

Section 215.150 Noises Prohibited Generally.

[CC 1997 §22.35; Ord. No. 1651-83, 8-17-1983; Ord. No. 2195-89, 8-16-1989; Ord. No. 2719-96, 1-17-1996]

The creation of any unreasonably loud, disturbing, raucous or unnecessary noise in the City is hereby prohibited.

The following acts, among others, are declared to be loud, disturbing, raucous and unnecessary noises in violation of the preceding paragraph, but this enumeration shall not be deemed to be exclusive:

The sounding of any horn or signal device on a streetcar, motorbus, motorcycle, automobile or other vehicle while not in motion on a public street or highway, except as a danger signal if another is approaching apparently out of control; or if in motion, the excessive or prolonged sounding except only as a danger signal, after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound, and the sounding of such device for an unnecessary or unreasonable period of time.

The playing of any radio, music player such as a boom box, tape cassette, disc player, television, audio system or musical instrument, or the keeping of any animal, bird or fowl, which causes frequent or long-continued noise, in a manner or at a volume which is plainly audible to persons fifty (50) feet or more away from the source of the noise. Nothing herein shall be construed to prohibit an otherwise lawful public concert or public performance.

The creation of any excessive or unnecessary noise within one hundred fifty (150) feet of any portion of the grounds and premises on which is located a hospital or other institution reserved for the sick, or any church or any school or other institution of learning while the same is in session, which unreasonably interferes with the proper functioning of any such place above-mentioned; provided, that conspicuous signs are placed in the public highways indicating the zones within which such noises are prohibited. The Director of Public Works is hereby authorized and directed to cause to be placed as many signs as he may deem necessary to properly indicate such quiet zones and to call attention to the prohibition of excessive or unnecessary noises within such zones.

The use of any drum, loudspeaker or other instrument or device, unless a permit be obtained therefor from the City Manager, which permit shall specify the place where such device is to be used and the hours thereof; or the unnecessary calling with the voice for the purpose of attracting attention by the creation of noise or for advertising purposes between the hours of 9:30 P.M. and 8:00 A.M.

The use of any loud mechanical equipment, or the creation of any unreasonably loud disturbing noise, or any construction, repair or similar activity, between the hours of 9:00 P.M. and 7:00 A.M., which annoys and disturbs the residential quiet, comfort or repose of persons in any building.

No mechanical equipment shall be utilized to cut grass or other plants between 9:00 P.M. and 8:30 A.M. on any Saturday, Sunday or legal holiday.

Section 215.155 Public Drunkenness.

[Ord. No. 4523-16 §1, 12-21-2016]

A person commits the offense of drunkenness or drinking in a prohibited place if he or she enters any schoolhouse, government building or church house in which there is an assemblage of people, met for a lawful purpose, in an intoxicated and disorderly condition, and disrupts such assembly.