[R.O. 2001 § 210.160; CC 1990 § 12-76; Code 1977 §§ 17.110, 17.140; Ord. No. 91-6 § 4, 3-5-1991; Ord. No. 06-19 §§ 1-2, 11-7-2006; Ord. No. 18-08, 11-6-2018]
A. 
As used in this Article, the following terms mean:
LOUD NOISE
The following acts are not allowed during the hours as listed below, but said enumeration shall not be deemed to be exclusive:
1. 
The erection (including excavating), demolition, alteration, or repair of any building or structure between the hours of 8:30 P.M. and 6:00 A.M. unless the entity performing said acts shall have received a special work permit authorizing the work during said hours conditioned upon compliance with the other provisions of this Article and provided no complaints about the work are filed with the City. The special work permit will be good for fourteen (14) days and may be renewed for like periods. The City will investigate any complaints and if it is determined that the public or any member of the public is hurt, injured, annoyed, inconvenienced or damaged by said acts, the Building Commissioner shall re-call the special work permit unless the entity holding said permit can provide that it is a case of urgent necessity in the interest of public safety.
2. 
The playing in the open air of tennis, badminton, horse shoes, baseball, or other outdoor games within one hundred (100) feet of any residence or building used or occupied for private family residential purposes between the hours of 12:00 Midnight and 8:00 A.M.
3. 
The playing of any radio, phonograph, musical instrument, drum, orchestra, loudspeaker or other device in such a manner or with such volume, particularly between the hours of 12:00 Midnight and 8:00 A.M. as to tend to annoy or disturb the quiet or repose of persons in any dwelling or residence; provided, any such noise which can be distinctly heard at a distance of more than one hundred (100) feet from its source shall be deemed excessive.
4. 
The creation of any excessive or unnecessary noise within two hundred (200) feet of any portion of grounds or premises on which is located a hospital or other institution reserved for the sick, or any church or school or other institution of learning or court or other public building, library and the like, while the same are open or in session which unreasonably interferes with the proper functioning of any such place above mentioned, provided conspicuous signs are placed in the public highways indicating quiet zones within which such noises are prohibited. In cases of emergency or urgent necessity, a permit may be issued by the City Building Commissioner for such noises within such zones for limited periods during the existence of such emergency.
NOXIOUS AND OFFENSIVE ODOR
Air contaminant and air pollution as defined in Section 643.020, RSMo., but said definitions shall not be deemed to be exclusive.
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.
B. 
Peace Disturbance. 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 (see noise level standards in Section 210.670); 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;
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.
[Ord. No. 18-08, 11-6-2018]
A. 
Noise Level Standards. Sound in excess of the noise level standards of the St. Louis County, Missouri, noise control code as presently adopted and hereafter amended as Chapter 625 of the St. Louis County code is hereby adopted as the Clarkson Valley noise control code with the following deletions or additions:
1. 
Section 625.020(4) and (6) are deleted.
2. 
Section 625.020(9) is deleted and will read as follows: (9) Daylight hours: 6:00 A.M. to 12:00 Midnight, prevailing local time.
3. 
Section 625.020 (10) is deleted and will read as follows: (10) Director: The Mayor of Clarkson Valley and its Building Commissioner.
4. 
Section 625.020(14) and (16) are deleted.
5. 
Section 625.020(18) is deleted and will read as follows: (18) Nighttime hours: 12:00 Midnight to 6:00 A.M. prevailing local time.
6. 
Section 625.050 - Permissible Noise Levels - Standards - is deleted and will read as follows:
625.050 - Permissible Noise Levels — Standards.
1.
