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City of Duquesne, MO
Jasper County
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Table of Contents
Table of Contents
Code
New Laws (10) Index
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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. 2004 § 210.221; Ord. No. 79 § 1, 2-12-2007; Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
A. 
Prohibited Acts. It shall be unlawful for any person in the City to enter into any schoolhouse or church house in which there is an assemblage of people met for lawful purposes or any courthouse or City Hall in a drunken or intoxicated and disorderly condition or to drink or offer to drink any intoxicating liquors in the presence of such assemblage of people or in any courthouse or City Hall within the City and any person so doing shall be guilty of an ordinance violation.
B. 
Restrictions On Arrest And Punishment.
1. 
The City shall not adopt or enforce a law, rule or ordinance which authorizes the arrest or punishment for public intoxication or being a common or habitual drunkard or alcoholic. The City shall not interpret any law or ordinance to circumvent the provisions of this Section.
2. 
Nothing in Subsection (B)(1) of this Section shall be construed to affect any law, rule or ordinance against drunken driving, driving under the influence of alcohol or other similar offense involving the operation of a motor vehicle, aircraft, boat, machinery, firearms or other equipment or regarding the sale, purchase, dispensing, possession or use of alcoholic beverages at stated times and places or by a particular class of persons, nor shall Subsection (B)(1) of this Section prevent the apprehension, arrest, incarceration and prosecution of any person who commits any other crime while intoxicated or under the influence of alcohol.
C. 
Detention Of Intoxicated Persons.
1. 
A person who appears to be incapacitated or intoxicated may be taken by a Police Officer to the person's residence, to any available treatment service or to any appropriate local facility which may be necessary, including a jail, for custody not to exceed twelve (12) hours.
2. 
Any officer detaining such person shall be immune from prosecution for false arrest and shall not be responsible in damages for taking action pursuant to Subsection (C)(1) of this Section if the officer has reasonable grounds to believe that the person is incapacitated or intoxicated by alcohol and does not use unreasonable, excessive force to detain such person.
3. 
Such immunity from prosecution includes the taking of reasonable action to protect himself from harm by the intoxicated or incapacitated person.