[Ord. No. 143 §1, 1-7-1985; RSMo. §565.090]
[Ord. No. 538 §1, 11-18-1996]
A.
COURSE OF CONDUCT
CREDIBLE THREAT
HARASSES
Definitions. As used in this Section, the following terms
shall mean:
A pattern of conduct composed of a series of acts over a
period of time, however short, evidencing a continuity of purpose.
Constitutionally protected activity is not included within the meaning
of "course of conduct". Such constitutionally protected
activity includes picketing or other organized protests.
A threat made with the intent to cause the person who is
the target of the threat to reasonably fear for his/her safety. The
threat must be against the life of, or a threat to cause physical
injury to, a person.
To engage in a course or conduct directed at a specific person
that serves no legitimate purpose, that would cause a reasonable person
to suffer substantial emotional distress, and that actually causes
substantial emotional distress to that person.
B.
Any
person who purposely and repeatedly harasses or follows with the intent
of harassing another person commits the crime of stalking.
C.
Any
person who purposely and repeatedly harasses or follows with the intent
of harassing or harasses another person, and makes a credible threat
with the intent to place that person in reasonable fear of death or
serious physical injury, commits the crime of aggravated stalking.
D.
Any
Police Officer may arrest, without a warrant, any person he/she has
probable cause to believe has violated the provisions of this Section.
[1]
Editor's Note: Former Section 225.020, Sexual Abuse in the
Second Degree, was repealed 8-3-2020 by Ord. No. 1198.
[1]
Editor's Note: Former Section 225.030, Sexual Abuse in the
Third Degree, was repealed 8-3-2020 by Ord. No. 1198.
[Ord. No. 143 §1,1-7-1985; RSMo. §195.020]
A.
It
is unlawful for any person to manufacture, possess, have under his
control, sell, prescribe, administer, dispense, distribute, or compound
any controlled or counterfeit substances except as authorized in §§195.010
to 195.320, RSMo.
B.
It
is unlawful for any person to use, or to possess with intent to use,
drug paraphernalia to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test, analyze,
pack, repack, store, contain, conceal, inject, ingest, inhale, or
otherwise introduce into the human body a controlled substance or
an imitation controlled substance in violation of this Chapter.
C.
It
is unlawful for any person to deliver, possess with intent to deliver,
or manufacture with intent to deliver, drug paraphernalia, knowing,
or under circumstances where one reasonably should know, that it will
be used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, inject, ingest, inhale, or otherwise
introduce into the human body a controlled substance or an imitation
controlled substance in violation of this Chapter.
D.
It
is unlawful for any person to place in any newspaper, magazine, handbill,
or other publication any advertisement, knowing, or under circumstances
where one reasonably should know, that the purpose of the advertisement,
in whole or in part, is to promote the sale of objects designed or
intended for use as drug paraphernalia.
E.
It
is unlawful for any person to use, or to possess with intent to use,
an imitation controlled substance in violation of this Chapter.
F.
It
is unlawful for any person to deliver, possess with intent to deliver,
manufacture with intent to deliver, or cause to be delivered any imitation
controlled substance.
G.
It
is unlawful for any person to place in any newspaper, magazine, handbill,
or other publication, or to post or distribute in any public place,
any advertisement or solicitation with reasonable knowledge that the
purpose of the advertisement or solicitation is to promote the distribution
of imitation controlled substances.
[Ord. No. 879 §1, 2-1-2010]
A.
No
person shall intentionally smell or inhale the fumes of any solvent,
particularly toluol, amyl nitrite, butyle nitrite, cyclohexyl nitrite,
ethyl nitrite and propyl nitrite and their iso-analogues or induce
any other person to do so, for the purpose of causing a condition
of, or inducing symptoms of, intoxication, elation, euphoria, dizziness,
excitement, irrational behavior, exhilaration, paralysis, stupefaction
or dulling of senses or nervous system or for the purpose of, in any
manner, changing, distorting or disturbing the audio, visual or mental
processes; except that this Section shall not apply to the inhalation
of any anesthesia for medical or dental purposes.
B.
As
used in this Section, "alcohol beverage vaporizer" means any device which, by means of heat, a vibrating element or
any other method, is capable of producing a breathable mixture containing
one (1) or more alcoholic beverages to be dispensed for inhalation
into the lungs via the nose or mouth or both.
C.
No
person shall intentionally or willfully induce the symptoms of intoxication,
elation, euphoria, dizziness, excitement, irrational behavior, exhilaration,
paralysis, stupefaction or dulling of the senses or nervous system,
distortion of audio, visual or mental processes by the use or abuse
of any of the following substances:
D.
This
Section shall not apply to substances that have been approved by the
United States Food and Drug Administration as therapeutic drug products
or are contained in approved over-the-counter drug products or administered
lawfully pursuant to the order of an authorized medical practitioner.
E.
No
person shall intentionally possess any solvent, particularly toluol,
ethyl alcohol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl
nitrite, propyl nitrite and their iso-analogues for the purpose of
using it in the manner prohibited by Section 578.250, RSMo., and this
Section.
F.
No
person shall possess or use an alcoholic beverage vaporizer.
G.
