[R.O. 1996 § 215.365; Ord. No. 836 § 16-151, 2-8-1993]
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.
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. 1996 § 215.370]
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, including any permitted excavation, permitted site
grading, permitted site construction work, and any permitted building
construction activity not completely contained within an enclosed
building, is only allowed between the hours of 7:00 A.M. and 6:00
P.M., Monday through Friday, this excludes Federal holidays that fall
within Monday through Friday. An after-hours work permit approved
by the Building Official is required and must be on-site if work needs
to occur before 7:00 A.M. or after 6:00 P.M., Monday through Friday,
Saturday and Sunday or any Federal holiday. An after-hours work permit
is NOT required for construction activity that does not require a
permit.
[Ord. No. 2447, 4-8-2024; Ord.
No. 2451, 6-10-2024]
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
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. 1996 § 215.375; Ord. No. 836 § 16-153, 2-8-1993]
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
B. For
purposes of this Section, if a building or structure is divided into
separately occupied units, such units are separate premises.
[R.O. 1996 § 215.380; Ord. No. 836 § 16-154, 2-8-1993; Ord. No. 1979, 7-14-2008]
A. A person shall be guilty of disorderly
conduct if he or she:
1.
Resists or obstructs the performance
of duties by City Police or any other authorized official of the City
when known to be such an official.
2.
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.
3.
Commits an act in a violent and tumultuous
manner towards another person whereby that person is placed in danger
of his/her life, limb or health.
4.
Commits and act in a violent and
tumultuous manner toward another person whereby the property of any
person is placed in danger of being destroyed or damaged.
5.
Causes, provokes or engages in any
fight, brawl or riotous conduct so as to endanger the life, limb,
health or property of another.
6.
Interferes with another's pursuit
of a lawful occupation by acts of violence.
7.
Obstructs, either singly or together
with other persons, the flow of vehicular or pedestrian traffic and
refuses to clear such public way when ordered to do so by the City
Police or other lawful authority known to be such.
8.
A person is in a public place under
the influence of intoxicating liquor or drug(s) in such condition
as to be unable to exercise care for his/her own safety or the safety
of others.
9.
Incites, or attempts to incite, or
is involved in attempting to incite a riot.
10.
Addresses abusive language or threats
to any member of the City Police Department, any other authorized
official of the City who is engaged in the lawful performance of his/her
duties or any other person when such words have a direct tendency
to cause the acts of violence.
11.
Uses abusive or obscene language
or makes an obscene gesture.
[R.O. 1996 § 215.385; Ord. No. 836 § 16-155, 2-8-1993]
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 City, this State, or of the United States of America
with force or violence.
[R.O. 1996 § 215.390; Ord. No. 836 § 16-156, 2-8-1993]
A person commits the offense of rioting
if he/she knowingly assembles with six (6) or more persons and agrees
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, does violate any of said
laws with force and violence.
[R.O. 1996 § 215.395; Ord. No. 836 § 16-157, 2-8-1993]
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. 1996 § 215.400; Ord. No. 836 § 16-158, 2-8-1993; Ord. No. 2371 § 1, 11-23-2015]
A. It shall be unlawful for any owner, occupant,
or other person or legal entity with a lawful right to the use and
enjoyment of any property to knowingly fail to abate any illegal activity
upon, or nuisance related to, the property so owned, occupied or to
which a legal right exists.
B. As used herein, the expression "illegal
activity upon, or nuisance related to" any property means:
1.
Any activity which can cause hurt,
inconvenience or damage or otherwise interfere with the enjoyment
of life or property or cause danger to the public by any person upon
the property;
2.
Possession, sale or distribution
of unlawful substances, products or services upon the property by
any person upon the property;
3.
Knowing failure to report the unlawful
possession, sale or distribution of drugs or alcohol by third parties
upon the property;
4.
Possession, storage, sale or other
transfer of stolen property or other contraband within the property
by any person upon the property; or
5.
Any other activity classified as
a violation, misdemeanor, or felony under any applicable municipal,
county, State or Federal law by any person upon the property.
C. Upon receipt of written notice from Law Enforcement Authorities that a specific unlawful activity or nuisance has occurred upon the property, the owner, occupant or other person with the legal right to the use and possession of that property shall cooperate with Law Enforcement Officials by immediately taking such steps as are detailed in the written notice aimed at abatement of the nuisance or unlawful activity so described, including, but not limited to, the institution of legal process to evict wrongdoer tenants, the posting of property against trespassers, or such other actions as are necessary, efficient or prudent. Refusal to cooperate with the valid law enforcement request for assistance shall constitute knowing failure to abate the nuisance or unlawful activity upon the property as prohibited in Subsection
(A). Upon receipt of written notice from Law Enforcement Authorities, the property owner/occupants have sixty (60) days to resolve the issue.
