City of Parkville, MO Article I Offenses Against Persons

Section 215.010 Assault.

[Ord. No. 1225 §215.010, 5-21-1991]

A. A person commits the offense of assault if:

1. He attempts to cause or recklessly causes physical injury to another person; or

2. With criminal negligence he causes physical injury to another person by means of a deadly weapon; or

3. He purposely places another person in apprehension of immediate physical injury; or

4. He recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; or

5. He knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.

B. Consent as a Defense. The defendant shall have the burden of injecting the issue of consent.

Section 215.020 Peace Disturbance.

[Ord. No. 1225 §215.020, 5-21-1991; Ord. No. 1311 §1, 7-21-1992; Ord. No. 2099 §1, 11-4-2003; Ord. No. 2131 §2, 6-1-2004]

A. A person, persons or entity shall commit the offense of peace disturbance if:

1. He unreasonably and knowingly disturbs or alarms another person or persons by;

a. Loud noise; or

b. Offensive and indecent language, conduct or behavior which is likely to produce an immediate, violent response from a reasonable recipient; or

c. Threatening to commit a crime against any person if such threats are communicated in such a fashion or under such circumstances as would lead a reasonable person to believe that criminal activity may be imminent or that a substantial likelihood of such criminal conduct exists, and such a threat is likely to produce an immediate and violent response from a reasonable recipient; or

d. Fighting, except in self-defense; or

e. Creating a noxious and offensive odor; or

2. He is in a public place, or private property of another without consent, and purposely causes inconvenience to another person or persons by:

a. Unreasonably and physically obstructing vehicular or pedestrian traffic; or

b. Unreasonably and physically obstructing the free ingress or egress to or from a public or private place; or

c. Disrupting any lawful assemblage by noisy or outrageous behavior.

3. Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work that create noise that can be clearly heard from a distance of thirty (30) feet or more by any person of normal sensitivity shall be prohibited between the hours of 8:00 P.M. and 7:00 A.M. Monday through Friday, and allowed only between the hours of 10:00 A.M. and 8:00 P.M. on Saturdays and the hours of 10:00 A.M. and 8:00 P.M. on Sundays. Exceptions include:

a. Construction operations conducted by the City of Parkville.

b. Operation of safety and emergency equipment.

c. Emergency construction work authorized by the City Administrator or Building Official of Parkville.[1]

[1] Editor’s Note: Former Subsection (B), regarding block parties, which immediately followed, was repealed 7-21-2015 by §1 of Ord. No. 2816.

Section 215.025 Domestic Violence.

[Ord. No. 1478 §1, 12-6-1994]

A. For the purpose of this Section, the following words and terms shall have the meanings as shown:

ASSAULT

Purposely or knowingly placing or attempting to place another in fear of physical harm.

BATTERY

Purposely or knowingly causing physical harm to another with or without a deadly weapon.

HOUSEHOLD OR FAMILY MEMBER

Shall include spouses, former spouses, persons related by blood or marriage, persons who are presently residing together or have resided together in the past, and persons who have a child in common, regardless of whether they have been married or have resided together at any time.

PRIMARY PHYSICAL AGGRESSOR

The most significant, rather than the first, aggressor in an act of domestic violence.

B. A person commits the offense of domestic violence if he/she:

1. Performs any act intended to cause a household or family member to fear the imminent infliction of physical harm.

2. Assaults and/or batters any household or family member.

3. Engages in a purposeful or knowing course of conduct involving more than one (1) incident that alarms or causes distress to another household or family member and serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress.

4. Compels another household or family member by force or threat of force to engage in conduct from which the latter has a right to abstain, or to abstain from conduct in which the person has a legal right to engage.

C. When a Law Enforcement Officer has probable cause to believe a person has committed a violation of this Section against a household or family member, the officer may arrest the offending person or persons whether or not the violation occurred in the presence of the arresting officer. The refusal of the victim to sign an official complaint against the violator shall not prevent an arrest. In such cases a Law Enforcement Officer may sign the official complaint form as the complainant.

D. When an officer makes an arrest under this Section the officer shall not be required to arrest both persons involved in an assault or battery when they both claim to have been assaulted or battered. Instead, the arresting officer shall attempt to identify, and may arrest, the person the officer believes is the primary physical aggressor. Any or all of the following factors may be considered in determining the primary physical aggressor:

1. The intent of the law to protect victims of domestic violence from continuing abuse.

2. The comparative extent of injuries inflicted or serious threats creating fear of physical injury.

3. The history of domestic violence between the persons involved.

Section 215.030 Peeping Toms Prohibited.

[Ord. No. 1225 §215.030, 5-21-1991]

It shall be unlawful for any person to wander, prowl or loiter upon the private property of another, and peep or peer in the door or window of any building or structure located thereon, which is inhabited by human beings, without any visible or lawful business with the owners or occupants thereof.