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.
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.
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 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:
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 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:
OTHER PROTEST ACTIVITIES
Any action that is disruptive or undertaken to disrupt or disturb a funeral or burial service.
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.
C. 
The offense of unlawful funeral protest shall be an ordinance violation.
A person who harasses, annoys, threatens, curses at, abuses, mocks or intentionally jostles any patron of any commercial establishment within the buildings or upon the grounds thereof shall be guilty of an ordinance violation, except that this Section shall not apply to a Law Enforcement Officer performing his or her duty or to an employee of such a commercial establishment.
Any person who shall willfully obstruct the entrance to any business building by sitting or standing in or about and there remain loafing and spending his/her time in idleness shall be deemed guilty of an ordinance violation.
A person commits the offense of affray if he or she together with one (1) or more persons shall, in any public place in the City, voluntarily or by agreement engage in any fight or use any blows or violence toward the other or others in any angry or quarrelsome manner, or do each other any willful mischief, or to assault or strike another in any public place in the City to the terror or disturbance of others.
A. 
Any person found possessing any open container holding intoxicating liquor or beer or any other intoxicant in, about or upon any street, alley or other public way, or public gathering or assembly, or City park except: (1) in accordance with the provisions of Sections 210.780(B) and 210.780(C) of this Code for downtown civic festivals, (2) in accordance with Chapter 230, Article III of this Code, or (3) in or around any store, shop, business or commercial establishment or on the private property or place without lawful permission of the property owner, shall be guilty of an ordinance violation.
B. 
A person may possess, consume and sell intoxicating liquor or beer in, about or upon any street, alley or other public way located in the downtown area of the City only in accordance with the provisions of a downtown civic festival permit granted pursuant to Section 210.780(C) of this Code and only within the time period, capacity limits and boundary designated in the downtown civic festival permit.
C. 
1. 
A “downtown civic festival” means any picnic, fair, festival, carnival, or other event to which the general public is invited, for which: (1) a downtown civic festival permit has been issued for use of the public streets, alleys and other public ways in the downtown area of the City, (2) a liquor license has been issued in accordance with Chapter 600, Article III of this Code, and (3) street closing has been authorized in accordance with Section 510.100(B) of Chapter 510, Article I of this Code.
2. 
A downtown civic festival permit shall be issued for a downtown civic festival upon approval by a majority vote of the City Council. Applications for downtown civic festivals shall be provided by the City Clerk.
3. 
No intoxicating liquor or beer may be brought in, possessed or consumed by persons during a downtown civic festival except pursuant to sale by a licensee with a valid liquor license issued in accordance with Chapter 600, Article III of this Code for a downtown civic festival permit.
It shall be unlawful for any person, male or female, to urinate or defecate in a place where a reasonable person would expect to be viewed by the public.
[Ord. No. 4332 § I, 11-10-2016]
A. 
Definitions. For the purpose of this Section, the following terms, phrases, words, and their derivations shall have the meaning given herein. Where not inconsistent with the text, words used in the present tense include the past tense, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
ALARM BUSINESS
The business by any individual, partnership, corporation, governmental unit or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, monitoring, or installing any alarm system, or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved, monitored or installed any alarm system in or on any building, structure or facility.
ALARM SYSTEM
An assembly of equipment and devices, or a single device, such as a solid state unit, which may operate from a power source, arranged to signal the presence of a hazard requiring urgent attention and to which police or fire personnel are expected to respond. Also known as a police alarm device or fire alarm device.
ALARM USER
Any person, firm or corporation who is lawfully in possession of any property or premises on which an operating alarm system is located.
ANSWERING SERVICE
A telephone answering business providing among its services the service of receiving on a continuous basis through trained employees, emergency signals from alarm systems, and thereafter immediately relaying the message by live voice to the communication center of the City Police Department.
AUTOMATIC DIAL PROTECTION DEVICE
An electrically operated instrument composed of sensory apparatus and related hardware which automatically sends over regular telephone lines a prerecorded voice alarm upon receipt of a stimulus from the sensory apparatus that has detected a force or condition characteristic of an unauthorized intrusion, or any emergency message indicating a need for emergency response.
