[R.O. 1996 § 220.480; CC 1968 § 14-142; Ord. No. 1147 § 1, 4-12-1982; Ord.
No. 2160 § 1, 1-6-1992]
A.
PRIVATE PROPERTY
PROPERTY OF ANOTHER
PUBLIC PLACE
Definitions. For purposes of this Section,
the following definitions shall apply:
Any place which at the time is not open to the public. It
includes property which is owned publicly or privately.
Any property in which the actor does not have a possessory
interest.
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.
B.
Peace Disturbance. A person commits the
offense of peace disturbance if:
1.
They unreasonably and knowingly disturb
or alarm 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;
[R.O. 1996 § 220.485; CC 1968 § 14-144.1; Ord. No. 1268 § 1, 2-6-1984]
A.
Any
person who, with intent to provoke a breach of the peace or to cause
violence to persons or property, commits any of the following acts
shall be deemed to have committed the offense of disorderly conduct:
1.
Acts in a violent or tumultuous manner
toward another, whereby any person is placed in fear of safety of
their life, limb or health.
2.
Acts in a violent or tumultuous manner
toward another, whereby property of any person is placed in danger
of being destroyed or damaged.
3.
Endangers lawful pursuits of another
by acts of violence, angry threats and/or abusive conduct.
4.
Causes, provokes or engages in any
fight, brawl or riotous conduct so as to endanger the life, limb,
health or property of another.
5.
Assembles or congregates with another
or others for the purpose of causing, provoking or engaging in any
fight or brawl.
6.
Jostles or roughly crowds or pushes
any person in any public place.
7.
Frequents any public place with intent
to obtain money from another by an illegal and fraudulent scheme,
trick, artifice or device.
8.
Assembles with another or others
for the purpose of engaging in any fraudulent scheme, device or trick
to obtain any valuable thing in any place or from any person in the
City, or to aid or abet therein.
9.
Any male person accosts or attempts
to force their company upon any female or attempts to pick up any
female.
10.
Uses "fighting words" directed towards
another who becomes outraged and thus creates turmoil.
11.
Assembles or congregates with another
or others for the purpose of doing bodily harm to another.
12.
Any person, by acts of violence,
interferes with another's pursuit of a lawful occupation.
13.
Congregates with another or others
in or on any public way so as to halt the flow of vehicular or pedestrian
traffic and refuses to clear such public way when ordered by a Peace
Officer or other lawful authority.
14.
Congregates with others on a public
street and refuses to move on when ordered by the Police.
15.
By their actions causes a crowd to
collect, except when lawfully addressing such crowd.
16.
Stations themselves on the public
streets or follows pedestrians for the purpose of soliciting alms,
or who solicits alms on the public streets unlawfully.
17.
Causes a disturbance in any bus or
other public conveyance by running through it, climbing through windows
or upon the seats, or otherwise annoying passengers or employees therein.
18.
Stands on sidewalks or street corners
and makes insulting remarks to or about passing pedestrians and/or
motorists or annoys such pedestrians.
[R.O. 1996 § 220.490; CC 1968 § 14-145; Ord. No. 1147 § 1, 4-12-1982]
A person commits the offense of unlawful
assembly if they knowingly assemble with six (6) or more other persons
and agree with such persons to violate any of the criminal laws of
this City, this State, or of the United States of America with force
or violence.
[R.O. 1996 § 220.500; CC 1968 § 14-146; Ord. No. 1147 § 1, 4-12-1982]
A person commits the offense of rioting
if they knowingly assemble with six (6) or more persons and agree
with such persons to violate any of the criminal laws of this City,
this State, or of the United States of America with force or violence,
and thereafter, while still so assembled, do violate any of said laws
with force and violence.
[R.O. 1996 § 220.505; CC 1968 § 14-147; Ord. No. 1147 § 1, 4-12-1982]
A.
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, they knowingly fail or refuse to obey the
lawful command of a Law Enforcement Officer to depart from the scene
of such unlawful assembly or riot.
B.
A person who is convicted of a refusal
to disperse may be sentenced to pay a fine which does not exceed three
hundred dollars ($300.00), or to serve a period of imprisonment which
does not exceed fifteen (15) days, or both.
[R.O. 1996 § 220.510; CC 1968 § 14-148; Ord. No. 1147 § 1, 4-12-1982; Ord.
