City of California, MO Article IV Offenses Concerning Public Peace

Section 210.240 Peace Disturbance.

[Ord. No. 24.016(a) §1, 12-6-1993]

A. A person shall commit the offense of peace disturbance if:

1. He/she unreasonably and knowingly disturbs or alarms another person or persons by:

a. Loud noise;

b. Offensive language addressed in a face-to-face manner to a specific individual and uttered under circumstances that are likely to produce an immediate violent response from a reasonable recipient;

c. Threatening to commit a felonious act against any person under circumstances that are likely to cause a reasonable person to fear that such a threat may be carried out;

d. Fighting; or

e. Creating a noxious and offensive odor.

2. He/she 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 210.250 Unlawful Use of Weapons — Exceptions.

[Ord. No. 2005-027 §1, 12-6-2004]

A. A person commits the crime 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; or

2. Sets a spring gun; or

3. Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motor vehicle as defined in Section 302.010, RSMo., or any building or structure used for the assembling of people; or

4. Exhibits, in the presence of one (1) or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

5. Possesses or discharges a firearm or projectile weapon while intoxicated; or

6. Discharges a firearm within one hundred (100) yards of any occupied schoolhouse, courthouse, or church building; or

7. Discharges or shoots a firearm at a mark, at any object, or at random on, along or across a public highway or discharges or shoots a firearm into any outbuilding; or

8. 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 any agency of the Federal Government, State Government, or political subdivision thereof, or into any public assemblage of persons met for any lawful purpose; or

9. Discharges or shoots a firearm at or from a motor vehicle, as defined in Section 301.010, RSMo., discharges or shoots a firearm at any person, or at any other motor vehicle, or at any building or habitable structure, unless the person was lawfully acting in self-defense; or

10. 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 district school board.

B. Subdivisions (1), (3), (4), (6), (7), (8), (9) and (10) of Subsection (A) of this Section shall not apply to or affect any of the following:

1. All State, County and municipal Peace Officers possessing the duty and power of arrest for violation of the general criminal laws of the State or for violation of ordinances of Counties or municipalities of the State, whether such officers are within or outside their jurisdictions or on or off duty, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

2. Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;

3. Members of the Armed Forces or National Guard while performing their official duty;

4. Those persons vested by Article V, Section 1 of the Constitution of Missouri with the judicial power of the State and those persons vested by Article III of the Constitution of the United States with the judicial power of the United States, the members of the Federal judiciary;

5. Any person whose bona fide duty is to execute process, civil or criminal;

6. Any Federal Probation Officer;

7. Any State Probation or Parole Officer, including supervisors and members of the Board of Probation and Parole;

8. Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the Board of Police Commissioners under Section 84.340, RSMo.; and

9. Any coroner, deputy coroner, medical examiner, or assistant medical examiner.

C. Subdivisions (1), (5), (8) and (10) of Subsection (A) of this Section do 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. Subdivision (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 or projectile weapon 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 this State. Subdivision (10) 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.

D. Subdivisions (1), (8) and (10) of Subsection (A) of this Section shall not apply to any person who has a valid concealed carry 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.

E. Subdivisions (3), (4), (5), (6), (7), (8), (9) and (10) of Subsection (A) of this Section shall not apply to persons who are engaged in a lawful act of defense pursuant to Section 563.031, RSMo.

F. Nothing in this Section shall make it unlawful for a student to actually participate in school-sanctioned gun safety courses, student military or ROTC 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 district school board.

G. Firearms In City Buildings.

1. No person who has been issued a concealed carry endorsement by the Missouri Director of Revenue under Section 571.094, RSMo., or who has been issued a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State shall, by authority of that endorsement or permit, be allowed to carry a concealed firearm or to openly carry a firearm in any building or portion of a building owned, leased or controlled by the City.

2. Signs shall be posted at each entrance of a building entirely owned, leased or controlled by the City stating that carrying of firearms is prohibited. Where the City owns, leases or controls only a portion of a building, signs shall be posted at each entrance to that portion of the building stating that carrying of firearms is prohibited.

3. This Section shall not apply to buildings used for public housing by private persons, highways or rest areas, firing ranges, or private dwellings owned, leased or controlled by the City.

4. Any person violating this Section may be denied entrance to the building or ordered to leave the building. Any City employee violating this Section may be disciplined.

5. No person who has been issued a certificate of qualification which allows the person to carry a concealed firearm before the Director of Revenue begins issuing concealed carry endorsements in July, 2004, shall, by authority of that certificate, be allowed to carry a concealed firearm or to openly carry a firearm in any building or portion of a building owned, leased or controlled by the City.

Section 210.255 Discharging Other Weapons.

[Ch. 24 §24.014; Ord. No. 24.014(A) §2, 5-6-1991]

A. No person shall fire or discharge any firearms or ammunition therefor in the City, except for one (1) of the following purposes:

1. The firing of salutes pursuant to military services and funerals.

2. The firing of a firearm by one whose business entails the testing of firearms in established facilities constructed and maintained for such purposes.

3. The firing of same on a regularly established range pursuant to a valid occupational license.

4. The firing of the same by a Police Officer in the performance of his/her official duty or by any person in lawful defense of his/her person or property.

B. No person shall fire, propel or discharge (whichever is applicable) a BB gun, air rifle, air pistol, pellet gun, bow and arrow, crossbow, or compound bow, or any other instrument or weapon which could be dangerous or deadly when so discharged or propelled:

1. Across or onto a public street or public way.

2. Across or onto the property of another, other than the property of a parent or guardian.

3. In any other situation so as to endanger the life or personal property of another.

Section 210.260 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 City, 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 210.270 Disorderly Conduct.

[Ch. 21 §21.004]

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 to have committed the offense of disorderly conduct:

1. Uses offensive, disorderly, threatening, abusive or insulting language, conduct or behavior.

2. Acts in such a manner as to annoy, disturb, interfere with, obstruct or be offensive to others or to any lawful assemblage.

3. Congregates with others on a public street or public place and refuses to move on when ordered by the Police.

4. By his/her actions, causes a crowd to collect, except when lawfully addressing such a crowd.

5. Shouts or makes a noise either outside or inside a building during the nighttime to the annoyance or disturbance of any person.

6. Stands on sidewalks or street corners and makes insulting remarks to or about passing pedestrians or annoys such pedestrians.

7. Knowing the same to be false, circulates or transmits to another or others, with intent that it be acted upon, any statement or rumor, written, printed or by word of mouth, concerning the location of a bomb or other explosive. This paragraph shall not apply to authorized statements made in connection with any authorized civil defense test or drill.

8. Is engaged in some illegal occupation or who bears an evil reputation and with an unlawful purpose consorts with thieves and criminals.

9. In any prosecution under Subparagraph (8) of this Section, the fact that the defendant is engaged in an illegal occupation or bears an evil reputation, and is found consorting with persons of like evil reputation, thieves or criminals, shall be prima facie evidence that such consorting was for an unlawful purpose.