Nothing
in this Section shall be construed to prohibit the legal consumption
of intoxicating liquor, as defined by Section 311.020, RSMo., or non-intoxicating
beer, as defined by Section 312.010*, RSMo.
H.
No
person shall intentionally possess or buy any solvent, particularly
toluol, ethyl alcohol, amyl nitrite, butyl nitrite, cyclohexyl nitrite,
ethyl nitrite, propyl nitrite and their iso-analogues for the purpose
of inducing or aiding any other person to violate the above provision.
[Ord. No. 911 §1, 12-6-2010; Ord. No. 914 §1, 2-7-2011]
A.
General Policy. The City Council of the City of Scott City
has found the manufacture, transportation, possession and sale of
methamphetamine to be inherently dangerous and that the chemical precursors
of methamphetamine and the by-products and wastes of methamphetamine
production are inherently dangerous and injurious to the public health,
safety and welfare of the citizens of the City. Regulation of the
sale of the chemical precursors to methamphetamine production, namely,
ephedrine products and pseudoephedrine products, is necessary to protect
the citizens of the City.
B.
EPHEDRINE
METHAMPHETAMINE PRECURSOR DRUG
PERSON
PSEUDOEPHEDRINE
Definitions. For the purposes of this Section, the following
words and phrases shall have the meanings respectively ascribed to
them by this Section:
All forms of ephedrine, ephedrine hydrochloride and all combinations
of these chemicals and any methamphetamine precursor drug containing
these chemicals.
Any drug or substance as described in Section 195.246 or
Section 195.248, RSMo.
Any individual, corporation, partnership, trust, limited
liability company, firm, association or other entity.
All forms of pseudoephedrine, pseudoephedrine hydrochloride
and all combinations of these chemicals and any methamphetamine precursor
drug containing these chemicals.
C.
Prohibition Of Sale Of Methamphetamine Precursor Drugs. It
shall be illegal for any person to sell, deliver or distribute ephedrine,
pseudoephedrine or any other methamphetamine precursor drugs except
as set forth in the specific exceptions contained in this Section.
D.
Exceptions.
1.
Ephedrine, pseudoephedrine or other methamphetamine precursor drugs
may be sold by a Missouri licensed pharmacist after being authorized
to do so by prescription from a physician or other health care professional
licensed by the State of Missouri to write prescriptions.
2.
Ephedrine, pseudoephedrine or other methamphetamine precursor drugs
may be distributed by a licensed physician within the physician's
office, clinic, nursing home or other licensed health care facility.
3.
This Section regulating ephedrine, pseudoephedrine or other methamphetamine
precursor drugs shall not apply to the sale of animal feed containing
ephedrine or dietary supplement products containing naturally occurring
or herbal ephedra or extracts of herbal ephedra.
E.
Prima Facie Evidence. It shall be prima facie proof that
a substance is regulated by this Section if the substance is contained
in its original packaging and is labeled as being ephedrine, pseudoephedrine
or other methamphetamine precursor drugs.
F.
Reporting Theft Of Methamphetamine Precursor Drugs.
1.
All thefts, shortages, disappearances, miscounts or other losses
of ephedrine, pseudoephedrine or other methamphetamine precursor drugs
shall be reported to the Police Department of the City within twenty-four
(24) hours of discovery.
2.
Any person selling ephedrine, pseudoephedrine or other methamphetamine
precursor drugs shall report any difference between the quantity of
the aforementioned drugs shipped and the quantity received to the
Police Department of the City within twenty-four (24) hours of discovery.
G.
Injunctive Relief. The City may seek injunctive relief against
any person who is in violation of this Section.
[1]
Editor's Note: Former Section 225.050, Possession of Burglar's
Tools, was repealed 7-16-2018 by Ord. No. 1127.
[Ord. No. 1195, 8-3-2020]
A.
A person
commits the offense of stealing if he or she:
1.
Appropriates property or services of another with the purpose to
deprive him or her thereof, either without his or her consent or by
means of deceit or coercion;
2.
Attempts to appropriate anhydrous ammonia or liquid nitrogen of another
with the purpose to deprive him or her thereof, either without his
or her consent or by means of deceit or coercion; or
3.
For the purpose of depriving the owner of a lawful interest therein,
receives, retains or disposes of property of another knowing that
it has been stolen, or believing that it has been stolen.
[Ord. No. 143 §1, 1-7-1985; RSMo. 575.190]
A.
A person
commits the crime of refusal to identify as a witness if, knowing
he has witnessed any portion of a crime, or of any other incident
resulting in physical injury or substantial property damage, upon
demand by a Law Enforcement Officer engaged in the performance of
his official duties, he refuses to report or gives a false report
of his name and present address to such officer.
B.
Refusal
to identify as a witness is a misdemeanor.
[Ord. No. 413 §1, 10-16-1993]
A.
Any
person who, having been issued a summons or a Missouri uniform traffic
ticket for any violation of the laws of the City fails to appear before
the Judge of the Municipal Court as required shall be guilty of an
offense.
B.
In
addition to the forfeiture of any security which was given or pledged
for his/her release, any person who, having been released upon a recognizance
of bond pursuant to any other provisions of law, fails to appear before
the Judge of the Municipal Court as required shall be guilty of an
offense.
C.
Nothing
in this Section shall prevent the exercise of the Municipal Court
of its power to punish for contempt.
