City of Branson West, MO Article V Offenses Concerning Public Peace

Section 210.210 Peace Disturbance.

A. A person commits the offense of peace disturbance if:

1. He/she unreasonably and knowingly disturbs or alarms another person or persons by:

a. Loud noise; 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

d. Fighting; or

e. Creating a noxious and offensive odor.

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

a. Vehicular or pedestrian traffic; or

b. The free ingress or egress to or from a public or private place.

Section 210.220 Private Peace Disturbance.

A. A person commits the offense of private peace disturbance if he/she is on private property and unreasonably and purposely causes alarm to another person or persons on the same premises by:

1. Threatening to commit a crime or offense against any person; or

2. Fighting.

Section 210.230 Peace Disturbance Definitions.

For the purposes of Sections 210.210 and 210.220, the following words shall have the meanings set out herein:

PRIVATE PROPERTY

Any place which at the time is not open to the public. It includes property which is owned publicly or privately.

PROPERTY OF ANOTHER

Any property in which the actor does not have a possessory interest.

PUBLIC PLACE

Any place which at the time is open to the public. It includes property which is owned publicly or privately.

If a building or structure is divided into separately occupied units, such units are separate premises.

Section 210.235 Unlawful Assembly.

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.

Section 210.240 Rioting. [1]

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.

Section 210.245 Refusal To Disperse.

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.

Section 210.250 Disorderly Conduct.

[CC 1997 §8-27; Ord. No. 1233 §8-27, 6-13-2000]

A. A person is guilty of disorderly conduct if said person:

1. Resists or obstructs the performance of duties by City Police or any other authorized official of the City, when known to be such an official;

2. Addresses abusive language or threats to any member of the Police Department, any other authorized official of the City who is engaged in lawful performance of his/her duties, or any other person when such words have a tendency to cause acts of violence (words merely causing displeasure, annoyance or resentment are not prohibited;

3. Damages, befouls or disturbs public property or the property of another so as to create a hazardous, unhealthy, or physically offensive condition; and/or

4. Uses abusive or obscene language or makes an obscene gesture when such words or conduct have a tendency to cause acts of violence. Words merely causing displeasure, annoyance or resentment are not prohibited.