City of Weatherby Lake, MO Article V Offenses Concerning Public Peace

Section 210.230 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;

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. 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 210.235 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 210.237 Peace Disturbance Definitions.

For the purposes of Sections 210.230 and 210.235, 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 210.238 Disorderly Conduct.

[Ord. No. 2019-18, 12-11-2019]

A. Any person who, with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned, commits any of the following acts shall be deemed to have committed the offense of disorderly conduct:

1. Uses offensive, disorderly, threatening, abusive or insulting language, conduct or behavior.

2. Acts in such manner as to annoy, disturb, interfere with, obstruct or be offensive to others or to any lawful assemblage.

3. Congregates with others on a public street and refuses to move on when ordered by the Police.

4. By his/her actions causes a crowd to collect, except when lawfully addressing such a crowd.

5. Shouts or makes a noise either outside or inside a building during the nighttime to the annoyance or disturbance of any considerable number of persons.

6. Interferes with any person in any place by jostling against such person or unnecessarily crowding him/her or placing a hand in the proximity of such person's pocket or handbag.

7. Stations himself/herself on the public streets or follows pedestrians for the purpose of soliciting alms or who solicits alms on the public streets unlawfully.

8. Stands on sidewalks or street corners and makes insulting remarks to or about passing pedestrians or annoys such pedestrians.

9. Looks, peers or peeps into or is found loitering around or within view of any window not on his/her own property with the intent of watching or looking through such window.

10. Any person who knowing the same to be false circulates or transmits to another or others, with intent that it be acted upon, any statement or rumor, written, printed or by word of mouth concerning the location of a bomb or other explosive is guilty of a misdemeanor. This Subsection shall not apply to authorized statements made in connection with any authorized civil defense test or drill.

Section 210.239 Noise — Making When Loud, Unnecessary, Etc. — Restricted Acts Enumerated.

[Ord. No. 2020-11, 7-8-2020]

A. It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the City.

B. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this Section, but such enumeration shall not be deemed to be exclusive:

1. The sounding of any horn or other signaling device on any automobile, motorcycle, watercraft or other vehicle on any street, lake or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device, except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason delayed.

2. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, including but not limited to residential neighbors and person, on the lake, or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, or in an automobile, motorcycle, watercraft or other vehicle on any street, lake, private or public place of the City, in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 P.M. and 7:00 A.M. in such a manner as to be plainly audible at a distance of hundred (100) feet from the building, structure, watercraft or vehicle in which it is located shall be prima facie evidence of a violation of this Subsection.

3. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the streets, lake, private or public places for the purpose of commercial advertising or attracting the attention of the public to any building or structure.

4. Yelling, shouting, hooting, whistling or singing on the streets, lake, private or public place of the City, between the hours of 11:00 P.M. and 7:00 A.M. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any dwelling or other type of residence or of any persons in the vicinity.

5. The blowing of any siren, except as a warning of fire or danger or upon request of proper City authorities.

6. The discharge into the open air of the exhaust of any stationary internal combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

7. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.

8. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.

9. The erection (including excavating), demolition, alteration or repair of any building between the hours of 6:00 P.M. and 7:00 A.M., except in case of urgent necessity in the interest of public health and safety.

10. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

11. The use of any drum or other musical instrument(s) or device for the purpose of attracting attention by the creation of noise to any performance or show.

12. The operation between the hours of 6:00 P.M. and 7:00 A.M., except in case of urgent necessity in the interest of public health and safety of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise is prohibited.

13. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.

C. Nothing in this Section shall be deemed to make lawful an act which is prohibited by any other ordinance.

Section 210.240 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 210.242 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 210.247 Use of Loud Sound Amplification Systems in Motor Vehicles Prohibited.

[CC 1984 §16.021; Ord. No. 267, 7-17-1984]

A. No person operating or occupying a motor vehicle within the City of Weatherby Lake, Missouri, shall operate or permit the operation of any sound amplification system from within such vehicle so that the sound emitted therefrom is audible at a distance of one hundred (100) or more feet from such vehicle.

B. As used in this Section, "sound amplification system" means any radio, tape player, compact disc player, speaker, loud speaker, amplifier or other electronic device used for the amplification of sound. "Audible" means any sound produced by a sound amplification system from within a vehicle which can be heard at a distance of one hundred (100) or more feet. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, roadside park or common area, parking lot or driveway.

C. Provided however, notwithstanding any other provision of this Section, it shall not be deemed to apply to any emergency or public safety vehicle, any construction vehicle engaged in lawful construction, nor to any vehicle which is being used in an authorized public activity, such as parades, sports events and other activities which have the approval of the proper City authority. This Section shall also not apply to commercial vehicles lawfully engaged in legal activity (i.e., the ice cream vender, etc.).

D. Any person or entity violating the provisions of this Section shall be punished as set forth in Sections 100.230 et seq., of the City Code.

Section 210.248 Milling, Scraping, Grinding Rock Or Stone.

[Ord. No. 2017-12, 7-12-2017]

A. No person shall use any machine or mechanical tool or hydraulic tool for the milling, grinding, scraping, shaping, breaking, surfacing or finishing of any rock, stone, brick or like material in the City of Weatherby Lake; same is hereby prohibited.

B. If operated for less than a total of four (4) hours in a calendar day between the hours of 8.00 a.m. and 5.00 p.m., the use of hand tools which can be operated, lifted and carried by a single individual to mill, grind, scrape, shape, break, surfacing or finishing of any rock, stone, brick or like material for use in the construction of any structures, wall, building, steps, accessory building, or retaining wall shall not be deemed to be in violation of this prohibition.

C. The use of a machine or mechanical tool or hydraulic tool used to dig a foundation or footing for the construction of any structures, wall, building, steps, or retaining wall if operated for less than a total of eight (8) hours in a calendar day between the hours of 8.00 a.m. and 5.00 p.m. shall not be deemed to be in violation of this prohibition.

D. Any person engaging in such act(s) or directing another person to engage in such act(s) prohibited herein shall each be guilty of an ordinance violation punishable as set forth in Section 100.230 of these ordinances.