CENTRAL ALARM STATION
Any facility which is manned at all times by trained operators employed to receive, record, and validate alarm signals and to relay information about validated signals to the police radio dispatch room when appropriate.
CITY
The City of Festus, Missouri.
DIRECT ALARM DEVICE
Any alarm device or system which transmits by whatever means, its alarm signal from the location of the alarm to the police radio dispatch room or other police dispatch facility without the last step in the transmission process being a live voice capable of two-way communication. This definition includes automatic dial protection devices connected to emergency line 911 or other telephone numbers.
FALSE ALARM
Any alarm signal originating from an alarm system, police alarm device, fire alarm device, direct alarm device or audible alarm device to which police or fire department respond and which results from:
1. 
False activation, including, but not limited to, reporting a crime, fire or other emergency where no actual or attempted crime, fire or other emergency has occurred, or reporting an alarm where there is no evidence to substantiate a crime, fire or other emergency;
2. 
Alarm malfunction, including mechanical failure or electrical failure; or
3. 
Alarm triggered by subscriber's or subscriber's employee negligence, including overly sensitive settings.
An alarm will not be considered a false alarm if it is determined that the alarm was caused by:
1.
Natural or manmade catastrophe, or an act of God. Such events include tornadoes, floods, earthquakes or other similarly violent conditions;
2.
Vandalism causing physical damage to the premises;
3.
Telephone line malfunction verified, in writing, to the City Chief of Police by an authorized telephone company representative within seven (7) days of the occurrence;
4.
Electrical service interruption verified, in writing, to the City Chief of Police by an authorized electric utility representative within seven (7) days of the occurrence;
5.
An attempted entry of a location that causes visible, physical, or other evidence of damage to the location;
6.
Severe weather causing physical damage to the premises; or
7.
The test of a local alarm system by a licensed alarm business agent or employee who is present at the premises and is servicing, repairing, or installing the alarm, when such testing does not result in the alarm being activated for an uninterrupted period exceeding sixty (60) seconds, and when the City Police Department or City Fire Department, whichever department is appropriate, has been notified prior to the test.
LOCAL ALARM SYSTEM
Any alarm device which produces an audible signal at the premises where it is installed, whether by means of bells, horns, sirens, or other mechanism thereby notifying persons within audible range of the signal that police or fire should be notified. Such alarm device may also produce a visual signal intended to be seen by others outside of the protected premises indicating that police or fire should be notified. A local alarm system is also an alarm system.
NOTICE
Written notice, given by personal service upon the address, or given by United States mail, postage prepaid, addressed to the person to be notified at his or her last known address. Service of such notice shall be effective upon completion of personal service, or upon placing the same in the custody of the United States Postal service.
PROPRIETARY SYSTEM
An alarm system sounding and/or recording and supervisor signals to a control center being under the supervision of the proprietor of the premises. If a proprietary system includes a signal line connected directly or by means of an automatic dial protection device to a police communications system, a central alarm station or answering service, it thereby becomes an alarm system as defined in this Section.
B. 
Local Alarm System And Alarm System — Length Of Alarm.
1. 
Local alarm systems located within an area zoned residential or within five hundred (500) feet of an area zoned residential shall automatically discontinue emitting an audible sound within fifteen (15) minutes of activation.
2. 
An alarm system which emits an intermittent signal shall discontinue emitting an audible sound within fifteen (15) minutes of activation.
3. 
Local alarm systems located within an area not zoned residential, and not within five hundred (500) feet of an area zoned residential shall automatically discontinue emitting an audible sound within thirty (30) minutes of activation.
C. 
Local Alarm System And Alarm System — Nuisance.
1. 
A local alarm system regulated by Subsection (B)(1) of this Section which fails to discontinue emitting an audible sound within fifteen (15) minutes of activation is declared to be a nuisance.
2. 
An alarm system regulated by Subsection (B)(2) of this Section which fails to discontinue emitting an audible sound within fifteen (15) minutes of activation is declared to be a nuisance.
3. 
