Cross Reference — As to riots, see ch. 28.
[Ord. No. 32 § 762, c.a. 1918; Ord.
No. 1590 § 1, 12-17-1990]
A person commits the ordinance violation of assault if:
1.
He/she attempts to cause, knowingly causes, or recklessly causes
physical injury to another person; or
2.
He/she purposely places another person in apprehension of immediate
physical injury; or
3.
He/she knowingly causes physical contact with another person knowing
the other person will regard the contact as offensive or provocative.
[Ord. No. 2702 § 1, 9-17-2012]
A.
A person commits the ordinance violation of domestic assault if the
act involves a family member or household member including any child
who is a family member or household member, and:
1.
The person attempts to cause or recklessly causes physical injury
to such family member or household member; or
2.
With criminal negligence the person causes physical injury to such
family member or household member by means of a deadly weapon or dangerous
instrument; or
3.
The person purposely places such family member or household member
in apprehension of immediate physical injury by any means; or
4.
The person recklessly engages in conduct which creates a grave risk
of death or serious physical injury to such family member or household
member; or
5.
The person knowingly causes physical contact with such family member
or household member knowing the other person will regard the contact
as offensive; or
6.
The person knowingly attempts to cause or causes the isolation of
such family member or household member by unreasonably and substantially
restricting or limiting such family member or household member's access
to other persons, telecommunication devices or transportation for
the purpose of isolation.
B.
CONDUCT
FAMILY MEMBER OR HOUSEHOLD MEMBER
SERIOUS PHYSICAL INJURY
For the purposes of this Section, the following words and phrases
shall have the following meanings:
Includes any act or omission.
A spouse, former spouse, any person related by blood or marriage,
persons who are presently residing together or have resided together
in the past, any person who is or has been in a continuing social
relationship of a romantic or intimate nature with the victim, and
anyone who has a child in common regardless of whether they have been
married or have resided together at any time.
Physical injury that creates a substantial risk of death
or that causes serious disfigurement or protracted loss or impairment
of the function of any part of the body.
[1]
State Law References — For similar provisions, see RSMo.
§§ 455.010, 565.002, 565.074.
[Ord. No. 32 § 831, c.a. 1918; Ord.
No. 1590 § 2, 12-17-1990]
A person is guilty of attempt to commit an ordinance violation
when, with the purpose of committing the ordinance violation, he/she
does any act which is a substantial step towards the commission of
the ordinance violation. A "substantial step" is
conduct which is strongly corroborative of the firmness of the actor's
purpose to complete the commission of the ordinance violation.
[Ord. No. 32 § 802, c.a. 1918; Ord.
No. 1666 § 1, 3-16-1992]
It shall be unlawful for any person to erect or cause to be
erected any fence or part of a fence constructed entirely or in part
of barbed wire, within the City limits along a public street or alley
where a public sidewalk now exists or may hereafter exist, except
that a political subdivision, including the City, or a utility company
may erect a fence topped by barbed wire in such locations so as to
restrict access to utility equipment or structures which are not contained
within a building.
[1]
State Law Reference — As to authority of fourth class
cities to regulate, prohibit, etc., fences, see RSMo. § 79.400(I).
[Ord. No. 1998 § 1, 2-17-1998]
A.
A person commits the ordinance violation of aiding and abetting another
in the commission of an ordinance violation when either before or
during the commission of an ordinance violation with the purpose of
promoting the commission of an ordinance violation, that person aids
or agrees to aid or attempts to aid such other person in planning,
committing or attempting to commit the ordinance violation.
B.
However, a person will not be considered to have committed the ordinance
violation of aiding and abetting another in the commission of an ordinance
violation if:
1.
Alleged aider and abetter is the victim of the ordinance violation
committed or attempted; or
2.
The ordinance violation is so defined that the person's conduct was
necessarily incident to the commission or attempt to commit the ordinance
violation. If that person's conduct constitutes a related but separate
ordinance violation, the person is responsible for that ordinance
violation but not for the conduct or ordinance violation committed
or attempted by the other person; or
3.
Before the commission of the ordinance violation, that person abandons
the person's purpose and gives timely warning to law enforcement authorities
or otherwise makes proper effort to prevent the commission of the
ordinance violation, which is an affirmative defense.
C.
It is no defense to any prosecution for aiding and abetting another
in the commission of an ordinance violation that such other person
has been acquitted or has not been convicted or has been convicted
of some other offense or ordinance violation or degree of offense
or lacked criminal capacity or was unaware of the defendant's criminal
purpose or is not amenable to justice.
[Repealed by Ord. No. 1590 § 17, 12-17-1990]
[Ord. No. 32 § 791, c.a. 1918]
Whoever shall in this City keep or leave open any cellar or
other excavation, in the nighttime, on or near any street or alley,
or shall keep or leave any cellar door on any sidewalk open or in
a dangerous or insecure manner at any time shall be deemed guilty
of a misdemeanor.
[Ord. No. 32 § 774, c.a. 1918; Ord.
No. 1704 § 1, 10-19-1992; Ord. No. 2390 § 1, 1-16-2006; Ord.
No. 3025, 7-15-2019[2]]
A.
ALTERNATIVE NICOTINE PRODUCT
DISTRIBUTE
PROOF OF AGE
SAMPLE
SAMPLING
TOBACCO PRODUCTS
VAPOR PRODUCT
VENDING MACHINES
Definitions. For the purposes of this Section, the
following words and phrases shall have the following meanings:
Any non-combustible product containing nicotine that is intended
for human consumption, whether chewed, absorbed, dissolved, or ingested
by any other means. Alternative nicotine product does not include
any product regulated as a drug or device by the United States Food
and Drug Administration under Chapter V of the Food, Drug, and Cosmetic
Act.
A conveyance to the public by sale, barter, gift or sample.
A driver's license or any other government issued photo identification
that contains a picture of the individual, the date of birth, and
appears on its face to be valid.
A tobacco product distributed to members of the general public
at no cost or at nominal cost for product promotional purposes.
The distribution to members of the general public of tobacco
product samples.
Tobacco or tobacco product means any product containing,
made, or derived from tobacco or nicotine, whether natural or synthetic,
that is intended for human consumption or is likely to be consumed,
whether smoked, heated, chewed, snorted, sniffed, absorbed, dissolved,
inhaled or ingested by any other means, including, but not limited
to, cigarettes, cigars, little cigars, pipe tobacco, chewing tobacco,
snuff, or snus. Tobacco or tobacco product also means any component
or accessory used in the consumption of tobacco products, whether
or not they contain nicotine, including, but not limited to, filters,
cartridges, pods, pens, rolling papers, or pipes.
Any non-combustible product, whether containing nicotine
or not, that employs a heating element, power source, electronic circuit,
or other electronic, chemical or mechanical means, regardless of shape
or size, that can be used to produce vapor from nicotine in a solution
or other form. Vapor product includes any electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, or similar product or
device and any vapor cartridge or other container of nicotine in a
solution or other form that is intended to be used with or in an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe,
or similar product or device.
Any mechanical, electric or electronic self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products.
B.
No person or entity shall sell, provide or distribute any tobacco,
alternative nicotine, or vapor products to any person under eighteen
(18) years of age.
C.
The owner of an establishment at which tobacco, alternative nicotine,
or vapor products are sold at retail or through vending machines shall
cause to be prominently displayed in a conspicuous place at every
display from which tobacco products are sold and on every vending
machine where tobacco products are purchased a sign that shall:
1.
Contain in red lettering at least one-half (1/2) inch high on a white
background the following: "It is a violation of law for tobacco, alternative
nicotine, or vapor products to be sold or otherwise provided to any
person under the age of eighteen (18) or for such person to purchase,
attempt to purchase or possess cigarettes or other tobacco products";
and
2.
Include a depiction of a pack of cigarettes at least two (2) inches
high defaced by a red diagonal diameter of a surrounding red circle
and the words "Under 18".
|
No person or entity shall sell tobacco, alternative nicotine,
or vapor products unless such packs satisfy one (1) of the following
conditions prior to the time of sale:
| ||
|
1.
|
It is sold through a vending machine that is in a location that
is not accessible at any time to persons under the age of eighteen
(18); or
| |
|
2.
|
It is displayed behind the checkout counter.
| |
D.
