City of Buckner, MO Article XV Miscellaneous Offenses

Section 210.2210 Playing in the Streets.

[R.O. 2003 §210.040; Ord. No. 476 §75.01.006, 12-7-1989]

No person shall throw, kick, or knock any ball or play any games on any public thoroughfare as to cause disruption of the traffic flow. No person shall knowingly or negligently allow violation of this Section if such person is the parent or custodian of a minor who is playing in the street.

Section 210.2220 Unlawful Use of Handbills.

[R.O. 2003 §210.310; Ord. No. 476 §75.05.002, 12-7-1989]

A. It shall be unlawful for any person, firm or corporation to throw, place, scatter, distribute or in any manner deposit upon any street, alley, sidewalk or other place in the City, any handbill, placard, poster, dodger or other notice of advertisement.

B. It shall be unlawful for any person to paste, fasten or in any manner affix to any curb or sidewalk or public street in the City any drawing, writing, handbill, placard, poster, dodger or notice of advertisement.

C. Notwithstanding the provisions of this Section, any business properly licensed under the provisions of this Code engaged in the occupation of distributing advertising materials, may distribute said materials without having obtained prior approval from any such persons so owning or in charge, custody or control of property upon which said materials are to be distributed if said advertising materials are bundled together in a container displaying the firm name, address and telephone number of the business distributing said materials; provided, however, that it shall be unlawful for said business to continue to distribute said materials on property owned by, or belonging to, or in charge of another person when said person requests said business to refrain from distributing said materials; and, provided further, that said business shall not distribute said materials upon vacant or abandoned property in such fashion as to allow said materials to accumulate in violation of any other Section of this Article.

Section 210.2230 Window Peeping.

[R.O. 2003 §210.490; Ord. No. 476 §75.06.007, 12-7-1989]

No person shall look, peer, or peep into, or loiter around or within view of any window within a building occupied as a residence of another with the intent of watching or looking through said window to observe any person undressed, or in the act of dressing or undressing.

Section 210.2240 Palmistry Declared Unlawful.

[R.O. 2003 §210.500; Ord. No. 476 §75.06.008, 12-7-1989]

A. It shall be unlawful for any person for pay to tell or pretend to tell fortunes or reveal or attempt to reveal future events in the life of another or by means of occult or psychic powers, faculties or forces, clairvoyance, psychometry, spirit-mediumship, prophecy, astrology, palmistry, necromancy, cards, talismans, charms, potions, magnetism or magnetized articles or substances, oriental mysteries or magic of any kind or nature, to undertake or pretend to find or restore lost or stolen money or property, to undertake or pretend to locate oil wells, gold or silver or other ore or metal or natural product, to undertake or pretend to restore lost love, friendship or affection, to undertake or pretend to unite, or reunite or to find lovers, husbands, wives, lost relatives or friends.

B. Violations And Penalties. Any person, or anyone acting in behalf of said person, violating any of the provisions of this Section shall be guilty of an ordinance violation, and subject to a fine of up to five hundred dollars ($500.00) and to incarceration for a term not to exceed ten (10) days.

Section 210.2250 Unlawful Transactions with a Child.

[R.O. 2003 §210.510; Ord. No. 476 §75.06.009, 12-7-1989]

A. A person commits the offense of unlawful transactions with a child if:

1. Being a pawnbroker, junk dealer, dealer in secondhand goods, or any employee of such person, he with criminal negligence buys or receives any personal property other than agricultural products from an unemancipated minor unless the child's custodial parent or guardian has consented in writing to the transaction;

2. He knowingly permits a minor child to enter or remain in a place where illegal activity in controlled substances, as defined in Chapter 579 of the Revised Statutes of Missouri, is maintained or conducted;

3. He with criminal negligence sells blasting caps, bulk gun powder, or explosives to a child under the age of seventeen (17), or fireworks as defined in Section 320.110 of the Revised Statues of Missouri to a child under the age of fourteen (14), unless the child's custodial parent or guardian has consented in person or in writing to the transaction. Criminal negligence as to the age of the child is not an element of this offense;

4. He employs any child under the age of sixteen (16) years to labor in any smelter, mill, mine, factory, or in or about any business or employment whatever within the City during the school hours of any school day;

5. Shall tattoo any minor under the age of eighteen (18) years unless the custodial parent, or guardian has consented in writing to such tattooing of said minor; or

6. Shall procure for any minor any article which the minor is forbidden by law to purchase.

Section 210.2260 Unlawful Acts by Minor Prohibited.

