[Ord. 210.032, passed 7-2-2012; Penalty, see § 135.99]
Any person who, with intent to provoke a breach of the peace
or to cause violence to persons or property, commits any of the following
acts shall be deemed to have committed the offense of disorderly conduct:
(A)
Acts in a violent or tumultuous manner toward another, whereby any
person is placed in fear of safety of his or her life, limb or health;
(B)
Acts in a violent or tumultuous manner toward another, whereby property
of any person is placed in danger of being destroyed or damaged;
(C)
Endangers lawful pursuits of another by acts of violence, angry threats
and/or abusive conduct;
(D)
Causes, provokes or engages in any fight, brawl or riotous conduct
so as to endanger the life, limb, health or property of another;
(E)
Assembles or congregates with another or others for the purpose of
causing, provoking or engaging in any fight or brawl;
(F)
Jostles or roughly crowds or pushes any person in any public place;
(G)
Frequents any public place with intent to obtain money from another
by an illegal and fraudulent scheme, trick, artifice or device;
(H)
Assembles with another or others for the purpose of engaging in any
fraudulent scheme, device or trick to obtain any valuable thing in
any place or from any person in the City, or to aid or abet therein;
(I)
Uses "fighting words" directed towards another who becomes outraged
and thus creates turmoil;
(J)
Assembles or congregates with another or others for the purpose of
doing bodily harm to another;
(K)
Any person, by acts of violence, interferes with another's pursuit
of a lawful occupation;
(L)
Congregates with another or others in or on any public way so as
to halt the flow of vehicular or pedestrian traffic and refuses to
clear such public way when ordered by a peace officer or other lawful
authority;
(M)
Congregates with others on a public street and refuses to move on
when ordered by the police;
(N)
By his or her actions causes a crowd to collect, except when lawfully
addressing such crowd;
(O)
Stations himself or herself on the public streets or follows pedestrians
for the purpose of soliciting charity, or who solicits charity on
the public streets; or
(P)
Stands on sidewalks or street corners and makes insulting remarks
to or about passing pedestrians and/or motorists.
[Prior Code, § 219.150; Penalty, see § 135.99]
A person commits the offense of making a false bomb report if
he or she knowingly makes a false report or causes a false report
to be made to any person that a bomb or other explosive has been placed
in any public or private place or vehicle.
[Prior Code, § 218.010; Penalty, see § 135.99]
(A)
LOUD AND UNUSUAL NOISE
For the purpose of this section, the following definition shall apply
unless the context clearly indicates or requires a different meaning.
Includes but not be limited to any amplified sound or music
or any sound produced by machines, mechanical devices or metallic
or wooden objects which can be heard 50 feet from the boundary of
said property.
(B)
(C)
Loud and unusual noise as defined in division (A) above of this section
when made in any residential area or in any commercial zone adjacent
to a residential area between the hours of 10:00 p.m. and 8:00 a.m.
shall be prima facie evidence of peace disturbance.
[Prior Code, § 218.015; Ord. 0603, passed 1-10-2006; Penalty, see § 135.99]
(A)
No person within the City limits shall engage in any recreational
or commercial activity that includes the use of an All-Terrain Vehicle
("ATV") or other motorized vehicle spinning its wheels or tires on
mud, dirt or other unpaved surface, and no person shall allow any
other person to do so, whether or not such activity occurs on private
or public property.
(B)
Any dirt, rock, mud, or other debris that is caused to enter the
property of another by virtue of being propelled by the tires of an
ATV or other vehicle being operated off-road, constitutes a trespass.
(C)
Any adult who permits a child to participate in such activity is
guilty of endangerment of a child.
(D)
Any person who endangers the life or property of another while engaging
in such activity is guilty of operating a motor vehicle in a careless
and reckless manner.
(E)
Any person who causes damage to the property of another while engaging
in such activity is guilty of property damage.
(F)
Any person who causes loud and offensive noise, audible off his or
her premise, by engaging in such activity is guilty of peace disturbance.