No person shall operate or permit to be operated any stationary noise source which emits noise in such a manner that the level of the noise emitted, when measured at any point outside the boundary of the property upon which the stationary noise source is located using the slow meter characteristic and the A-weighting network of the sound level meter, exceeds the levels set forth in Table I below or exceeds the limit set forth in Section 210.660(B)(1). When the noise emitted is measured upon property which is located in a different land use category than the property upon which the stationary noise source is located, the levels applicable to the property where the noise emitted is measured shall be used to determine if a violation exists. If more than one (1) use exists on the property where the noise emitted is measured such that more than one (1) land use category would be applicable to the property, then the levels set forth in the least restrictive applicable land use category of Table I shall be used to determine if a violation exists.
2.
If the stationary noise source emits noise containing a discrete tone, the permissible levels shall be 5 dB lower than the applicable levels of Table I.
3.
If the stationary noise source emits impulsive noise, the levels of Table I shall be lowered by 5 dB. A violation of this Code shall exist if the level of the impulsive noise emitted exceeds the applicable levels of Table I, as modified by this Subsection, when the measurement is made using the fast meter characteristic and the A-weighting network of the sound level meter.
4.
In the event the stationary noise source emits impulsive noise containing a discrete tone, the modifications of Table I herein shall be cumulative.
5.
If the ambient noise level exceeds the level of the noise emitted from the stationary noise source for one (1) or more periods of time during the period of measurement, then for any such period of time the level of the noise emitted from the stationary noise source shall be deemed to be lower than the level which is permitted for sixty (60) minutes during the period of measurement in the applicable land use category and for the applicable time of day.
6.
If, during the period of measurement, noise shall be emitted from a stationary noise source for periods of time at two (2) or more different levels, a violation of this Code shall exist if the sum of the following fractions C1/T1 + C2/T2 + . . . Cn/Tn exceeds the unit number 1. For purposes of this calculation, Cn shall equal the actual time period that noise is emitted at each measured noise level and Tn shall equal the period of time that noise is permitted under Table I to be emitted at each measured noise level. Provided, however, if: (1) the ambient noise level exceeds the level of noise emitted from the stationary noise source for one (1) or more periods of time during the period of measurement; or (2) the level of the noise emitted from the stationary noise source is lower than the level of noise which is permitted in Table I for sixty (60) minutes during the period of measurement in the applicable land use category and for the applicable time of day for one (1) or more periods of time during the period of measurement, then for the purpose of the calculation set forth in this subsection, for each such period of time, the term Cn shall be deemed to be zero (0) and the fraction Cn/Tn shall be zero (0).
Table I
A. Residential Land Use Category
Daytime Hours
Tn*
[dB(A)]**
60
55 or less
30
56 – 58
15
59 – 61
8
62 – 64
4
65 – 67
2
68 – 70
0
71 or greater
Nighttime Hours
60
50 or less
30
51 – 53
15
54 – 56
8
57 – 59
4
60 – 62
2
63 – 65
0
66 or greater
*
Total Duration of Time Noise To Be Emitted From Noise Source During Period of Measurement (Minutes).
**
A-Weighted Sound Pressure Level.
7. 
625.060 - Vibration Standards - is deleted and will read as follows: No person shall cause or allow any operation nor engage in any activity causing vibrations to be generated which are greater than the perception threshold at any point outside of the boundary of the property where the source of the vibrations is located; provided, however, vibrations caused by blasting operations conducted in accordance with the requirements of Chapter 711, SLCRO 1974, as amended, and Clarkson Valley Ord. No. 03-14, as amended, The Explosives Code, shall not be subject to the provisions of this Section.
8. 
Section 625.070 is deleted and shall now read as follows:
625.070 - Exceptions. —
To the extent provided in this Section, the provisions of this Chapter shall not apply to:
1.
The operation of construction devices, with sound control devices equivalent to or better than the original equipment, used in construction activities during daytime hours.
2.
Emergency work to repair or maintain private utility facilities.
3.
Emergency work to repair equipment or facilities damaged or rendered inoperable as a direct result of unavoidable upset conditions providing such occurrence is reported to the Director within twenty-four (24) hours after the occurrence.
4.
The operation of motor vehicles on a vehicular way with such control devices equivalent to or better than the original equipment.
