[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.
[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;
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.
[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.
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.
[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.