D. Nothing contained herein shall be read
or construed as preventing Law Enforcement Officials from foregoing
commencement of action under this Section when, in the judgment of
such officials, it would be more appropriate to commence action under
relevant State criminal or civil law.
E. In addition to the remedies set out hereinabove,
the City Counselor is authorized to bring and maintain a civil proceeding
in the name of the City of Grain Valley in any court or competent
jurisdiction to permanently enjoin the maintenance of a nuisance or
the continuation of unlawful activity upon any property within the
corporate City limits of the City of Grain Valley and/or for condemnation.
In the event an action of condemnation is commenced, the City Counselor
may cause the actual cause of nuisance abatement activities by law
enforcement to be introduced at trial as an offset against fair market
value of the property as provided by law.
F. In addition to public remedies as set out
hereinabove, any person adversely affected by such prohibited activities
may, in addition to any other remedy available in law or equity, apply
to any court of competent jurisdiction for any order permanently enjoining
the continued maintenance of a nuisance or of unlawful activity upon
any property within the corporate limits of the City of Grain Valley.
[R.O. 1996 § 215.405; Ord. No. 836 § 16-159, 2-8-1993]
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 Grain Valley by emptying, discharging,
or evacuating ordure or urine thereon.
[R.O. 1996 § 215.410; Ord. No. 2369 § 1, 10-12-2015; Ord. No. 2405 § 1, 3-27-2017]
A. A person commits the ordinance violation
of unlawful use of weapons, except as otherwise provided by Sections
571.101 to 571.121, RSMo., if he or she knowingly:
1.
Carries concealed upon or about his
or her person a knife, a firearm, a blackjack or any other weapon
readily capable of lethal use into any area where firearms are restricted
under Section 571.107, RSMo.; or
3.
Discharges or shoots a firearm into
a dwelling house, a railroad train, boat, aircraft, or motor vehicle
as defined in Section 302.010, RSMo., or any building or structure
used for the assembling of people; or
4.
Exhibits, in the presence of one
(1) or more persons, any weapon readily capable of lethal use in an
angry or threatening manner; or
5.
Has a firearm or projectile weapon
readily capable of lethal use on his or her person, while he or she
is intoxicated and handles or otherwise uses such firearm or projectile
weapon in either a negligent or unlawful manner or discharges such
firearm or projectile weapon unless acting in self-defense; or
6.
Discharges a firearm within one hundred
(100) yards of any occupied schoolhouse, courthouse, or church building;
or
7.
Discharges or shoots a firearm at
a mark, at any object, or at random, on, along or across a public
highway or discharges or shoots a firearm into any outbuilding; or
8.
Carries a firearm or other weapon
readily capable of lethal use into any church or place where people
have assembled for worship, or into any election precinct on any election
day, or into any building owned or occupied by any agency of the Federal
government, State government, or political subdivision thereof (including
any meeting of the Board of Aldermen and any legislative or administrative
committee of the City of Grain Valley); or
9.
Discharges or shoots a firearm at
or from a motor vehicle, as defined in Section 301.010, RSMo., while
within the City, or discharges or shoots a firearm at any person,
or at any other motor vehicle, or at any building or habitable structure,
unless the person was lawfully acting in self-defense; or
10.
Carries a firearm, whether loaded
or unloaded, or any other weapon readily capable of lethal use into
any school, onto any school bus, or onto the premises of any function
or activity sponsored or sanctioned by school officials or the district
school board; or
11.
Possesses a firearm while also knowingly
in possession of a controlled substance that is sufficient for a felony
violation of Section 579.015, RSMo.
B. No Missouri lifetime or extended concealed
carry permit or any such permit issued by any other state, shall authorize
any person to carry concealed firearms into:
1.
Any police, sheriff, or highway patrol
office or station without the consent of the Chief Law Enforcement
Officer in charge of that office or station. Possession of a firearm
in a vehicle on the premises of the office or station shall not be
a criminal offense so long as the firearm is not removed from the
vehicle or brandished while the vehicle is on the premises.
2.
Within twenty-five (25) feet of any
polling place on any election day. Possession of a firearm in a vehicle
on the premises of the polling place shall not be a criminal offense
so long as the firearm is not removed from the vehicle or brandished
while the vehicle is on the premises.
