City of Grain Valley, MO Offenses Against The Public Order

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

Fighting; or

Creating a noxious and offensive odor.

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:

Vehicular or pedestrian traffic; or

The free ingress or egress to or from a public or private place.

Section 215.375 Private Peace Disturbance.

[R.O. 1996 § 215.375; Ord. No. 836 § 16-153, 2-8-1993]

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:

Threatening to commit an offense against any person; or

Fighting.

For purposes of this Section, if a building or structure is divided into separately occupied units, such units are separate premises.

Section 215.380 Disorderly Conduct.

[R.O. 1996 § 215.380; Ord. No. 836 § 16-154, 2-8-1993; Ord. No. 1979, 7-14-2008]

A person shall be guilty of disorderly conduct if he or she:

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.

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.

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.

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.

Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another.

Interferes with another's pursuit of a lawful occupation by acts of violence.

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.

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.

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.

Section 215.385 Unlawful Assembly.

[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.

Section 215.390 Rioting.

[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.

Section 215.395 Refusal To Disperse.

[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.

Section 215.400 Prohibition Against Maintaining A Nuisance Property.

[R.O. 1996 § 215.400; Ord. No. 836 § 16-158, 2-8-1993; Ord. No. 2371 § 1, 11-23-2015]

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.

As used herein, the expression "illegal activity upon, or nuisance related to" any property means:

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;

Possession, sale or distribution of unlawful substances, products or services upon the property by any person upon the property;

Knowing failure to report the unlawful possession, sale or distribution of drugs or alcohol by third parties upon the property;

Possession, storage, sale or other transfer of stolen property or other contraband within the property by any person upon the property; or

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.

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.

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.

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.

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.

Section 215.405 Nuisance In Places Open To Public View.

[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.

Section 215.410 Weapons — Carrying Concealed — Other Unlawful Use.

[R.O. 1996 § 215.410; Ord. No. 2369 § 1, 10-12-2015; Ord. No. 2405 § 1, 3-27-2017]

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:

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

Sets a spring gun; or

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

Exhibits, in the presence of one (1) or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

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

Discharges a firearm within one hundred (100) yards of any occupied schoolhouse, courthouse, or church building; or

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

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

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.

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:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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;

Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;

Members of the armed forces or National Guard while performing their official duties;

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;

Any person whose bona fide duty is to execute process, civil or criminal;

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;

Any State Probation or Parole Officer, including supervisors and members of the Board of Probation and Parole;

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.;

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.

Penalty.

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.

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.

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.

Section 215.415 Firearms In City Buildings.

[R.O. 1996 § 215.415; Ord. No. 1599 § 1, 10-27-2003]

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.

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.

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.

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.

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.

Section 215.420 Discharging Air Gun, Etc.

[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.

Section 215.425 Regulation Of Laser Pointers.

[R.O. 1996 § 215.425; Ord. No. 1248 §§ 1 — 2, 3-22-1999; Ord. No. 2420, 5-8-2023]

Generally.

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.

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.

Penalty. Upon conviction thereof, any person violating this Section shall be subject to the penalties set forth in Section 100.110, General Penalty.

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.

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.

Illumination Of Uniformed Officers Prohibited.

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.

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.

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.

Section 215.430 Obstructing Public Places. [1]

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:

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;

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 fails or refuses to obey such orders shall be guilty of a violation of this Section.

[1]

Editor's Note: R.O. 1996 § 215.430, Vagrancy, was repealed by the City during the 2022 recodification project and was replaced with the provisions herein.