From time to time, but at least twice per year, the City or its authorized
agent shall conduct compliance checks on each tobacco, alternative
nicotine, or vapor products retailer. The City shall conduct compliance
checks by engaging persons between the ages of sixteen (16) and eighteen
(18) to enter the premises to attempt to purchase tobacco, alternative
nicotine, or vapor products. Unannounced follow-up compliance check(s)
of all non-compliant retailers are required within three (3) months
of any violation of this Article. The results of all compliance checks
and inspections shall be published by the City or its authorized agent
at least annually and made available to the public upon request.
A person or entity selling tobacco, alternative nicotine, or
vapor products or distributing tobacco, alternative nicotine, or vapor
product samples shall require proof of age from a prospective purchaser
or recipient if an ordinary person would conclude on the basis of
appearance that such prospective purchaser or recipient may be under
the age of thirty (30). Reasonable reliance on proof of age shall
be a defense to any action for a violation of this Section. A person
cited for selling, providing or distributing of any tobacco, alternative
nicotine or vapor product to any individual less than eighteen (18)
years of age in violation of this Section shall not be found guilty
of such violation if such person raises and proves as an affirmative
defense that such individual presented a driver's license or other
government-issued photo identification purporting to establish that
such individual was eighteen (18) years of age or older.
E.
If a sale or distribution of a tobacco, alternative nicotine, or vapor product is made by an employee of the owner of an establishment in violation of this Section, the employee shall be guilty of the offense established in this Section. If there is not displayed on a tobacco, alternative nicotine or vapor product vending machine or in a conspicuous place at every tobacco, alternative nicotine or vapor products display a sign meeting the requirements of Subsection (C) of this Section, the owner of the establishment where the vending machine or tobacco products display is located shall be guilty of an offense under this Section. If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of an offense under this Section.
F.
Any person, including, but not limited to, a sales Clerk, owner or
operator, who violates this Section shall be fined:
|
1.
|
For the first (1st) offense
|
$250.00
|
|
2.
|
For the second (2nd) offense
|
$500.00
|
|
3.
|
For the third (3rd) and any subsequent offense under this Section
|
$500.00
|
G.
Tobacco
Retailers. Any tobacco retailer found to have violated this Section
shall be subject to: (1) For a first violation, a fine no less than
two hundred fifty dollars ($250.00); (2) For a second violation within
a thirty-six (36) month period, a fine no less than five hundred dollars
($500.00) and the tobacco retailer shall be prohibited from distributing
tobacco products for a minimum of seven (7) days; (3) For a third
violation within a thirty-six (36) month period, a fine no less than
five hundred dollars ($500.00) and the tobacco retailer shall be prohibited
from distributing tobacco products for a minimum of thirty (30) days;
and (4) For a fourth and any subsequent violations within a thirty-six
(36) month period, a fine no less than five hundred dollars ($500.00)
and the tobacco retailer shall be prohibited from distributing tobacco
products for a period of ninety (90) days.
It shall be unlawful for any person to wilfully destroy, deface
or otherwise injure any real or personal property owned, rented or
leased by the City or any of its administrative agencies, or to cause
any such injury to be done.
[Ord. No. 2480 § 2, 8-20-2007]
It shall be unlawful for any person to be inside the premises
of the City parking lot located at the intersection of Railroad Street
and North Allen Street in lots four (4) and five (5) of block twenty-three
(23) of the original town, now City of Centralia, Missouri, between
the hours of 12:01 A.M. and 6:00 A.M., unless written permission is
given by the Mayor, Chief of Police or City Administrator for certain
persons to be inside the City parking lot during some or all of those
hours, or unless the Board of Aldermen, by resolution, provides that
all persons may be inside the City parking lot during some or all
of the hours for certain specified days. Notice of this ordinance
provision shall be given by the posting of one (1) or more signs.
[Ord. No. 32 § 876, c.a. 1918; Ord.
No. 1590 § 3, 12-17-1990]
A person is guilty of the ordinance violation of conspiracy
with another person or persons to commit a violation of a City ordinance
if, with the purpose of promoting or facilitating its commission,
he agrees with such other person or persons that they or one (1) or
more of them will engage in conduct which constitutes a violation
of a City ordinance. No person may be convicted of conspiracy to commit
an ordinance violation unless an overt act in pursuance of such conspiracy
is alleged and proved to have been done by him or by a person with
whom he conspired.
[Ord. No. 1050 § 1, 9-10-1974]
It shall be unlawful for any person to drink any alcoholic beverage upon any public street, public alley or public sidewalk in the City. Any person violating the provisions of this Section shall, upon conviction, be guilty of a misdemeanor, and upon conviction therefor shall be punished in accordance with the general penalty provided in Section 1-7 of this Code.
[Ord. No. 2046 § 1, 11-16-1998]
It shall be unlawful for any person to bring onto or have in
his or her possession or consume on property owned or possessed by
the Centralia R-6 School District any intoxicating liquor or non-intoxicating
beer, as defined by State law.
[Ord. No. 28 § 1, 1-16-1918; Ord.
No. 433 § 1, 11-20-1950; Ord. No. 1813 § 1, 9-19-1994]
A.
BUSINESS ESTABLISHMENT
CURFEW HOURS
EMERGENCY
GUARDIAN
MINOR
PARENT
PUBLIC PLACE
REMAIN
Definitions. For purposes of this Section, the following
terms and phrases shall have the meanings ascribed to them by this
Subsection:
Any privately-owned place of business operated for a profit
to which the public is invited, including but not limited to any place
of amusement or entertainment, restaurants and convenience stores.
11:00 P.M. on any day until 5:30 A.M. of the following day.
Unforeseen circumstances or the resulting state of such circumstances
that calls for immediate action. The term includes, but is not limited
to, a fire, a natural disaster, an automobile accident, or any situation
requiring immediate action to prevent serious bodily injury or loss
of life.
A person who, under court order, is the guardian of the person
of a minor.
Any person under sixteen (16) years of age.
A person who is:
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, sidewalks,
alleys, property owned by a governmental body, the common areas of
apartments, and privately-owned vacant land.
To:
B.
Offense. Except as provided in Subsection (C), it shall be unlawful for any minor to remain in a public place or on the premises of a business establishment within the City during curfew hours. A minor may come within the provisions of this Section while in a motor vehicle.
C.
Defenses. It is a defense to any enforcement action under Subsection (B) that the minor was:
1.
Accompanied by the minor's parent or guardian; or
2.
On an errand or otherwise performing a specific legal act at the
direction of the minor's parent or guardian, without any detour or
stop; or
3.
In a motor vehicle involved in interstate travel; or
4.
Engaged in a legal employment activity, or going to or returning
home from a legal employment activity, without any detour or stop;
or
5.
Involved in an emergency; or
6.
On the sidewalk or alley abutting the minor's residence or abutting
the residence of a next-door neighbor if the neighbor did not complain
to the police about the minor's presence; or
7.
Attending an official school, religious, or other activity or event
sponsored by the City of Centralia or the Centralia R-VI School District,
or a legal activity or event sponsored by a civic organization, church
or other similar entity, including fairs, festivals and like entertainment
or amusement events; or
8.
Going to or returning home from, without any detour or stop, an official
school, religious, or other activity or event sponsored by the City
of Centralia or the Centralia R-VI School District, or a legal activity
or event sponsored by a civic organization, church or other similar
entity, including fairs, festivals, and like entertainment or amusement
events; or
9.
Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech,
and the right of assembly; or
10.
Going to or returning home from, without any detour or stop, an activity
where the minor was exercising First Amendment rights protected by
the United States Constitution, such as the free exercise of religion,
freedom of speech, and the right of assembly; or
11.
Married or otherwise emancipated.
D.
Enforcement. Before taking any enforcement action under this Section, a Police Officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the business establishment. The officer shall not issue a complaint or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection (C) is present.
[Repealed by Ord. No. 1813 § 2, 9-19-1994]
[Ord. No. 32 § 818, c.a. 1918]
Any person who shall put or cause to be put any dead animal,
carcass or part thereof, or any offal or other filth into any well,
cistern, drinking fountain, trough or basin used for drinking purposes
or into any water which is or may be used by the public for drinking
purposes within this City shall be deemed guilty of a misdemeanor.
