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.
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.
A. 
Definitions. As used in this Section, the following terms shall have the following definitions:
LOITERING
Remaining idle in essentially one (1) location and shall include the concept of spending time idly; to be dilatory; to linger; to stay; to saunter; to delay; to stand around and shall also include the colloquial expression "hanging around".
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 also include the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks.
B. 
It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle either alone and/or in consort with others in a public place in such manner so as to:
1. 
Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians.
2. 
Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress and regress therein, thereon and thereto.
C. 
When any person causes or commits any of the conditions enumerated in Subsection (B) herein, a Police Officer or any Law Enforcement Officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of the ordinance.
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. 
Any person who, with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned, commits any of the following acts shall be deemed guilty of a misdemeanor.
1. 
Uses offensive, disorderly, threatening, abusive or insulting language, conduct or behavior.
2. 
Acts in such manner as to annoy, disturb, interfere with, obstruct or be offensive to others or to any lawful assembly.
3. 
Congregates with others on a public street and refuses to move on when ordered by an officer.
4. 
By his/her actions causes a crowd to collect, except when lawfully addressing such crowd.
5. 
Shouts or makes a noise either outside or inside a building to the annoyance or disturbance of any persons therein.
6. 
Wanders, prowls or loiters upon the private property of another in the nighttime and peeks or peers in the door or window of any building or structure located thereon which is inhabited by human beings without any visible or lawful business with the owners or occupants thereof.
7. 
Discharges any fireworks within the City limits in violation of Article XIV, Section 210.2210 of the Municipal Code of the City of Dearborn.
8. 
Sale of fireworks and fireworks occupational license.
a. 
Definitions. For the purpose of this Section, the following words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely precatory.
CITY
The City of Dearborn, Missouri.
DISTRIBUTOR
Any person engaged in the business of selling fireworks to wholesalers, jobbers, seasonal retailers, other persons or governmental bodies that possess the necessary permits as specified in Sections 320.106 to 320.161, RSMo., including any person that imports any fireworks of any kind in any manner into the State of Missouri.
FIREWORKS
Explosive devices designed primarily to produce visible or audible effects by combustion, including aerial devices and ground devices, all of which are classified as fireworks, UN0336, 1.4G by regulation of the United States Department of Transportation, as amended from time to time, and which were formerly classified as Class C common fireworks by regulation of the United States Department of Transportation.
FIREWORKS SEASON
The period beginning on the twentieth (20th) day of June and continuing through the fourth (4th) day of July of the same year, which shall be the only period of time that seasonal retailers may be permitted to sell fireworks.
JOBBER
Any person engaged in the business of making sales of fireworks at wholesale or retail within the State of Missouri to non-licensed buyers for use and distribution outside the State of Missouri.
MANUFACTURER
Any person engaged in the making, manufacture, assembly or construction of fireworks of any kind within the State of Missouri.
PERMANENT STRUCTURE
Buildings and structures other than tents, mobile homes and trailers.
PERSON
Any person, partnership, firm, association or corporation.
SEASONAL RETAILER
Any person within the State of Missouri engaged in the business of making sales of fireworks in Missouri during a fireworks season as defined in this Section.
SELL or SALE
The act of selling, attempting to sell and offering for sale and shall include exchange, barter and giving away for no consideration.
STAND
Any non-permanent structure or tent which is used solely for the purpose of selling fireworks.
WHOLESALER
Any person engaged in the business of making sales of fireworks to any other person engaged in the business of making sales of fireworks at retail within the State of Missouri.
b. 
License required. It shall be unlawful for any person to sell or distribute any fireworks within the City limits or to ship or cause to be shipped into the City, except as herein provided, any item of fireworks unless such person shall have first obtained from the City Clerk the required applicable occupational license as a seasonal retailer for the sale of such fireworks and shall have paid to the City Clerk the fee prescribed herein, if applicable.
c. 
License term. Licenses for seasonal retailers shall commence at 12:01 A.M. on June twentieth (20th) and expire at Midnight on July fourth (4th). It shall be unlawful to sell fireworks at retail in the City at any time except during the term provided for seasonal retail licenses.
d. 
Seasonal retailer licensing requirements and procedure.
(1) 
Application period. The City will begin accepting applications on April first (1st) of each year. For each license requested, a complete application, all necessary supporting documents and the license fee for the license must be received by the City on or before April fifteenth (15th).
(2) 
Separate license required. Each seasonal retailer must obtain a separate occupational license for each physical sale location.
(3) 
Application made by both seasonal retailer and landowner. Both the seasonal retailer and the landowner (if different persons) must execute the license application for each sale location.