3.
The facility of any adult or juvenile
detention or correctional institution, prison, or jail. Possession
of a firearm in a vehicle on the premises of any adult, juvenile detention,
or correctional institution, prison or jail shall not be a criminal
offense so long as the firearm is not removed from the vehicle or
brandished while the vehicle is on the premises.
4.
Any courthouse solely occupied by the Circuit, Appellate or Supreme Court, or any courtrooms, administrative offices, libraries, or other rooms of any such court whether or not such court solely occupies the building in question. This Subsection shall also include, but not be limited to, any juvenile, family, drug, or other court offices, any room or office wherein any of the courts or offices listed in this Subsection are temporarily conducting any business within the jurisdiction of such courts or offices, and such other locations in such manner as may be specified by Supreme Court Rule under Subdivision (6) of Subsection (1) of Section 571.107, RSMo. Nothing in this Subsection shall preclude those persons listed in Subsection
(C)(1) of this Section while within their jurisdiction and on duty, those persons listed in Subsection
(C)(2),
(4), and
(10) of this Section, or such other persons who serve in a law enforcement capacity for a court as may be specified by Supreme Court Rule under Subdivision (6) of Subsection (1) of Section 571.107, RSMo., from carrying a concealed firearm within any of the areas described in this Subsection. Possession of a firearm in a vehicle on the premises of any of the areas listed in this Subsection shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.
5.
Any meeting of the Governing Body
or committee thereof of a unit of local government, except that nothing
in this Subsection shall preclude a member of the body holding a valid
Missouri lifetime or extended concealed carry permit from carrying
a concealed firearm at a meeting of the body which he or she is a
member. Possession of a firearm in a vehicle on the premises shall
not be a criminal offense so long as the firearm is not removed from
the vehicle or brandished while the vehicle is on the premises.
6.
Any portion of a building owned, leased, or controlled by the City of Grain Valley, Missouri. Any portion of a building in which the carrying of concealed firearms is prohibited or limited shall be clearly identified by signs posted at the entrance to the restricted area, as provided in Subsection
(B)(13), below.
7.
Any establishment licensed to dispense
intoxicating liquor for consumption on the premises, which portion
is primarily devoted to that purpose, without the consent of the owner
or manager. The provisions of this Subsection shall not apply to the
licensee of said establishment. The provisions of this Subsection
shall not apply to any bona fide restaurant open to the general public
having dining facilities for not less than fifty (50) persons, and
that receives at least fifty-one percent (51%) of its gross annual
income from the dining facilities by the sale of food. This Subsection
does not prohibit the possession of a firearm in a vehicle on the
premises of the establishment and shall not be a criminal offense
so long as the firearm is not removed from the vehicle or brandished
while the vehicle is on the premises.
8.
Any area of an airport to which access
is controlled by the inspection of persons and property. Possession
of a firearm in a vehicle on the premises of the airport shall not
be a criminal offense so long as the firearm is not removed from the
vehicle or brandished while the vehicle is on the premises.
9.
Any place where the carrying of a
firearm is prohibited by Federal law.
10.
Any higher education institution
or elementary or secondary school facility without the consent of
the governing body of the higher education institution or school official
or the district school board, unless the person with the Missouri
lifetime or extended concealed carry permit is a teacher or administrator
of an elementary or secondary school who has been designated by his
or her school district as a school protection officer and is carrying
a firearm in a school within that district, in which case no consent
is required. Possession of a firearm in a vehicle on the premises
of any higher education institution or elementary or secondary school
facility shall not be a criminal offense so long as the firearm is
not removed from the vehicle or brandished while the vehicle is on
the premises.
11.
Any portion of a building used as
a child-care facility without the consent of the manager. Nothing
in this Subsection shall prevent the operator of a child-care facility
in a family home from owning or possessing a firearm or a Missouri
lifetime or extended concealed carry permit.
12.
Any church or other place of religious
worship without the consent of the minister or person or persons representing
the religious worship organization that exercises control over the
place of religious worship. Possession of a firearm in a vehicle on
the premises shall not be a criminal offense so long as the firearm
is not removed from the vehicle or brandished while the vehicle is
on the premises.
13.