D.
It
shall be unlawful for any person to fail or refuse to obey a lawful
subpoena or order issued by the Municipal Court for the City.
[Ord. No. 718 §3, 3-17-2003]
A.
A person
commits the crime of contempt of court if guilty of any of the following:
1.
Disorderly, contemptuous or insolent behavior committed during its
session, in its immediate view and presence, and directly tending
to interrupt its proceedings or to impair the respect due to the court's
authority;
2.
Any breach of the peace, noise or other disturbance directly tending
to interrupt the court's proceedings;
3.
Willful disobedience of any process or order lawfully issued or made
by the court;
4.
Resistance willfully offered by any person to the lawful order or
process of the court;
5.
The contumacious and unlawful refusal of any person to be sworn as
a witness or, when so sworn, to refuse to answer any legal and proper
interrogatory.
[Ord. No. 143 §1, 1-7-1985; RSMo. §575.250]
A person commits the crime of disturbing a judicial proceeding
if, with purpose to intimidate a judge, attorney, juror, party or
witness, and thereby to influence a judicial proceeding, he disrupts
or disturbs a judicial proceeding by participating in an assembly
and calling aloud, shouting or holding or displaying a placard or
sign containing written or printed matter, concerning the conduct
of the judicial proceeding, or the character of a judge, attorney,
juror, party or witness engaged in such proceeding, or calling for
or demanding any specified action or determination by such judge,
attorney, juror, party or witness in connection with such proceeding.
[Ord. No. 622 §1, 1-4-1999]
A person commits the offense of failure to report to confinement
if, being a defendant in a municipal case, the defendant is directed
by the Municipal Judge to report to the Municipal Jail at a designated
time for service of a sentence, but fails to report at the designated
time.
[Ord. No. 699 §1, 11-19-2001]
A person commits the offense of failure to return to confinement
if, while serving a sentence for any ordinance violation under a work-release
program, or while under sentence of any ordinance violation to serve
a term of confinement which is not continuous, or while serving any
other type of sentence for any ordinance violation wherein he is temporarily
permitted to go at large without guard, he purposely fails to return
to confinement when he is required to do so.
[Ord. No. 734 §§1 —
2, 9-2-2003]
A.
It
shall be an offense for any person to knowingly deliver, attempt to
deliver or have in his possession, deposit or conceal in or about
the City Jail the following:
1.
Any controlled substance as that term is defined by law, except upon
the written prescription of a licensed physician or dentist.
2.
Any other alkaloid or any controlled substance, or any spirituous
malt liquor, or any intoxicating liquor as defined in Section 311.020,
RSMo.
3.
Any article or item of personal property which an offender is prohibited
by the rules and regulations of the Police Department from receiving
or possessing. The Section of the Police rules and regulations setting
forth what items of personal property are prohibited in the jail shall
be posted in the jail.
4.
Any gun, knife, weapon or any other article or item of personal property
that may be used in such a manner as to endanger the safety or security
of the jail or as to endanger the life or limb of any inmate or employee
at the jail.
B.
Any
person who has been found guilty of a violation of this Section shall
be subject to a punishment not to exceed ninety (90) days in the County
Jail or a five hundred dollar ($500.00) fine, or both fine and confinement.
[Ord. No. 143 §1, 1-7-1985; Ord. No. 717 §2, 3-17-2003]
Any person who shall be found guilty of violating any of the
aforesaid Sections shall be punished by a fine of not less than five
dollars ($5.00), nor more than five hundred dollars ($500.00), or
by imprisonment not less than one (1) day, nor more than three (3)
months, or both fine and imprisonment.
[CC §75.010]
A.
A person
commits the offense of tampering if he:
1.
Tampers with the property of another for the purpose of causing substantial
inconvenience to that person or to another; or
2.
Unlawfully operates or rides in or upon another's automobile, airplane,
motorcycle, motorboat, or other motor-propelled vehicle.
3.
Tampers or makes connection with property of a utility.
4.
Tampers with, or causes to be tampered with, any meter or any property
of an electric, gas, steam or water utility, the effect of which tampering
is either:
[CC §75.020]
A person commits the offense of property damage if he knowingly
damages property of another, or he damages property for the purpose
of defrauding an insurer.
[Ord. No. 353 §1, 11-6-1991]
A person commits the offense of trespass if he enters unlawfully
upon real property of another, without license or privilege. In addition,
a person also commits the offense of trespass if he enters lawfully
upon real property of another, but refuses to leave upon reasonable
request by the owner or the owner's authorized agent.
[Ord. No. 536 §1, 10-21-1996; Ord. No. 751 §1, 4-5-2004]
A.
It
is unlawful for any person to engage in disorderly conduct.
B.
A person
commits the offense of disorderly conduct if, with the purpose of
causing public inconvenience, annoyance or alarm, or recklessly creating
a risk thereof he/she:
1.
Engages in fighting or in violent, threatening or tumultuous behavior;
2.
Disturbs or disrupts any lawful assembly or meeting of persons;
3.
Knowingly exposes his genitals under circumstances under which he/she
knows that his/her conduct is likely to cause affront or alarm.
4.
Urinating outside on public property or on private property, where
such conduct is or can be observed off-site by the public.