[Ord. No. 32 § 919, c.a. 1918; Ord.
No. 1590 § 4, 12-17-1990]
If any person shall intentionally deface, obliterate, tear down
or destroy before the expiration of the time for which the same shall
have been set up any copy, transcript or extract from any law of the
United States, the State or the City, or any proclamation, advertisement
or notice set up at any place in this City by authority of any law
of the United States, the State or the City, or by order of the Mayor,
Board of Aldermen, or any officer of such City within this City, such
person shall be deemed guilty of a misdemeanor.
[Ord. No. 32 § 877, c.a. 1918; Ord.
No. 1590 § 5, 12-17-1990]
Every person who shall, by force, menace or threats of violence
to the person or property of another, compel or attempt to compel
any person to abandon any lawful occupation or employment for any
length of time, or prevent or attempt to prevent any person from accepting
or entering upon any lawful employment within this City or interfere
with such lawful occupation or employment, shall be guilty of a misdemeanor.
[Repealed by Ord. No. 1590 § 17, 12-17-1990]
[Ord. No. 1395 § 1, 9-21-1987; Ord. No. 1590 § 6, 12-17-1990]
Any person who shall do or engage in the following shall be
guilty of disorderly conduct:
A.
Any person who shall congregate with another or others in or upon
any public way so as to obstruct the flow or free passage of vehicular
traffic or pedestrians and fail to clear such public way when ordered
by City Police or any other Law Enforcement Officer to cease said
obstruction.
B.
Any person who shall engage in any fraudulent or deceptive scheme,
device or trick to obtain something of value from any person in the
City, or who shall aid or abet in said acts.
C.
Any person who shall voluntarily or by agreement with any other person,
engage in any fight with any other person or use any blows, physical
force or violence toward any other person.
[1]
State Law Reference — As to authority of Board of Aldermen
to enact ordinances to prohibit and suppress disorderly practices,
assaults and batteries, etc., see RSMo. § 79.450, subsecs.
1, 2.
[Ord. No. 1046 §§ 1-7, 8-12-1974]
A.
DWELLING
NON-RESIDENTIAL AREA
OCCUPANT
OWNER
PERSON ORGANIZED FOR PROFIT
PRINTED MATERIAL
1.
2.
a.
b.
c.
RESIDENTIAL AREA
Definitions. For purposes of this Section, the following
words and phrases shall have the meanings ascribed to them by this
Section:
A dwelling is any building or structure used for human abode,
including the lot on which said building or structure is located.
A nonresidential area is any area in the City that is not
a residential area as defined in this Subsection.
Any adult member of the family or other group residing in
a particular dwelling.
Is any owner or lessee or his authorized agent of any premises
in a nonresidential area.
A person organized for profit is any individual, partnership,
corporation, trust, estate, cooperative, association or other entity
which has as a purpose or goal, the private gain, direct or indirect,
of its members, partners, shareholders, beneficiaries or other constituent
elements.
For purposes of this Section, printed material shall refer
to all of the following types of printed matter:
Any and all newspapers, magazines, periodicals, journals which
are not distributed pursuant to a subscription agreement.
All shoppers, flyers, circulars, leaflets, pamphlets, papers,
samples, dodgers, booklets, catalogs, brochures, folders, notices,
or other written, printed, typed or reproduced matter which:
Advertises for sale any merchandise, product, commodity or thing;
Which directs attention to or advertises any meeting, performance,
lecture, or event of any kind for which an admission fee is charged
for private gain on behalf of a person organized for profit, or
Which advertises, promotes, or otherwise directs attention to
the activities or organizations which are conducted for private gain
on behalf of a person organized for profit.
A residential area is any zoned specifically for residential
use, or any area zoned such that residential use is permitted.
B.
Purpose. To protect the people against the nuisance
of an incident of the indiscriminate distribution of unsolicited printed
materials. The public interest, convenience and necessity require
regulation thereof, and to that end, the purposes of this Section
are declared to be as follows:
1.
To protect local residents against the health and safety menace and
expense incident to the littering by indiscriminate distribution of
the printed material.
2.
To preserve to the people their constitutional right to receive and
disseminate information by distinguishing between the indiscriminate
and uncontrolled distribution of unsolicited printed material, and
the delivery or distribution of requested printed material.
C.
Regulation of Method of Distribution. Any person
distributing printed material pursuant to the provisions of this Section
in a residential area shall place or deposit such material on or about
the handle of the door to the dwelling place, or shall otherwise secure
or attach such printed material to the door of the dwelling place;
provided, that nothing herein shall be construed as authorizing the
use of mailboxes as depositories for distributed material.
Any person distributing printed material pursuant to the provisions
of this Section in a nonresidential area shall place or deposit such
material on or about the handle of the door of the premises or shall
otherwise secure or attach such printed material to the door of the
premises, or hand the material to the owner or authorized agent or
employee of the premises if present at the premises.
D.
Notice by Occupant or Owner. Any occupant of a dwelling
or owner of nonresidential premises may give notice requesting nondelivery
of any written or printed material by:
E.
Identification of Printed Materials. It shall be
unlawful for any person organized for profit to print, write, compile
or manufacture or cause the printing, writing, compiling or manufacturing
of any printed matter for use in unsolicited, indiscriminate distributions
in the City, which does not have printed or affixed thereon the names
and addresses of the following:
F.
Exemptions. The provisions and prohibitions of this
Section shall not apply to:
G.
Penalty. The violation of any of the provisions of this Section shall be a misdemeanor as defined by Section 1-7 of this Code. For the purposes of defining violations of Subsection (C) of this Section, each delivery or distribution to a dwelling made in violation of this Section shall constitute a separate misdemeanor.
[Ord. No. 1222 § 1, 8-3-1984; Ord. No. 1590 § 7, 12-17-1990; Ord. No. 1758 § 1, 9-20-1993]
A person commits the ordinance violation of peace disturbance
if:
A.
The person unreasonably and knowingly disturbs or alarms another
person by:
1.
Loud noise; or
2.
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
3.
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
4.
Fighting; or
5.
Creating a noxious and offensive odor.
[1]
State Law Reference — As to authority of Board of Aldermen
to enact ordinances to prohibit and suppress disturbances of the peace,
see RSMo. § 79.450(2). As to peace disturbance definition,
see RSMo. § 574.030. As to peace disturbance, see RSMo.
§ 574.010.
Cross Reference — As to disorderly conduct, see § 20-17. As to loud, indecent language in cemetery, see § 6-14. As to barking dog, see § 4-25. As to loud vehicle engine noise, see § 18-40. As to jake braking, see § 18-40.1. As to obstructing traffic, see § 18-5. As to nuisances, see ch. 19. As to harassment, see § 20-33.
[Ord. No. 32 § 881, c.a. 1918]
Every person who shall within the City wilfully, maliciously
or contemptuously disquiet or disturb any camp meeting, congregation
or other assembly met for religious worship by making a noise or by
rude or indecent behavior or profane discourse within the place of
assembly, or so near the same as to interrupt or disturb the order
or solemnity thereof, or who shall wilfully menace, threaten or assault
any person there being, shall be deemed guilty of a misdemeanor.
[1]
State Law Reference — See RSMo. § 79.450.
[Ord. No. 32 § 881, c.a. 1918]
Every person who shall wilfully, maliciously or contemptuously
disturb any school or other meeting or assembly of people met together
for any lawful purpose by making a noise or by rude or indecent behavior
or profane discourse or by menacing, threatening or assaulting any
person therein shall be deemed guilty of a misdemeanor.
[Ord. No. 32 § 822, c.a. 1918; Ord.
No. 1590 § 8, 12-17-1990]
A.
A person commits the ordinance violation of escape from custody or
attempted escape from custody if, while being held in custody after
arrest for a crime or ordinance violation, he escapes or attempts
to escape from custody.
B.
A person commits the ordinance violation of escape or attempted escape
from confinement if, while being held in confinement after arrest
for a crime or ordinance violation, he escapes or attempts to escape
from confinement.
