[R.O. 1997 § 210.220; Ord. No. 2170 § 1, 4-25-2016[1]]
A.
AIR GUN
ARCHERY DEVICE
BLACKJACK
CROSSBOW
FIREARM
INTOXICATED
KNIFE
PROJECTILE WEAPON
SHOTGUN
Definitions. As used in this Article; the
following terms shall have these prescribed meanings:
[Ord. No. 2349, 3-26-2018]
Any device designed to fire or discharge a projectile using
compressed air or gas, including pneumatic guns, pellet guns, or paintball
guns. Air guns in excess of twenty-two (0.22) caliber shall be considered
firearms for the purpose of this Article.
Any long bow or compound bow.
Any instrument that is designed or adapted for the purpose
of stunning or inflicting physical injury by striking a person, and
which is readily capable of lethal use.
Any device designed to discharge a bolt, formed as a bow
set crosswise on a stock, usually drawn by means of a mechanism and
discharged by release of a trigger.
Any weapon that is designed or adapted to expel a projectile
by the action of an explosive.
Substantially impaired mental or physical capacity resulting
from introduction of any substance into the body.
Any dagger, dirk, stiletto, or bladed hand instrument that
is readily capable of lethal use by cutting or stabbing a person.
For purposes of this Chapter, "knife" does not include any ordinary
pocketknife with no blade more than four (4) inches in length.
Any air gun, archery device, bow, crossbow, pellet gun, slingshot
or other weapon that is not a firearm, which is capable of expelling
a projectile that could inflict serious physical injury or death by
striking or piercing a person.
Any firearm designed or adapted to be fired from the shoulder
and to use the energy of the explosive in a fixed shotgun shell to
fire a number of shot or a single projectile through a smooth bore
barrel by a single function of the trigger.
B.
(Reserved)
C.
Hunting Regulations.
1.
All current laws of the State of
Missouri as regards the regulation of hunting shall be obeyed within
the corporate limits of Wildwood.
2.
All provisions of Section 210.225 shall apply to hunting within the corporate limits of Wildwood.
3.
Hunting Of Smaller Game. It shall
be unlawful to use any firearm other than a shotgun to take small
game such as rabbits or squirrels or to take game such as water fowl
or upland game birds.
4.
Hunter Safety Course Requited. All
persons required to have taken a hunter safety course as prescribed
by Missouri State law shall also be required to have such certificate
of completion from the Missouri Department of Conservation in order
to hunt within the corporate limits of Wildwood.
5.
License May Be Inspected. It is the
duty of every person holding a hunting license and permit to submit
the same for inspection by any agent of the Missouri Department of
Conservation, Department of Natural Resources, St. Louis County Parks
Department or any Police Officer or Marshal thereof.
6.
Regulations As To Location Of Hunting.
a.
It shall be unlawful for any person
to hunt by firing or discharging any firearm, air gun, archery device
or crossbow from or across any street; sidewalk, road, highway, park,
playground or recreation area.
b.
It shall be unlawful for any person
to hunt by firing or discharging any firearm or air gun expelling
a single solid projectile from any boat or other water vessel or across
or into the Missouri or Meramec Rivers or any lake or reservoir.
c.
It shall be unlawful for any person
to knowingly hunt upon the premises or property of another without
first having obtained the written permission from the owner, lessee
or person in charge of such premises or property. The duly obtained
written permission shall be carried in the personal possession of
the person requesting and receiving such permission. This Subsection
shall not apply to a person carrying, firing or discharging any firearm,
air gun, archery device or crossbow while in the immediate presence
of the owner, lessee or person in charge of the property or premises,
or to the entry upon the premises for the sole purpose of obtaining
written permission of the owner, lessee or person in charge of the
property. This Subsection shall also not apply to a person with the
sole purpose of carrying a concealed firearm and who is otherwise
in compliance with Chapter 571, RSMo., regarding concealed carry endorsements.
d.
It shall be at the discretion of
the owner, lessee or person in charge of any premises or property
to set the specific boundaries where a person may hunt using a firearm,
air gun, archery device or crossbow. The specific boundaries must
be otherwise in compliance with the provisions of this Section.
e.
It shall be unlawful to hunt by firing
or discharging any firearm within four hundred fifty (450) feet of
any dwelling, house, apartment, building, church, school, playground,
recreational area or any building not owned by the person discharging
the firearm, unless the person has written permission of the owner,
lessee or person in charge of such premises or property; it shall
be unlawful to hunt by firing or discharging an archery device within
two hundred (200) feet of any dwelling, house, apartment building,
church, school, playground, recreational area or any building not
owned by the person discharging the archery device, unless the person
has written permission of the owner, lessee or person in charge of
such premises or property.
f.