[Ord. No. 1199, 8-3-2020]
[Ord. No. 751 §2, 4-5-2004]
No person shall willfully fail or refuse to comply with any
lawful order or direction of Police Officer or Fire Department official.
[CC §§75.040 — 75.060; Ord.
No. 313 §9, 10-1-1990; Ord. No. 537 §1, 10-21-1996]
A.
PRIVATE PROPERTY
PROPERTY OF ANOTHER
PUBLIC PLACE
SEPARATE PREMISES
Definitions. For the purposes of this Section, the following
words shall have the prescribed meanings:
Any place which at the time is not open to the public. It
includes property which is owned publicly or privately.
Any property in which the actor does not have a possessory
interest.
Any place which at the time is open to the public. It includes
property which is owned publicly or privately.
If a building or structure is divided into separately occupied
units, such units are separate premises.
[Ord. No. 910 §1, 11-15-2010]
A.
It
shall be unlawful for any individual to play any musical instrument,
radio, television or any device made to play cassettes, records, compact
discs, audio and/or video tapes, loud speaker, public address system
or any similar device so that it emits a sound that can be heard one
hundred fifty (150) feet or more from the device. This includes any
of the aforementioned devices that are mounded in/on motor vehicles,
boats, trucks, bicycles, carried on one's person or placed in a building,
to include private residences, apartments, places of business and
similar structures.
B.
It
shall be unlawful for any individual to operate any vehicle equipped
with a muffler cutout device which is open or that is equipped with
a straight pipe(s).
C.
It
shall be unlawful for any individual to use an engine exhaust brake
(except in an emergency situation).
D.
A Police Officer may issue a Uniform Traffic Ticket (UTT) to the individual responsible for any such device/vehicle emitting sound in violation of Subsection (A), (B) or (C) above, including the driver of a motor vehicle or the first (1st) registered owner of the vehicle, the owner of record or a resident of a residence or apartment, the proprietor of a business or the person who is in physical control of any such device or vehicle.
E.
This
Section shall not apply to licensed carnivals, religious services,
rodeos, ball games, swim meets, noise emitted by machinery during
its normal operation, emergency vehicles or noise emitted under similar
circumstances, Scott City R-1 School District activities, activities
with business or commercial locations in an appropriately zoned district
where the activities are inside the structure.
F.
Permits Authorized. Any individual, business or organization
may apply for a permit that will allow for an outside event where
the noise generated may otherwise be in violation of this Section.
A permit may be issued/obtained from the City Clerk at their discretion.
Such permit shall identify the applicant and duration of the event.
No fee shall be charged for said permit.
[Ord. No. 1177, 2-18-2020]
A person commits the crime of receiving stolen property if for
the purpose of depriving the owner of a lawful interest therein, he/she
receives, retains or disposes of property of another knowing that
it has been stolen or believing that it has been stolen.
[Ord. No. 419 §1, 1-3-1994]
A.
A person
commits the offense of failing to return leased or rented property
if, with the intent to deprive the owner thereof, he/she knowingly
fails to return leased or rented personal property to the place and
within the time specified in an agreement in writing providing for
the leasing or returning of such personal property.
B.
It
shall be prima facie evidence of the crime of failing to return leased
or rented property when a person who has leased or rented personal
property of another knowingly fails to return or make arrangements
acceptable with the lessor to return the personal property to its
owner within ten (10) days after proper notice following the expiration
of the lease or rental agreement.
C.
This
Section shall not apply if such personal property is a vehicle and
such return is made more difficult or expensive by a defect in such
vehicle which renders such vehicle inoperable, if the lessee shall
notify the lessor of the location of such vehicle and such defect
before the expiration of the lease or rental agreement, or within
ten (10) days after proper notice.
D.
Proper
notice by the lessor shall consist of a written demand addressed and
mailed by certified or registered mail to the lessee at the address
given at the time of the making of the lease or rental agreement.
The notice shall contain a statement that the failure to return the
property may subject the lessee to prosecution.
[Ord. No. 377 §§1 —
2, 8-17-1992]
A.
No
person shall consume any alcoholic beverage while operating a motor
vehicle upon any public street, avenue or alley within the City.
B.
Any
person found guilty of violating the provisions of this Section shall
be punished by a fine of not more than five hundred dollars ($500.00).
C.
Any
conviction under this Section shall not reflect on any records of
the Department of Revenue.
[Ord. No. 595 §1, 12-15-1997]
Except where authorized by appropriate City licenses, no person
shall be in possession of any glass, can, bottle or other opened container
containing intoxicating liquor or non-intoxicating beer, in or upon
the streets, alleys, sidewalks or public parking areas, nor shall
any person consume intoxicating liquor or non-intoxicating beer in
or upon the streets, alleys, sidewalks or public parking areas within
the City limits of the City of Scott City.
[1]
Editor's Note — Ord. no. 536 §3, enacted October
21, 1996, repealed section 225.170 in its entirety. Former section
225.170 derived from CC §75.150. The following provisions have
subsequently been passed.