(a) 
To verify ownership of the property to be licensed, a license application must include a copy of the paid real estate tax receipt for the proposed sale location property for the prior year. If the property has been transferred since the date of the tax receipt, a certified copy of the deed of conveyance must also be submitted.
(4) 
Proof of insurance required. The seasonal retailer and landowner must submit proof of hazard insurance in the amount of at least one million dollars ($1,000,000.00) per occurrence and a two million dollar ($2,000,000.00) aggregate limit naming the City as an additional insured and covering occurrences during the term of the insurance. The amount of insurance shall not be subject to possible reduction below the minimum under an aggregate limit which includes occurrences at locations not operated by the seasonal retailer. The seasonal retailer and landowner must also execute an indemnity, on the form provided by the City, indemnifying the City and its employees from all claims and losses.
(5) 
Seasonal retailer license fee. The fee for a seasonal retailer license shall be two hundred fifty dollars ($250.00) per license.
e. 
Wholesale licenses. There shall be no wholesale licenses issued by the City.
f. 
Jobber licenses. There shall be no jobber licenses issued by the City.
g. 
Distributor licenses. There shall be no distributor licenses issued by the City.
h. 
Manufacturer licenses. There shall be no manufacturer licenses issued by the City.
i. 
Compliance with laws and ordinances required.
(1) 
It shall be unlawful for any person to sell any fireworks at any location within a district zoned or dedicated for residential or agricultural use, including any residential planned districts.
(2) 
It shall be unlawful for any person to sell any fireworks without a valid sales tax number.
(3) 
It shall be unlawful to sell any fireworks or to ship or cause to be shipped into the City, except as herein provided, any item of fireworks without complying with all applicable ordinances of the City, laws of the State of Missouri and laws and regulations of the United States.
j. 
Unlawful sale.
(1) 
It shall be unlawful for any person to sell any explosive devices designed primarily to produce visible or audible effects by combustion, deflagration or detonation that are not classified as fireworks, UN0336, 1.4G by regulation of the United States Department of Transportation, as amended from time to time.
(2) 
It shall be unlawful for any person to engage in the business of making sales of fireworks to non-licensed buyers, regardless of where such fireworks are to be used, except for retail sales by a licensed seasonal retailer during the fireworks season.
(3) 
It shall be unlawful for any person to sell, give away or otherwise distribute fireworks to any person who is less than fourteen (14) years of age except when such child is in the presence of a parent or guardian.
(4) 
It is unlawful for any person under the age of sixteen (16) to sell, give away or otherwise distribute fireworks or work in a facility where fireworks are stored, sold, distributed or offered for sale unless supervised by an adult.
k. 
Sales structures limited. It shall be unlawful for any person to sell fireworks from a car or truck or in any other manner except from a permanent structure or a stand duly licensed to sell fireworks.
l. 
Storage and display of fireworks. Storage of fireworks at any time of year shall be in compliance with State law including, but not limited to, identification and labeling of and accessibility to storage facilities.
(1) 
It is unlawful to expose fireworks to direct sunlight through glass to the merchandise displayed, except where the fireworks are in the original package.
(2) 
All fireworks which the public may examine shall be kept for sale in original packages, except where an attendant is on duty at all times where such fireworks are offered for sale. Fireworks shall be kept in showcases out of the reach of the public when an attendant is not on duty.
(3) 
One (1) or more signs reading "Fireworks — No Smoking" shall be displayed at all places where fireworks are stored or sold in letters not less than four (4) inches in height.
(4) 
Fireworks shall not be stored, kept or sold within fifty (50) feet of any area in which volatile liquids or gases are stored above the surface of the ground.
(5) 
One (1) or more signs reading "Fireworks may not be discharged within the City Limits of Dearborn, Missouri" shall be displayed at all places where fireworks are stored or sold in letters not less than four (4) inches in height.
m. 
Open flames prohibited. It is unlawful to permit the presence of lighted cigars, cigarettes, pipes or any other open flame within ten (10) feet of the place where fireworks are offered for sale.
n. 
Removal of stands — bond required. All temporarily licensed stands and signs shall be completely removed, and the site where such stand was erected shall be cleared of all debris and trash within three (3) days after expiration of the term for retail sales of fireworks. All applicants for a license who intend to sell fireworks from such a stand shall furnish a cash performance bond with their application to the City Clerk. Such bond shall be payable to the City and in the face amount of one thousand dollars ($1,000.00).
(1) 
Forfeiture of bond. If any person who obtains a license to sell fireworks at retail shall fail to comply with any provision of this Section, then the cash bond provided for in this Subsection hereof shall be forfeited to the City.
o. 
Penalties. Any person who violates any provision of this Section shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be fined a sum of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or by imprisonment for a period of time not to exceed ninety (90) days, or by both such fine and imprisonment and costs.