It shall be unlawful to hunt by firing
or discharging any firearm or archery device on any parcel of land
containing less than three (3) acres.
g.
It shall be unlawful to hunt by firing
or discharging a firearm other than a shotgun, muzzleloader, air gun
or crossbow on any property in the City east of Missouri State Route
109.
7.
Special Hunts. Any special hunts
permitted by the Missouri Department of Conservation or Department
of Natural Resources or the St. Louis County Parks Department shall
be permitted under this Section after obtaining approval of the City
Council of the City of Wildwood.
D.
Penalties. Any person violating any provision
of this Section shall, upon conviction, be punished by a fine of not
less than one hundred dollars ($100.00) nor more than one thousand
dollars ($1,000.00) or by imprisonment for not more than ninety (90)
days, or both, for each offense.
[1]
Editor's Note: This ordinance also repealed
former Art. VI, Hunting and Firearms Regulations, adopted 9-1-1995
by Ord. Nos. 89 and 109, as amended.
[R.O. 1997 § 210.225; Ord. No. 2170 § 1, 4-25-2016; Ord. No. 2349, 3-26-2018]
A.
Specific Acts — Prohibited. Except
as otherwise provided by Sections 571.101 to 571.121, RSMo., or Section
252.243, RSMo., it shall be unlawful for any person to knowingly:
1.
Carry concealed upon or about his
or her person a knife, a firearm, a blackjack or any other weapon
readily capable of lethal use into any area where firearms are restricted
under Section 571.107, RSMo.; or
2.
(Reserved)
3.
Discharge or shoot a firearm, air
gun, archery device or crossbow on any parcel of property containing
less than three (3) acres; or
4.
Discharge or shoot a firearm, air
gun, archery device or crossbow 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
5.
(Reserved)
6.
Have a firearm or projectile weapon
readily capable of lethal use on his or her person, while he or she
is intoxicated, and handle or otherwise use such firearm or projectile
weapon in either a negligent or unlawful manner or discharge such
firearm or projectile weapon unless acting in self-defense; or
7.
Discharge a firearm, air gun, archery
device or crossbow within one hundred (100) yards of any occupied
schoolhouse, courthouse, or church building; or
8.
Discharge or shoot a firearm or air
gun within four hundred fifty (450) feet of any dwelling house, apartment,
building, church, school, playground, recreational area or any building
not owned by the person discharging or shooting the air gun, unless
the person has written permission of the owner, lessee or person in
charge of such premises or property; or
9.
Discharge or shoot an archery device
or crossbow within two hundred (200) feet of any dwelling house, apartment
building, church, school, playground, recreational area or any building
not owned by the person discharging or shooting the archery device
or crossbow, unless the person has written permission of the owner,
lessee or person in charge of such premises or property; or
10.
Discharge or shoot a firearm or projectile
weapon at a mark, at any object, or at random, on, along or across
a public highway or discharge or shoot a firearm or projectile weapon
into any outbuilding; or
11.
Carry a firearm, projectile weapon,
blackjack 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
12.
Discharge or shoot a projectile weapon
at or from a motor vehicle, as defined in Section 301.010, RSMo.,
discharge or shoot a projectile weapon 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
13.
Carry a firearm, whether loaded or
unloaded, air gun, archery device, blackjack, crossbow 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.
Further Limitations.
1.
The carrying of firearms in City
buildings shall be further limited as follows:
a.
No person who has been issued a concealed
carry endorsement by the State of Missouri 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;
b.
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; and
c.
This Subsection 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.
2.
Any person issued a concealed carry
permit pursuant to Sections 571.101 to 571.121, RSMo., or a concealed
carry endorsement issued prior to August 28, 2013, shall carry the
concealed carry permit or endorsement at all times the person is carrying
a concealed firearm and shall display the concealed carry permit and
a State or Federal government-issued photo identification or the endorsement
or permit upon the request of any Peace Officer. Failure to comply
with this Subsection shall not be a criminal offense but the concealed
carry permit or endorsement holder may be issued a citation for an
amount not to exceed thirty-five dollars ($35.00).
C.
Exceptions.
1.
Subsection (A)(1), (11) and (13) and Subsection (B)(1)(a) shall not apply to persons described in this Subsection, regardless of whether such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties except as otherwise provided in this Subsection. Subsection (A)(3), (4), (5), (7), (8), (9), (10) and (12) shall not apply to or affect any of the following persons, when such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties, except as otherwise provided in this Subsection:
a.
