[Ord. No. 11-15, 9-1-2011]
A. Sound
levels that peak at or greater than seventy-five (75) decibels measured
on the A scale (slow response mode) at the point of complaint will
be regulated by this Section.
1. No person shall willfully, maliciously or knowingly disturb any congregation
or other assembly set for religious worship or other such lawful assembly
or worship, including, but not limited to, school, town or other bona
fide, legitimate meetings and assemblies.
2. It shall be unlawful for any person to disturb the peace, interrupt,
or otherwise disrupt the orderly progress of any meeting of the Board
of Aldermen, or any other board, department, agency, committee or
commission of the City, nor shall any person who has been declared
out of order by the Presiding Officer at such meeting resist any request
for his/her removal from such meeting.
3. It shall be unlawful for any person to keep, house, handle, carry,
transport or otherwise maintain any animal or bird which by causing
long, frequent and loud noise/sound disturbs the comfort and peace
of any person in the vicinity.
4. Except as otherwise permitted by special event permit pursuant to Section
400.185 of this Code (the zoning regulations), or other action of the Board of Aldermen, or as otherwise provided in this Code, it shall be unlawful for any person to play, use or otherwise allow the playing or use of any sound-producing device or allow any other noise source from private property in which the sound emission peaks at or greater than seventy-five (75) decibels. The decibel reading shall be recorded at the place of complaint and shall not occur between the hours of 11:00 P.M. and 7:00 A.M. or at any other time in which the sound is of a volume, intensity or duration as to be detrimental to the reasonable comfort of another.
5. No person shall play, use or otherwise permit or allow the playing
or use of any sound-producing device or other noise (including, but
not limited to, exhaust/motor noise) to be emitted from a vehicle
or any other source while on public property, including streets or
other public rights-of-way, which can be heard on any other private
or public property other than the location from which the vehicle
or other source is located between the hours of 11:00 P.M. and 7:00
A.M. Any sound emitted at a volume, intensity or duration from a vehicle
or other source at a level that is detrimental to the reasonable comfort
of any individual is unlawful at any time.
6. Any building, excavation, demolition, alteration or any other construction
that creates noise of any type, including, but not limited to, the
actual work, related vehicular traffic, etc., that can be heard beyond
and/or off the construction or work site other than between the hours
of 7:00 A.M. and 7:00 P.M. is unlawful. Exception: If the City health,
building or other authorized city department deems it necessary, due
to public health or safety, permission may be granted on a temporary,
monitored basis.
7. Yelling, shouting, hooting, whistling, singing or any other verbalization
conducted at such a level at any time or any place that annoys or
disturbs the quiet, comfort or repose of any person in the vicinity
is not permitted.
8. Any ambulance, law enforcement, fire or other emergency personnel
or other persons authorized by the City, State or Federal Government
during the performance of their official duty shall be exempted from
the provisions of this Article.
9. Except as otherwise permitted by special event permit or other action
of the Board of Aldermen, or as otherwise provided in this Code, it
shall be unlawful for any person to play, use or otherwise allow the
playing or use of any sound-producing device or allow any other noise
source from private property in the Historic Zoning District in which
the sound emission peaks at or greater than seventy-five (75) decibels.
The decibel reading shall be recorded at the place of complaint and
shall not occur between the hours of 11:00 P.M. and 7:00 A.M. or at
any other time in which the sound is of a volume, intensity or duration
as to be detrimental to the reasonable comfort of another. The provisions
of this Subsection shall not apply to sound emissions from trains,
or to the sound of church bells. The Historic Zoning District is as
defined by this Code and as shown on the adopted Zoning Map.
10. It shall be unlawful to operate or use a Jacobs engine brake or other
exhaust or engine device without a muffler or with a malfunctional
muffler, as braking power to slow down a vehicle's rate of speed in
the City, except in emergencies. For the purpose of this Section,
a "Jacobs engine brake" is a hydraulic-electric engine
attachment that converts a diesel engine into an air compressor by
changing engine exhaust valve operation. Notice of this Subsection
shall be posted at prominent locations in the City by an appropriate
sign notifying motorists of the passage of this Subsection.
B. Penalty. Any person, persons, firm, partnership, or corporation
violating any provisions of this Section shall upon conviction thereof
be fined not more than five hundred dollars ($500.00) or by imprisonment
for not more than ninety (90) days, or both. Each day this Section
or any part thereof is violated shall be and constitute a separate
offense and violations of this Section for which they may be punished.
For the purposes of Sections
215.130 and
215.140 the following words shall have the meanings set out herein.
PRIVATE PROPERTY
Any place which at the time is not open to the public. It
includes property which is owned publicly or privately.
PUBLIC PLACE
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.
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Any person within the limits of this City, who shall discharge
any cat gun, spring gun, air gun, or shall shoot any pebble, bullet,
slug or other hard substance by means of a sling, crossbow, rubber
band or bow or any other means shall be deemed guilty of a misdemeanor.
A person commits the offense of unlawful transfer of weapons
if he: 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.
A person commits the offense of unlawful assembly if he/she
knowingly assembles with six (6) or more other persons and agrees
with such persons to violate any of the criminal laws of this State
or of the United States with force or violence.
A person commits the offense of rioting if he/she knowingly
assembles with six (6) or more other persons and agrees with such
persons to violate any of the criminal laws of this State or of the
United States with force or violence, and thereafter, while still
so assembled, does violate any of said laws with force or violence.
A person commits the offense of refusal to disperse if, being
present at the scene of an unlawful assembly, or at the scene of a
riot, he/she knowingly fails or refuses to obey the lawful command
of a Law Enforcement Officer to depart from the scene of such unlawful
assembly or riot.
[CC 1983 §75.170]
It shall be unlawful for any person to make, use or possess
on his/her person, or have under his/her control, any explosive device,
including a Molotov cocktail, containing flammable, combustible or
explosive material or substance which can be used as a fire bomb either
by igniting the fuse or breaking the device; provided however, any
person who can show that he/she is engaged in any lawful activity,
business, calling, employment or occupation requiring him/her to have
such a device or such material or substance in his/her possession
or under his/her control is hereby exempt from the operation of this
Section.