[Ord. No. 2584 § 1, 9-21-2009]
Any person charged with a municipal ordinance violation who
having appeared in person or by legal counsel in the City of Centralia
Municipal Division of the Circuit Court of Boone County, Missouri,
and having been released upon a recognizance or a bond pursuant to
any provision of law, while pending a continued arraignment, a trial,
sentencing, a hearing regarding satisfaction of sentencing conditions
or any other stage of a City Municipal Division matter against said
person, knowingly fails to appear before the Municipal Division court
judge as required shall be guilty of the municipal ordinance violation
of failure to appear. The fine imposed for failure to appear shall
not exceed the maximum fine which could be imposed for the municipal
ordinance violation for which the defendant was charged. If the defendant
is charged with more than one (1) municipal ordinance violation, then
the fine imposed for failure to appear shall not exceed the maximum
fine which could be imposed for the municipal ordinance violation
with the highest maximum fine of all the municipal ordinance violations
for which the defendant was charged. This municipal ordinance provision
is in addition to a forfeiture of any security which was given or
pledged for the defendant's release. No provision of this Section
shall prevent the exercise by the court of its power to punish the
defendant for contempt.
[1]
State Law Reference — See RSMo., § 544.665.
[Ord. No. 32 § 836, c.a. 1918]
Any person who shall wilfully neglect and refuse to obey any
subpoena issued by the Mayor or City Clerk to appear before the Board
of Aldermen and neglect and refuse to appear before the Board of Aldermen
and testify in regard to any matter pending before such Board shall
be deemed guilty of a misdemeanor.
[Repealed by Ord. No. 1590 § 17, 12-17-1990]
[Ord. No. 32 § 747, c.a. 1918; Ord.
No. 1590 § 9, 12-17-1990]
A person commits the ordinance violation of making a false report
if he knowingly:
1.
Gives false information to a Law Enforcement Officer for the purpose
of implicating another person in a crime or ordinance violation; or
2.
Makes a false report to a Law Enforcement Officer that a crime or
ordinance violation has occurred or is about to occur; or
3.
Makes a false report or causes a false report to be made to a Law
Enforcement Officer, security officer, Fire Department or other organization,
official or volunteer, which deals with emergencies involving danger
to life or property that a fire or other incident calling for an emergency
response has occurred.
[Ord. No. 32 § 830, c.a. 1918; Ord.
No. 1590 § 10, 12-17-1990]
A person commits the ordinance violation of false advertising
if, in connection with the promotion of the sale of, or to increase
the consumption of, property or services, he recklessly, purposely
or knowingly makes or causes to be made a false or misleading statement
in any advertisement addressed to the public or to a substantial number
of persons.
[1]
State Law Reference — As to same, see RSMo. § 570.160.
[Ord. No. 32 § 923, c.a. 1918]
Every person who shall within this City wilfully and corruptly
swear, testify or affirm falsely to any material matter, upon any
oath, affirmation or declaration legally administered in any cause,
matter or proceeding before any court, tribunal or public body or
officer within this City, and whoever shall falsely, by swearing or
affirming, take any oath prescribed by the Constitution of this State
or any law or ordinance of this City when such oath shall be legally
administered, shall be deemed guilty of a misdemeanor.
[Ord. No. 32 § 924, c.a. 1918; Ord.
No. 1590 § 11, 12-17-1990]
A person commits the ordinance violation of making a false affidavit
if, with purpose to mislead any person, he, in any affidavit, swears
falsely to a fact which is material to the purpose for which said
affidavit is made. The term "affidavit" means any
written statement which is authorized or required by law to be made
under oath, and which is sworn to before a person authorized to administer
oaths.
[Repealed by Ord. No. 1590 § 17, 12-17-1990]
[Ord. No. 32 § 781, c.a. 1918]
Any person who shall fight or cause to be fought any chickens,
dogs or other animals within the City limits shall be deemed guilty
of a misdemeanor.
[1]
State Law Reference — As to bull baiting, cockfighting,
etc., see RSMo. § 578.050.
[Ord. No. 32 § 751, c.a. 1918; Ord.
No. 1436 § 1, 6-20-1988; Ord. No. 1818 § 1, 9-19-1994; Ord.
No. 2290 § 1, 4-19-2004]
A.
Except as provided in Subsection (B), no person shall knowingly shoot, fire or discharge a firearm within the City limits, except to defend himself, another person or property, as allowed by State law. No person shall knowingly shoot, fire or discharge a BB gun, pellet gun or air rifle within the City limits except to defend himself, another person or property, as allowed by State law, or except when said person is shooting, firing or discharging said gun or rifle from private property owned or occupied by said person and the BB, pellet or other similar projectile does not travel beyond the boundary lines of said private property. Federal, State, County and Municipal Law Enforcement Officers shall be exempt from this provision when acting within the scope of their employment in the performance of their official duties.
B.
Exceptions.
1.
It shall not be unlawful to shoot, fire or discharge a firearm (including
a starting pistol) or a cannon or similar weapon using blanks or similar
explosive charges to simulate the discharge of firearms, cannons or
like weapons, provided no projectile is fired and, further provided,
that such use is incidental to a legal sporting event, theatrical
play, historic re-enactment, instructional demonstration or similar
purpose and, further provided, that the audience is given prior verbal
or written notice that such firing will occur at such event.
2.
The Board of Aldermen, by resolution or motion, may issue a City
permit to allow the shooting, firing or discharge of a firearm within
the corporate limits of the City of Centralia, Missouri, during a
formal, supervised firearms instructional or training event at a time
and on a date specified in the resolution or motion with the conditions
specified in this Subsection. The instructional or training event
authorized by this Subsection shall be sponsored by a local nonprofit
organization or a local governmental body. The issuance of the permit
also shall be conditioned upon the local nonprofit organization or
local governmental body furnishing proof of financial responsibility
by obtaining liability insurance in an amount satisfactory to the
City and naming the local nonprofit organization or local government
and the City of Centralia, Missouri, as insured parties to satisfy
claims for damages to property or personal injuries arising out of
any act or omission relating to the supervised firearms instructional
or training event.
[1]
State Law Reference — As to authority of fourth class
cities to regulate, prevent, etc., discharging of firearms, see RSMo.
§ 79.450(2). Also see RSMo. §§ 21.750, 571.010
and 571.030.
[Ord. No. 32 § 973, c.a. 1918; Ord.
No. 1590 § 12, 12-17-1990]
A person commits the ordinance violation of unlawful transfer
of weapons if he:
1.
Knowingly sells, leases, loans, gives away or delivers a blackjack
or a knife not made to open and shut to a person less than eighteen
(18) years of age without the consent of the child's custodial parent
or guardian; or
2.
Knowingly or recklessly sells, leases, loans, gives away or delivers
any firearm to a person less than eighteen (18) years of age without
the consent of the child's custodial parent or guardian.
[1]
State Law Reference — See RSMo. §§ 571.060
and 21.750.
[Ord. No. 2585 § 1, 9-21-2009]
A.
A person commits the municipal ordinance violation of harassment
if he or she:
1.
Knowingly communicates a threat to commit any felony to another person
and in so doing frightens, intimidates or causes emotional distress
to such other person; or
2.
When communicating with another person, knowingly uses coarse language
offensive to one of average sensibility and thereby puts such person
in reasonable apprehension of offensive physical contact or harm;
or
3.
Knowingly frightens, intimidates or causes emotional distress to
another person by anonymously making a telephone call or any electronic
communication; or
4.
Knowingly communicates with another person who is, or who purports
to be, seventeen (17) years of age or younger and in so doing and
without good cause recklessly frightens, intimidates or causes emotional
distress to such other person; or
5.
Knowingly makes repeated unwanted communication to another person;
or
6.
Without good cause engages in any other act with the purpose to frighten,
intimidate or cause emotional distress to another person, cause such
person to be frightened, intimidated or emotionally distressed and
such person's response to the act is one of a person of average sensibilities
considering the age of such person.
B.
This City Code Section shall not apply to activities of Federal,
State, County or Municipal Law Enforcement Officers conducting investigations
of one (1) or more violations of Federal, State, County or Municipal
Law.