Any private property whose owner
has posted the premises as being off-limits to concealed firearms
by means of one (1) or more signs displayed in a conspicuous place
of a minimum size of eleven (11) inches by fourteen (14) inches with
the writing thereon in letters of not less than one (1) inch. The
owner, business or commercial lessee, manager of a private business
enterprise, or any other organization, entity, or person may prohibit
persons holding a Missouri lifetime or extended concealed carry permit
from carrying concealed firearms on the premises and may prohibit
employees, not authorized by the employer, holding a Missouri lifetime
or extended concealed carry permit from carrying concealed firearms
on the property of the employer. If the building or the premises are
open to the public, the employer of the business enterprise shall
post signs on or about the premises if carrying a concealed firearm
is prohibited. Possession of a firearm in a vehicle on the premises
shall not be a criminal offense so long as the firearm is not removed
from the vehicle or brandished while the vehicle is on the premises.
An employer may prohibit employees or other persons holding a Missouri
lifetime or extended concealed carry permit from carrying a concealed
firearm in vehicles owned by the employer.
14.
Any sports arena or stadium with
a seating capacity of five thousand (5,000) or more. Possession of
a firearm in a vehicle on the premises shall not be a criminal offense
so long as the firearm is not removed from the vehicle or brandished
while the vehicle is on the premises.
15.
Any hospital accessible by the public.
Possession of a firearm in a vehicle on the premises of a hospital
shall not be a criminal offense so long as the firearm is not removed
from the vehicle or brandished while the vehicle is on the premises.
C. This Section shall not apply to or affect
any of the following persons, which such uses are reasonably associated
with or are necessary to the fulfillment of such person's official
duties, except as otherwise provided in this Subsection:
1.
All State, County and Municipal Law
Enforcement Officers who have completed the training required by the
Police Officers Standards and Training Commission pursuant to Sections
590.030 to 590.050, RSMo., and possessing the duty and power of arrest
for violation of the general criminal laws of the State or for violation
of ordinances of counties or municipalities of the State, whether
such officers are on or off duty, and whether such officers are within
or outside of the Law Enforcement Agency's jurisdiction, or any person
summoned by such officers to assist in making arrest or preserving
the peace while actually engaged in assisting such officer;
2.
Wardens, superintendents and keepers
of prisons, penitentiaries, jails and other institutions for the detention
of persons accused or convicted of crime;
3.
Members of the armed forces or National
Guard while performing their official duties;
4.
Those persons vested by Article
V, Section 1, of the Constitution of the State with the judicial power of the State and those persons vested by Article III of the Constitution of the United States with the judicial power of the United States, the members of the Federal judiciary;
5.
Any person whose bona fide duty is
to execute process, civil or criminal;
6.
Any Federal Probation Officer or
Federal Flight Deck Officer as defined under the Federal Flight Deck
Officer Program, 49 U.S.C. § 44921, regardless of whether
such officers are on duty, or within the Law Enforcement Agency's
jurisdiction;
7.
Any State Probation or Parole Officer,
including supervisors and members of the Board of Probation and Parole;
8.
Any corporate security advisory meeting
the definition and fulfilling the requirements of the regulations
established by the Department of Public Safety under Section 590.750,
RSMo.;
9.
Any coroner, deputy coroner, medical
examiner, or assistant medical examiner;
10.
Any municipal or county prosecuting
attorney or assistant prosecuting attorney; municipal, associate,
or circuit judge; or any person appointed by a court to be a special
prosecutor who has completed the firearms safety training course required
under Subsection 2 of Section 571.111, RSMo.;
11.
Any member of the Fire Department
who is employed on a full-time basis as a fire investigator and who
has a valid concealed carry endorsement issued prior to Section 571.111,
RSMo., when such uses are reasonably associated with or are necessary
to the fulfillment of such person's official duties;
12.
Nothing in this Section shall make
it unlawful for a student to actually participate in school-sanctioned
gun safety courses, student military or ROTC courses, or other school-sponsored
firearm-related events, provided the student does not carry a firearm
or other weapon readily capable of lethal use into any school, onto
any school bus, or onto the premises of any function or activity sponsored
or sanctioned by school officials or the district school board.
D. Penalty.
1.
Any person found guilty of violating
any provisions of this Section shall not be guilty of an offense,
but the violator shall be subject to immediate removal from the premises,
business or building.
2.
If the person refuses to leave upon
request of the owner, manager or authorized person, and the Police
Department is summoned to assist in the removal, the person found
to have refused to leave the premises may be cited by general ordinance
summons for such failure to leave and may be required to appear in
the Grain Valley Municipal Court. Upon conviction, the violating person
may be fined a maximum of one hundred ($100.00) for the first violation;
two hundred ($200.00) for any subsequent violation within six (6)
months of the first violation; and a maximum of five hundred ($500)
for any third or subsequent violation.
