[Ord. No. 10378, 1-5-2017]
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.
[1]
State Law Reference: See RSMo. § 574.005.
[Ord. No. 10378, 1-5-2017]
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.
[1]
State Law Reference: See RSMo. § 574.010.
[Ord. No. 10378, 1-5-2017]
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.
[1]
State Law Reference: See RSMo. § 574.020.
[Ord. No. 10378, 1-5-2017]
It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which unreasonably or unnecessarily either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others in the City. The provisions of this section shall not apply to or be enforced against:
(a) 
Any vehicle of the City while engaged in necessary public business.
(b) 
Excavations or repairs of streets by or on behalf of the City, county or state at night when public welfare and convenience renders it impossible to perform such work during the day.
(c) 
The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character.
[Ord. No. 8503, § 1, 4-18-1996; Ord. No. 9973, § 1, 12-16-2010; Ord. No. 10378, 1-5-2017]
The following activity, among others, shall constitute a violation of § 17-69, but such enumeration shall not be exclusive:
(a) 
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place in the City, except as a danger warning; the creation of any unreasonably loud or harsh sound by means of any such signaling device and the sounding of any such device for an unreasonable period of time; the use of any signaling device, except a police whistle or one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust and the use of any such signaling device when traffic is held up for any reason.
(b) 
Radios, televisions, phonographs, etc. The using, operating or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is 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 set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(c) 
Loudspeakers, amplifiers, etc., for advertising. The using, operating or permitting to be played, used or operated 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 without a special permit from the Mayor and Council. Announcements over loudspeakers can only be made by the announcer in person and without the aid of any mechanical device.
(d) 
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of any person in the vicinity.
(e) 
Animals, birds, etc. The keeping of any animal or bird which will disturb the comfort or repose of any persons in the vicinity by making long, continual or frequent noise.
(f) 
Steam whistle or horn. The blowing of any train whistle, steam whistle or horn attached to any stationary boiler or locomotive, except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper City authorities.
(g) 
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(h) 
Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
(i) 
Loading, unloading, opening boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicles, the delivery of goods or services, or the opening or destruction of bales, boxes, crates and containers.
(j) 
Construction and repair work. The exterior construction, demolition, alteration or repair of buildings involving the operation of machinery or equipment which causes loud or disturbing noise, except between the hours of 7:00 a.m. and 8:00 p.m. on Monday through Thursday, between 7:00 a.m. and 6:00 p.m. on Friday and Saturday and between 9:00 a.m. and 6:00 p.m. on Sunday, and except for activities by governmental authorities or public utilities when the activities are in response to emergencies or otherwise in the interest of public health and safety.
[Ord. No. 10714, 5-20-2021]
(k) 
Schools, courts, churches, hospitals, residences. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in session or adjacent to any hospital or in any residential area, and which unreasonably interferes with the work of such institution, or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed about such institutions indicating the presence of such institutions.
(l) 
Hawkers, peddlers, etc. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood.
(m) 
Noises to attract attention. The use of any drum or other instrument or device for the purpose of attracting attention to any performance, show or sale by creation of noise.
(n) 
Transportation of metal rails, etc. The transportation of rails, pillars or columns of iron, steel or other material over and along streets and other public places upon carts, drays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.
(o) 
Pile drivers, hammers, etc. The operation from 6:00 p.m. to 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 unusual noise, without a special permit from the Mayor and Council.
(p) 
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, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
(q) 
Sound trucks. The use of mechanical loudspeakers or amplifiers on trucks or other moving or standing vehicles for advertising or other commercial purposes; the use of sound trucks for noncommercial purposes during such hours or in such places or with such volume as would constitute such use a public nuisance.
(r) 
Automobile repair. The doing of any activity in the course of repairing or altering a motor vehicle or equipment thereof, in the nighttime, which creates any disturbing noise audible on the premises of another.
(s) 
Trash/sanitation services. The pickup, servicing, loading, dumping, unloading of any sanitation receptacle by a vehicle between the hours of 11:00 p.m. and 6:00 a.m. on weekdays and between the hours of 11:00 p.m. and 7:00 a.m. on Saturdays and Sundays.
[Ord. No. 10378, 1-5-2017]
A person commits the offense of unlawful assembly if he/she knowingly assembles with six 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.