[Ord. No. 32 § 750, c.a. 1918]
Any person who shall furiously and unnecessarily run or gallop
any horse or other animal through or along and street, alley, park,
cemetery, or any other public property, or who shall ride or lead
any horse or other animal upon or across any sidewalk within the City
limits shall be deemed guilty of a misdemeanor.
[Ord. No. 32 § 821, c.a. 1918]
Whoever shall in this City falsely represent himself to be an
officer of this City or shall, without being lawfully authorized,
exercise any of the duties, functions or powers of an officer of the
City shall be deemed guilty of a misdemeanor.
[1]
State Law Reference — As to same, see RSMo. § 575.120.
[Ord. No. 1398 § 1, 10-19-1987; Ord. No. 2425 § 1, 8-21-2006]
A.
A person commits the ordinance violation of library theft if, with
the purpose to deprive, such person:
1.
Knowingly removes any library material valued at less than five hundred
dollars ($500.00) from the premises of a library without authorization;
or
2.
Borrows or attempts to borrow any library material valued at less
than five hundred dollars ($500.00) from a library by use of a library
card:
3.
Borrows library material valued at less than five hundred dollars
($500.00) from any library pursuant to an agreement or procedure established
by the library which requires the return of such library material
and, with the purpose to deprive the library of said library material,
fails to return any of the library material to the library; or
4.
Knowingly writes on, injures, defaces, tears, cuts, mutilates or
destroys a book, document or other library material valued at less
than five hundred dollars ($500.00) belonging to, on loan to or otherwise
in the custody of a library.
B.
It shall be prima facie evidence of the person's purpose to deprive
the library of the said library material if, within ten (10) days
after notice in writing deposited as certified mail from the library
demanding the return of such library material, such person without
good cause shown fails to return any of the library material. A person
is presumed to have received the notice required by this Subsection
if the library mails such notice to the last address provided to the
library by such person. Payment to the library in an amount equal
to the fair market value of an item of library material of no historical
significance shall be considered returning the item for purposes of
this Section.
C.
Any librarian or the librarian's agent, or any employee of a library
who has reasonable grounds to believe that a person on the premises
of the library has committed or is about to commit the ordinance violation
of library theft may detain such person in a reasonable manner and
for a reasonable length of time for the purpose of investigating whether
there has been or may be a wrongful taking of such library material.
Any such reasonable detention shall not constitute an unlawful arrest
or detention, nor shall it render the librarian, the librarian's agent
or the employee criminally or civilly liable to the person so detained.
D.
LIBRARY
LIBRARY CARD
LIBRARY MATERIAL
NOTICE IN WRITING
PREMISES OF A LIBRARY
As used in this Section, the following terms have the following meanings:
Any public library, municipal library district or any library
of an educational, historical or eleemosynary institution, organization
or society located in the City of Centralia, Missouri.
A card or other device utilized by a library for purposes
of identifying a person authorized to borrow library material, subject
to all limitations and conditions imposed on such borrowing by the
library issuing or honoring such card.
Any book, plate, picture, photograph, engraving, painting,
sculpture, artifact, drawing, map, newspaper, microform, sound recording,
audiovisual material, magnetic or other tape, electronic data processing
record or other document, written or printed material, regardless
of physical form or characteristic, which is a constituent element
of a library's collection or any part thereof belonging to, on loan
to, or otherwise in the custody of a library.
Any notice deposited as certified or registered mail in the
United States mail and addressed to the person at the person's address
as it appears on the library card or to the person's last known address.
The notice shall contain a statement that failure to return any of
the library material within ten (10) days of receipt of the notice
may subject the person to prosecution under the laws of the City of
Centralia, Missouri.
A building, structure or other enclosure in which a library
is located or in which the library keeps, displays and makes available
for inspection, borrowing or return of library material.
[Ord. No. 1099 §§ 1, 2, 9-12-1977; Ord. No. 1332 § 1, 10-20-1986]
A.
It shall be unlawful for any person to manufacture, possess, have
under his control, sell, prescribe, administer, dispense, distribute
or compound (as those terms are defined in Section 195.010, Revised
Statutes of Missouri) any marijuana, except as authorized in Section
195.010 to Section 195.320, Revised Statutes of Missouri.
B.
"Marijuana", as defined in Section 195.010, Revised
Statutes of Missouri, means all parts of the plants genus Cannabis
in any species or form thereof, including, but not limited to Cannabis
Sativa L., Cannibas Indica, Cannabis Americana, Cannabis Ruderalis,
and Cannabis Gigantea, whether growing or not, the seeds thereof,
the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant,
its seeds or resin. It does not include the mature stalks of the plant,
fiber produced from the stalks, oil or cake made from the seeds of
the plant, any other compound, manufacture, salt, derivative, mixture
or preparation of the mature stalks (except the resin extracted therefrom),
fiber, oil or cake, or the sterilized seed of the plant which is incapable
of germination.
[1]
State Law Reference — See RSMo. §§ 195.010
and 195.202.
[Ord. No. 2133 § 1, 2-20-2001; Ord. No. 2172 § 1, 10-15-2001]
A.
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.
B.
CONTROLLED SUBSTANCE
DRUG PARAPHERNALIA
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(m)
IMMEDIATE PRECURSOR
(a)
(b)
(c)
IMITATION CONTROLLED SUBSTANCE
(a)
(b)
(c)
(d)
(e)
(f)
Definitions: As used in this Section, the following
terms have the following meanings:
A drug, substance or immediate precursor in Schedule I through
Schedule V listed in Section 195.017, Revised Statutes of Missouri.
All equipment, products, substances and materials of any
kind which are used, intended for use, or designed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, storing, containing,
concealing, injecting, ingesting, inhaling, or otherwise introducing
into the human body a controlled substance or an imitation controlled
substance. It includes, but is not limited to:
Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived;
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances or imitation controlled substances;
Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is a controlled
substance or an imitation controlled substance;
Testing equipment used, intended for use, or designed for use
in identifying or in analyzing the strength, effectiveness or purity
of controlled substances;
Scales and balances used, intended for use, or designed for
use in weighing or measuring controlled substances or imitation controlled
substances;
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use, or designed
for use in cutting controlled substances or imitation controlled substances;
Separation gins and sifters used, intended for use, or designed
for use in removing twigs and seeds from, or in otherwise cleaning
or refining, marijuana;
Blenders, bowls, containers, spoons and mixing devices used,
intended for use, or designed for use in compounding controlled substances
or imitation controlled substances;
Capsules, balloons, envelopes and other containers used, intended
for use, or designed for use in packaging small quantities of controlled
substances or imitation controlled substances;
Containers and other objects used, intended for use, or designed
for use in storing or concealing controlled substances or imitation
controlled substances;
Hypodermic syringes, needles and other objects used, intended
for use, or designed for use in parenterally injecting controlled
substances or imitation controlled substances into the human body;
Objects used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing marijuana, cocaine, hashish or
hashish oil into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
"Roach clips", meaning objects used to hold burning material,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand;
Miniature cocaine spoons and cocaine vials;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers;
Substances used, intended for use, or designed for use in the
manufacture of a controlled substance.
|
In determining whether an object, product, substance or material
is drug paraphernalia, a court should consider, in addition to all
other logically relevant factors, the following:
| ||
|
(a)
|
Statements by an owner or by anyone in control of the object
concerning its use;
| |
|
(b)
|
Prior convictions, if any, of an owner, or of anyone in control
of the object, under any State or Federal law relating to any controlled
substance or imitation controlled substance;
| |
|
(c)
|
The proximity of the object, in time and space, to a direct
State drug violation of: Sections 195.005 to 195.425, Revised Statutes
of Missouri;
| |
|
(d)
|
The proximity of the object to controlled substances or imitation
controlled substances;
| |
|
(e)
|
The existence of any residue of controlled substances or imitation
controlled substances on the object;
| |
|
(f)
|
Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to persons who
he or she knows, or should reasonably know, intend to use the object
to facilitate a violation of Sections 195.005 to 195.425, Revised
Statutes of Missouri. The innocence of an owner, or of anyone in control
of the object, as to direct violation of Sections 195.005 to 195.425,
Revised Statutes of Missouri shall not prevent a finding that the
object is intended for use or designed for use as drug paraphernalia;
| |
|
(g)
|
Instructions, oral or written, provided with the object concerning
its use;
| |
|
(h)
|
Descriptive materials accompanying the object which explain
or depict its use;
| |
|
(i)
|
National or local advertising concerning it use;
| |
|
(j)
|
The manner in which the object is displayed for sale;
| |
|
(k)
|
Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such
as a licensed distributor or dealer of tobacco products;
| |
|
(l)
|
Direct or circumstantial evidence of the ratio of sales of the
object to the total sales of the business enterprise;
| |
|
(m)
|
The existence and scope of legitimate uses for the object in
the community;
| |
|
(n)
|
Expert testimony concerning its use; and
| |
|
(o)
|
The quantity, form or packaging of the product, substance or
material in relation to the quantity, form or packaging associated
with any legitimate use for the product, substance or material.
| |
A substance which:
The Missouri Department of Health has found to be and by rule
designates as being the principal compound commonly used or produced
primarily for use in the manufacture of a controlled substance; and
Is an immediate chemical intermediary used or likely to be used
in the manufacture of a controlled substance; and
The control of which is necessary to prevent, curtail or limit
the manufacture of the controlled substance.