[R.O. 2003 §210.520; Ord. No. 476 §75.06.010, 12-7-1989; Ord. No. 581 §1, 9-3-1998]

A. It shall be unlawful for any minor under the age of seventeen (17) years of age to commit any act in violation of Section 210.1970.

B. It shall be unlawful for a minor to make false statements, or to furnish or present any fictitious or false registration card, identification card, or note or document, or to furnish, present or exhibit such documents issued to a person other than the one presenting the same, for the purpose of gaining admission to prohibited places or for the purpose of procuring the sale, gift, or delivery of prohibited articles.

C. It shall be unlawful for a minor to engage or utilize the services of any other person, whether for remuneration or not, to procure for such minor any article which the minor is forbidden by law to purchase.

D. It shall be unlawful for any minor to hang onto any moving vehicle.

Section 210.2270 Aiding or Harboring a Runaway.

[R.O. 2003 §210.545; Ord. No. 737 §2, 3-2-2006]

A. A person who knowingly permits or aids any child to run away from an institution under the control of the division or a dwelling belonging to a parent or legal guardian located within the City limits of Buckner or conceals the child with the intent of enabling him to elude pursuit is guilty of an ordinance violation and, upon conviction, shall be punished as provided by law.

B. It shall be the duty of every Law Enforcement Official and any official who is designated by the division to detain, with or without a warrant, any child who shall have run away from a facility or dwelling belonging to a parent or guardian located within the City limits of Buckner and to hold him subject to the orders of the division.

Section 210.2280 Forgery.

A. A person commits the offense of forgery if, with the purpose to defraud, the person:

1. Makes, completes, alters or authenticates any writing so that it purports to have been made by another or at another time or place or in a numbered sequence other than was in fact the case or with different terms or by authority of one who did not give such authority; or

2. Erases, obliterates or destroys any writing; or

3. Makes or alters anything other than a writing, including receipts and universal product codes, so that it purports to have a genuineness, antiquity, rarity, ownership or authorship which it does not possess; or

4. Uses as genuine, or possesses for the purpose of using as genuine, or transfers with the knowledge or belief that it will be used as genuine, any writing or other thing including receipts and universal product codes, which the person knows has been made or altered in the manner described in this Section.

Section 210.2290 Identity Theft — Penalty — Restitution — Other Civil Remedies Available — Exempted Activities.

A. A person commits the offense of identity theft if he or she knowingly and with the 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 or her use.

B. In addition to any penalties, the court may order that the defendant make restitution to any victim of the offense. Restitution may include payment for any costs, including attorney fees, incurred by the victim:

1. In clearing the credit history or credit rating of the victim; and

2. In connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising from the actions of the defendant.

C. Any person who commits an act made unlawful by Subsection (A) of this Section shall be liable to the person to whom the identifying information belonged for civil damages of up to five thousand dollars ($5,000.00) for each incident, or three (3) times the amount of actual damages, whichever amount is greater. A person damaged as set forth in Subsection (A) of this Section may also institute a civil action to enjoin and restrain future acts that would constitute a violation of Subsection (A) of this Section. The court, in an action brought under this Subsection, may award reasonable attorneys' fees to the plaintiff.

D. If the identifying information of a deceased person is used in a manner made unlawful by Subsection (A) of this Section, the deceased person's estate shall have the right to recover damages pursuant to Subsection (C) of this Section.

E. This Section shall not apply to the following activities:

1. A person obtains the identity of another person to misrepresent his or her age for the sole purpose of obtaining alcoholic beverages, tobacco, going to a gaming establishment, or another privilege denied to minors;

2. A person obtains means of identification or information in the course of a bona fide consumer or commercial transaction;

3. A person exercises, in good faith, a security interest or right of offset by a creditor or financial institution;

4. A person complies, in good faith, with any warrant, court order, levy, garnishment, attachment, or other judicial or administrative order, decree, or directive, when any party is required to do so;

5. A person is otherwise authorized by law to engage in the conduct that is the subject of the prosecution.

Section 210.2300 Disrupting Public Meetings.

[Ord. No. 1106 §1, 4-7-2011]

A. For purposes of this Section, a public meeting shall be defined to mean any meeting of a public governmental body, as defined in Chapter 610, RSMo., whether that meeting is open or closed.

