City of Union, MO Article V Offenses Against Public Peace

Section 215.290 Peace Disturbance — Generally.

[R.O. 2012 §215.290]

A. A person commits the offense of peace disturbance if he/she:

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

a. Loud noise;

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.

2. Is in a public place or on private property of another without consent and purposely causes inconvenience to another person 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 215.300 Peace Disturbance — Private Peace Disturbance.

[R.O. 2012 §215.300; CC 1992 §13-61; Ord. No. 1633, 4-11-1983]

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 on the same premises by:

1. Threatening to commit an offense against any person; or

2. Fighting.

Section 215.310 Peace Disturbance — Definitions. [1]

[R.O. 2012 §215.310; CC 1992 §13-62; Ord. No. 1633, 4-11-1983]

For purposes of Sections 215.290 and 215.300, the following terms shall have the meanings designated in this Section:

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.

SEPARATE PREMISES

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

[1] Cross Reference — As to general definitions and rules of construction, §100.020.

Section 215.320 Unlawful Assembly.

[R.O. 2012 §215.320; CC 1992 §13-63; Ord. No. 1633, 4-11-1983]

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 the City, the State or the United States with force or violence.

Section 215.330 Rioting.

[R.O. 2012 §215.330; CC 1992 §13-64; Ord. No. 1633, 4-11-1983]

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 the City, the State or the United States with force or violence, and thereafter, while still so assembled, does violate any of such laws with force or violence.

Section 215.340 Refusal to Disperse.

[R.O. 2012 §215.340; CC 1992 §13-65; Ord. No. 1633, 4-11-1983]

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 215.350 Discharging Fireworks. [1]

[R.O. 2012 §215.350; CC 1992 §13-67; Ord. No. 1633, 4-11-1983; Ord. No. 3647 §1, 6-13-2011; Ord. No. 4618, 8-14-2023]

A. A person commits the offense of discharging fireworks, as defined in Section 320.106, RSMo., if he/she shall set off, use, burn, explode, or fire any firecrackers, fireworks, torpedoes, bombs, rockets, pinwheels, fire balloons, Roman candles, toy cannons or any other fireworks of a like kind, except between the hours of 10:00 A.M. and 10:00 P.M. on the fourth (4th) day of July each year.

B. The Board of Aldermen may approve an application by any party for a display of fireworks, as defined in Section 320.106, RSMo., if for Board-approved special events.

C. Notwithstanding the foregoing authorization to discharge fireworks on the fourth (4th) of July each year, or for Board-approved special events:

1. It is unlawful, at any time, to explode or ignite consumer fireworks within six hundred (600) feet of any church, hospital, mental health facility, school, or within one hundred (100) feet of any location where fireworks are stored, sold, or offered for sale.

2. No person shall, at any time, ignite or discharge any permissible articles of consumer fireworks within or throw the same from a motorized vehicle including watercraft or any other means of transportation, except where a display permit has been issued for a floating vessel or floating platform, nor shall any person place or throw any ignited article of fireworks into or at a motorized vehicle including watercraft or any other means of transportation, or at or near any person or group of people.

3. No person shall, at any time, ignite or discharge consumer fireworks within three hundred (300) feet of any permanent storage of ignitable liquid, gases, gasoline pump, gasoline filling station, or any non-permanent structure where fireworks are stored, sold or offered for sale.

4. No person shall at any time, ignite or discharge consumer fireworks any time during a period of moderate drought, severe drought, extreme drought, or exceptional drought as indicated by the U.S. Drought Monitor published by National Oceanic and Atmospheric Administration (NOAA).

[1] Cross Reference — As to fire prevention and protection, §§500.080 — 500.084.

Section 215.360 Selling Fireworks. [1]

[R.O. 2012 §215.360; CC 1992 §13-68; Ord. No. 1633, 4-11-1983]

A person commits the offense of selling fireworks if he/she shall sell or cause to be sold within the corporate limits of the City, either at retail or at wholesale, any fireworks as defined in Section 320.106, RSMo.

[1] Cross Reference — As to licenses and business regulations, ch. 605.