[Ord. No. 10378, 1-5-2017]
As used in this article, the following terms mean:
Any place which at the time of the offense is not open to
the public. It includes property which is owned publicly or privately.
Any property in which the person does not have a possessory
interest.
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.
[1]
State Law Reference: See RSMo. § 574.010.
[Ord. No. 10378, 1-5-2017]
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.
PUBLIC PLACE
Definition. The following term shall be defined as follows:
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.
FUNERAL AND BURIAL SERVICE
OTHER PROTEST ACTIVITIES
Definitions. As used in this section, the following terms mean:
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.
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)
EMERGENCY
MISUSE THE 9-1-1 EMERGENCY TELEPHONE SERVICE
Definitions. For purpose of this section, the following words, terms,
and phrases shall have the following meanings:
Any incident involving danger to life or property that calls
for an emergency response dispatch of police, fire, EMS or other public
safety organizations.
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. 10589, 5-2-2019]
No person shall knowingly fail or refuse to comply with any
lawful order or direction of a Police Officer or Fire Department official.
[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.