No. 3190 § 1, 1-18-2000]
[R.O. 1996 § 220.515; CC 1968 § 14-149; Ord. No. 1147 § 1, 4-12-1982]
It shall be unlawful for any person
to enter any schoolhouse or church house within the City in which
there is an assemblage of people, met for a lawful purpose, or any
courthouse within the City, in a drunken or intoxicated and disorderly
condition, or to drink or offer to drink any intoxicating liquors
in the presence of such assembly of people, or in any courthouse within
the City.
[R.O. 1996 § 220.520; CC 1968 § 14-150; Ord. No. 1147 § 1, 4-12-1982]
It shall be unlawful for any person
to commit a nuisance upon any place open to public view within the
corporate limits of the City of Blue Springs by emptying, discharging,
or evacuating ordure or urine thereon.
[R.O. 1996 § 220.535; CC 1968 § 14-152.2; Ord. No. 1147 § 1, 4-12-1982]
It shall be unlawful for any person
within the limits of said City to engage in, be present at or be in
any manner concerned in any cockfight, dogfight, or any fight between
animals of any kind, which are pitted against each other or to allow
or permit any such fight in any house or upon any premises in their
possession or under their control.
[R.O. 1996 § 220.540; CC 1968 § 14-152.3; Ord. No. 1147 § 1, 4-12-1982; Ord.
No. 1919 § 1, 2-20-1990; Ord. No. 3864 § 1, 3-21-2005]
A.
DAYTIME CURFEW HOURS
EMERGENCY
GUARDIAN
MINOR
PARENT
PUBLIC PLACE
SCHOOL OFFICIAL
Definitions. As used in this Section, the
following words and terms shall have the meanings respectively ascribed:
Between the hours of 9:00 A.M. and 2:30 P.M. on a Monday,
Tuesday, Wednesday, Thursday or Friday when schools are in session.
Shall include, but not be limited to, fire, natural disaster,
an automobile accident or obtaining immediate medical care for another
person.
Any person to whom custody of a minor has been given by a
court order.
Any person under eighteen (18) years of age and over six
(6) years of age.
[Ord. No. 4998, 5-3-2021]
A person who is the natural or adoptive parent of a person.
As used herein, "parent" shall also include a court appointed guardian
or other person eighteen (18) years of age or older, authorized by
the parent, by a court order or by the court appointed guardian to
have the care and custody of a person.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways
and the common areas of schools, hospitals, apartment houses, office
building, transport facilities and shops.
An administrator in the school in which the minor is enrolled
or a supervisor of that administrator. In the case of a minor being
educated in a home school, a parent or guardian of the minor shall
be deemed a school official.
B.
Nighttime Curfew. It shall be unlawful
for any person seventeen (17) years of age or younger to be in or
upon any public place or way within the City of Blue Springs between
the hours of 12:01 A.M. and 6:00 A.M. The provisions of this Subsection
shall not apply to any such persons accompanied by a parent or guardian,
to any such person upon an errand or other legitimate business directed
by such person's parent or guardian, to any such person who is engaged
in gainful, lawful employment during said time period, or who is returning
or in route to said employment, or to any such person who is attending
or in route to or from any organized religious or school activity.
[Ord. No. 4998, 5-3-2021]
C.
Daytime Curfew.
1.
No minor who is subject to compulsory
education under the law of the State of Missouri shall remain in,
on or upon any establishment's premises, public place or street during
daytime curfew hours. This Section shall also apply to a minor whose
enrollment status is under suspension on expulsion.
2.
No parent or guardian shall knowingly
permit, or by insufficient control, allow a minor to remain in, on
or upon any establishment's premises, public place or street during
daytime curfew hours. No parent or guardian shall refuse to take custody
of the minor.
3.
In addition to other relevant evidence,
such parent or guardian shall be deemed to have knowledge of a minor's
continued violation of daytime curfew hours as a result of having
received initial notification of same from a Police Officer or notification
of non-exempted, unexcused absences from a school official or a representative
of a school official.
4.
No operator of an establishment shall
knowingly allow a minor to remain in, on or upon the establishment's
premises during daytime curfew hours.
D.
Daytime Curfew — Exceptions. Subsection (C) shall not apply to the minor, parent, guardian or operator of an establishment when the minor is:
1.