All State, County and municipal Peace
Officers who have completed the training required by the Police Officer
Standards and Training Commission pursuant to Sections 590.030 to
590.050, RSMo., and 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 Peace Officers
are within or outside of the law enforcement agency's jurisdiction
or on- or off-duty, or all qualified retired Peace Officers, as defined
in Subsection 12 of Section 571.030, RSMo., and who carry identification
defined in Subsection 13 of Section 571.030, RSMo., or any person
summoned by such Peace Officers to assist in making arrests or preserving
the peace while actually engaged in assisting such Peace Officer;
b.
The discharge of firearms, air guns,
archery devices or crossbows where necessary to protect life, livestock,
crops or other property; the discharge of blank cartridges in theater
performances or sporting events; and the firing of salutes by firing
squads at military ceremonies;
c.
Wardens, superintendents and keepers
of prisons, penitentiaries, jails and other institutions for the detention
of persons accused or convicted of a crime;
d.
Members of the armed forces or national
guard while performing their official duty;
e.
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;
f.
Any person whose bona fide duty is
to execute process, civil or criminal;
g.
Any Federal probation officer or
Federal flight deck officer as defined under the Federal flight deck
officer program, 49 U.S.C. § 44921, regardless of whether
such officers are on-duty, or within the law enforcement agency's
jurisdiction;
h.
Any State probation or parole officers,
including supervisors and members of the Board of Probation and Parole;
i.
Any corporate security advisor meeting
the definition and fulfilling the requirements of the regulations
established by the Department of Public Safety under Section 590.750,
RSMo.;
j.
Any coroner, deputy coroner, medical
examiner or assistant medical examiner;
k.
Any municipal or County prosecuting
attorney or assistant prosecuting attorney; circuit attorney or assistant
circuit attorney; municipal, associate, or circuit judge; or any person
appointed by a court to be a special prosecutor who has completed
the firearms safety training course required under Subsection 2 of
Section 571.111, RSMo.;
l.
Any member of a Fire Department or
Fire Protection District who is employed on a full-time basis as a
fire investigator and who has a valid concealed carry endorsement
prior to August 28, 2013, or a valid concealed carry permit under
Section 571.111, RSMo., when such uses are reasonably associated with
or are necessary to the fulfillment of such person's official duties;
and
m.
Upon the written approval of the
governing body of a Fire Department or Fire Protection District, any
paid Fire Department or Fire Protection District member who is employed
on a full-time basis and who has a valid concealed carry endorsement
issued prior to August 28, 2013, or a valid concealed carry permit,
when such uses are reasonably associated with or are necessary to
the fulfillment of such person's official duties.
2.
Subsection (A)(1), (6), (11) and (13) does 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. Subsection (A)(1) does not apply to any person nineteen (19) years of age or older or eighteen (18) years of age or older and a member of the United States Armed Forces, or honorably discharged from the United States Armed Forces, 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. Subsection (A)(13) 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 or club event.
3.
Subsection (A)(1), (11) and (13) shall not apply to any person who has a valid concealed carry permit issued pursuant to Sections 571.101 to 571.121, RSMo., a valid concealed carry endorsement issued before August 28, 2013, or a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State. Notwithstanding the foregoing, no concealed carry permit issued pursuant to Sections 571.101 to 571.121, RSMo., valid concealed carry endorsement issued prior to August 28, 2013, or a concealed carry endorsement or permit issued by another State or political subdivision of another State shall authorize any person to carry concealed firearms into those places identified in Subsection (A)(1), (11) or (13), and may subject a person to denial to the premises, removal from the premises and the penalties more particularly set forth in Subsection (D)(1)(a) of this Section.
5.
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
or club-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.
D.
Penalties.
1.
Notwithstanding any provision of Section 100.140 of this Code to the contrary:
a.
Carrying of a concealed firearm in a location specified in Subsection (A)(1) of this Section by any individual who holds a concealed carry permit issued pursuant to Sections 571.101 to 571.121, RSMo., or a concealed carry endorsement issued prior to August 28, 2013, shall not be a criminal act but may subject the person to denial to the premises or removal from the premises. If such person refuses to leave the premises and a Peace Officer is summoned, such person may be issued a citation for an amount not to exceed one hundred dollars ($100.00) for the first offense. If a second citation for a similar violation occurs within a six-month period, such person shall be fined an amount not to exceed two hundred dollars ($200.00). If a third citation for a similar violation is issued within one (1) year of the first citation, such person shall be fined an amount not to exceed five hundred dollars ($500.00).
