HomeMy WebLinkAboutOrd.4922.12-05-16 BILL NO. 16-209 ORDINANCE NO. 1/92:0?
AN ORDINANCE AMENDING VARIOUS PROVISIONS OF
THE CODE OF ORDINANCES OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, REGARDING MUNICIPAL
COURT, MUNICIPAL OFFENSES, AND SENTENCING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . Section 5-12 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows :
Sec. 5-12 . - Prohibited acts committed by and
involving minors; exemptions .
(a) Misrepresentation of age by minor. No person
between the age of seventeen (17) years and twenty-one
(21) years shall represent that he or she has attained
the age of twenty-one (21) years for the purpose of
entering into an establishment that sells or supplies
intoxicating liquor, or purchasing, asking for or in
any manner receiving any intoxicating liquor.
(b) Purchase or possession 'of intoxicating liquor. Any
person under the age of twenty-one (21) years, who
purchases or attempts to purchase, or has in his or her
possession, any intoxicating liquor as defined in this
section, or who is visibly in an intoxicated condition,
or has a detectable blood alcohol content of more than
two-hundredths (0. 02) of one (1) percent or more by
weight of alcohol in such person' s blood is guilty of a
violation of this section. In prosecutions pursuant to
this chapter, the municipal court will presume that the
contents of a manufacturer container describing that
there is intoxicating liquor therein does contain
intoxicating liquor. This presumption may be rebutted
by the defendant by the presentation of good and
sufficient evidence to the contrary.
(c) Duty of licensee, etc. No person licensed under
the provisions of this chapter and the general
ordinances of the city, nor any employee of such person
shall permit or fail to prohibit any minor to enter,
visit or remain upon any premises where intoxicating
liquor is served or is sold to be consumed on the
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premises, unless such minor is accompanied by one (1)
of his or her parents or by his or her legal guardian.
For the purpose of this section "minor" is defined as a
person under the age of twenty-one (21) years . The
prohibition contained herein shall not apply to
employees authorized under Section 5-5 of this chapter.
(d) Parent or guardian required to accompany minor. No
minor shall enter, visit or remain upon the premises
described in subsection (c) above unless such minor is
accompanied by one (1) of his or her parents or by his
or her legal guardian.
(e) Exemptions. The provisions of subsection (c) and
subsection (d) above shall not apply to :
(1) Golf course with nine (9) or more holes .
(2) Bowling alley with five (5) or more lanes .
(3) A sports complex or community center owned by
a public entity.
(4) Locations that have a business license to
operate as a public building, public grounds, or
public hall as defined in section 15-1 of this
Code and are exclusively used as such. The
exemption shall only apply during the hours of
6 : 00 am to 10 : 00 pm.
(5) Temporary permits issued pursuant to section
5-13 of this chapter to any charitable or
religious organizations that have 501 (c) (3) status
with the Internal Revenue Service .
(f) Restaurants exempted. The provisions of subsection
(c) and subsection (d) above shall not apply to those
establishments whose primary purpose for being in
business is the sale of food and has more than fifty
(50) percent of its sales from food prepared on the
premises . A minor may enter and remain upon such
premises solely for the purpose of purchasing food.
is hereby amended in its entirety, and a new Section 5-12
in lieu thereof, in words and figures, to read as follows :
Sec. 5-12 . - Prohibited acts committed by and
involving minors; exemptions .
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(a) Misrepresentation of age by minor. No person
between the age of seventeen (17) years and twenty-one
(21) years shall represent that he or she has attained
the age of twenty-one (21) years for the purpose of
entering into an establishment that sells or supplies
intoxicating liquor, or purchasing, asking for or in
any manner receiving any intoxicating liquor.
(b) Purchase or possession of intoxicating liquor. Any
person under the age of twenty-one (21) years, who
purchases or attempts to purchase, or has in his or
her possession, any intoxicating liquor as defined in
this section, or who is visibly in an intoxicated
condition, or has a detectable blood alcohol content
of more than two-hundredths (0 . 02) of one (1) percent
or more by weight of alcohol in such person' s blood is
guilty of a violation of this section. A violation of
this subsection of this section shall be punishable by
a fine not exceeding five hundred dollars ($500 . 00) .
In prosecutions pursuant to this chapter, the
municipal court will presume that the contents of a
manufacturer container describing that there is
intoxicating liquor therein does contain intoxicating
liquor. This presumption may be rebutted by the
defendant by the presentation of good and sufficient
evidence to the contrary.
(c) Duty of licensee, etc. No person licensed under
the provisions of this chapter and the general
ordinances of the city, nor any employee of such
person shall permit or fail to prohibit any minor to
enter, visit or remain upon any premises where
intoxicating liquor is served or is sold to be
consumed on the premises, unless such minor is
accompanied by one (1 ) of his or her parents or by his
or her legal guardian. For the purpose of this section
"minor" is defined as a person under the age of
twenty-one (21) years . The prohibition contained
herein shall not apply to employees authorized under
Section 5-5 of this chapter .