3.
In addition, said violating person may be charged with other applicable ordinance violations, including trespass, disorderly conduct, and other specific code violations. The Court may impose penalties for such violations as set forth in the City's general penalty provision, Section
100.110 herein.
[R.O. 1996 § 215.415; Ord. No. 1599 § 1, 10-27-2003]
A. No person who has been issued a concealed
carry endorsement by the Missouri Director of Revenue under Sections
571.101 to 571.121, RSMo., or who has been issued a valid permit or
endorsement to carry concealed firearms issued by another State or
political subdivision of another State shall, by authority of that
endorsement or permit, be allowed to carry a concealed firearm or
to openly carry a firearm in any building or portion of a building
owned, leased or controlled by the City.
B. Signs shall be posted at each entrance
of a building entirely owned, leased or controlled by the City stating
that carrying of firearms is prohibited. Where the City owns, leases
or controls only a portion of a building, signs shall be posted at
each entrance to that portion of the building stating that carrying
of firearms is prohibited.
C. This Section shall not apply to buildings
used for public housing by private persons, highways or rest areas,
firing ranges or private dwellings owned, leased or controlled by
the City.
D. Any person violating this Section may be
denied entrance to the building or ordered to leave the building.
Any City employee violating this Section may be disciplined. Persons
who refuse to leave the building may be issued a summons for violation
of applicable municipal ordinances.
E. No person who has been issued a certificate
of qualification which allows the person to carry a concealed firearm
before the Director of Revenue begins issuing concealed carry endorsements
in July, 2004, shall, by authority of that certificate, be allowed
to carry a concealed firearm or to openly carry a firearm in any building
or portion of a building owned, leased or controlled by the City.
[R.O. 1996 § 215.420]
Any person within the limits of this
City, who shall discharge any cat gun, spring gun, air gun, or shall
shoot any pebble, bullet, slug or other hard substance by means of
a sling, crossbow, rubber band or bow or any other means shall be
deemed guilty of an ordinance violation.
[R.O. 1996 § 215.425; Ord. No. 1248 §§ 1 — 2, 3-22-1999; Ord. No. 2420, 5-8-2023]
A. Generally.
1.
Possession By Minors Prohibited.
It shall be unlawful for any person under the age of eighteen (18)
to possess a laser pointer except in the residence of that person.
All laser pointers in the possession of a minor are deemed contraband,
subject to seizure by any duly authorized Peace Officer with or without
process or warrant and shall be subject to forfeiture.
2.
Affirmative Defense. It shall be a defense to Subsection
(A)(1) where the laser pointer would have been or was used for a valid school approved or employment purpose and under the direct supervision of a school staff person, instructor, employer, parent, guardian or other responsible adult.
3.
Penalty. Upon conviction thereof, any person violating this Section shall be subject to the penalties set forth in Section
100.110, General Penalty.
B. Illumination Of Persons Prohibited. It
shall be unlawful for any person to use a laser pointer in such a
manner that the laser beam illuminates on any other person lending
to reasonable anger, alarm, arouse or cause resentment in that other
person.
C. Illumination Of Vehicle Operators Prohibited.
It shall be unlawful for any person to use a laser pointer in such
a manner that the laser beam illuminates the operator of a motor vehicle.
D. Illumination Of Uniformed Officers Prohibited.
1.
It shall be unlawful for any person
to use a laser pointer in such a manner that the laser beam illuminates
a uniformed Police Officer, uniformed security guard, uniformed school
safety officer, uniformed firefighter, uniformed ambulance worker,
uniformed public safety officer, uniformed animal control officer,
uniformed parking control member or the marked service vehicle of
any of the above listed persons.
2.
For purposes of Subsection
(A), "laser pointer" is any device which emits light amplified by the stimulated emission of radiation that is visible to the human eye and designed to be used as a pointer or highlighted to indicate, mark or identify a specific position or place, including but not limited to Class 2 lasers, Class 3a and 3b lasers, and Class 4 lasers.
3.
Penalty. Any violation of the above provisions shall be punishable in accordance with Section
100.110 of the Code of the City of Grain Valley.
A. 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.
B. 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:
1.
Obstruct any public street, public highway, public sidewalk
or any other public place or building by hindering or impeding or
tending to hinder or impede the free and uninterrupted passage of
vehicles, traffic or pedestrians;
2.
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;
3.
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.
C. 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 fails or refuses to obey such orders shall be guilty
of a violation of this Section.