As used in this Article, the following terms mean:
Any place which at the time of the offense is not open to
the public. It includes property which is owned publicly or privately.
Any property in which the person does not have a possessory
interest.
Any place which at the time of the offense is open to the
public. It includes property which is owned publicly or privately.
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.
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.
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.
A.
PUBLIC PLACE
Definition. The following term shall be defined
as follows:
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.
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.
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.
FUNERAL and BURIAL SERVICE
OTHER PROTEST ACTIVITIES
Definitions. As used in this Section, the following
terms mean:
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 three-hundred-foot zone that is established under Subsection (A) above.
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. 2003 §210.015; Ord. No. 515 §210.015, 8-4-1994; Ord. No. 1240, 4-19-2012]
A.
A person commits the offense of disorderly conduct if, with intent
to provoke a peace disturbance or whereby a peace disturbance may
be occasioned, he or she:
1.
Uses offensive, threatening, abusive or insulting language or
conduct;
2.
Acts so as to annoy, disturb, interfere with, obstruct of be
offensive to others;
3.
Causes loud and unusual noise to the annoyance of disturbance
of more than one (1) person;
4.
Assembles or congregates with another or others for the purpose
of causing, provoking or engaging in any fight or brawl;
5.
Engages in any brawl or fight; or
6.
Walks in the street while intoxicated or in a state of drunkenness.
B.
Any person found guilty of any provision of this Section shall be
deemed guilty of an ordinance violation and shall be subject to a
fine of up to five hundred dollars ($500.00) and/or to incarceration
for a term not to exceed ninety (90) days.
[R.O. 2003 §210.080; Ord. No. 476 §75.01.010, 12-7-1989; Ord. No. 780 §2, 9-6-2007]
A.
This section may be cited as the "Noise Control Ordinance of the
City of Buckner, Missouri," and it shall apply to the control of noise
and sound originating within the limits of the City of Buckner, Missouri.
B.
ALL-TERRAIN VEHICLES
CONSTRUCTION
EMERGENCY
EMERGENCY WORK
FIREWORKS
MOTOR VEHICLE
MOTORCYCLE
MUFFLER or SOUND-DISSIPATIVE DEVICE
NOISE
NOISE DISTURBANCE
PERSON
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
REAL PROPERTY BOUNDARY
RESIDENTIAL AREA
SOUND
ZONED AREA
Definitions. For the purposes of this Section, the
following items have the meanings ascribed to them as hereinafter
defined, unless where otherwise expressly stated or where the context
clearly defines a different meaning. Words used in the present tense
include the future, words in the singular include the plural, and
words in the plural include the singular; the "shall" or "must" are
mandatory; and the term "used for" includes the meaning "designated
for" or "intended for." All terminology used in this section, not
defined as follows, shall be in conformance with the American National
Standards Institute (ANSI) document: American National Acoustical
Terminology, ANSI SI.1 1994 or a later approved ANSI revision thereof.
Every motor vehicle designed to travel on not more than four
(4) wheels in contact with the ground, to include ATVs, mini ATVs,
dune buggies and mini dune buggies.
Any site preparation, assembly, erection, substantial repair,
alteration or similar action, but excluding demolition, for or of
public or private rights-of-way, structures, buildings, utilities
or similar property.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
See Article XIV of this chapter.
Every vehicle which operates on land, other than a motorcycle.
Every motor vehicle designed to travel on not more than three
(3) wheels in contact with the ground, except any such vehicle as
may be included within the term "tractor" as a piece of farm machinery.
A device for abating the sound of escaping gases of an internal
combustion engine, or for abating sound transmitted in a duct, chase,
pipe or other opening.
Any sound which annoys or disturbs a reasonable human being
or which causes or tends to cause an adverse psychological or physiological
effect on humans.
Any sound which:
Any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency or instrumentality
of a State or any political subdivision of a State.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
Any real property, buildings or structures thereon which
are owned or controlled by a governmental entity.
An imaginary line along the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person, but not including intra-building real
property divisions.
An oscillation in pressure, particle displacement, particle
veloCity or other physical parameter in a medium with internal forces
that causes compression and rarefaction of that medium, and is the
objective cause of hearing. The description of sound may include any
characteristic of such sound, including duration, level and frequency.
A district that has been assigned a zoning designation of
R-1, R-2, R-3, C-1, C-2, C3, I-1, I-2 and any special use areas in
accordance with the Building Codes of the City of Buckner.
C.