Exempt or excluded from compulsory
education, as provided by the laws of the State of Missouri, or is
authorized to be absent from their school pursuant to the provisions
of the laws of the State of Missouri;
2.
Attending their school;
3.
Accompanied by their parent or guardian,
or other adult person having the care or custody of the minor;
4.
On an errand as directed by their
parent or guardian, or other adult person having the care or custody
of a minor, without any detour or stop;
5.
Lawfully engaged in a business, trade,
profession, occupation or employment-related activity at the time,
or going to or coming from a place of employment or the location of
an employment-related activity which is connected with or required
with respect to the business, trade, profession or occupation in which
the minor is lawfully engaged, without any detour or stop;
6.
Attending a public meeting or a school,
religious, recreational or civic organization activity, event or function
which is under the direction, supervision or control of an adult and
which is organized, arranged or sponsored by the City, a local educational
authority, a religious or civic organization or another similar entity
that is taking responsibility for the minor; or going to or coming
from that activity, event or function, without any detour or stop;
7.
Carrying in their possession a valid,
school-issued, off-campus permit or pass that authorizes the minor
to leave their school campus for lunch, a school related activity
or some other event approved by their school official;
8.
Receiving medical or mental treatment
or care; or is going to or coming from a medical or mental appointment,
without any detour or stop;
9.
Attending or traveling directly to
or from an activity involving the exercise of first amendment rights
of free speech, freedom of assembly or free exercise of religion;
10.
Involved in an emergency such as
a fire, natural disaster, automobile accident, a situation requiring
immediate action to prevent serious bodily injury or loss of life
or any unforeseen combination of circumstances or the resulting state
which calls for immediate action;
11.
In a motor vehicle, bus or train
involved in interstate travel;
12.
Not a resident of the City and the
minor possesses a valid passport, visitor's visa or other form of
identification which establishes that the minor is temporarily visiting
within the City;
13.
On a sidewalk abutting the minor's
permanent residence; or
14.
Is, or was, engaged in a lawful employment
or volunteer work at a recognized charity institution or is going
to or coming from such activity without detour or stop.
E.
Daytime Curfew — Exceptions — Operator. Subsection (C)(4) shall not apply to the operator of an establishment, when the operator of an establishment promptly notifies the Blue Springs Police Department of the minor's presence on the establishment's premises during daytime curfew hours and that the minor has refused to leave.
F.
Enforcement — Penalties.
2.
Subsection (C) shall be enforced as follows:
a.
Before taking any action to enforce the provisions of Subsection (C), a Police or Peace Officer who has a reasonable suspicion based on articulable facts that the minor, parent, guardian or operator of an establishment is in violation of a provision contained in Subsection (C) shall ascertain:
(1)
The minor's name, address,
age;
(2)
The name of the minor's
parent or guardian;
(3)
The reason or purpose
for the minor's being in, on or upon the establishment, public place
or street during the daytime curfew hours; and
(4)
Any other information
reasonably necessary to determine whether a violation exists.
b.
A Police or Peace Officer shall enforce the provisions of Subsection (C) by way of a written notice to appear or an arrest for an adult, and by way of a written notice to appear, a referral to the Jackson County Family Court Services Truancy Diversion Program or any procedure authorized under the Juvenile Code of the State of Missouri for a minor, when:
(1)
The Police or Peace
Officer reasonably believes that an offense has occurred; and
3.
When a minor is charged with a violation of Subsection (C), each violation shall constitute a separate offense and shall be punishable as an infraction punishable by up to forty (40) hours of community service for each offense. Whenever a minor shall have been summoned by written notice to appear for the violation of any provision of this Section, the parent(s) or guardian of such minor, if known, shall be summoned to appear and defend such minor.
[R.O. 1996 § 220.545; CC 1968 § 14-152.4; Ord. No. 1147 § 1, 4-12-1982]
It shall be unlawful for any person
within the corporate limits of said City to intentionally give a false
alarm of fire, by sounding the electric sirens, fire alarms or otherwise.
[R.O. 1996 § 220.550; CC 1968 § 14-152.5; Ord. No. 1147 § 1, 4-12-1982]
It shall be unlawful for any person
within the limits of the City to use a slingshot, or what is commonly
known as a "bean shooter," for the purpose of throwing rocks, gravel,
beans or other articles to the detriment or danger of any person or
persons or property, in said City.