[1]
State Law Reference: See RSMo. § 574.040.
[Ord. No. 10378, 1-5-2017]
A person commits the offense of rioting if he/she knowingly assembles with six 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.
[1]
State Law Reference: See RSMo. § 574.050.
[Ord. No. 10378, 1-5-2017]
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.
[1]
State Law Reference: See RSMo. § 574.060.
[Ord. No. 10378, 1-5-2017; Ord. No. 10735, 11-4-2021]
A. 
Definition. The following term shall be defined as follows:
PUBLIC PLACE
Any place 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 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;
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 knowingly fails or refuses to obey such orders shall be guilty of a violation of this section.
[Ord. No. 10378, 1-5-2017]
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]
State Law Reference: See RSMo. § 574.035.
[Ord. No. 10378, 1-5-2017]
A. 
A person commits the offense of unlawful funeral protest if he or she pickets or engages in other protest activities within 300 feet of any residence, cemetery, funeral home, church, synagogue or other establishment during or within one hour before or one 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.
[1]
State Law Reference: See RSMo. § 574.160.
[Ord. No. 10378, 1-5-2017]
Any person may engage in the sale of goods or products which is conducted outdoors or partially outdoors, such as garage sales, estate sales, moving sales and yard sales; provided, however, that no such sale shall last for more than two consecutive days and not more than two such sales may occur within a calendar year on the same premises. In addition, the following conditions shall be enforced:
1. 
Only items normally found in or around a home shall be sold.
2. 
No new merchandise or consignment merchandise may be brought in for sale.
3. 
Neighborhood sales or joint resident sales constitute only one sale.
4. 
No more than four directional signs, each not exceeding two feet by three feet, may be placed off of the property(s) where the sale is conducted.
5. 
One additional sign may be placed on the property where the sale is being conducted.
6. 
Signs may not be attached to utility poles or public signs.
7. 
Signs are allowed on private property only with the consent of the property owner.
8. 
Signs may be placed on City rights-of-way, provided it creates no traffic hazard as determined by the Kirkwood Police Department.
9. 
The Kirkwood Police Department may remove any sign that conflicts with this ordinance without authorization of the individual who placed the sign.
10. 
Signs must be removed by 4:00 p.m. on the last day of the sale.
[Sub. Bill 9008, § 1, 11-4-1999; Ord. No. 10378, 1-5-2017]
It shall be unlawful for any person to perform work or operate, or allow any person to perform work or operate a service station or garage in a residentially zoned district, except between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday and 9:00 a.m. to 1:00 p.m. Saturdays, except during the legal holidays of New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day when no work shall be performed. "Operate or perform work" shall be defined as the repair, altering, operating, towing, or moving of a motor vehicle or equipment on the premises of a service station or garage. This restriction shall not prohibit the quiet deposit of a vehicle on the service station or garage premises at any time.
[Ord. No. 9430, § 2, 10-7-2004; Ord. No. 10378, 1-5-2017]
(1) 
Definitions. For purpose of this section, the following words, terms, and phrases shall have the following meanings:
EMERGENCY
Any incident involving danger to life or property that calls for an emergency response dispatch of police, fire, EMS or other public safety organizations.
MISUSE THE 9-1-1 EMERGENCY TELEPHONE SERVICE
Calling "9-1-1" for nonemergency situations causing dispatchers, operators or equipment to be in use for such nonemergency situation.
(2) 
It shall be unlawful for any person to misuse the 9-1-1 emergency telephone service.
[Ord. No. 10378, 1-5-2017]
(a) 
It shall be unlawful for any person, except the City of Kirkwood, to sell or use any pyrotechnics, commonly known as "fireworks."
(b) 
This section does not prohibit a manufacturer, distributor or any other person from storing, selling, shipping or otherwise transporting fireworks, provided they possess the proper licensing as specified by state and federal law.
[Ord. No. 10736, 11-4-2021[1]]
A. 
In the interest of vehicular safety, public safety, and personal safety, no person shall stand in any street, highway, or roadway for any purpose.
B. 
In the interest of vehicular safety, public safety, and personal safety, no person shall sit or stand in or on any unpaved median or any median of less than six feet in width.
[1]
Editor's Note: This ordinance also repealed former § 17-82, Solicitations, adopted by Ord. No. 10666, 5-7-2020.