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.
For the purposes of Sections 210.205 and 210.210, the following words shall have the meanings set out herein:
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.
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.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
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. 4126 §1(75.049), 8-20-2001]
A.
A person
commits the offense of loitering if he/she:
1.
Loiters in such a manner as to obstruct any public street, public
highway, public sidewalk or any public place or building by hindering
or impeding the free and uninterrupted passage of vehicles, traffic
or pedestrians; or
2.
Loiters in such a manner as to interfere with the free and uninterrupted
use of property or with the conduct of any lawful business.
B.
LOITER
PUBLIC PLACE
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
To remain idle in essentially one (1) location and includes
the concept of spending time idly, being dilatory, lingering, sauntering,
delaying, standing around or hanging around.
Any place to which the general public has access and a right
to resort for business, entertainment or other lawful purpose, but
does not necessarily mean a place devoted solely to the uses of the
public. "Public place" also includes the front or
immediate area of any store, shop, restaurant, tavern or other place
of business and also public grounds, areas or parks.
[Ord. No. 4126 §§1 — 2(75.075), 8-20-2001; Ord. No. 4241 §1, 7-21-2003]
A.
No
person shall unreasonably and knowingly make or cause to be made or
allow anyone or anything under his/her control to make any loud and
unnecessary noise or any noise which disturbs, injures or endangers
the repose, health, peace or safety of another. The following are
declared to be noises in violation of this Article, but such enumeration
is not to be deemed exclusive:
1.
The sounding of any horn or signaling device on any automobile, motorcycle
or other vehicle on any street or public place of the City, except
as a danger warning.
2.
The use or operation of any stereo, compact disc player, radio, television,
musical instrument, tape recorder or other similar machine or device
in such a manner as to disturb the peace, quiet and comfort of neighboring
inhabitants. The use or operation of any such device between the hours
of 10:00 P.M. and 7:00 A.M. in such manner as to be plainly audible
at a distance of fifty (50) feet from the building, structure or vehicle
in which it is located shall be prima facie evidence of a violation
of this Section.
3.
The keeping of any animal or bird which, by causing frequent or long-continued
noise, particularly between the hours of 10:00 P.M. and 7:00 A.M.,
shall unreasonably disturb the comfort or repose of any persons in
the vicinity.
4.
Yelling, shouting, hooting, whistling or singing on any public street
particularly between the hours of 10:00 P.M. and 7:00 A.M. or at any
time or place so as to annoy, disturb the quiet, comfort or repose
of persons in any office or in any dwelling, hotel or other type of
residence or of any persons in the vicinity.
5.
The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, motorboat or motor vehicle,
except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
6.
The use or operation upon any street, alley or public place of a
sound truck, amplifier or loud speaking device of any kind.
B.
A violation
of this Section be punished by a fine not exceeding five hundred dollars
($500.00) or by imprisonment in the City or County Jail not exceeding
ninety (90) days, or by both such fine and imprisonment.
1.
A Dexter Police Officer may issue a uniform complaint and summons
to any person or persons responsible for playing any television, radio
or other sound or music projecting device which emits sound in violation
of this Subsection, including the driver of a motor vehicle or the
first (1st) registered owner of the vehicle, the owner of record or
a resident of a residence or apartment, the proprietor of a business,
or the person who is in physical control of any such device.
2.
In the event that any such device in located in a motor vehicle,
boat, bicycle, ATV or other means of conveyance and the owner of operator
cannot be located or denies ownership, a Dexter Police Officer, with
the shift supervisor's permission, may tow or cause to be towed the
offending conveyance at the owner's expense.
3.
In order to abate a nuisance and to protect the public welfare, a
Dexter Police Officer may seize any motor vehicle, boat, truck, bicycle
or any other means of conveyance which is in violation of this Subsection
and have the same towed and stored, at the owner's expense, for a
period not to exceed seventy-two (72) hours, and which was used in
violation of this Subsection by any individual who previously has
been convicted or pled guilty, or who has a noise disturbance charge
pending.
[Ord. No. 4883, 4-2-2018]
A.
ENGINE RETARDING BRAKE
Definitions.
The following words, terms and phrases, when used in this Section,
shall have the meaning ascribed to them in this Subsection, except
where the context clearly indicates a different meaning:
A "Dynamic Brake," "Jake Brake," "Jacobs Brake," "C-Brake,"
"Paccar Brake," transmission brake or any other engine retarding brake
system that alters the normal compression of the engine and subsequently
releases that compression.
B.
Prohibitions.
It shall be unlawful for the driver of any vehicle to use or operate
or cause to be used or operated within designated areas in the incorporated
areas of the City of Dexter, any engine brake, compression brake or
mechanical exhaust device designed to aid in the braking or deceleration
of any vehicle that results in excessive, loud, unusual noise from
such vehicle, unless such use is necessary to avoid imminent danger.