[CC §75.160]
A person commits the offense of leaving the scene of a motor
vehicle accident when being the operator or driver of a vehicle on
a public street or on any publicly or privately owned parking lot
or parking facility generally open for use by the public and knowing
that an injury has been caused to a person or damage has been caused
to property, he leaves the place of said injury, damage, or accident
without stopping and giving his name, residence (including City and
street number), motor vehicle number and chauffeur's or registered
operator's number, if any, to the injured party or to a Police Officer,
or if no Police Officer is in the vicinity then to the nearest Police
Station or Judicial Officer.
[CC §75.170; Ord. No. 69 §1, 8-17-1981; Ord. No. 496 §1, 10-16-1995; Ord. No. 678 §§1 — 2, 2-5-2001]
A.
FIREARM
MISSILE
PROJECTILE WEAPON
Definitions. As used in this Section the following terms
shall have these prescribed meanings:
Any weapon that is designed or adapted to expel a projectile
by the action of an explosive.
Any rock, ball, pellet, or other hard object capable of causing
serious physical injury or death or property damage when hurled, expelled
or driven.
Any bow, crossbow, slingshot or other weapon that is not
a firearm, which is capable of expelling a projectile that could inflict
serious physical injury or death or cause property damage by striking
persons or property.
C.
No
person shall hurl or drive any missile or expel any projectile from
a projectile weapon within one hundred (100) yards of any occupied
school or church building.
D.
No
person shall hurl or drive any missile or expel any projectile from
a projectile weapon at any object, or at random, on, along or across
a public highway or toward any residence or place of business.
E.
No
person shall carry any projectile weapon within City limits while
intoxicated.
G.
This
Section shall not apply to possession of a soft-tipped bow equipped
with rubber-tipped arrows or other soft-tipped arrows, any toy slingshot,
designed to expel a soft projectile, or any missile incapable of inflicting
serious physical injury or property damage.
H.
The
City Council may upon written application allow the discharge of firearms
within City limits for the purpose of firearm demonstrations and/or
competitions, upon the following conditions:
1.
No firearms are discharged in a residential area.
2.
The applicant has notified the Chief of Police of the time, location
and type of demonstration or competition.
3.
The Chief of Police has inspected the site to insure the firearm
demonstration or competition is safe and has submitted his report
to the City Council.
4.
The applicant has provided the City with proof of liability insurance
covering any injury or death which may result from the activity requested
in the application and has released the City from liability pursuant
to a release form provided by the City.
5.
The applicant has paid to the City a twenty-five dollar ($25.00)
permit for the demonstration or competition.
I.
The Police Chief may establish a firing range within Scott City for
the purpose of training officers in the use of firearms, provide for
firearm training for Law Enforcement Officers in other jurisdictions
and, upon permission of the Chief allow City employees and officers
qualified in the use of firearms to use the range. Any range established
by the police shall be:
[Ord. No. 1055 § 2, 9-6-2016]
1.
In an area of the City on property owned or leased by the City
zoned agricultural or industrial.
2.
At least one thousand (1,000) feet from any residential district.
3.
Have no buildings within eight thousand (8,000) feet down range.
4.
Have an adequate berm or embankment to stop all incoming rounds.
5.
Comply with all Federal and State regulations relating to shooting
ranges.
J.
The
Chief of Police may grant to private individuals the right to discharge
their personal firearms at the firing range established by the Chief
for the purpose of practice, instruction or competition, all of which
shall be supervised by the Chief of Police or a person designated
by him/her who is a firearms instructor, at such times as authorized
by the Chief. All individuals participating shall be required to sign
a Waiver of Liability and participation shall be subject to such screening
as the Chief at his/her sole discretion, may approve.
[Ord. No. 1272, 9-21-2021]
[Ord. No. 652 §1, 2-25-2000]
A person commits the offense of leaving the scene of a shooting when, being in possession of a firearm, as described in Section 225.190, he discharges the weapon and causes injury or death to another and, knowing he has done so, leaves the place of the shooting without giving his name, address and driver's license number to the Police Officer.
[CC §75.180; Ord. No. 501 §1, 10-16-1995]
A.
It
shall be unlawful for any person to assault another. A person commits
the crime of assault if:
1.
He beats or wounds another person without just cause; or
2.
He attempts to cause or recklessly causes physical injury to another
person; or
3.
With criminal negligence he causes physical injury to another person
by means of a deadly weapon; or
4.
He purposely places another person in apprehension of immediate physical
injury; or
5.
He recklessly engages in conduct which creates a grave risk of death
or serious physical injury to another person; or
6.
He knowingly causes physical contact with another person knowing
the other person will regard the contact as offensive or provocative.
[Ord. No. 625 §§1 —
2, 3-15-1999]
A.
It
shall be unlawful for any person to focus, point or shine a laser
beam directly or indirectly on another person in such a manner as
is intended to harass or annoy, or in a manner that may do physical
injury to another person.
B.
Any
violation of this Section shall subject the violator to a summons
to the Municipal Court and upon conviction shall be punishable by
a fine of up to five hundred dollars ($500.00) and costs, or ninety
(90) days imprisonment, or both a fine and imprisonment.
[CC §75.190]
If any person confined in any City or County Jail upon conviction
for violation of any City ordinance of the City or held in custody
going to such jail, shall break such jail or custody, and escape therefrom,
he shall, upon conviction, be guilty of a misdemeanor.
[CC §75.200]
A.
