A.
A person
commits the offense of peace disturbance if:
1.
He/she unreasonably and knowingly disturbs or alarms another person
or persons by:
a.
Loud noise;
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;
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;
d.
Fighting; or
e.
Creating a noxious and offensive odor.
For the purposes of Sections 210.210 and 210.220, the following words shall have the meanings set out herein:
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.
|
[CC 1981 §210.030; Ord. No. 77 §§1 — 3, 7-1-1959; Ord. No. 328 §2, 7-26-1972; Ord. No. 560 §§2 —
3, 7-11-1984]
A.
It
shall be unlawful for any person to make, continue or cause to be
made or continued any excessive, unnecessary or unusually loud noise
or any noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others within the limits
of the City.
B.
Noises Prohibited — Unnecessary Noise Standard. The
following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this Section, but said enumeration
shall not be deemed to be exclusive, namely:
1.
By the operation of any motor vehicle without a standard muffler.
2.
The causing of a screeching noise in the act of placing a motor vehicle
in motion with the tires of such motor vehicle.
3.
The firing of explosives of any kind without a special permit from
the Board of Aldermen of the City.
4.
Other noises of an intensity generally disagreeable and offensive.
5.
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle, streetcar
or other vehicle on any street or public place of the City, except
as a danger warning; the creation by means of any such signaling device
of any unreasonably loud or harsh sound; and the sounding of any such
device for an unnecessary and unreasonable period of time. The use
of any signaling device except one operated by hand or electricity;
the use of any horn, whistle or other device operated by engine exhaust;
and the use of any such signaling device when traffic is for any reason
held up.
6.
Radios, phonographs, etc. The using, operating or
permitting to be played, used or operated any radio receiving set,
musical instrument, phonograph, or other machine or device for the
producing or reproducing of sound in such manner at to disturb the
peace, quiet and comfort of the neighboring inhabitants or at any
time with louder volume than is necessary for convenient hearing for
the person or persons who are in the room, vehicle or chamber in which
such machine or device is operated and who are voluntary listeners
thereto. The operation of any such set, instrument, phonograph, machine
or device between the hours of 11:00 P.M. and 7:00 A.M. in such a
manner as to be plainly audible at a distance of fifty (50) feet from
the building, structure or vehicle in which it is located shall be
prima facie evidence of a violation of this Section.
7.
Loudspeakers, amplifiers for advertising. The using,
operating or permitting to be played, used or operated of any radio
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier, or other machine or device for the producing or reproducing
of sound which is used upon the public streets for the purpose of
commercial advertising or attracting the attention of the public to
any building or structure.
8.
Yelling, shouting, etc. Yelling, shouting, hooting,
whistling or singing on the public streets particularly between the
hours of 11:00 P.M. and 7:00 A.M. or at any time or place so as to
annoy or disturb the quiet, comfort or repose of persons in any office
or in any dwelling, hotel or other type of residence or of any persons
in the vicinity.
9.
Animals, birds, etc. The keeping of any animal or
bird which by causing frequent or long continued noise shall disturb
the comfort or repose of any persons in the vicinity.
10.
Steam whistles. The blowing of any locomotive steam
whistle or steam whistle attached to any stationary boiler except
to give notice of the time to begin or stop work, or as a warning
of fire or danger, or upon request of proper City authorities.
11.
Exhausts. The discharge into the open air of the
exhaust of any steam engine, stationary internal combustion engine,
motorboat or motor vehicle except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
12.
Defect in vehicle or load. The use of any automobile,
motorcycle or vehicle so out of repair, so loaded or in such a manner
as to create loud and unnecessary grating, grinding, rattling or other
noise.
13.
Loading, unloading, opening boxes. The creation
of a loud and excessive noise in connection with loading or unloading
any vehicle or the opening and destruction of bales, boxes, crates
and containers.
14.
Construction or repairing of buildings. The erection
(including excavation), demolition, alteration or repair of any building
other than between the hours of 7:00 A.M. and 6:00 P.M. on weekdays,
except in case of urgent necessity in the interest of public health
and safety, and then only with a permit from the Building Inspector,
which permit may be granted for a period not to exceed three (3) days
or less while the emergency continues and which permit may be renewed
for periods of three (3) days or less while the emergency continues.
If the Building Inspector should determine that the public health
and safety will not be impaired by the erection, demolition, alteration
or repair of any building or the excavation of streets and highways
within the hours of 6:00 P.M. and 7:00 A.M., and if he/she shall further
determine that loss or inconvenience would not result to any party
in interest, he/she may grant permission for such work to be done
within the hours of 6:00 P.M. and 7:00 A.M., upon application being
made at the time the permit for the work is awarded or during the
progress of the work.
15.
Schools, courts, churches, hospitals. The creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court while the same are in use, or adjacent
to any hospital, which unreasonably interferes with the workings of
such institution, or which disturbs or unduly annoys patients in the
hospital, provided conspicuous signs are displayed in such streets
indicating that the same is a school, hospital or court street.
16.
Hawkers, peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
17.
Drums. The use of any drum or other instrument or
device for the purpose of attracting attention by creation of noise
to any performance, show or sale.
18.
Metal rails, pillars and columns, transportation thereof. The transportation of rails, pillars or columns of iron, steel or
other material over and along streets and other public places upon
carts, trays, cars, trucks or in any other manner so loaded as to
cause loud noises or as to disturb the peace and quiet of such streets
or other public places.
19.
Street railway cars, operation thereof. The causing,
permitting or continuing any excessive, unnecessary and avoidable
noise in the operation of a street railway car.
20.
Pile drivers, hammers, etc. The operation between
the hours of 10:00 P.M. and 7:00 A.M. of any pile driver, steam shovel,
pneumatic hammer, derrick, steam or electric noise or other appliance,
the use of which is attended by loud or unusual noise.
