As used in this Article, the following terms mean:
- PRIVATE PROPERTY
- Any place which at the time of the offense is not open to the public. It includes property which is owned publicly or privately.
- PROPERTY OF ANOTHER
- Any property in which the person does not have a possessory interest.
- PUBLIC PLACE
- Any place which at the time of the offense is open to the public. It includes property which is owned publicly or privately.
A person commits the offense of peace disturbance if he or she:
Unreasonably and knowingly disturbs or alarms another person or persons by:
Loud noise; or
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; or
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; or
Creating a noxious and offensive odor.
For purposes of this Section, if a building or structure is divided into separately occupied units, such units are separate premises.
[Ord. No. 7125, 5-26-2020]
It is unlawful for any person to engage in picketing before or about the residence or dwelling of any individual, where such residence or dwelling is located in any area designated residentially zoned in the Zoning Code of the City.
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.
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.
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.
[Ord. No. 7130, 7-21-2020]
Definition. The following term shall be defined as follows:
- PUBLIC PLACE
- Any place to which the general public has access and a right of resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks.
It shall be unlawful for any person to stand or remain idle either alone or in consort with others in a public place in such manner so as to knowingly and actually:
Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding the free and uninterrupted passage of vehicles, traffic or pedestrians;
Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk, or any other public place or building, all of which prevents the free and uninterrupted ingress, egress and regress, therein, thereon and thereto;
Obstruct the entrance to any business establishment, without so doing for some lawful purpose, if contrary to the expressed wish of the owner, lessee, managing agent or person in control or charge of the building or premises.
When any person causes or commits any of the conditions in this Section, a Police Officer or any Law Enforcement Officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who knowingly fails or refuses to obey such orders shall be guilty of a violation of this Section.
For purposes of this Section, "house of worship" means any church, synagogue, mosque, other building or structure, or public or private place used for religious worship, religious instruction, or other religious purpose.
A person commits the offense of disrupting a house of worship if such person:
Intentionally and unreasonably disturbs, interrupts, or disquiets any house of worship by using profane discourse, rude or indecent behavior, or making noise either within the house of worship or so near it as to disturb the order and solemnity of the worship services; or
Intentionally injures, intimidates, or interferes with or attempts to injure, intimidate, or interfere with any person lawfully exercising the right of religious freedom in or outside of a house of worship or seeking access to a house of worship, whether by force, threat, or physical obstruction.
Note: Under certain circumstances this offense can be a felony under state law.
A person commits the offense of unlawful funeral protest if he or she pickets or engages in other protest activities within three hundred (300) feet of any residence, cemetery, funeral home, church, synagogue or other establishment during or within one (1) hour before or one (1) hour after the conducting of any actual funeral or burial service at that place.
Definitions. As used in this Section, the following terms mean:
- OTHER PROTEST ACTIVITIES
- Any action that is disruptive or undertaken to disrupt or disturb a funeral or burial service.
The offense of unlawful funeral protest shall be an ordinance violation.
It is unlawful for two (2) or more persons in any public place in the City, voluntarily or by agreement, to engage in any fight or use any blows or violence toward the other or others in any angry or quarrelsome manner, or do each other any willful mischief, or to assault or strike another in any public place to the terror or disturbance of others.
A person commits the violation of elder abuse in the third degree if he/she:
Knowingly causes or attempts to cause physical contact with any person sixty (60) years of age or older or an eligible adult as defined in Section 660.250, RSMo., knowing the other person will regard the contact as harmful or provocative; or
Purposely engages in conduct involving more than one (1) incident that causes grave emotional distress to a person sixty (60) years of age or older or an eligible adult as defined in Section 660.250, RSMo. The course of conduct shall be such as would cause a reasonable person age sixty (60) years of age or older or an eligible adult, as defined in Section 660.250, RSMo., to suffer substantial emotional distress; or
Purposely or knowingly places a person sixty (60) years of age or older or an eligible adult, as defined in Section 660.250, RSMo., in apprehension of immediate physical injury; or
Intentionally fails to provide care, goods or services to a person sixty (60) years of age or older or an eligible adult as defined in Section 660.250, RSMo. The result of the conduct shall be such as would cause a reasonable person age sixty (60) or older or an eligible adult, as defined in Section 660.250, RSMo., to suffer physical or emotional distress; or
Knowingly acts or knowingly fails to act in a manner which results in a grave risk to the life, body or health of a person sixty (60) years of age or older or an eligible adult as defined in Section 660.250, RSMo.
A person commits the offense of assault while on school property if the person:
Knowingly causes physical injury to another person; or
With criminal negligence, causes physical injury to another person by means of a deadly weapon; or
Recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; and the act described under Subparagraphs (1), (2) or (3) of this Section occurred on school or school district property, or in a vehicle that at the time of the act was in the service of a school or school district, or arose as a result of a school or school district-sponsored activity.
Note — Under certain circumstances this offense can be a felony under state law.
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
- AGGRESSIVE PANHANDLING
- Panhandling in the following manner:
- 2. To persist in panhandling after the person solicited has given a negative response;
- 3. To block, either individually or as a part of a group of persons, the passage of a solicited person;
- 4. To touch a solicited person without the person's consent;
- 5. To render any service to a motor vehicle, including, but not limited to, any cleaning, washing, protecting, guarding, or repairing of said vehicle or any portion thereof, without the prior consent of the owner, operator or occupant of such vehicle, and thereafter asking, begging or soliciting alms or payment for the performance of such service, regardless of whether such vehicle is stopped, standing or parked on a public street or upon other public or private property; or
- 6. To engage in conduct that would reasonably be construed as intended to intimidate, compel or force a solicited person to make a donation.
