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City of Pacific, MO
Franklin County
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Table of Contents
Table of Contents
[Ord. No. 2903 §1, 6-3-2014]
A. 
It shall be unlawful for any person under the age of twenty-one (21) years to purchase or attempt to purchase or have in his or her possession any intoxicating liquor as defined in Section 311.020, RSMo., or who is visibly intoxicated as defined in Section 577.001, RSMo., or has a detectable blood alcohol content of more than two-hundredths of one percent (.02%) or more by weight of alcohol in such person's blood. For purposes of prosecution under this Section or any other provision of this Chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twenty-one (21) years of age, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor. Visibly intoxicated includes when a person is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.
B. 
For purposes of determining violations of any provision of this Section or of any rule or regulation of the Supervisor of Alcohol and Tobacco Control, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.
C. 
Open House Parties — Allowing Minors To Drink.
1. 
Any owner, occupant or other person or legal entity with a lawful right to the exclusive use and enjoyment of any property who knowingly allows a person under the age of twenty-one (21) to drink or possess intoxicating liquor or knowingly fails to stop a person under the age of twenty-one (21) from drinking or possessing intoxicating liquor on such property, unless such person allowing the person under the age of twenty-one (21) to drink and possess intoxicating liquor, is his or her parent or legal guardian, is deemed to be in violation of this Section.
2. 
It shall be a defense to prosecution under this Subsection if:
a. 
The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit or an employee thereof;
b. 
The defendant sold the intoxicating liquor to the minor with reasonable cause to believe that the minor was twenty-one (21) or more years of age; and
c. 
To purchase the intoxicating liquor, the person exhibited to the defendant a driver's license, Missouri non-driver's identification card or other official or apparently official document containing a photograph of the minor and purporting to establish that such minor was twenty-one (21) years of age and of the legal age for consumption of intoxicating liquor.
[CC 1976 §22-61]
Any person who shall obstruct the entrance to any building by sitting or standing in or about such entrance and there remain spending his time, and refuse to move or vacate such place when requested to do so by the owner or occupant of such building or by any Police Officer of the City, shall be deemed guilty of an offense.
[CC 1976 §22-63; Ord. No. 1606, §1, 10-1-1991; Ord. No. 2581 §1, 2-5-2008]
A. 
A person commits the offense of harassment if such person takes one (1) of the following actions and knows, or should reasonably know, that such action would cause a reasonable person to fear for their physical safety or the safety of a member of their immediate family or would cause a reasonable person to suffer substantial emotional distress:
1. 
Communicates in writing or by telephone or electronic communications device a threat to commit any felony; or
2. 
Makes a telephone call or communicates in writing or by electronic communications device and uses coarse language offensive to one of average sensibility; or
3. 
Makes a telephone call or electronic communication anonymously or under false identification; or
4. 
Makes repeated telephone calls or electronic communications. This shall include instances in which a single action by a person causes repeated calls or electronic communications to be transmitted to another person.
B. 
This Section shall not apply to any activity to the extent such activity is protected by the Constitution of the United States or of the State of Missouri.
C. 
For the purposes of this Section and Section 210.265, the following terms shall have the following meanings:
ELECTRONIC COMMUNICATIONS DEVICE
Any instrument, equipment, machine or other device that facilitates telecommunication including, but not limited to, a computer, computer network, computer chip, computer circuit, scanner, telephone, cellular telephone, pager, personal communications device, transponder, receiver, radio, modem or device that enables the use of a modem.
ELECTRONIC COMMUNICATIONS
The originations, emission, dissemination, transmission or reception of data, images, signals, sounds or other intelligence or equivalence of intelligence of any nature over any communications system by any method including, but not limited to, a fiber optic, electronic, magnetic, optical, digital or analog method. By way of example, "electronic communication" includes, but is not limited to: electronic mail (e-mail), Internet-based communications, pager service and electronic text messaging.
[Ord. No. 2581 §1, 2-5-2008]
A person commits the offense of solicitation of harassment if such person makes a telephone call, written communication or electronic communication to a third (3rd) party with a purpose to instigate, urge or incite that third (3rd) party to commit a violation of Section 210.260.
[RSMo. §571.020]
A. 
A person commits an offense if he knowingly possesses, manufactures, transports, repairs, or sells:
1. 
A switchblade knife;
2. 
A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm; or
3. 
Knuckles.
B. 
A person does not commit a offense under this Section if his conduct:
1. 
Was incident to the performance of official duty by the armed forces, national guard, a governmental law enforcement agency, or a penal institution; or
2. 
Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in subdivision (1) of this Subsection; or
3. 
Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; or
4. 
Was incident to displaying the weapon in a public museum or exhibition; or
5. 
Was incident to dealing with the weapon solely as a curio, ornament, or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance.
[Ord. No. 2324 §1, 2-18-2003]
It is unlawful to possess anhydrous ammonia in any quantity in any container other than a tank truck, tank trailer, rail tank car, bulk storage tank, field (nurse) tank or field applicator or any container approved for anhydrous ammonia by the Department of Agriculture of the United States Department of Transportation.