21.
Blowers. The operation of any noise-creating blower
or power fan or any internal combustion engine, the operation of which
causes noise due to the explosion of operating gases or fluids, unless
the noise from such blower or fan is muffled and such engine is equipped
with a muffler device sufficient to deaden such noise.
A.
A person
commits the offense of unlawful use of weapons if he/she knowingly:
1.
Carries concealed upon or about his/her person a knife, a firearm,
a blackjack or any other weapon readily capable of lethal use;
2.
Discharges or shoots a firearm within the City limits;
3.
Possesses a firearm or projectile weapon while intoxicated;
4.
Carries a firearm or any other weapon readily capable of lethal use;
or
5.
Carries a firearm, whether loaded or unloaded, or any other weapon
readily capable of lethal use into any school, onto any school bus,
or onto the premises of any function or activity sponsored or sanctioned
by school officials or the district school board.
B.
Subparagraphs (1), (2), (4) and (5) of Subsection (A) of this Section shall not apply to or affect any of the following:
1.
All State, County and municipal Law Enforcement Officers possessing
the duty and power of arrest for violation of the general criminal
laws of the State or for violation of ordinances of Counties or municipalities
of the State, or any person summoned by such officers to assist in
making arrests or preserving the peace while actually engaged in assisting
such officer;
2.
Wardens, superintendents and keepers of prisons, penitentiaries,
jails and other institutions for the detention of persons accused
or convicted of crime;
3.
Members of the Armed Forces or National Guard while performing their
official duty;
4.
Those persons vested by Article V, Section 1 of the Constitution of Missouri with the judicial power of the State and those persons vested by Article III of the Constitution of the United States with the judicial power of the United States, the members of the Federal judiciary;
5.
Any person whose bona fide duty is to execute process, civil or criminal;
6.
Any Federal Probation Officer;
7.
Any State Probation or Parole Officer, including supervisors and
members of the Board of Probation and Parole; and
8.
Any corporate security advisor meeting the definition and fulfilling
the requirements of the regulations established by the Board of Police
Commissioners under Section 84.340, RSMo.
C.
Subparagraphs (1), (3), (4) and (5) of Subsection (A) of this Section do not apply when the actor is transporting such weapons in a non-functioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subparagraph (1) of Subsection (A) of this Section does not apply when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his/her dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through the City. Subparagraph (5) of Subsection (A) of this Section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event.
D.
Nothing
in this Section shall make it unlawful for a student to actually participate
in school-sanctioned gun safety courses, student military or ROTC
courses, or other school-sponsored firearm-related events, provided
the student does not carry a firearm or other weapon readily capable
of lethal use into any school, onto any school bus, or onto the premises
of any function or activity sponsored or sanctioned by school officials
or the district school board.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
A.
A person
commits the offense of unlawful transfer of weapons if he/she:
1.
Knowingly sells, leases, loans, gives away or delivers a blackjack
to a person less than eighteen (18) 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/her 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.
Any person within the limits of this City who shall discharge
any BB gun, spring gun, paintball gun or air gun or shall shoot any
pebble, bullet, slug, arrow or other hard substance by means of a
sling, bow, crossbow, rubber band or bow or any other means shall
be deemed guilty of an ordinance violation.
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.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[CC 1981 §210.020; Ord. No. 429 §§1 — 3, 1-12-1977]
A.
A person
shall not commit or engage in an act of disorderly conduct.
B.
For
the purpose of this Section, an act of "disorderly conduct" shall mean:
1.
Acting in a violent or tumultuous manner toward another person whereby
he/she is placed in fear of safety of his/her life, limb or health;
or
2.
Acting in a violent or tumultuous manner toward another person whereby
his/her property is placed in danger of being destroyed; or
3.
Endangering the lawful pursuits of another by acts of violence, angry
threats or abusive conduct; or
4.
Causing, provoking or engaging in any fight, brawl or riotous conduct
so as to endanger the life, limb, health or property of another; or
5.
Assembling or congregating with another or others for the purpose
of causing, provoking or engaging in any fight or brawl; or
6.
Jostling or roughly crowding or pushing any person in any public
place; or
7.
Collecting in bodies or in crowds for unlawful purposes as defined
by current or future ordinances of the City of Winchester; or
8.
Assembling or congregating with another or others for the purpose
or with the intent to engage in gaming; or
9.
Frequenting any public place with the intent to obtain money from
other persons by illegal or fraudulent schemes, tricks, artifices
or devices; or
10.
Assembling for the purpose of engaging in any fraudulent scheme or
device or trade to obtain any valuable thing from any place or any
person; or
11.
Accosting or attempting to pick up or attempting to force the company
of a person upon any female; or
12.
Uttering in the presence of another any bawdy, lewd or obscene words
or epithets; or
13.
Frequenting any place where gaming or illegal sale or possession
of alcoholic beverages or narcotics or dangerous drugs is practiced,
allowed or tolerated; or
14.
Acting in a dangerous manner toward others; or
15.
Using "fighting words" toward any person; or
16.
Assembling or congregating for the purpose of trouncing upon another;
or
17.
Interfering by acts of violence with another's pursuit of a lawful
occupation; or
18.
Interfering with the free and unobstructed use of a public way or
place of public nature by another person or other persons; or
19.
Using in the presence of another:
a.
Common words denoting or relating to the questionable parentage of
another; or
b.
Any derogatory words relating to the privates of a male, female or
hermaphrodite; or
c.
Any derogatory words relating to the productive method of males or
females whether or not used in connection with profane language; or
d.
Any derogatory words relating to the methods of sexual intercourse
with relatives or strangers.
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.