B. It shall be unlawful for any person to purposely disrupt a public meeting by:

1. Using or threatening violence, force or other physical interference or obstacle;

2. Causing an excessive, unnecessary or unusually loud noise, obscene language or actions which unreasonably interferes with the conduct of the public meeting; or

3. Creating a noxious or offensive odor.

Section 210.2310 Open Containers.

[Ord. No. 1113 §1, 6-2-2011]

A. No person shall possess any open container of any alcoholic beverage nor shall any person consume or drink any alcoholic beverage on public property within the City of Buckner, including but not limited to any public building, street, alley, sidewalk, public lot, park, recreational facility, within a vehicle or at a public facility, except as provided in this Section.

B. The prohibition in this Section shall not apply to the possession or consumption of alcoholic beverages within premises licensed to sell alcoholic beverages by the drink properly located on public property pursuant to the liquor license of the holder.

Section 210.2320 Lingering.

[Ord. No. 1231 §1, 1-5-2012]

A. It is unlawful for any person to linger within 100 feet of any business. It is also unlawful for any person to linger in any other place, at any time or in any manner under circumstances that warrant justifiable and reasonable alarm or immediate concern that the person seeks to possess, buy, sell or distribute any deadly weapon, illegal intoxicant or otherwise commit any crime of offense or attempt to entice others to do so.

B. As used herein, the expression "linger" means remaining outdoors in any location in which the individual does not have an ownership interest or leasehold interest or permission from the owner or lessee while repeatedly stopping or attempting to stop or interfere with the free passage of others, repeatedly engaging in or attempting to engage others in conversation and/or repeatedly stopping or attempting to stop motor vehicles, by any one or more of these activities with the purpose of possessing, buying, selling, or distributing any deadly weapon, controlled substance, illegal intoxicant or for committing or attempting to commit any crime or offense or enticing others to do so or to loiter, prowl or wander upon the private property of another, at any time, without visible or lawful business with the owner or occupant.

C. Among the circumstances which may be considered in determining whether alarm or immediate concern as set forth in Subsection (A) is warranted, is whether a person takes flight upon the appearance of a Law Enforcement Officer, refuses to provide identity, or endeavors to conceal himself, herself or any object. Unless flight by the person or other circumstances make it impracticable, a Law Enforcement Officer shall, prior to any arrest for an offense under this Section afford the person an opportunity to dispel any alarm or immediate concern by requesting that the person provide identity, explain his or her presence and conduct, and demonstrate that he or she is unarmed.

Section 210.2330 Failure to Abate Illegal Activity on Property.

[Ord. No. 1256 §1, 11-1-2012]

A. It shall be unlawful for any owner, occupant, or other person or legal entity with a lawful right to the use and enjoyment of any property to knowingly fail to abate any illegal activity upon, or nuisance related to, the property so owned, occupied or to which such a legal right exists.

B. 

As used in this Section, the following terms shall have the meaning indicated:

ILLEGAL ACTIVITY UPON, OR NUISANCE RELATED TO

1. Any activity which can cause harm, inconvenience or damage or otherwise interfere with the enjoyment of life or property or cause danger to the public by any person upon the property;

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

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

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

5. Any other activity classified as an ordinance violation, misdemeanor, or felony under any applicable municipal, county, state, or federal law by any person upon the property.

C. Upon receipt of written notice from law enforcement authorities that a specified unlawful activity or nuisance has occurred upon the property, the owner, occupant or other person or legal entity with a 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 the property against trespassers, or such other actions as are necessary, efficient or prudent. Refusal to cooperate with a 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).

D. Nothing contained herein shall be read or construed as preventing Law Enforcement Officials from foregoing commencement of action under this Section when, in the judgment of such officials, it would be more appropriate to commence action under relevant State criminal or civil law.

E. In addition to the remedies set out hereinabove, the City Prosecutor is authorized to bring and maintain a civil proceeding in the name of the City of Buckner in any court of competent jurisdiction to permanently enjoin the maintenance of a nuisance or the continuation of unlawful activity upon any property within the corporate limits of the City of Buckner. The City Prosecutor may cause the actual cost of nuisance abatement activities by law enforcement to be introduced at trial as an offset against fair market value of the property as provided by law.

F. In addition to the 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 Buckner.

G. Persons found guilty of violation of this Section shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment of not more than ninety days (90) days or by both said fine and imprisonment.

