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.
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.
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.
[Ord. No. 317, 4-5-1999]
It shall be unlawful for any person within the City to urinate or defecate in or upon any street, park, or any public place open to the public or private place open to public view, other than in the restroom facilities provided for such activity.
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 ordinances of the City or 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 ordinances of the City or 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 ordinances or 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.
A. 
A person commits the offense of disorderly conduct if he/she:
1. 
Refuses to comply with a reasonable request of a Law Enforcement Officer; or
2. 
Harasses another person for the purpose of frightening or disturbing that person.
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.
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:
OTHER PROTEST ACTIVITIES
Any action that is disruptive or undertaken to disrupt or disturb a funeral or burial service.
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.
C. 
The offense of unlawful funeral protest shall be an ordinance violation.
A. 
It shall be unlawful for any person to make, continue or cause to be made or continued any unreasonably loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person within the limits of the City (collectively "unnecessary noises"). The following acts are declared to be unnecessary noises, but such enumeration shall not be deemed to be exclusive:
1. 
Horns, signaling devices, etc. The prolonged sounding of any horn, whistle or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
2. 
Machines and devices. The using, operating or permitting to be played, used or operated of any radio, tape player, compact disc player, digital audio device, loudspeaker, stereo, television, boom box, musical instrument or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of reasonable persons in the immediate neighborhood or at any time with louder volume than is reasonably necessary for convenient hearing for the person who is in the room, vehicle or chamber in which such machine or device is operated and who is a voluntary listener thereto. The operation of any such machine or device between the hours of 10:00 P.M. and 7:00 A.M. in such a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this Section. For purposes of this Section, "plainly audible" shall mean that the sound can be clearly perceived by the auditory senses, the exact words and phrases need not be discernible, and reverberations of bass are included.
3. 
Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
4. 
Yelling, shouting, etc. Sustained or prolonged yelling, shouting, hooting, whistling or boisterous singing on the public streets, particularly between the hours of 10:00 P.M. and 7:00 A.M. weekdays or 10:30 P.M. and 7:00 P.M. weekends and holidays or at any time or place so as to annoy or disturb the quiet, comfort or repose of reasonable persons in any office, in any dwelling, hotel or other type of residence; or of any persons in the vicinity.
5. 
The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of reasonable persons in the vicinity.
6. 
Exhausts. The discharge into the open air of the exhaust of any internal combustion engine, motorboat, motorcycle or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
7. 
Construction. The erection, excavating, demolition, alteration or repair of any building other than between the hours as defined in Chapter 500 of this Code, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Commissioner, which permit may be granted for a period not to exceed three (3) days while the emergency continues and which permit may be renewed for periods of three (3) days or less while the emergency continues. If the Building Commissioner should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 6:00 P.M. and 7:00 A.M., and if the Commissioner shall further determine that loss or hardship would result to any party in interest, the Commissioner may grant permission for such work to be done between the hours of 6:00 P.M. and 7:00 A.M., upon application being made at the time the permit for the work is approved or during the progress of the work. Work by or for the City shall be exempt from these provisions because it is deemed to be for the public health, safety and welfare.
8. 
Schools, courts, churches, hospitals. The creation of any unreasonable or excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed indicating that the same is a school, hospital or court site.
9. 
Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.
10. 
Pile drivers, hammers, etc. The operation between the hours of 6:00 P.M. and 7:00 A.M. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unreasonable noise.
11. 
Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, or of an electric motor, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
B. 
It shall be presumed that the allowable noise level limits have been violated whenever any noise or sound is projected from one property in the City onto another if such sound, measured at the front building line on the property receiving the sound, exceeds the following decibel standards at a location appropriate to determine the level of disturbance. It shall be the responsibility of the alleged violator to provide data using an ASTM standard, as determined by the City, that the noise level meets the allowable levels as defined by this Code.
Objective Noise Standards — Allowable Levels
In residentially zoned districts:
7:00 A.M. to 10:30 P.M.
55 dB
10:30 P.M. to 7:00 A.M.
50 dB (weekdays)
10:30 P.M. to 7:00 A.M.
50 dB (weekends and holidays)
In commercially zoned districts:
7:00 A.M. to Midnight
65 dB
Midnight to 7:00 A.M.
60 dB
In industrially zoned districts:
7:00 A.M. to Midnight
70 dB
Midnight to 7:00 A.M.
65 dB
Multi-family structures shall have the same noise limits between units as for single-family or detached dwellings, as measured at any point in the interior of the sound receptor residential unit with windows closed.
C. 
Exceptions. The following are exempt from the provisions above:
1. 
Crowd sounds emanating from scheduled outdoor athletic events and/or festivals, concerts and activities operating under permit from the City or school district.
2. 
Noise of safety signals, warning devices, emergency pressure relief valves.
3. 
All church bells, church chimes, either actual or electronic, or artificial sound reproduction system intended to sound like church bells or chimes operated between the hours of 6:00 A.M. and 10:30 P.M.
4. 
Noise resulting from any authorized emergency vehicle.
5. 
Noise resulting from parades, lawful picketing or other public demonstrations protected by the U.S. Constitution or Federal law for which a local permit has been granted by the City, provided such activity is of a temporary duration lasting no longer than two (2) hours during any twenty-four (24) hour period. Regulation of noise emanating from activities under permit shall be according to the conditions and limits stated in this Section and according to any additional conditions stated on the permit.
