City of Bonne Terre, MO Article V Offenses Concerning Public Peace

Section 210.660 Definitions.

As used in this Article, the following terms mean:

PRIVATE PROPERTY

Any place which at the time of the offense is not open to the public. It includes property which is owned publicly or privately.

PROPERTY OF ANOTHER

Any property in which the person does not have a possessory interest.

PUBLIC PLACE

Any place which at the time of the offense is open to the public. It includes property which is owned publicly or privately.

Section 210.670 Peace Disturbance.

A. A person commits the offense of peace disturbance if he or she:

1. Unreasonably and knowingly disturbs or alarms another person or persons by:

a. Loud noise; or

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; or

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; or

d. Fighting; or

e. Creating a noxious and offensive odor.

2. Is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:

a. Vehicular or pedestrian traffic; or

b. The free ingress or egress to or from a public or private place.

Section 210.680 Private Peace Disturbance.

A. A person commits the offense of private peace disturbance if he/she is on private property and unreasonably and purposely causes alarm to another person or persons on the same premises by:

1. Threatening to commit an offense against any person; or

2. Fighting.

B. For purposes of this Section, if a building or structure is divided into separately occupied units, such units are separate premises.

Section 210.690 Unlawful Assembly.

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.

Section 210.700 Rioting.

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.

Section 210.710 Refusal To Disperse.

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.

Section 210.720 Disorderly Conduct.

[Ord. No. 2003-11 §1(9.12.025), 10-14-2003]

A. 

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

INCITE A RIOT

Urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written:

1. Advocacy of ideas, or

2. Expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts.

PUBLIC PLACE

Any place to which the general public has access and a right to 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 include the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, area or parks.

RIOT

A public disturbance involving:

1. An act or acts of violence by one (1) or more persons part of an assemblage of three (3) or more persons, which act or acts shall constitute a clear and a present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual or;

2. A threat or threats of the commission of an act or acts of violence by one (1) or more persons part of an assemblage of three (3) or more persons having, individually or collectively, the ability of immediate execution of such threat or threats where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual.

B. Disorderly Conduct Prohibited. A person shall be guilty of disorderly conduct if, with the purpose of causing public danger, alarm, disorder, nuisance or if his/her conduct is likely to cause public danger, alarm, disorder or nuisance, he/she willfully does any of the following acts in a public place:

1. Commits an act in a violent and tumultuous manner toward another whereby that other is placed in danger of his/her life, injury to his/her limb or health;

2. Commits an act in a violent and tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed or damaged;

3. Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger that life, limb, health or property of another;

4. Interferes with another's pursuit of a lawful occupation by acts of violence;

5. Obstructs, either singly or together with other persons, the flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered to do so by the City Police or other lawful authority known to be such;

6. Is in a public place under the influence of an intoxicating liquor or drug in such condition as to be unable to exercise care for his/her own safety or the safety of others;

7. Resists or obstructs the performance of duties by City Police or any other authorized official of the City when known to be such an official;

8. Incites, attempts to incite or is involved in attempting to incite a riot;

9. Addresses abusive language or threats to any member of the Police Department, any other authorized official of the City who is engaged in lawful performance of his/her duties or any other person when such words have a tendency to cause acts of violence. Words merely causing displeasure, annoyance or resentment are not prohibited;

10. Damages, befouls or disturbs property or the property of another so as to create a hazardous, unhealthy or physically offensive condition;

11. Makes or causes to be made any loud, boisterous and unreasonable noise or disturbance to the annoyance of any other person nearby or near to any public highway, road, street, lane, alley, park, square or common whereby the public peace is broken or disturbed or the traveling public annoyed;

12. Fails to obey a lawful order to disperse by a Police Officer when known to be such an official where one (1) or more persons are committing acts of disorderly conduct in the immediate vicinity and the public health and safety is imminently threatened;

13. Uses abusive or obscene language or makes an obscene gesture.

C. Exemptions. Subsection (A) and Subsection (B) shall not be construed to suppress the right to lawful assembly, picketing, public speaking or other lawful means of expressing public opinion not in contravention of other laws.

Section 210.730 Disrupting A House Of Worship. [1]

A. For purposes of this Section, "house of worship" means any church, synagogue, mosque, other building or structure, or public or private place used for religious worship, religious instruction, or other religious purpose.

B. A person commits the offense of disrupting a house of worship if such person:

1. Intentionally and unreasonably disturbs, interrupts, or disquiets any house of worship by using profane discourse, rude or indecent behavior, or making noise either within the house of worship or so near it as to disturb the order and solemnity of the worship services; or

2. Intentionally injures, intimidates, or interferes with or attempts to injure, intimidate, or interfere with any person lawfully exercising the right of religious freedom in or outside of a house of worship or seeking access to a house of worship, whether by force, threat, or physical obstruction.

[1] Note: Under certain circumstances this offense can be a felony under state law.

Section 210.740 Unlawful Funeral Protests Prohibited — Definitions.

A. A person commits the offense of unlawful funeral protest if he or she pickets or engages in other protest activities within three hundred (300) feet of any residence, cemetery, funeral home, church, synagogue or other establishment during or within one (1) hour before or one (1) hour after the conducting of any actual funeral or burial service at that place.

B. Definitions. As used in this Section, the following terms mean:

FUNERAL and BURIAL SERVICE

The ceremonies and memorial services held in conjunction with the burial or cremation of the dead, but this Section does not apply to processions while they are in transit beyond any three-hundred-foot zone that is established under Subsection (A) above.

OTHER PROTEST ACTIVITIES

Any action that is disruptive or undertaken to disrupt or disturb a funeral or burial service.

C. The offense of unlawful funeral protest shall be an ordinance violation.

Section 210.750 Noise.

[CC 2001 §9.12.040; Ord. No. 6.04 §§1 — 2, 9-4-1917; Ord. No. 2006-01 §1, 1-10-2006]

A. Unusual And Unnecessary Noises Forbidden. Any person who shall in the City make any unusual or unnecessary noise of any kind so as to disturb the home or comfort of any other person or persons or any sick person, or impair the health and enjoyment of any person or persons, shall be guilty of a misdemeanor and on conviction shall be punished by a fine of not more than twenty-five dollars ($25.00).

B. Cutouts On Automobiles And Motorcycles. Any person driving or in charge of any automobile or motorcycle who shall run such vehicle on and along the streets or alleys of the City or who shall run the engine of the vehicle while the vehicle is standing still on the streets or alleys of the City without the vehicle being equipped with a good muffler in working order and in use or without the cutout on the vehicle or vehicles closed shall be guilty of a misdemeanor.

C. It shall be unlawful for the driver of any vehicle to use, operate or cause to be used or operated within the City limits of the City of Bonne Terre, Missouri, any mechanical device designated to aid in the braking or deceleration of any vehicle which results in the excessive, loud, unusual or explosive noise from such vehicle or unmuffled engine braking.

Section 210.760 through Section 210.820. (Reserved)