Section 210.2340 Walking in Streets.

[Ord. No. 1307 §1, 3-7-2013]

A. It shall be unlawful to walk in the street, as defined herein.

B. Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

C. Where a sidewalk is not available, any pedestrian walking along and upon a street or highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.

D. Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a street or highway shall walk as near as practicable to an outside edge of the roadway, and, if on a two-way roadway, shall walk only on the left side of the roadway.

E. Except as otherwise provided in this article, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway. Any person violating any of the provisions of this section shall be deemed guilty of a City ordinance infraction and upon conviction thereof may be fined in an amount not to exceed five hundred dollars ($500.00) or be imprisoned for a period not exceeding six (6) months. Each incident such violation that is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

Section 210.2350 Solicitation.

[Ord. No. 1315 §1, 6-6-2013]

A. The purpose of this Section is to regulate and punish acts of coercive and aggressive begging and acts of begging that occur at locations or under circumstances specified herein which create an enhanced sense of fear or intimidation in the person being solicited, or pose risk to traffic and public safety.

B. 

Definitions. As used in this Section, the following terms shall have the meanings indicated:

COERCIVE

To do the following with intent:

1. To approach, speak or gesture to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with a commission of a criminal act upon the person, another person or property in the person's possession.

2. To approach a business or residence for the purpose of begging or panhandling.

3. To approach within one (1) foot of a person for the purpose of making a solicitation without obtaining said person's initial consent.

4. To persist in a solicitation after the person solicited has given a negative response.

5. To block the passage of a person, pedestrian traffic, a vehicle or vehicular traffic while making a solicitation.

6. To engage in conduct that would reasonably be construed as intended to compel or force a person being solicited to accede to demands.

7. To make any false or misleading representation in the course of making a solicitation.

SOLICITATION

Any means of asking, begging, requesting, or pleading made in person, orally or in a written or printed manner, directed to another person, requesting an immediate donation of money, contribution, alms, financial aid, charity, gifts of items or service of value, or the purchase of an item or service for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation.

C. Coercive Solicitation Prohibited. It shall be unlawful for a person to make coercive solicitation.

Section 210.2360 Sale of Gasoline and Diesel Fuel — Certain Regulations.

[Ord. No. 785 §1, 12-19-2007]

A. Definitions. As used in this Section, the following terms shall have the meanings provided below:

PRE-APPROVAL

The business has issued an identification card to the purchaser that verifies and records the purchaser's driver's license information.

PRE-PAID

Payment in advance for any quantity of gasoline or diesel fuel sold at any time by cash, credit card, debit card, check or any other legal means.

B. Pre-Payment or Pre-Approval Required. Business establishments that sell gasoline and/or diesel fuel, and their owners and employees, shall require pre-payment or pre-approval of sales of fuel prior to activation or authorization of any fuel-dispensing unit or fuel-pumping device.

C. Violations and Penalties. The violation of any provision of this Chapter shall be punished in accordance with Section 100.220 of the Municipal Code of the City of Buckner, Missouri.

Section 210.2365 Orders Of Protection.

[Ord. No. 982 § 1, 6-2-2016]

A. It shall be unlawful for any person to violate the terms and/or conditions of an Order of Protection (Full Order of Protection or Ex-parte Order of Protection) entered by a court of the State of Missouri or by any other State, tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.

B. A copy of an Order of Protection entered by a court of the State of Missouri, or a certified copy of an Order of Protection entered by another State, tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia shall be prima facie evidence of the existence and validity of the Order of Protection.

C. Refusal of the person whose benefit the Order of Protection was issued to sign a complaint or to testify shall not be a defense to a violation of any Order of Protection.

Section 210.2370 Misuse Of Emergency Telephone Services.

[Ord. No. 985 § 1, 7-21-2016]

In conjunction with Jackson County, an emergency telephone service pursuant to Sections 190.300 to 190.320, RSMo., has been established, and it shall be unlawful for any person to misuse the emergency telephone service. For the purposes of this Section, "emergency" means any incident involving danger to life or property that calls for an emergency response dispatch of police, fire, EMS or other public safety organization, "misuse of the emergency telephone service," includes, but is not limited to, repeatedly calling the "911" for non-emergency situations causing operators or equipment to be in use when emergency situations may need such operators or equipment and "repeatedly" means three (3) or more times within a one (1) month period.