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City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
[R.O. 1991 § 205.660; Ord. No. 2959-16, 12-20-2016]
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.
[R.O. 1991 § 205.670; Ord. No. 2959-16, 12-20-2016]
A. 
A person commits the offense of peace disturbance if he or she:
1. 
Unreasonably and knowingly disturbs or alarms another person or persons by:
a. 
Loud noise; or
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; or
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; or
d. 
Fighting; or
e. 
Creating a noxious and offensive odor.
2. 
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.
[R.O. 1991 § 205.680; Ord. No. 2959-16, 12-20-2016]
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 an offense against any person; or
2. 
Fighting.
B. 
For purposes of this Section, if a building or structure is divided into separately occupied units, such units are separate premises.
[R.O. 1991 § 205.690; Ord. No. 2959-16, 12-20-2016]
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.
[R.O. 1991 § 205.700; Ord. No. 2959-16, 12-20-2016]
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.
[R.O. 1991 § 205.710; Ord. No. 2959-16, 12-20-2016]
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.
[R.O. 1991 § 205.720; Ord. No. 2959-16, 12-20-2016]
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 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 on the public streets or follows pedestrians for the purpose of soliciting alms or who solicits alms on the public streets unlawfully.
8. 
Frequents or loiters about any public place soliciting men for the purpose of committing a crime against nature or other lewdness.
9. 
Causes a disturbance in any railroad car, omnibus or other public conveyance by running through it, climbing through windows or upon the seats or otherwise annoying passengers or employees therein.
10. 
Stands on sidewalks or street corners and makes insulting remarks to or about passing pedestrians or annoys such pedestrians.
11. 
Is engaged in some illegal occupation or who bears an evil reputation and with an unlawful purpose consorts with thieves and criminals or frequents unlawful resorts.
12. 
In any prosecution under Subsection (A)(11) of this Section, the fact that the defendant is engaged in an illegal occupation or bears an evil reputation and is found consorting with persons of like evil reputation, thieves or criminals shall be prima facie evidence that such consorting was for an unlawful purpose.
13. 
Looks, peers or peeps into or is found loitering around or within view of any window not on his own property with the intent of watching or looking through such window.
14. 
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.
[R.O. 1991 § 205.730; Ord. No. 2959-16, 12-20-2016]
A. 
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.
B. 
A person commits the offense of disrupting a house of worship if such person:
1. 
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
2. 
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.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
[R.O. 1991 § 205.740; Ord. No. 2959-16, 12-20-2016]
A. 
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.
B. 
Definitions. As used in this Section, the following terms mean:
FUNERAL and BURIAL SERVICE
The ceremonies and memorial services held in conjunction with the burial or cremation of the dead, but this Section does not apply to processions while they are in transit beyond any 300-foot zone that is established under Subsection (A) above.
OTHER PROTEST ACTIVITIES
Any action that is disruptive or undertaken to disrupt or disturb a funeral or burial service.
C. 
The offense of unlawful funeral protest shall be an ordinance violation.
[R.O. 1991 § 205.750; Ord. No. 2959-16, 12-20-2016]
It shall be unlawful for two (2) or more persons in any public place to voluntarily or by agreement to engage in any fight or use any blows or violence toward each other.
[R.O. 1991 § 205.760; Ord. No. 2959-16, 12-20-2016]
A. 
No person in the City shall have the status or condition of "vagrant." The following persons shall be deemed vagrants:
1. 
No Lawful Means Of Support. Any person having no lawful means of employment and having no lawful means of support realized solely from lawful occupation or sources; or any person who lives idly and without visible means of support.
2. 
Loitering. Any person 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 conducting himself in a lewd, wanton or lascivious manner in speech or behavior.
3. 
Unlawful Occupancy. Any person wandering abroad and occupying, lodging or sleeping 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 without 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 satisfactory account of himself.
4. 
Begging. Any person wandering abroad and begging; or any person who goes about from door to door of private homes or commercial and business establishments or places himself in or upon any public way or public place to beg or receive alms for himself.
5. 
Abroad At Unusual Hours. Any person who wanders about the streets, alleys or other public ways or places, or who is found abroad at late or unusual hours in the night without any visible or lawful business and not giving a satisfactory account of himself.
6. 
Illegal Association. Any person who keeps, operates, frequents, lives in or is employed in any house or other establishment of ill fame, or who (whether married or single) engages in or commits acts of fornication or perversion for hire.
7. 
Illegal Employment. Any person who frequents or loafs, loiters or idles in or around or is the occupant of or is employed in any gambling establishment or establishment where intoxicating liquor is sold without a license.
8. 
Fraudulent Schemes. Any person who shall engage in any fraudulent scheme, device or trick to obtain money or other valuable thing from others; or any person who aids or assists such trick, device or scheme.
9. 
All persons who by common law are vagrants, whether embraced in any of the foregoing classifications or not.