Such prohibition shall be applicable only to those public roads or
highways, or portions specifically identified in this Section.
C.
Areas
Of Prohibition. The prohibition set forth herein shall apply to the
following public roads and highways in the City of Dexter:
D.
Signage.
Signs stating "VEHICLE NOISE LAWS ENFORCED" or "ENGINE BRAKE ORDINANCE
ENFORCED" may be installed at locations deemed appropriate by the
Board of Aldermen to advise motorists of the prohibitions contained
in this Section, except that no sign stating "VEHICLE NOISE LAWS ENFORCED"
or " ENGINE BRAKE ORDINANCE ENFORCED" shall be installed on State
Highways without a permit from the Missouri Department of Transportation.
The provisions of this Section shall be in full force and effect even
if no signs are installed.
E.
Exceptions.
Emergency vehicles shall be exempt from the application of this Section.
F.
Enforcement.
Any person who is convicted of violation of this Section shall be
fined up to five hundred dollars ($500.00) and/or up to ninety (90)
days in jail for each such violation.
[CC 1974 §75.120]
A.
A person
commits the offense of vagrancy when he/she is:
1.
Found loitering or strolling in, about or upon any street, alley
or other public way or public place, or at any public gathering or
assembly, or in or around any store, shop or business or commercial
establishment, or on any private property or place without lawful
business, and who upon being ordered to move on about his/her business
fails to do so.
2.
Found to occupy, lodge or sleep in any vacant or unoccupied barn,
garage, shed, shop or other building or structure, or in any automobile,
truck, railroad car or other vehicle without owning the same or with
out permission of the owner or person entitled to the possession of
the same, or sleeping in any vacant lot during the hours of darkness
and not giving a reasonable explanation for his/her behavior.
3.
Found to be begging or going from door to door of private homes or
commercial and business establishments or places himself/herself in
or upon any public way or public place to beg or receive alms for
his/her own use.
[Ord. No. 4873, 12-4-2017]
A.
INCITE A RIOT
RIOT
a.
b.
Definitions.
The following words, terms and phrases, when used in this Section,
shall have the meaning ascribed to them in this Subsection, except
where the context clearly indicates a different meaning:
Means, but is not limited to, urging or instigating other
persons to riot, but shall not be deemed to mean the mere oral or
written:
A public disturbance involving:
An act of violence by one (1) or more persons, part of an assemblage
of three (3) or more persons, which act shall constitute a clear and
present danger of or shall result in damage or injury to the property
of any other person or to the person of any other individual; or
A threat of the commission of an act of having, individually
or collectively, the ability of immediate execution of such threat,
where the performance of the threatened act of violence would constitute
a clear and present danger of or would result in damage or injury
to the property of any other person or to the person of any other
individual.
B.
Conduct
Prohibited. A person shall be guilty of disorderly conduct if he or
she willfully does any of the following acts:
1.
Commits an act in a violent and tumultuous manner toward another
whereby that other is placed in danger of his/her life, limb or health.
2.
Commits an act in a violent and tumultuous manner toward another
whereby the property of any person is placed in danger of being destroyed
or damaged.
3.
Causes, provokes or engages in any fight, brawl or riotous conduct
so as to endanger the life, limb, health or property of another.
4.
Interferes with another's pursuit of a lawful occupation by acts
of violence.
5.
Obstructs, either singly or together with other persons, the flow
of vehicular or pedestrian traffic in a public way and refuses to
clear such public way when ordered to do so by the City Police.
6.
Resists, by using or threatening the use of violence or physical
force, the performance of duties by City Police or any other authorized
official of the City, when known to be such an official, or flees
to evade apprehension or arrest from City Police or any other authorized
official of the City, when known to be such an official.
7.
Obstructs, either by action or inaction, the performance of duties
by City Police or any other authorized official of the City when known
to be such an official.
8.
Incites, attempts to incite or is involved in attempting to incite
a riot.
9.
Addresses words to any member of the City Police Department, any
other authorized official of the City who is engaged in the lawful
performance of his or his duties or any other person when such words
by their very utterance tend to incite violence. Words merely causing
displeasure, annoyance or resentment are not prohibited.
10.
Damages, befouls or disturbs public property or the property of another
so as to create a hazardous, unhealthy or physically offensive condition.
11.
Makes or causes to be made any loud or boisterous noise or disturbance
on or in any public place whereby the public peace is broken or disturbed.
12.
Fails to obey a lawful order to disperse by a Police Officer, when
known to be such an official, where one (1) or more persons are committing
acts of disorderly conduct in the immediate vicinity, and the public
health and safety is imminently threatened.
C.
Exemptions.
This Section shall not be construed to suppress the right to lawful
assembly, picketing, public speaking or other lawful means of expressing
public opinion not in contravention of other laws.
D.
Any
person who is convicted of violation of this Section shall be up to
five hundred dollars ($500.00) and/or up to ninety (90) days in jail
for each such violation.