A substance that is not a controlled substance, which by
dosage unit appearance (including color, shape, size and markings),
or by representations made, would lead a reasonable person to believe
that the substance is a controlled substance. In determining whether
the substance is an "imitation controlled substance", the court should
consider, in addition to all other logically relevant factors, the
following:
Whether the substance was approved by the Federal Food and Drug
Administration for over-the-counter (non-prescription or non-legend)
sales and was sold in the Federal Food and Drug Administration approved
package, with the Federal Food and Drug Administration approved labeling
information;
Statements made by an owner or by anyone else in control of
the substance concerning the nature of the substance, or its use or
effect;
Whether the substance is packaged in a manner normally used
for illicit controlled substances;
Prior convictions, if any, of an owner, or anyone in control
of the object, under State or Federal law related to controlled substances
or fraud;
The proximity of the substances to controlled substances; and
Whether the consideration tendered in exchange for the non-controlled
substance substantially exceeds the reasonable value of the substance
considering the actual chemical composition of the substance and,
where applicable, the price at which over-the-counter substances of
like chemical composition sell. An imitation controlled substance
does not include a placebo or registered investigational drug either
of which was manufactured, distributed, possessed or delivered in
the ordinary course of professional practice or research.
[1]
State Law Reference — See RSMo. §§ 195.010
and 195.233.
[Ord. No. 2698 § 1, 9-4-2012]
Except as authorized in Chapter 195, RSMo., as amended, it shall
be unlawful for any person to possess, have under his or her control,
distribute, deliver (including sell), manufacture, produce, or attempt
to distribute, deliver (including sell), manufacture or produce (as
those terms are defined and used in Chapter 195, RSMo., as amended)
a controlled substance, a controlled substance analogue, counterfeit
substance, depressant or stimulant substance, immediate precursor,
imitation controlled substance or synthetic cannabinoid (as those
terms are defined in Section 195.010, RSMo., as amended).
[1]
State Law Reference — See RSMo. ch. 195.
[Ord. No. 32 § 981, c.a. 1918; Ord.
No. 1296 § 1, 2-17-1986; Ord. No. 2222 § 1, 2-18-2003]
A.
A person commits the ordinance violation of stealing if he or she
takes, obtains, uses, transfers, conceals or retains possession of
property or services of another valued at less than five hundred dollars
($500.00) with the purpose to deprive him or her thereof, either without
his or her consent or by means of deceit or coercion.
B.
COERCION
1.
2.
3.
4.
5.
6.
7.
DECEIT
DEPRIVE
PROPERTY OR SERVICES IS THAT OF ANOTHER
PROPERTY
SERVICES
Definitions. As used in this Section, the following
terms have the following meaning:
A threat, however communicated:
To commit any crime; or
To inflict physical injury in the future on the person threatened
or another; or
To accuse any person of any crime; or
To expose any person to hatred, contempt or ridicule; or
To harm the credit or business repute of any person; or
To take or withhold action as a public servant, or to cause
a public servant to take or withhold action; or
To inflict any other harm which would not benefit the actor.
|
A threat of accusation, lawsuit or other invocation of official
action is not coercion if the property sought to be obtained by virtue
of such threat was honestly claimed as restitution or indemnification
for harm done in the circumstances to which the accusation, exposure,
lawsuit or other official action relates, or as compensation for property
or lawful service. The defendant shall have the burden of injecting
the issue of justification as to any threat.
|
Purposely making a representation which is false and which
the actor does not believe to be true and upon which the victim relies,
as to a matter of fact, law, value, intention or other state of mind.
The term DECEIT does not, however, include falsity
as to matters having no pecuniary insignificance, or puffing by statements
unlikely to deceive ordinary persons in the group addressed. Deception
as to the actor's intention to perform a promise shall not be inferred
from the fact alone that he did not subsequently perform the promise.
Means if any natural person, corporation, partnership, association,
governmental subdivision or instrumentality, other than the actor,
has a possessory or proprietary interest therein, except that property
shall not be deemed property of another who has only a security interest
therein, even if legal title is in the creditor pursuant to a conditional
sales contract or other security arrangement.
Anything of value, whether real or personal, tangible or
intangible, in possession or in action, and shall include but not
be limited to the evidence of a debt actually executed but not delivered
or issued as a valid instrument.
Includes transportation, telephone, electricity, gas, water,
cable television services, or other public service, accommodation
in hotels, restaurants or elsewhere, admission to exhibitions and
use of vehicles.
[1]
State Law Reference — As to authority of City to enact
ordinance to prohibit petit larceny, see RSMo. §§ 570.010
and 570.030. As to cable television service, see RSMo. § 570.300.
[Ord. No. 2096 § 1, 12-20-1999; Ord. No. 2222 § 2, 2-18-2003]
A.
A person commits the ordinance violation of receiving stolen property
if for the purpose of depriving the owner of a lawful interest therein,
he or she receives, retains or disposes of property of another valued
at less than five hundred dollars ($500.00) knowing that it has been
stolen, or believing that it has been stolen.
B.
Evidence of the following is admissible in any prosecution under
this Section to prove the requisite knowledge or belief of the alleged
receiver:
1.
That he or she was found in possession or control of other property
stolen on separate occasions from two (2) or more persons;
2.
That he or she received other stolen property in another transaction
within the year preceding the transaction charged; and
3.
That he or she acquired the stolen property for a consideration which
he or she knew was far below its reasonable value.
[1]
State Law Reference — For similar provisions, see RSMo.,
§ 570.080.
[Ord. No. 1879 § 1, 11-20-1995]
A.
As used in this Section, the term "cable television service" includes microwave television transmission from a multipoint distribution
service not capable of reception by conventional television receivers
without the use of special equipment.
B.
A person commits the ordinance violation of theft of cable television
service if he:
1.
Knowingly obtains or attempts to obtain cable television service
without paying all lawful compensation to the operator of such service,
by means of artifice, trick, deception or device; or
2.
Knowingly assists another person in obtaining or attempting to obtain
cable television service without paying all lawful compensation to
the operator of such service; or
3.
Knowingly connects to, tampers with or otherwise interferes with
any cables, wires or other devices used for the distribution of cable
television if the effect of such action is to obtain cable television
without paying all lawful compensation therefor; or
4.
Knowingly sells, uses, manufactures, rents or offers for sale, rental
or use any device, plan or kit designed and intended to obtain cable
television service in violation of this Section.
C.
The existence on the property and in the actual possession of the
accused of any connection wire, or conductor, which is connected in
such a manner as to permit the use of cable television service without
the same being reported for payment to and specifically authorized
by the operator of the cable television service shall be sufficient
to support an interference from which the trier of fact may conclude
that the accused has committed the ordinance violation of theft of
cable television service.
D.
Nothing in this Section shall be construed to render unlawful or
prohibit an individual or other legal entity from owning or operating
a video cassette recorder or devices commonly known as a "satellite
receiving dish" for the purpose of receiving and utilizing
satellite-relayed television signals for his own use.
E.