(G)
Violation of each provision of this section is a separate ordinance
violation.
(H)
Any private property used for the conduct of such activity is declared
a nuisance to the health and safety of the public.
[Prior Code, § 218.020; Penalty, see § 135.99]
A person commits the crime of unlawful assembly if he or she
knowingly assembles with six or more other persons and agrees with
such persons to violate any of the ordinances of the City, criminal
laws of this state or of the United States with force or violence.
[Prior Code, § 218.030; Penalty, see § 135.99]
(A)
BUSINESS
COMMERCIAL ESTABLISHMENT
TRANSACTING BUSINESS
For the purpose of this section, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A place where service or items are offered for sale or orders
taken, which has parking facilities for vehicles. It shall be comprised
of the entire premises, including parking lots and areas for ingress
and egress.
Any building and the grounds used therewith or any tract
of land where services are offered to the public for a consideration
or things are sold or are offered for sale or orders taken for the
sale thereof to the public.
Engaging in a transaction with the proprietor, agents or
employees of the business, which transaction is normally incidental
to the business for which the public is invited and for which the
premises are licensed.
(B)
It shall be unlawful for persons to intentionally congregate upon
the grounds or within the buildings of a commercial establishment,
or upon public ways immediately adjacent thereto so as to block the
aisles, doorways or other passageways into, out of or through the
grounds or buildings of such commercial establishment. No persons
shall congregate in crowds of three or more outside vehicles on business
premises when such persons are not transacting business with the commercial
establishment on the premises.
(C)
No person, except the owner, tenant or other person in possession,
or their invitees, shall be upon any public or private parking lot,
nor upon any parking lot provided for the customers, business invitees
or employees of any commercial or industrial establishment at any
time any such public or private parking lot shall be closed to use
by the public or any such commercial or industrial lot shall be closed
to use by customers, business invitees and employees.
(D)
No patron or other person on a parking lot and areas for ingress or egress of a business, whether in or out of an automobile, shall drink from or possess any open bottle, can or other receptacle containing an alcoholic beverage. Alcoholic beverages shall include "intoxicating liquor" and "non-intoxicating beer" as defined in Chapter 111 of this code of ordinances.
(E)
No person shall stop, stand or park a motor vehicle in a street at
or near the entrance to or exit from a business, except in an authorized
parking space adjacent to the curb of such street, and in such manner
as not to interfere with other vehicles upon such street. It shall
be unlawful for any person to park a motor vehicle upon the grounds
or with any garage of any commercial establishment other than in the
designated parking areas. It shall be unlawful for any person to fail
or refuse to move a motor vehicle over which that person has control
when that vehicle shall be interfering with the movement of other
motor vehicles on the drives or other usual passageways upon the grounds
or within the garage of a commercial establishment.
(F)
Before division (B) above of this section may be enforced by the
City, a business shall post on the premises in conspicuous locations,
clearly visible signs, reasonably likely to come to the attention
of a person entering upon the premises, bearing the following statement:
"This lot for customers only. No congregating or lingering on this
lot."
[Prior Code, § 218.040; Penalty, see § 135.99]
A person commits the offense of rioting if he or she knowingly
assembles with six or more other persons and agrees with such persons
to violate any of the ordinances of the City or 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.
[Prior Code, § 218.050; Penalty, see § 135.99]
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 or 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.
[Prior Code, § 218.070; Ord. 0309, passed 5-5-2003; Penalty, see § 135.99]
(A)
It is unlawful for any person under the age of 21 years to have in
his or her possession any beer or other beverage containing more than
2.0% alcohol by volume.
(B)
It is unlawful for any person under the age of 21 years to attempt
to purchase beer or other beverage containing more than 2.0% alcohol
by volume.
(C)
It is unlawful for any person to deliver or supply beer or other
beverage containing more than 2.0% alcohol by volume to any person
who is under the age of 21 years.