(d) Parent or guardian required to accompany minor. No
minor shall enter, visit or remain upon the premises
described in subsection (c) above unless such minor is
accompanied by one (1 ) of his or her parents or by his
or her legal guardian.
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(e) Exemptions. The provisions of subsection (c) and
subsection (d) above shall not apply to :
(1 ) Golf course with nine ( 9) or more holes .
(2 ) Bowling alley with five (5) or more lanes .
(3) A sports complex or community center owned by
a public entity.
(4 ) Locations that have a business license to
operate as a public building, public grounds, or
public hall as defined in section 15-1 of this
Code and are exclusively used as such. The
exemption shall only apply during the hours of
6 : 00 am to 10 : 00 pm.
(5) Temporary permits issued pursuant to section
5-13 of this chapter to any charitable or
religious organizations that have 501 (c) (3)
status with the Internal Revenue Service .
(f) Restaurants exempted. The provisions of subsection
(c) and subsection (d) above shall not apply to those
establishments whose primary purpose for being in
business is the sale of food and has more than fifty
(50) percent of its sales from food prepared on the
premises . A minor may enter and remain upon such
premises solely for the purpose of purchasing food.
ARTICLE 2 . Section 15-16 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows :
Sec. 15-16 . - Peddlers, merchants or other persons
prohibited from selling or soliciting contributions on
streets, intersections, sidewalks; restrictions;
exceptions .
No peddler, huckster, hawker, solicitor, vendor,
merchant, or any person soliciting contributions or
displaying any commercial advertising sign shall
conduct that activity in the public streets, rights-
of-way, intersections, medians or sidewalks, nor shall
such person have a stationary location or operate in
any congested area where his operations might impede
or inconvenience the public. This section shall not
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apply to the commercial selling of newspapers on
sidewalks .
is hereby amended in its entirety, and a new Section 15-16
in lieu thereof, in words and figures, to read as follows :
Sec. 15-16 . - Peddlers, merchants or other persons
prohibited from streets, intersections, sidewalks .
No person, peddler, huckster, hawker, solicitor,
vendor, or merchant shall conduct activity in the
public streets, rights-of-way, intersections, medians
or sidewalks, in such a manner where his operations
impedes or interferes with pedestrians or vehicle
traffic. This section shall not apply to the
commercial selling of newspapers on sidewalks .
ARTICLE 3 . Section 16-10 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows :
Sec. 16-10 . - Powers and duties of judge .
The municipal judge shall be and is hereby authorized
to .
(1) Establish a traffic violations bureau pursuant to
the Missouri Rules of Practice and Procedure in
Municipal Courts and RSMo 479 . 050, and to designate the
municipal court clerk or the assistant municipal court
clerk as the traffic violations clerk for such bureau.
(2) Administer oaths and enforce due obedience to all
orders, rules and judgments made by him and may fine or
imprison for contempt committed before such judge while
holding court, in the same manner and to the same
extent as a circuit judge .
(3) Commute the term of any sentence, stay execution
of any sentence, suspend any sentence, and make such
other orders as the municipal judge deems necessary and
proper with respect to any matter pending in the
municipal court .
(4) Make and adopt such rules of practice and
procedure as are necessary to implement and carry out
the provisions of this chapter, and make and adopt such
rules of practice and procedure as are necessary to
hear and decide the matters pending before the
municipal court, and to implement and carry out the
provisions of the Missouri Rules of Practice and
Procedure in Municipal and Traffic Courts .
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(5) The municipal judge shall have such other powers,
duties and privileges as are now or may later be
prescribed by the laws of this state or this Code .
is hereby amended in its entirety, and a new Section 16-10
in lieu thereof, in words and figures, to read as follows :
Sec. 16-10 . - Powers and duties of judge .
The municipal judge shall be and is hereby authorized
to .
(1 ) Establish a traffic violations bureau pursuant to
the Missouri Rules of Practice and Procedure in
Municipal Courts and RSMo 479 . 050, and to designate
the municipal court clerk or the assistant municipal
court clerk as the traffic violations clerk for such
bureau.
(2 ) Administer oaths and enforce due obedience to all
orders, rules and judgments made by him and may fine
or imprison for contempt committed before such judge
while holding court, in the same manner and to the
same extent as a circuit judge .
(3) Commute the term of any sentence, stay execution
of any sentence, suspend any sentence; suspend the
imposition of any sentence, with or without placing
the person on probation; pronounce sentence and
suspend its execution, placing the person on
probation; and make such other orders as the municipal
judge deems necessary and proper with respect to any
matter pending in the municipal court .