It shall be an ordinance violation for any person to create or make
use of any unauthorized connection, whether physically, electrically,
acoustically, inductively, or otherwise, with any part of a cable
television system, without the express consent of the operator of
the cable television system. Further, it shall be an ordinance violation
for any person to tamper with, remove, or injure any property, equipment,
or part of a cable television system or any means of receiving cable
television service or other service provided thereto, without the
express consent of the operator of the cable television system.
[Ord. No. 1590 § 13, 12-17-1990]
A.
It shall be unlawful for any person within the City to willfully
and knowingly obstruct, resist or oppose by force any officer of the
City, Law Enforcement Officer or any other duly authorized person
in executing or attempting to execute or carry into effect any law,
ordinance or order passed or made by the Board of Aldermen or other
proper authorities of the City.
B.
A person commits the ordinance violation of interference with legal
process if, knowingly any person is authorized by law to serve process,
for the purpose of preventing such person from effecting the service
of process, he interferes with or obstructs such person. The term "process" includes any writ, summons, subpoena, warrant
other than an arrest warrant, or other process or order of a court.
[1]
State Law Reference — Interference with legal process,
see RSMo. § 575.160.
[Ord. No. 32 § 777, c.a. 1918; Ord.
No. 1590 § 14, 12-17-1990; Ord. No. 1924 § 1, 9-3-1996]
A person commits the ordinance violation of resisting or interfering
with arrest 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 the 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.
[Ord. No. 1075 §§ 1-3, 5-12-1976; Ord. No. 1500 § 1, 9-18-1989]
A.
It shall be unlawful for any person or any public or private corporation
to fasten or affix in any way any showcard, sign, poster or other
advertising device upon any utility pole in the City.
B.
It shall be unlawful for any person or any public or private corporation
to fasten or affix in any way any showcard, sign, poster or other
advertising device upon any building, structure, or property owned
by the City and located in the City without first obtaining written
permission from the City Administrator to do so.
C.
It shall be unlawful for any person or any public or private corporation
to attach, fasten or affix in any way any structure, device, guywire,
fence, nail, staple, or any other object to or upon any utility pole
owned by the City without first obtaining written permission from
the City Administrator to do so, provided that such permission shall
not be required for City employees or independent contractors for
the City in the course of their duties or obligations with the City,
nor shall such written permission be required when an attachment to
a City utility pole is made under the provisions of a joint-use agreement
with a utility company, telephone company or cable television company
concerning the affected utility pole or poles.
[Ord. No. 1359 § 2, 3-30-1987; Ord. No. 1590 § 15, 12-17-1990]
A.
A person commits the ordinance violation of property interference
if he knowingly and without proper authority tampers with, uses, renders
inoperative, destroys, damages, removes, defaces, molests or otherwise
interferes with personal property of another.
B.
"Tampers with" in this Section means to interfere
with something improperly, to meddle with, displace it, or make unwarranted
alterations in its existing condition, or to deprive, temporarily,
the owner or possessor of that thing.
No person shall, knowingly and without proper authority, destroy,
damage, deface, molest or otherwise interfere with, or trespass upon,
any real property of another.
[Ord. No. 2133 § 2, 2-20-2001]
A person commits the ordinance violation of trespass of a school
bus if he or she knowingly and unlawfully enters any part of or unlawfully
operates any school bus. For the purpose of this Section, the terms
"unlawfully enters" and "unlawfully operates" refer to any entry or
operation of a school bus which is not (1) approved of and established
in the Centralia R-6 School District's written policy on access to
school buses; or (2) authorized by specific written approval of the
school board of the Centralia R-6 School District.
[Ord. No. 2599 § 1, 3-15-2010]
A.
No person or entity shall solicit monetary contributions at any time
on any part of a City street unless a permit is issued by the City
Administrator after a written permit application is made by the applicant
meeting all requirements and approval is obtained, as specified below
in this Section.
B.
Monetary contributions may be authorized by the City to be solicited
on a City street only after the applicant has obtained a permit from
the City Administrator permitting such solicitation once the applicant
has filed a written permit application with the City Administrator
meeting the following requirements and obtaining approval from the
City Administrator:
1.
The applicant shall be a nonprofit organization, with all persons
soliciting charitable contributions on the City Street on behalf of
the nonprofit organization being at least eighteen (18) years of age.
2.
The written permit application shall set forth the complete name
and address of the nonprofit organization, be signed by a person with
authorization to sign on behalf of the nonprofit organization along
with a listing of that person's address and telephone number, state
the desired solicitation location, the maximum number of persons at
least eighteen (18) years of age who will be soliciting charitable
contributions on behalf of the nonprofit organization and the date
and time range when the solicitation is requested to begin and end.
3.
The completed written application shall be filed with the City Administrator
no later than the eleventh (11th) day before the date that the solicitation
is requested to occur.
4.
The solicitation, if approved by the City Administrator, shall be
permitted during one (1) day only on a City street in the B-1 zone
district at one four-way stop street intersection during a time range
to end no later than sunset on that day.
5.
All persons at least eighteen (18) years of age who will be soliciting
charitable contributions on behalf of the nonprofit organization shall
sign and deliver to the City Administrator or his or her designee,
before the solicitation begins, a completed written release releasing
the City, City Officers, agents and employees from all legal liability
relating to any injury or property damage occurring during the charitable
solicitation at the street intersection, along with an indemnification
of all released persons and the City, on forms prepared by the City
and obtained in advance by the nonprofit organization.
C.
The City Administrator shall act upon a properly completed permit
application within three (3) business days. The City Administrator
may deny a permit application not meeting all the requirements set
forth herein, and the City Administrator also may deny a permit application
if the required solicitation date, time range or location will substantially
conflict with an event already scheduled, such as an annual City festival
or a parade. If a permit application is denied, the City Administrator
shall have the authority to work with the permit applicant nonprofit
organization to approve an amended permit application that does meet
all requirements and City Administrator approval criteria and that
is acceptable to the applicant nonprofit organization.
D.
A nonprofit organization receiving a solicitation permit and all
persons soliciting charitable contributions on behalf of the nonprofit
organization shall observe all requirements and conditions of the
permit and all applicable laws and City ordinances in conducting the
charitable solicitation.
[1]
State Law Reference — See RSMo., § 67.304.
[Repealed by Ord. No. 2095 § 10, 12-20-1999]
[1]
Editor's Note — Ord. No. 2095 § 10, adopted
December 20, 1999, repealed § 20-44 which derived from Ord.
No. 32 § 823, c.a. 1918.
[Ord. No. 32 § 913, c.a. 1918]
Whoever wilfully or maliciously poisons, defiles or in any way
corrupts the water of a well, spring, brook or reservoir used for
domestic or municipal purposes, or whoever wilfully or maliciously
diverts, dams up and holds back from its natural course and flow any
spring, brook or other water supply for domestic or municipal purposes,
after such water supply shall have only been taken for use by any
person for his use, within this City, shall be adjudged guilty of
a misdemeanor.
[Ord. No. 32 § 769, c.a. 1918; Ord.
No. 1590 § 16, 12-17-1990; Ord. No. 2133 § 3, 2-20-2001; Ord.
No. 2289 § 1, 4-19-2004]
A.
A person commits the ordinance violation of unlawful use of weapons
if he or she knowingly:
1.
Carries concealed upon or about his or her person a knife, a firearm,
a blackjack or any other weapon readily capable of lethal use, excepted
as provided below; or
2.
Sets a spring gun; or
3.
Exhibits, in the presence of one (1) or more persons, any weapon
readily capable of lethal use in an angry or threatening manner, except
as provided below; or
4.
Possesses a firearm while intoxicated, except as provided below;
or
5.
Carries a firearm or any other weapon readily capable of lethal use
into any church or place where people have assembled for worship or
into any election precinct on any election day or into any building
owned or occupied by the City, except as provided below; or
6.
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 school board of the Centralia R-6 School
District, except as provided below.
B.
Federal, State, County and municipal Peace Officers shall be exempt
from the provisions of this Section whether such officers are within
or outside their jurisdictions or on duty or off duty.
C.