[R.O. 1996 § 220.555; CC 1968 § 14-152.6; Ord. No. 1147 § 1, 4-12-1982]
It shall be unlawful for any person
to throw any stone, brick, bat, ball or other missile, within the
limits of the City so as to strike or annoy any person or damage,
or likely cause damage to any building or other property.
[R.O. 1996 § 220.567; Ord. No. 3875 § 1, 6-6-2005]
A.
ALCOHOLIC BEVERAGE
CONTROL
DRUG
ENFORCEMENT SERVICES
MINOR
OPEN HOUSE PARTY
PERSON(S) RESPONSIBLE FOR THE EVENT
1.
2.
3.
RESIDENCE or PREMISES
Definitions. Unless the provisions explicitly
state otherwise, as used in this Section, the following terms and
phrases shall have the meanings hereinafter designated:
Any "alcoholic liquor" as defined now and hereafter by the
Revised Statutes of Missouri. Currently, "alcoholic liquor" is defined
by Section 311.020, RSMo.
Any form of authority, regulation, responsibility or dominion,
including a possessory right.
For the purposes of this Section, a "controlled substance"
as defined and described now or hereafter by the Revised Statutes
of Missouri. Currently, "controlled substances" are defined and described
by Sections 195.005 to 195.425, RSMo. (Chapter 195, RSMo.), and Chapter
579, RSMo.
The salaries and benefits of Police Officers or other code
enforcement personnel for the amount of time actually spent in responding
to, or in remaining at, the open house party, gathering or event and
the administrative costs attributable to the incident; the actual
cost of any medical treatment to injured Police Officers or other
code enforcement personnel; the cost of repairing any damaged City
equipment or properly; and the cost arising from the use of any damaged
equipment in responding to or remaining at the party, gathering or
event.
A person not legally permitted by reason of age to possess
or purchase alcoholic liquor as described now or hereafter by the
Revised Statutes of Missouri.
A social gathering, party or event at a residence or premises
of a person who is the:
Includes, but is not limited to:
The person(s) who owns, rents, leases
or otherwise has control of the premises where the party, gathering
or event takes place;
The person(s) in charge of the premises;
or
The person(s) who organized the event.
If a person responsible for the event is a juvenile, then the parents
or guardians of that juvenile will be jointly and severally liable
for the costs incurred for enforcement services pursuant to this Section.
A motel room, hotel room, home, apartment, condominium or
other dwelling unit, including the curtilage of a dwelling unit or
a hall, meeting room or other place of assembly, whether occupied
as a dwelling or specifically for social functions and whether owned,
leased, rented or used with or without compensation.
B.
Prohibited Activities.
1.
No person who is the person(s) who
owns, rents, leases or otherwise has control of the premises where
the open house party, gathering or event takes place; the person(s)
in charge of the premises; or the person(s) who organized the event,
whether present at the premises or not, shall allow an open house
party to take place at any premises if any alcoholic beverage or drug
is possessed or consumed at, within or on said premises by any minor
where said person knew or reasonably should have known, that any alcoholic
beverage or drug was in the possession of or being consumed by, a
minor at said premises and where said person failed to take reasonable
steps to prevent the possession or consumption of the alcoholic beverage
or drug by a minor at the residence or premises.
2.
The provisions of this Subsection
shall not apply to:
C.
Penalty.
1.
Any person violating any provision
of this Section shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not more than five hundred
dollars ($500.00) or by imprisonment for not more than ninety (90)
days, or by both such fine and imprisonment.
2.
When an open house party, gathering
or event occurs on private property and any alcoholic beverage or
drug is possessed or consumed at said premises by any minor and a
Police Officer at the scene determines that there is a threat to the
public peace, health, safety or general welfare, the person(s) responsible
for the event may, upon conviction, have the cost of providing enforcement
services to control the threat to the public peace, health, safety
or general welfare assessed against said person(s) by the judge of
the Municipal Court as court costs. The amount assessed as court costs
for enforcement services may include the cost of personnel and equipment
but shall not exceed one thousand dollars ($1,000.00) for a single
social gathering, party or event. Such amount assessed as costs is
deemed to be supplementary and additional to all other applicable
fines and penalties; and the City does not hereby waive its right
to seek reimbursement for actual costs exceeding the above amount
through other legal remedies or procedures. Any person owing money
shall be liable in an action brought in the name of the City for recovery
of such amount, including reasonable attorney fees.