6. 
Unamplified and amplified sound at public affairs conducted, sponsored or sanctioned by the City of Foristell, so long as such sound remains within the parameters of this Section.
7. 
All noises coming from the normal and legal operation of properly equipped aircraft.
8. 
Noise from noisemakers on holidays and fireworks on holidays or at times allowed under a pyrotechnics permit.
9. 
Noise from trains and associated railroad rolling stock when operated in a proper manner.
10. 
Emergency work, as defined above.
11. 
Special event permits. When approved by the Board of Aldermen, the City Administrator or his/her designated representative may issue special event permits for events such as, but not limited to, concerts, festivals, parades and athletic events to permit reasonable and limited exceptions to the provisions of this Section. Any special event permit issued shall contain specific provisions as to the activities which will be conducted and dates and times during which the provisions of this Section are to be suspended. Specific sources of the noise which may exceed the established sound limits shall be identified, with projected or estimated noise levels, and special conditions may be established in the permit which will minimize the noise impact of the special event on the community.
D. 
Special Use Districts, Overlay Zones. When approved by the Board of Aldermen, the objective, allowable noise limits may be modified or amended to reflect the specialized or unique nature of the land use being allowed. Such modifications or amendments to the allowable noise level limits shall be in force for that zoning district only and shall not serve as an overall modification to the noise level limits throughout the City.
E. 
Annexed Or Rezoned Property. In the event that a transient lodging or residential zoning is being requested adjacent to or within one thousand (1,000) feet of an existing commercial or industrial zone, the applicant or owner of the proposed residential district shall demonstrate, whether through field testing or by use of the Shell Isolation Rating System, that the planned residential area provides thirty-five (35) dBA of reduction from outside to inside the proposed building(s).
F. 
The City Administrator or his/her designated representative may temporarily waive the requirements of this Section to permit work of an emergency nature necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from imminent exposure to danger or work by public or private utilities when restoring utility service.
G. 
Whenever any public nuisance, as defined in this Section, is determined to exist, the City Administrator or the City Administrator's designate shall cause to be served a notice in writing upon the person permitting, causing, maintaining, allowing to remain, or creating the noise nuisance, stating the existence of the nuisance and requesting its abatement within the time specified in this Section.
H. 
Under the authority of an administrative search warrant signed by the Municipal Judge, the City Administrator or his/her designate may enter at any reasonable time, with reasonable notice, into or upon any private or public property for the purpose of inspection and investigating any condition or equipment which the City Administrator or his/her designate shall have reasonable cause to believe to be causing a violation of this Section. The City Administrator or his/her designate may inspect at any reasonable time and in a reasonable manner with reasonable notice any sound-emitting equipment. No person shall refuse entry nor obstruct, delay, prevent or in any way interfere with the City Administrator or his/her designate while carrying out an inspection, or in the performance of his/her duties.
I. 
Violations And Penalties.
1. 
If the alleged violator denies responsibility for the noise level problem or if the City Administrator or his/her designate is not able to amicably abate the noise level problem, he/she shall issue a notice to the person responsible for such noise level problem which shall specifically state the facts of the violation and the provisions of this noise level problem Section violated; and he/she shall require such person to answer the allegations contained in such notice at a hearing before the City Administrator or his/her designate to be held not less than seven (7) days after the date of such notice.
2. 
If the respondent to such notice of violation desires to offer evidence at the hearing, he/she shall file a written answer thereto with the City Administrator or his/her designate not less than two (2) days before the hearing at the Foristell City Hall, setting forth a summary of the facts and evidence to be presented at the hearing, in default whereof the facts stated in the notice of violation shall be deemed by the City Administrator or his/her designate to be true.
3. 
After due consideration of all matters at the hearing, or upon the default in appearance of the alleged violator, and if he/she finds that adequate corrective measures will not be employed to abate the noise level, the City Administrator or his/her designate shall make such determinations and issue such orders as are appropriate and commensurate with the provisions of this Section, and he/she shall forthwith give notice thereof in writing to the alleged violator.
4. 
The City Administrator or his/her designate, upon determination of a violation of this Section after such hearing is conducted, may proceed to sign a complaint form at the Police Department of the City, and should the City Prosecutor decide to proceed with such signed complaint, a summons will be issued which is returnable in the Foristell Municipal Court.
5. 
Any person determined to be in violation of any provision of this Section shall, upon conviction, be assessed a fine of up to five hundred dollars ($500.00). Except as otherwise provided by State Statute or Supreme Court guidelines. Each day of such violation shall constitute a separate violation.
[Ord. No. 867, 11-15-2021]
A. 
Section 190.300 to 190.340, RSMo., states that any County that has established an emergency telephone service it shall be unlawful for any person to misuse the emergency telephone service.
B. 
Emergency means any incident involving danger to life or property that calls for an emergency response dispatch of police, fire, EMS or other public safety organization.
C. 
Misuse of the emergency telephone service, includes, but is not limited to, repeatedly calling "911" for non-emergency situations causing operators or equipment to be in use when emergency situations may need such operators or equipment and "repeatedly" means three (3) or more times within a one-month period.
D. 
Any person in violation of this Section shall be subject upon conviction, to the payment of a fine of up to five hundred dollars ($500.00) and/or imprisonment in the County Jail for up to ninety (90) days, or both such fine and imprisonment.