[RSMo. §571.030.1]
A. 
A person commits the offense of unlawful use of weapons if he knowingly:
1. 
Carries concealed upon or about his person a knife, firearm, a blackjack or any other weapon readily capable of lethal use; or
2. 
Sets a spring gun; or
3. 
Exhibits, in the presence of one (1) or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or
4. 
Possesses or discharges a firearm or projectile weapon while intoxicated; or
5. 
Discharges a firearm within one hundred (100) yards of any occupied school house, courthouse, or church building; or
6. 
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
7. 
Discharges or shoots a firearm within the City limits.
[RSMo. §571.060]
A. 
A person commits the offense of unlawful transfer of weapons if he:
1. 
Knowingly sells, leases, loans, gives away or delivers a blackjack to a person less than eighteen years old without the consent of the child's custodial parent or guardian, or recklessly, as defined in section 562.016, RSMo, sells, leases, loans, gives away or delivers any firearm to a person less than eighteen (18) years old without the consent of the child's custodial parent or guardian; provided, that this does not prohibit the delivery of such weapons to any peace officer or member of the armed forces or National Guard while performing his official duty; or
2. 
Recklessly, as defined in Section 562.016, RSMo, sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to a person who is intoxicated.
[RSMo. §571.080]
A. 
A person commits the offense of transfer of a concealable firearm without a permit if:
1. 
He buys, leases, borrows, exchanges or otherwise receives any concealable firearm, unless he first obtains and delivers to the person delivering the firearm a valid permit authorizing the acquisition of the firearm; or
2. 
He sells, leases, loans, exchanges, gives away or otherwise delivers any concealable firearm, unless he first demands and receives from the person receiving the firearm a valid permit authorizing such acquisition of the firearm.
B. 
A permit to acquire a concealable firearm shall only be valid for thirty days after the issuance thereof.
C. 
Subsection (A) of this Section shall not apply to the acquisition by or transfer of concealable firearms among manufacturers, wholesalers or retailers of firearms for purposes of commerce; nor shall it apply to antique firearms or replicas thereof. The term "antique firearm" means any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
[Ord. No. 2381 §1, 5-4-2004]
Notwithstanding any prohibition in this Article, nothing herein shall prohibit the lawful carrying of a concealed firearm by endorsement holders to the extent such right is granted thereto by Statute and not subject to prohibition by local ordinance. The maximum penalty for violation of any provision shall be the maximum as provided for other violations of this Code, except as such penalty may be limited by Statute. To the extent required by law for the enforcement of any requirement herein as to an endorsement holder, the posting of signs prohibiting the carrying of concealed weapons shall be displayed at the entrances to such buildings or property. For purposes of this Section, an "endorsement holder" shall be such person who lawfully maintains a concealed weapons permit and endorsement as authorized by Sections 571.101 to 571.121, RSMo.
[Ord. No. 648 §1, 8-6-1952; CC 1976 §22-74]
Any person within the City, unless authorized to do so, who shall fire off or discharge any rifle, shotgun, carbine, musket, pistol, revolver or other firearm, spring gun or air gun, or who shall throw any pebble or other hard substance by hand, or by means of a sling, crossbow, India rubber band or bow or by any other means, shall be deemed guilty of an offense.
[Ord. No. 718 §1, 8-2-1955; CC 1976 §22-76]
No person shall abandon, discard or knowingly permit to remain on premises under his control in a place accessible to children, any abandoned or discarded icebox, refrigerator or other airtight or semi-airtight container which has a capacity of one and one half (1½) cubic feet or more, an opening of fifty (50) square inches or more, and a door or lid equipped with a hinge, latch or other fastening device capable of securing such door or lid, without rendering such equipment harmless to human life by removing such hinge, latch or other hardware which may cause a person to be confined therein. This Section shall not apply to an icebox, refrigerator or other airtight or semi-airtight container located in that part of a building occupied by a dealer, warehouseman or repairman. Any person violating this Section shall be deemed guilty of an offense.
[CC 1976 §22-77; Ord. No. 1246 §1, 4-18-1978]
Any person who shall set off, use, burn, explode or fire any firecrackers, fireworks, torpedoes, bombs, rockets, pin wheels, fire balloons, Roman candles, toy cannons or any other fireworks of a like kind within the corporate limits of the City shall be deemed guilty of an offense; provided however, that this Section shall not apply to parks or other public places, when in charge of competent persons and under permit issued by order of the Board of Aldermen.
[CC 1976 §22-78; Ord. No. 1246 §2, 4-18-1978]
Every person, firm, or corporation who shall sell or expose for sale any fireworks, firecrackers, torpedoes, bombs, rockets, pin wheels, fire balloons, Roman candles, toy cannons, toy pistols or any other fireworks of a like kind within the corporate limits of the City shall be deemed guilty of a misdemeanor; provided however, that this Section shall not be construed to prohibit the sale of fireworks in wholesale lots by any person, firm or corporation for use within the City limits in the manner permitted by Section 210.330.