[Prior Code, § 219.010; amended by Ord. 135.10.01,
passed 4-3-2017; Penalty, see § 135.99]
(A)
GUARDIAN
MINOR
PARENT
PARENTAL NEGLECT
For purposes of this section, the following words and phrases are
defined as follows:
Guardian appointed by court of competent jurisdiction.
Any person under the age of 17.
The natural or adoptive father or mother, legal guardian,
or any other person having the care or custody of a minor child.
Any act or omission by which a parent fails to exercise customary
and effective control over a minor so as to contribute to, cause,
or tend to cause a minor to commit any offense.
(B)
It shall be unlawful for any person under the age of 17 years to
be in or upon any public place or way within the City of Hawk Point
between the hours of 10:00 p.m. and 6:00 a.m., Sunday at 10:00 p.m.
to Friday at 6:00 a.m. (weeknights), and 12:00 midnight to 6:00 a.m.,
Friday at 12:00 midnight to Sunday at 6:00 a.m. (weekend nights).
The provisions of this section shall not apply to any such persons
accompanied by a parent, to any such person upon an errand or other
legitimate business directed by such person's parent, to any
such person who is engaged in gainful, lawful employment during such
time period, or who is returning or in route to said employment, or
to any such person who is attending or in route to or from any organized
religious or school activity.
(C)
Whenever a minor shall be detained or arrested for violation of this
section, the police shall, as soon as possible thereafter, deliver
written notice to the minor's parent of the detention or arrest,
and such notice shall advise the parent of his/her responsibility
under this section. The notice shall be in such a form as to be signed
by the parent acknowledging receipt thereof. If the parent refuses
to sign said notice, the police shall indicate such refusal on the
notice.
(D)
Said notice as described above shall be prima facie evidence of parental
neglect if the minor commits a second or successive violation of this
section.
(E)
A parent shall not allow a minor to violate this section; in the
event the parent does so after the notice as described above, the
parent shall be guilty of parental neglect.
(F)
Each violation of this section shall constitute a separate offense;
any person who violates this section shall be subject to the following
fines: Within a twelve-month period beginning with the first violation.
[Prior Code, § 219.020; Penalty, see § 135.99]
It shall be unlawful for a person to discharge firearms of any
kind, including BB guns or air rifles, within the City limits, excepting
therefrom a licensed firing range.
[Prior Code, § 219.030; amended by Ord. 135.12.01,
passed 10-2-2017; Penalty, see § 135.99]
(A)
Except as provided for herein, it shall be unlawful within the City
of Hawk Point for any person, firm or corporation to sell, offer for
sale, use, discharge or explode any fireworks, as defined by Section
320.106, RSMo.
(B)
Firework usage. The use, discharge, or exploding of any fireworks,
as defined by Section 320.106, RSMo., shall be allowed within the
boundaries of the City only between the hours of 5:00 p.m. and 10:00
p.m. on July 4 of each calendar year. The Mayor may prohibit the use
of fireworks at any time when the City is under a state of emergency,
as declared by an authorized official, or when drought conditions
may cause the use of fireworks to be unsafe.
[Prior Code, § 219.270; Penalty, see § 135.99]
(A)
A person commits the offense of abandonment of airtight containers
if he or she abandons, discards or knowingly permits to remain on
premises under his or her control, in a place accessible to children,
any abandoned or discarded icebox, refrigerator, or other airtight
or semi airtight container which has a capacity of one and one-half
cubic feet or more and an opening of 50 square inches or more and
which has a door or lid equipped with hinge, latch or other fastening
device capable of securing such door or lid, without rendering such
equipment harmless to human life by removing such hinges, latches
or other hardware which may cause a person to be confined therein.
(B)
Division (A) above of this section does not apply to an icebox, refrigerator
or other airtight or semi-airtight container located in that part
of a building occupied by a dealer, warehouseman or repairman.
(C)
The defendant shall have the burden of injecting the issue under
division (B) above of this section.
[Prior Code, § 219.050; Penalty, see § 135.99]
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 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.
Whoever violates any provision of this chapter for which no
specific penalty is otherwise provided, shall be subject to the provisions
of § 10.99.
