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.
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.
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.
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:
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.
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.
[CC 1985 § 18-84; Ord. No. 5901, § 2, 8-15-1983]
A.
It shall be unlawful for any person to be guilty of disorderly conduct
or of any conduct tending toward a breach of the peace. The causing
or making of any unnecessary loud noise or shouting or yelling shall
be considered disorderly conduct.
B.
It shall be unlawful for any person to engage in any violent, tumultuous,
offensive or disorderly conduct; by threatening, traducing, quarreling,
challenging to fight or fighting; or by using obscene, offensive,
profane or unseemly language to the annoyance, disturbance or vexation
of another.
[CC 1985 § 18-105; Ord. No. 7103, § 1, 3-16-1998; Ord. No. 8446, 10-1-2018]
A.
The creation of any unreasonably loud, disturbing, excessive or unnecessary
noise in the City is prohibited and unlawful.
B.
The following acts, among others, are declared to be loud, disturbing,
and unnecessary noises in violation of this Section, but this enumeration
shall not be deemed to be exclusive:
1.
Vehicle Horns. The sounding of any horn or signal device on
any streetcar, motorbus, motorcycle, automobile or other vehicle while
not in motion on a public street or highway, except as a danger signal
if another vehicle is approaching apparently out of control; or, if
in motion, the excessive or prolonged sounding except only as a danger
signal, after or as brakes are being applied and deceleration of the
vehicle is intended; the creation by means of any such signal device
of any unreasonably loud or harsh sound, and the sounding of such
device for an unnecessary or unreasonable period of time.
2.
Radios.
a.
It shall be unlawful for any individual to play any radio, television,
or any device made to play cassettes, records, compact disc, audio
and/or videotapes, loudspeaker or any similar device so that it emits
a sound that can be heard one hundred (100) feet or more from the
device. This includes any of the aforementioned devices that are mounted
in motor vehicles, boats, trucks, bicycles, carried on one's
person or placed in a building, to include private residences, apartments,
places of business and similar structures.
b.
A police officer may issue a uniform traffic ticket or municipal summons to the individual responsible for any such device emitting sound in violation of Subsection (B)(2)(a) of this section, including the driver of a motor vehicle, or the first registered owner of the vehicle, the owner of record or a resident of a residence, or apartment, the proprietor of a business or the person who is in physical control of any such device.
c.
In the event that any such device is located in a motor vehicle,
boat, bicycle, ATV, or other means of conveyance and the owner or
operator cannot be located, or denies ownership, a police officer
may tow the motor vehicle, boat, bicycle, ATV, or other means of conveyance
at the owner's expense.
3.
Animals, Fowl. The keeping of any animal, bird or fowl which,
by causing frequent or long continued noise, shall endanger or injure
the safety or health of humans or animals, annoy or disturb a reasonable
person of normal sensitivities, or endanger or injure personal or
real property, all outside the dwelling unit or real property boundaries
surrounding the source of the noise; provided, that any such noise
that can be distinctly heard at a distance of more than one hundred
(100) feet from its source shall be deemed excessive.
4.
Vehicular Noise Generally. The use of any automobile, motorcycle,
streetcar or vehicle so out of repair, so loaded, or in such manner
as to create loud and unnecessary grating, grinding, rattling or other
noise.
5.
Exhausts. The discharge into the open air of the blow down of
any steam engine or of the exhaust of any stationary internal combustion
engine, or motor vehicle, or of the escape valve from the unloader
of any air compressor except through a muffler or other device which
will effectively prevent loud or explosive noises therefrom.
6.
Drums, Loudspeakers, Calling. The use of any drum, loudspeaker
or other instrument or device, unless a permit is obtained therefor,
which permit shall specify the place where such device is to be used
and the hours thereof; or the unnecessary calling with the voice for
the purpose of attracting attention by the creation of noise or for
advertising purposes between the hours of 9:30 P.M. and 8:00 A.M.
C.
Permits Authorized. Any individual, business, or organization may
apply for a permit that will allow for an outside event where noise
generated may otherwise be in violation of this Section. The City
Administrator or his designee in his discretion may issue such permit.
Such permit shall identify the applicant and duration of the event.
No fee shall be charged for any such permit.
D.
Exceptions. This Section shall not apply to: (1) licensed carnivals;
(2) religious services; (3) rodeos; (4) noise emitted by machinery
during its normal operation; (5) emergency vehicles or noise emitted
under similar circumstances; (6) municipal events, including but not
limited municipal band performances; (7) school activities, including
but not limited to sporting events and school band performances; and
(8) activities associated with business or commercial locations in
an appropriately zoned district where the activities are inside the
structure.
[CC 1985 § 18-106; Ord. No. 7103, § 1, 3-16-1998]
A.
Powers Of Arrest Or Citation. Any authorized police officer shall issue a citation for any violation under Section 210.760, except they may arrest for instances when:
B.
Citation.
1.
There shall be provided for use by authorized police officers a form of citation for use in citing violators of Section 210.760 which does not mandate physical arrest of such violators. The form and content of such citation shall be adopted or prescribed by the presiding judge of the Municipal Court and shall be printed on a form commensurate with the form of other citations used in modern methods of arrest, so designed to include all necessary information to make the same valid within the laws and regulations of the State of Missouri and the City of Marshall.
2.
In every case when a citation is issued, a copy of the same
shall be given to the violator.