5.
The necessary operation of emergency signal devices.
6.
Electric power distribution transformers within a distance of fifty (50) feet from the base of the support pole or from the fence line. In addition, electric power distribution transformers shall not be subject to the provisions of Section 210.660(B)(1).
7.
The operation of lawn care maintenance equipment with sound control devices equivalent to or better than original equipment from 6:00 A.M., prevailing local time to sunset.
9. 
Section 625.080 - Notice of Violation - is deleted and will read as follows:
Section 625.080 - Notice of Violation
Whenever the Director determines that a violation of any provision of this Code exists, he or she shall issue a written notification to the person responsible for the alleged violation. The notification shall set forth the nature of the violation and shall direct that the violation must be abated within the time period specified by the Director, which time period shall not exceed fourteen (14) days from the date the notice is sent.
10. 
Sections 625.090, 625.100, 625.110, 625.120, 625.130, 625.140, 625.150, 625.170, 625.180, 625.190, and 625.200 are deleted.
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. 
Definition. The following term shall be defined as follows:
PUBLIC PLACE
Any place, including inside a building, to which the general public has access and a right of 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 stand or remain idle either alone or in consort with others in a public place in such manner so as to knowingly and actually:
1. 
Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding 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;
3. 
Obstruct the entrance to any business establishment, without so doing for some lawful purpose, if contrary to the expressed wish of the owner, lessee, managing agent or person in control or charge of the building or premises.
C. 
When any person causes or commits any of the conditions in this Section, 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 this Section.
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:
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 300-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.
[R.O. 2001 § 210.240; CC 1990 § 12-81; Ord. No. 92-11 § 2, 6-2-1992]
No person shall disturb any lawful assembly, either public or private, by making a noise, or by rude or indecent behavior or profane discourses within such assembly or so near the same as to disturb the order or solemnity of the meeting.
A. 
A person commits the offense of interference with a first responder if:
1. 
The person has received a verbal warning not to approach from a person that he or she knows or reasonably should know to be a first responder;
2. 
The first responder is engaged in the lawful performance of a legal duty; and
3. 
The person knowingly and willfully violates the verbal warning and approaches within twenty (20) feet of the first responder with the intent to:
a. 
Impede or interfere with the first responder's ability to perform his or her legal duty;
b. 
Threaten the first responder with physical harm;
c. 
Engage in a course of conduct directed at a first responder which serves no legitimate purpose.
B. 
As used in this Section, the following terms mean:
ADVANCED EMERGENCY MEDICAL TECHNICIAN (AEMT)
A person who has successfully completed a course of instruction in certain aspects of advanced life support care as prescribed by the Missouri Department of Health and Senior Services and is licensed by the Department in accordance with Sections 190.001 to 190.245, RSMo., and rules and regulations adopted by the Department pursuant to Sections 190.001 to 190.245, RSMo.
EMERGENCY MEDICAL TECHNICIAN
A person licensed in emergency medical care in accordance with standards prescribed by Sections 190.001 to 190.245, RSMo., and by rules adopted by the Missouri Department of Health and Senior Services pursuant to Sections 190.001 to 190.245, RSMo.
FIREFIGHTER
Any officer or employee of a Fire Department or Fire Protection District who is employed for the purpose of fighting fires, but does not include anyone employed in a clerical or other capacity not involving fire-fighting duties.
FIRST RESPONDER
Any Law Enforcement Officer, firefighter, paramedic, emergency medical technician, or advanced emergency medical technician.
PARAMEDIC
A person who has successfully completed a course of instruction in advanced life support care as prescribed by the Missouri Department of Health and Senior Services and is licensed by the Department in accordance with Sections 190.001 to 190.245, RSMo., and rules adopted by the Department pursuant to Sections 190.001 to 190.245, RSMo.
C. 
This Section shall have no impact on an individual's first amendment rights, and shall not restrict the ability to observe or record first responders.