No
person shall during the night time, except in the discharge or execution
of an official duty, loiter about or upon the premises of a place
where people reside; nor shall any person, during the night time peep
or gaze through windows, doors or other openings of a place wherein
people reside.
B.
No
person shall during the night time, engage in an indecent or perverted
conduct, commonly called that of a "Peeping Tom".
[Ord. No. 608 §1, 8-3-1998]
A.
No
person shall loiter at anytime between the hours of 12:00 Midnight
and 6:00 A.M. on the following parking lots owned by or leased to
the City of Scott City: VFW and bank area parking lot, ballpark parking
lot, City park pool parking lot, and Shady Grove Park lot.
B.
"Loiter" means to remain idle in essentially one (1) location
and includes the concept of spending time idly, being dilatory, lingering,
sauntering, delaying, standing around or hanging around.
[CC §75.210; Ord. No. 789 §§1
— 2, 10-17-2005; Ord. No. 885 §§1 — 2, 2-1-2010]
A.
Any
person under the age of twenty-one (21) years, who purchases or attempts
to purchase, or has in his or her possession any intoxicating liquor
as defined in Section 311.020, RSMo., or who is visibly in an intoxicated
condition as defined in Section 577.001, RSMo., or has a detectable
blood alcohol content of more than two-hundredths of one percent (0.02%)
or more by weight of alcohol in such person's blood is guilty of a
misdemeanor.
B.
For
the purposes of determining violations of any provision of this Section,
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.
Any
person under the age of twenty-one (21) years who purchases or attempts
to purchase, or has in his or her possession, any intoxicating liquor
or who is visibly in an intoxicated condition as defined in Section
577.001, RSMo., shall be deemed to have given consent to a chemical
test or tests of the person's breath, blood, saliva or urine for the
purpose of determining the alcohol or drug content of the person's
blood. The implied consent to submit to the chemical tests listed
in this Subsection shall be limited to not more than two (2) such
tests arising from the same arrest, incident or charge. Chemical analysis
of the person's breath, blood, saliva or urine shall be performed
according to methods approved by the State Department of Health and
Senior Services by licensed medical personnel or by a person possessing
a valid permit issued by the State Department of Health and Senior
Services for this purpose. The State Department of Health and Senior
Services shall approve satisfactory techniques, devices, equipment
or methods to be considered valid and shall establish standards to
ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination
or revocation by the State Department of Health and Senior Services.
The person tested may have a physician or a qualified technician,
chemist, registered nurse or other qualified person of their choosing
and at the expense of the person to be tested, administer a test in
addition to any administered at the direction of a Law Enforcement
Officer. The failure or inability to obtain an additional test by
a person shall not preclude the admission of evidence relating to
the test taken at the direction of a Law Enforcement Officer. Upon
the request of the person who is tested, full information concerning
the test shall be made available to such person. "Full information" is limited to the following:
1.
The type of test administered and the procedures followed;
2.
The time of the collection of the blood or breath sample or urine
analyzed;
3.
The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
4.
The type and status of any permit which was held by the person who
performed the test;
5.
If the test was administered by means of a breath-testing instrument,
the date of performance of the most recent required maintenance of
such instrument.
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"Full Information" does not include manuals, schematics or software
of the instrument used to test the person or any other material that
is not in the actual possession of the State. Additionally, "full
information" does not include information in the possession of the
manufacturer of the test instrument.
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D.
The
provisions of this Section shall not apply to a student who:
1.
Is eighteen (18) years of age or older; and,
2.
Is enrolled in an accredited college or university and is a student
in a culinary course; and,
3.
Is required to taste, but not consume or imbibe, any beer, ale, porter,
wine or other similar malt or fermented beverage as part of the required
curriculum; and,
4.
Tastes a beverage under Subdivision (3) of this Subsection only for
instructional purposes during classes that are part of the curriculum
of the accredited college or university.
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The beverage must at all times remain in the possession and
control of an authorized instructor of the college or university,
who must be twenty-one (21) years of age or older. Nothing in this
Subsection may be construed to allow a student under the age of twenty-one
(21) to receive any beer, ale, porter, wine or other similar malt
or fermented beverage unless the beverage is delivered as part of
the student's required curriculum and the beverage is used only for
instructional purposes during classes conducted as part of the curriculum.
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[Ord. No. 216 §2, 11-2-1987; Ord. No. 531 §1, 10-7-1996; Ord. No. 878 §1, 2-1-2010]
A.
A person
commits the crime of resisting or interfering with arrest, detention
or stop if, knowing that a Law Enforcement Officer is making an arrest,
or attempting to lawfully detain or stop an individual or vehicle,
or the person reasonably should know that a Law Enforcement Officer
is making an arrest or attempting to lawfully detain or lawfully stop
an individual or vehicle, for the purpose of preventing the officer
from effecting the arrest, stop or detention, the person:
1.
Resists arrest, stop or detention of such person by using or threatening
the use of violence or physical force or by fleeing from such officer;
or
2.
Interferes with the arrest, stop or detention of another person by
using or threatening the use of violence, physical force or physical
interference.
C.
A person
is presumed to be fleeing a vehicle stop if that person continues
to operate a motor vehicle after that person has seen or should have
seen clearly visible emergency lights or has heard or should have
heard an audible signal emanating from the law enforcement vehicle
pursuing that person.