No person shall make, continue, or cause to be made or continued, any noise disturbance. Non-commercial public speaking and public assembly activities conducted on any public space or public right-of-way and fireworks set off in compliance with Article XIV of this Chapter, shall be exempt from the operation of this Section. The following acts, among others not herein listed, and the causing thereof, are declared to be in violation of this Code, but said enumeration shall not be deemed to be exclusive, namely:
[Ord. No. 1067, 6-2-2022]
1.
Operating, playing, or permitting the operation or playing of
any radio, television, phonograph, drum, musical instrument, sound
amplifier, or similar device which produces, reproduces, or amplifies
sound:
a.
Between the hours of 10:00 P.M. and 6:00 A.M. the following
day in such a manner as to create a noise disturbance across a real
property boundary (except for activities open to the public and for
which a permit or license has been issued by the City of Buckner,
Missouri).
b.
Between the hours of 6:00 A.M. and 9:59 P.M. in such a manner
as to create an unreasonable noise disturbance that a reasonable person
would find offensive during daytime hours.
c.
In such a manner as to create a noise disturbance at fifty (50)
feet (fifteen (15) meters) from such device, when operated in or on
a motor vehicle on a public right-of-way or public space.
d.
In such a manner as to create a noise disturbance to any person
other than the operator of the device, when operated by any passenger
on a common carrier.
2.
Using or operating loudspeakers/public address systems as follows:
a.
For any non-commercial purpose any loudspeaker, public address
system, or similar device between the hours of 10:00 P.M. and 6:00
A.M. the following day, such that the sound therefrom creates a noise
disturbance across a residential real property boundary.
b.
Between the hours of 6:00 A.M. and 9:59 P.M. in such a manner
as to create an unreasonable noise disturbance that a reasonable person
would find offensive during daytime hours.
3.
Offering for sale anything by shouting or outcry within any
residential or commercial area of the City except between the hours
of 8:00 A.M. and 6:00 P.M., to include auctions.
4.
Owning, possessing or harboring any animal or bird which frequently
or for continued duration, howls, barks, meows, squawks, or makes
other sounds which create a noise disturbance across a residential
real property boundary.
5.
Operating or permitting the operation of any tools or equipment
used in construction, drilling, or demolition work:
a.
Between the hours of 10:00 P.M. and 6:00 A.M. the following
day, seven (7) days a week, such that the sound therefrom creates
a noise disturbance across a residential real property boundary, except
for emergency work of public service utilities.
6.
Repairing, rebuilding, modifying, or testing any motor vehicle,
motorcycle, or motorboat in such a manner as to cause a noise disturbance
across a residential real property boundary.
7.
Operating or permitting the operation of powered motor vehicles
so as to create a noise disturbance across a residential real property
boundary or in a public space between the hours of 10:00 P.M. and
6:00 A.M. the following day.
8.
Operating or permitting the operation of any powered motor vehicle
so as to create an unreasonable noise disturbance between the hours
of 6:00 A.M. and 9:59 P.M., that a reasonable person would find offensive
during daytime hours.
9.
Operating or permitting the operation of any mechanically powered
saw, drill, sander, grinder, lawn or garden tool, snow blower, or
similar device used outdoors in residential areas between the hours
of 10:00 P.M. and 6:00 A.M. the following day so as to cause a noise
disturbance across a residential real property boundary.
D.
Violations And Penalties. Any person violating any
of the provisions of this Section shall be deemed guilty of an ordinance
violation and upon conviction thereof may be fined in an amount not
exceeding five hundred dollars ($500.00) or be imprisoned for a period
not exceeding six (6) months or be so fined and imprisoned. Each day
such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
E.
Manner Of Enforcement. Violations of the Section
shall be prosecuted in the same manner as other violations of the
City's Code.
F.
Injunction. As an additional remedy, the operation
or maintenance of any device, instrument, vehicle or machinery in
violation of any provision hereof and which cause discomfort or annoyance
to reasonable persons of normal sensitiveness or which endangers the
comfort, repose, health or peace of residents in the area shall be
deemed, and is declared to be a public nuisance and may be subject
to abatement summarily by a restraining order or injunction issued
by the Circuit Court of Jackson County, Missouri, or other courts
of competent jurisdiction.
G.
Other Remedies. No provision of this Section shall
be construed to impair any common law or statutory cause of action,
or legal remedy therefrom, of any person for injury or damage arising
from any violation of the Section or from other law.
H.
Liability. No officer, agent, or employee of the
City of Buckner, Missouri, shall render himself/herself personally
liable for any damage that may occur to a person or property as a
result of any act required or permitted in the discharge of his/her
duties under this Section.