- CHARITABLE ORGANIZATION
- Any non-profit community organization, fraternal, benevolent, educational, philanthropic, or service organization, or governmental employee organization, which solicits or obtains contributions solicited from the public for charitable purposes or holds any assets solely for charitable purposes.
- Any solicitation in person, by a person, other than a charitable organization, for an immediate grant of money, goods, or any other form of gratuity from another person(s) when the person making the request is not known to the person(s) who is the subject of the request. The term "panhandling" shall not mean the act of passively standing or sitting with a sign or other indicator that a donation of money, goods or any other form of gratuity is being sought without any vocal request other than the response to an inquiry by another person.
It shall be unlawful for any person to engage in aggressive panhandling.
It shall be unlawful for any person to engage in the act of panhandling when either the panhandler or the person being solicited is located in, on, or at any of the following locations:
In any public transportation vehicle;
Within fifty (50) feet of an automatic teller machine or entrance to a bank;
Within thirty (30) feet of a point of entry or exit from any building open to the public, including commercial establishments;
At any sidewalk cafe;
Within fifty (50) feet of any public or private school;
At any bus stop, train stop, or cab stand;
Within twenty (20) feet of any crosswalk; or
Within any municipal or government-owned building, park, golf course, or playground.
It shall be unlawful for any person to engage in the act of panhandling on private property or inside a business without written permission from the owner.
It shall be unlawful for any person to engage in the act of panhandling after 8:00 P.M. and before 7:00 A.M. during any dates on which daylight-saving time is in effect; or after 7:00 P.M. and before 7:00 A.M. during any dates on which daylight-saving time is not in effect.
It shall be unlawful for any person to panhandle in a group of two (2) or more persons.
Nothing in this Section shall abrogate or abridge provisions of Chapter 610, Article I, concerning canvassers or solicitors, Chapter 610, Article II, concerning charitable solicitations, or Federal and State Government laws, or any law regulating non-profit, religious, educational, civic or benevolent organizations.
Loud And Unnecessary Noise Prohibited.
The creation of any unreasonably loud, disturbing or unnecessary noise in the City is prohibited.
All emergency alarm systems equipped with any exterior sound-producing devices including, but not limited to, gongs, buzzers, sirens, bells or horns shall be equipped with a time device which limits the operation of such exterior sound-producing device to fifteen (15) minutes, except that in the case of commercial and business installations, they shall be allowed a limit of thirty (30) minutes.
Certain Prohibited Noises Enumerated. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of Subsection (A) of this Section, but this enumeration shall not be deemed to be exclusive:
Vehicle horns, etc. The sounding of any horn or signal device on any streetcar, motorbus, motorcycle, automobile or other vehicle while not in motion on a public street or highway except as a danger signal if another vehicle is approaching apparently out of control; or, if in motion, the excessive or prolonged sounding except only as a danger signal, after or as brakes are being applied and deceleration of a vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound, and the sounding of such device for an unnecessary or unreasonable period of time.
Playing radios, etc. The playing of any radio, phonograph or other musical instrument in such a manner or with such volume as to tend to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence; provided that any such noise that can be distinctly heard at a distance of more than one hundred (100) feet from its source shall be deemed excessive.
Animals, fowl, etc. It is unlawful to keep any animal, bird or fowl which causes frequent and long-continued noise that can be distinctly heard at a distance of more than one hundred (100) feet from its source.
Vehicular noise generally. The use of any automobile, motorcycle, streetcar or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
Steam whistles, etc. The blowing of any steam whistle attached to any stationary boiler, or any other whistle or siren, except to give notice of the time to begin or stop work or as a warning of danger, or the use of steam under pressure for cleaning purposes in any establishment between the hours of 10:00 P.M. and 7:00 A.M. when the windows of such establishment are open.
Exhausts, etc. The discharge into the open air of the blow down of any steam engine or of the exhaust of any stationary internal combustion engine, or motor vehicle, or of the escape valve from the unloader of any air compressor except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
Alteration, demolition, etc., of buildings. The erection (including excavating), demolition, alteration or repair of any building or other structure between the hours of 10:00 P.M. and 7:00 A.M. and on Sunday, except in case of urgent necessity in the interest of public safety and then only with a permit from the Building Commissioner, which permit will be renewed for a period of three (3) days or less while the emergency continues.
Excessive or unnecessary noise in hospital, etc., zones. The creation of any excessive or unnecessary noise within one hundred fifty (150) feet of any portion of the grounds and premises on which is located a hospital or other institution reserved for the sick, or any church or any school or other institution of learning while the same are in session, which unreasonably interferes with the proper functioning of any such place above mentioned; provided that conspicuous signs are placed in the public highways indicating the zones within which such noises are prohibited. The Director of Public Works and Parks is authorized and directed to cause to be placed as many signs as he/she may deem necessary to properly indicate such quiet zones and to call attention to the prohibition of excessive or unnecessary noises within such zones.
Loudspeakers, calling, etc. The use of any loudspeaker or other instrument or device, unless a permit be obtained therefor from the City Manager, which permit shall specify the place where such device is to be used and the hours thereof; or the unnecessary calling with the voice for the purpose of attracting attention by the creation of noise or for advertising purposes.