[CC §75.240; Ord. No. 886 §§1
— 2, 2-1-2010]
A.
A person
commits the crime of assault of a Law Enforcement Officer, Correctional
Officer, Emergency Personnel, or Probation and Parole Officer if:
1.
Such person recklessly causes physical injury to a Law Enforcement
Officer, Correctional Officer, Emergency Personnel, or Probation and
Parole Officer;
2.
Such person purposely places a Law Enforcement Officer, Correctional
Officer, Emergency Personnel, or Probation and Parole Officer in apprehension
of immediate physical injury;
3.
Such person knowingly causes or attempts to cause physical contact
with a Law Enforcement Officer, Correctional Officer, Emergency Personnel,
or Probation and Parole Officer without the consent of the Law Enforcement
Officer or Correctional Officer, Emergency Personnel, or Probation
and Parole Officer.
B.
As
used in this Section, "Emergency Personnel" means
any paid or volunteer firefighter, emergency room or trauma center
personnel or emergency medical technician as defined in Subdivisions
(15), (16), (17) and (18) of Section 190.100, RSMo.
C.
As
used in this Section, the term "Corrections Officer" includes any Jailor or Corrections Officer of the State or any political
subdivision of the State.
[CC §75.250]
It shall be unlawful for any person to impersonate an Officer
or other official of the City.
[Ord. No. 176 §§1-5, 6-2-1986]
A.
A person
violates the provisions of this Section prohibiting the passing of
a bad check when, with the purpose to defraud, he or she issues or
passes a check or other similar sight order for the payment of money,
knowing that it will not be paid by the drawee, or that there is no
such drawee.
B.
If
the issuer has no account with the drawee, or if there was no such
drawee at the time the check or order was issued, this fact shall
be prima facie evidence of his or her purpose to defraud and of his
or her knowledge that the check or order would not be paid.
C.
If
the issuer has an account with the drawee, failure to pay the check
or order within ten (10) days after notice in writing that it has
not been honored because of insufficient funds or credit with the
drawee is prima facie evidence of his or her purpose to defraud and
of his or her knowledge that the check or order would not be paid.
D.
Notice
in writing means notice deposited as first class mail in the United
States mail and addressed to the issuer at his or her address as it
appears on the dishonored check or to his last known address.
E.
The
range of punishment for violation of this Section shall be up to three
(3) months in the City Jail or a fine of five hundred dollars ($500.00)
or both fine and confinement.
[Ord. No. 653 §1, 2-25-2000]
A person commits the offense of identity theft if he knowingly
and with intent to deceive or defraud obtains, possesses, transfers,
uses, or attempts to obtain, transfer or use, one (1) or more means
of identification not lawfully issued for his use.
[Ord. No. 115 §§1-2, 10-17-1983]
A.
It
shall be unlawful for any person to give false information, knowingly,
to any official or employee or representative of the City on any matter
pertaining to or affected by his or her official duty.
[1]
Editor's Note: Former Section 225.290, Carrying Concealed
Weapons, was repealed 8-3-2020 by Ord. No. 1198.
[Ord. No. 225 §§1 —
3, 7-5-1988]
A.
It
shall be unlawful for any person in a public park or recreation area
to:
1.
Ride or lead a horse, except on a bridle trail, plainly designated
as such by order of the Park Director.
2.
Allow a horse or other animal to graze or go unattended on park or
recreation property.
3.
Operate an all-terrain vehicle in any City Park or recreation area,
except on a designated street.
C.
Any
person violating the provisions of this Section shall, upon conviction
in Municipal Court, be subject to a fine not to exceed five hundred
dollars ($500.00) or imprisonment in the City Jail of up to sixty
(60) days, or both fine and confinement.
[Ord. No. 355 §§1 —
5, 12-2-1991; Ord. No.
777 §1, 4-4-2005]
A.
An
emergency telephone tax, in an amount of fifteen percent (15%) of
the tariffed local service rate as defined by Section 190.300, RSMo.,
is imposed in the City of Scott City, Missouri for which emergency
911 telephone service has been contracted pursuant to Sections 190.300
through 190.320, RSMo.
B.
This
tax shall be imposed for a period of three (3) years from the commencement
of the collection as specified herein, subject to adjustments in the
percentage as provided for by Sections 190.300 through 190.320, RSMo.
C.
This
tax rate shall be reviewed annually by the City Council no later than
September first (1st) to establish a tax rate not to exceed the amount
authorized that together with any surplus revenues carried forward
will produce sufficient revenues to fund necessary expenditures for
the following year as provided for by Sections 190.300 through 190.320,
RSMo.
D.
The
collection of said tax shall commence on January 1, 1992 and continue
through January 1, 1995 subject to periodic renewals thereafter as
provided in Section 190.305.2, RSMo.
[Ord. No. 541 §1, 1-6-1997]
A.
PROMOTING PROSTITUTION
1.
2.
3.
4.
5.
6.
PROSTITUTION
PATRONIZING PROSTITUTION
1.
2.
3.
SEXUAL CONDUCT
1.
2.
3.