A local alarm system regulated by Subsection (B)(3) of this Section which fails to discontinue emitting an audible sound within thirty (30) minutes of activation is declared to be a nuisance.
4. 
City employees are authorized to take necessary and reasonable steps to abate the nuisance declared by this Subsection. These steps shall be limited to the exterior or other structures.
5. 
A notice shall be sent to the alarm user within a reasonable time following abatement of the nuisance.
6. 
When working on an alarm system covered by this Section, the City Police Department dispatch office shall be notified.
7. 
This Section is remedial, not punitive.
D. 
Review Of False Alarm Determination.
1. 
The Police Department or Fire Department shall make a determination as to whether an alarm activation was a false alarm, as defined in Subsection (A) of this Section. An alarm user shall be notified, in writing, of each false alarm determination.
E. 
Violations/Appeals.
1. 
It shall be unlawful for any alarm user residing in the City of Festus to permit or allow the transmission of a false alarm, and a resident of the City who is an alarm user shall be subject to the penalties in Subdivision (3) of this Subsection. It shall be unlawful for any business, firm or corporation which is an alarm user located in the City of Festus to permit or allow the transmission of a false alarm, and such business, firm or corporation in the City shall be subject to the penalties in Subdivision (2) of this Subsection. It shall be unlawful for any alarm user to install or use an automatic dial protection device, in conjunction with said alarm, which is programmed to dial the "911" telephone number of the Department of Police for the City of Festus, Missouri. It shall be unlawful to access the number "911" for the purpose of making a false alarm or complaint or reporting false information which could result in the emergency response of any public agency.
2. 
Alarm Users In Commercial/Areas Not Zoned Residential:
a. 
First False Alarm: The Chief of Police or the Fire Chief shall send a warning letter to the business, firm, or corporation for the first false alarm in any calendar month.
b. 
Second False Alarm: A business, firm, or corporation pleading or found guilty of having two (2) false alarms in any calendar month shall be punished by a fine of up to fifty dollars ($50.00), plus court costs.
c. 
Third False Alarm: A business, firm, or corporation pleading or found guilty of having a third or subsequent false alarm in any calendar month shall be punished by a fine of up to one hundred dollars ($100.00), plus court costs.
d. 
In any prosecution for violation of this Subdivision (2) of this Subsection (E), the Prosecuting Attorney shall be required to submit evidence regarding the dates on which prior false alarm notices have been sent to the business, firm, or corporation, and whether a response to such notice was received. The Municipal Judge is authorized to include false alarm violations in a violation bureau consistent with Missouri Supreme Court Rules.
3. 
Alarm Users — Residential:
a. 
First False Alarm: The Chief of Police or the Fire Chief shall send a warning letter to the alarm user for the first false alarm in any calendar month.
b. 
Second False Alarm: The Chief of Police or the Fire Chief shall send a warning letter to the alarm user for the second false alarm in any calendar month.
c. 
Third False Alarm: The Chief of Police or the Fire Chief shall send a warning letter to the alarm user for the third false alarm in any calendar month.
d. 
Fourth False Alarm: An alarm user found guilty of having a fourth false alarm in any calendar month shall be punished by a fine of up to fifty dollars ($50.00), plus court costs.
e. 
Fifth False Alarm: An alarm user found guilty of having a fifth or subsequent false alarm in any calendar month shall be punished by a fine of up to one hundred dollars ($100.00), plus court costs.
f. 
In any prosecution for violation of Subdivision (3) of this Subsection (E), the Prosecuting Attorney shall be required to submit competent evidence regarding the dates on which prior false alarm notices have been sent to the alarm user, and whether a response to such notice was received. The Municipal Judge is authorized to include false alarm violations in a violation bureau consistent with Missouri Supreme Court Rules.
4. 
Each violation of any provision of this Section shall constitute a separate violation.
5. 
When the alarm business has caused an alarm activation through mechanical failure, malfunction, improper installation, improper adjustment, negligence of a person, or an alarm signal transmitted in the absence of an alarm condition, except when initiated by an act of God, the alarm business is guilty of a violation of this Section. The alarm business shall be punished by a fine of up to one hundred dollars ($100.00) plus court costs for each violation.