Subparagraphs (1), (4), (5) and (6) of Subsection (A) of this Section shall 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 to any person twenty-one (21) years of age or older transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm for the lawful pursuit of game or is in his or her dwelling unit or upon premises over which the actor has possession, authority or control or is traveling in a continuous journey peaceably through the City. Subparagraph (6) 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. Nothing in this Section shall make it unlawful for a student to actually participate in school-sanctioned gun safety 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 other function or activity sponsored or sanctioned by school officials or the school board of the Centralia R-6 School District.
D.
Subparagraphs (3), (4), (5) and (6) of Subsection (A) of this Section shall not apply to any person who is engaged in a lawful act of defense pursuant to Section 563.031, RSMo., concerning use of force in defense of persons.
E.
Subparagraphs (1), (5) and (6) of Subsection (A) of this Section shall not apply to any person who has a valid concealed carry firearm endorsement issued pursuant to Section 571.094, RSMo., or a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State except when such a person carrying a firearm is in any of the following locations:
1.
The locations set forth in Section 571.107, RSMo., where carrying
concealed firearms is prohibited by said State law in all cases; or
2.
Any building or portion of a building owned, leased or controlled
by the City, including any building in any of the City parks, provided
that a sign with a minimum size of eleven (11) inches by fourteen
(14) inches with the writing thereon in letters of not less than one
(1) inch clearly identifying the prohibition concerning carrying concealed
firearms is posted at each entrance to the building. This subparagraph
shall not apply to any building used for public housing by private
persons, highways or rest areas, firing ranges and private dwellings
owned, leased or controlled by the City.
|
A person who violates the provisions of this Subsection (E) shall not be subject to criminal prosecution for that violation but such person may be denied entrance to the building or premises in question or ordered to leave the building or premises. A City employee who violates the provisions of this Subsection (E) is subject to disciplinary measures for such violation. However, if a person who is in violation of the provisions of this Subsection (E) refuses to leave the building or premises and a Police Officer or other Peace Officer is summoned, such person then may be issued a citation as provided for in Subsection (2) of Section 571.107, RSMo. A Police Officer shall have the authority to enforce the provisions of this Subsection (E) by removing from the building or premises any person in violation of this Subsection (E).
|
[1]
State Law Reference — As to dangerous and concealed
weapons generally, see RSMo. § 571.030. As to authority
of fourth class cities to regulate, etc., weapons, see RSMo. §§ 79.450
and 79.460. Also see RSMo. § 21.750. As to carrying concealed
weapon, see RSMo. § 571.107. As to use of force in defense
of persons, see RSMo. § 563.031.
[Repealed by Ord. No. 1590 § 17, 12-17-1990]
[Ord. No. 32 § 936, c.a. 1918]
It shall be unlawful for any person to drive, lead or transport,
uncaged, any bear or savage animal, wild by nature, in or along any
street or highway of this City.
[Ord. No. 1590 § 18, 12-17-1990]
A.
A person commits the ordinance violation of indecent exposure if
he knowingly exposes his genitals under circumstances in which he
knows that his conduct is likely to cause affront or alarm.
B.
It shall be unlawful for any person to urinate on public property
not specifically designated as a public rest room or public bathroom.
It shall be unlawful for any person to urinate on private property
not specifically designated as a bathroom unless said person has the
consent of the owner or occupant of said private property.
[1]
State Law Reference — See RSMo., §§ 79.450(1)
and 566.093.
[Ord. No. 1590 § 19, 12-17-1990; Ord. No. 2391 § 1, 1-16-2006]
A.
A person commits the ordinance violation of endangering the welfare
of a child if he knowingly encourages, aids or causes a child less
than seventeen (17) years of age to engage in any conduct which causes
or tends to cause the child to come within either of the following
provisions:
B.
A person commits the ordinance violation of endangering the welfare
of a child if he is a parent, guardian or other person legally charged
with the care or custody of a child less than seventeen (17) years
of age, and he purposely or recklessly fails or refuses to exercise
reasonable diligence in the care or control of such child to prevent
him from coming within either of the following provisions:
[Ord. No. 1590 § 20, 12-17-1990]
A.
A person commits the crime of abandonment of an airtight icebox if
he abandons, discards, or knowingly permits to remain on premises
under his control, in a place accessible to children, any abandoned
or discarded icebox, refrigerator, or other airtight or semi-airtight
container which has a capacity of one and one-half (1 1/2) cubic
feet or more and an opening of fifty (50) square inches or more and
which has a door or lid equipped with hinge, latch or other fastening
device capable of securing such door or lid, without rendering such
equipment harmless to human life by removing such hinges, latches
or other hardware which may cause a person to be confined therein.
[1]
State Law Reference — See RSMo., § 577.100
[Ord. No. 1864 § 1, 8-21-1995]
A.
A person commits the ordinance violation of invasion of privacy if
said person knowingly views, photographs or films another person,
without that person's knowledge and consent, while the person being
viewed, photographed or filmed is in a state of full or partial nudity
and is in a place where that person would have a reasonable expectation
of privacy.
B.
FULL OR PARTIAL NUDITY
PHOTOGRAPHS OR FILMS
PLACE WHERE THAT PERSON WOULD HAVE A REASONABLE EXPECTATION
OF PRIVACY
VIEWS
As used in this Section the following terms mean:
The showing of all or any part of the human genitals or pubic
areas or buttock or any part of the nipple of the breast of any female
person, with less than a fully opaque covering.
The making of any photograph, motion picture film, videotape,
or any other recording or transmission of the image of a person.
Any place where a reasonable person would believe that said
person could disrobe in privacy, without being concerned that such
person's undressing was being viewed, photographed or filmed by another.
The looking upon of another person, with the unaided eye
or with any device designed or intended to improve visual acuity,
for the purpose of arousing or gratifying the sexual desire of any
person.
C.
The provisions of this Section shall not apply to:
[Ord. No. 1999 § 1, 2-17-1998]
A.
A person commits the ordinance violation of tampering with a witness
if, with purpose to induce a witness or a prospective witness in an
official proceeding to disobey a subpoena or other legal process,
or to absent himself/herself, or avoid subpoena or other legal process,
or to withhold evidence, information or documents, or to testify falsely,
that person:
B.
A person commits the ordinance violation of victim tampering if,
with purpose to do so, that person prevents or dissuades or attempts
to prevent or dissuade any person who has been a victim of any crime
or ordinance violation or a person who is acting on behalf of such
victim from:
1.
Making any report of such victimization to any Peace Officer or Prosecuting
Attorney or to any judge; or
2.
Causing a complaint, indictment or information to be sought and prosecuted
or assisting in the prosecution thereof; or
3.
Arresting or causing or seeking the arrest of any person in connection
with such victimization.
C.
OFFICIAL PROCEEDING
VICTIM
WITNESS
1.
2.
3.
4.
As used in this Section, the terms set forth below have the following
meanings:
Any cause, matter, or proceeding where the laws of Missouri
require that evidence considered therein be under oath or affirmation.
Any natural person against whom any crime or ordinance violation
is deemed to have been perpetrated or attempted.
Any natural person:
Having knowledge of the existence or non-existence of facts
relating to any crime or ordinance violation; or
Whose declaration under oath is received as evidence for any
purpose; or
Who has reported any crime or ordinance violation to any Peace
Officer or Prosecutor; or
Who has been served with a subpoena issued under the authority
of any court in Missouri.
[1]
State Law Reference — For similar provisions, see RSMo.
§ 575.270.
[Ord. No. 2395 § 2, 2-21-2006]
No sexually-oriented business shall be operated between the
hours of 1:30 A.M. and 6:00 A.M. on any Monday, Tuesday, Wednesday,
Thursday, Friday or Saturday; and no sexually-oriented business shall
be operated between the hours of 1:30 A.M. and 11:00 A.M. on any Sunday.
As used in the Section, "sexually-oriented business" means a business that comes under the definition of a "sexually-oriented business" in Section 31-1.
[Ord. No. 3174, 8-21-2023]
A.
For purposes
of this Section, the term "tent" shall mean any tent, canopy, lean-to,
yurt, or similar structure made out of any material which is commonly
used for camping or temporary shelter.
B.
It is prohibited
for any person to use a tent or similar temporary structure as a habitation
for a period in excess of seven (7) days, and no more than four (4)
occurrences per year, on any property within the City of Centralia.