SOMETHING OF VALUE
Definitions. As
used in this Section, the following terms shall have these prescribed
meanings:
A person promotes prostitution if, acting other than as a
prostitute or a patron of a prostitute, he/she knowingly:
Causes or aids a person to commit or engage in prostitution;
Procures or solicits patrons for prostitution;
Provides persons or premises for prostitution purposes;
Operates or assists in the operation of a house of prostitution
or a prostitution enterprise;
Accepts or receives or agrees to accept or receive something
of value pursuant to an agreement or understanding with any person
whereby he/she participates or is to participate in proceeds of prostitution
activity; or
Engages in any conduct designed to institute, aid or facilitate
an act or enterprise of prostitution.
A person commits prostitution if he/she engages or offers
or agrees to engage in sexual conduct with another person in return
for something of value to be received by the person or by a third
(3rd) person.
A person patronizes prostitution if:
Pursuant to a prior understanding, he/she gives something of
value to another person as compensation for that person or a third
(3rd) person having engaged in sexual conduct with him/her or with
another;
He/she gives or agrees to give something of value to another
person or an understanding that in return therefor that person or
a third (3rd) person will engage in sexual conduct with him/her or
with another; or
He/she solicits or requests another person to engage in sexual
conduct with him/her or with another, or to secure a third (3rd) person
to engage in sexual conduct with him/her or with another, in return
for something of value.
Occurs when there is:
DEVIATE SEXUAL INTERCOURSEAny sexual act involving the genitals of one (1) person and the mouth, hand, tongue or anus of another person.
SEXUAL CONTACTAny touching, manual or otherwise, of the anus or genitals of one (1) person by another, done for the purpose of arousing or gratifying sexual desire of either party.
SEXUAL INTERCOURSEAny penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.
Any money or property, or any token, object or article exchangeable
for money or property.
B.
Prostitution. It shall be unlawful for any person to perform
an act of prostitution.
C.
Patronizing Prostitution. It shall be unlawful for any person
to patronize prostitution.
D.
Promoting Prostitution. It shall be unlawful for any person
to promote prostitution.
[1]
Editor's Note: Former Section 225.325, Child Pornography or
Obscenity, was repealed 8-3-2020 by Ord. No. 1198.
[Ord. No. 887 §1, 2-1-2010]
A.
"Sexual offender" as used in this Section refers to any
person who has plead guilty or nolo contendere, to or been convicted
of, or been found guilty of violating restrictions of Chapters 568
and 573, RSMo., relating to sexual offenders, being Section 568.020,
"Incest", Section 568.045, "Endangering The Welfare Of A Child", Section
568.080, "Use Of A Child In A Sexual Performance", Section 568.090,
"Promoting A Sexual Performance By A Child", Section 573.023, "Sexual
Exploitation Of A Minor", Section 573.025, "Promoting Child Pornography
In The First Degree", Section 573.035, "Promoting Child Pornography
In The Second Degree", Section 573.037, "Possession Of Child Pornography"
or Section 573.040, "Furnishing Pornographic Material To Minors".
B.
No
sexual offender shall knowingly be physically present in or loiter
within five hundred (500) feet of or to approach, contact or communicate
with any child under eighteen (18) years of age in any child care
facility building, on the real property comprising any child care
facility when persons under the age of eighteen (18) are present in
the building, on the grounds or in the conveyance, unless the offender
is a parent, legal guardian or custodian of a student present in the
building or on the grounds.
For the purpose of this Section, "child care facility" shall have the same meaning as such term is defined in Section 210.201,
RSMo.
C.
No
sexual offender shall be present or loiter within five hundred (500)
feet of any school building or any real property comprising any school,
or in the conveyance owned, leased or contracted by a school to transport
children to and from school or a school related activity when persons
under the age of eighteen (18) are present in the building, on the
grounds or in the conveyance, unless the offender is a parent, legal
guardian or custodian of a student present in the building and has
met the conditions otherwise excluded by law.
D.
No
parent, legal guardian or custodian who is a sexual offender shall
be present in any school building, on real property comprising any
school, or in any conveyance owned, leased or contracted by a school
to transport students to or from school or a school related activity
when persons under the age of eighteen (18) are present in the building,
on the grounds or in the conveyance unless the parent, legal guardian
or custodian has permission to be present from the superintendent
or school board or, in the case of a private school, from the principal.
In the case of a public school, if permission is granted, the superintendent
or school board president must inform the principal of the school
where the sex offender will be present. Permission may be granted
by the superintendent, school board or, in the case of a private school,
from the principal, for more than one (1) event at a time, such as
a series of events. However, the parent, legal guardian or custodian
must obtain permission for any other event he or she wishes to attend
for which he or she has not yet had permission granted.
[Ord. No. 670 §1, 10-2-2000]
Any person who participates in a meeting closed to the public or who has access to records closed to the public, as authorized by Section 610.020 of the Missouri Statutes, who thereafter discusses any portion of the contents of the meeting or discloses or releases any portion of the closed records shall be guilty of a misdemeanor, punishable under the provisions of Chapter 110 of the Scott City Ordinances. This Section shall not apply to anyone lawfully required to disclose records under the provisions of Chapter 610 of the Missouri Statutes or any person ordered to disclose the contents of a closed meeting or record by a court of competent jurisdiction.