(4 ) In the event a sentence of confinement is ordered
executed, a court may order that an individual serve
all or any portion of such sentence on electronic
monitoring; except that all costs associated with the
electronic monitoring shall be charged to the person
on house arrest . If the judge finds the person unable
to afford the costs associated with electronic
monitoring, the judge may order that the person be
placed on house arrest with electronic monitoring if
the City agrees to pay the costs of such monitoring.
If the person on house arrest is unable to afford the
costs associated with electronic monitoring and the
City does not agree to pay from the general revenue of
the City the costs of such electronic monitoring, the
judge shall not order that the person be placed on
house arrest with electronic monitoring.
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(5) Make and adopt such rules of practice and
procedure as are necessary to implement and carry out
the provisions of this chapter, and make and adopt
such rules of practice and procedure as are necessary
to hear and decide the matters pending before the
municipal court, and to implement and carry out the
provisions of the Missouri Rules of Practice and
Procedure in Municipal and Traffic Courts .
( 6) The municipal judge shall have such other powers,
duties and privileges as are now or may later be
prescribed by the laws of this state or this Code .
ARTICLE 4 . Section 17-26 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows :
Sec. 17-26 . - Assault .
A person commits the offense of assault if:
(1) He attempts to cause or recklessly causes physical
injury to another person; or
(2) With criminal negligence he causes physical injury
to another person by means of a deadly weapon; or
(3) He purposely places another person in apprehension
of immediate physical injury; or
(4) He recklessly engages in conduct which creates a
grave risk of death or serious physical injury to
another person; or
(5) He knowingly causes physical contact with another
person knowing the other person will regard the contact
as offensive or provocative .
is hereby amended in its entirety, and a new Section 17-26
in lieu thereof, in words and figures, to read as follows :
Sec. 17-26 . - Assault .
(a) A person commits the offense of assault if:
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(1) The person attempts to cause or recklessly
causes physical injury, physical pain, or illness
to another person;
(2) The person purposely places another person in
apprehension of immediate physical injury;
(3) The person recklessly engages in conduct
which creates a substantial risk of death or
serious physical injury to another person;
(4) The person knowingly causes or attempts to
cause physical contact with a person with a
disability, which a reasonable person, who does
not have a disability, would consider offensive
or provocative; or
(5) The person knowingly causes physical contact
with another person knowing the other person will
regard the contact as offensive or provocative .
(b) Violation of the provisions of subsection (1) , (3)
or (4) of subsection (a) of this section shall by
punishable by a fine not exceeding five hundred
dollars ($500 . 00) , or by imprisonment for a period of
time not exceeding ninety ( 90) days, or both such fine
and imprisonment . Violation of the provisions of
subsection (2) or (5) of subsection (a) of this
section shall by punishable by a fine not exceeding
five hundred dollars ($500 . 00) , or by imprisonment for
a period of time not exceeding fifteen (15) days, or
both such fine and imprisonment .
ARTICLE 5 . Section 17-27 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows :
Sec. 17-27 . - Harassment .
A person commits the offense of harassment if for the
purpose of frightening or disturbing another person,
he .
(1) Communicates in writing or by telephone a threat
to commit any felony; or
(2) Makes a telephone call or communicates in writing
and uses coarse language offensive to one of average
sensibility; or
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(3) Makes a telephone call anonymously; or
(4) Makes repeated telephone calls .
is hereby amended in its entirety, and a new Section 17-27
in lieu thereof, in words and figures, to read as follows :
Sec. 17-27 . - Harassment .
A person commits the offense of harassment if he or
she, without good cause, engages in any act with the
purpose to cause emotional distress to another person.
This section shall not apply to activities of federal,
state, county, or municipal law enforcement officers
conducting investigations of violation of federal,
state, county, or municipal law.
ARTICLE 6 . Section 17-51 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows :
Sec. 17-51 . - Trespass in the second degree .
(a) A person commits the offense of trespass in the
second degree if he enters unlawfully upon real
property of another. This is an offense of absolute
liability.
(b) Trespass in the second degree shall be punished by
a fine not exceeding two hundred dollars ($200 . 00) .
is hereby amended in its entirety, and a new Section 17-51
in lieu thereof, in words and figures, to read as follows :
Sec. 17-51 . - Trespass in the second degree .
(a) A person commits the offense of trespass in the
second degree if he enters unlawfully upon real
property of another . This is an offense of absolute
liability.
(b) Trespass in the second degree shall be punished by
a fine not exceeding four hundred dollars ($400 . 00) .
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ARTICLE 7 . Section 17-72 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows :
Sec. 17-72 . - Stealing.
A person commits the offense of stealing if he
appropriates property or services of another with the
purpose to deprive him thereof, either without his
consent or by means of deceit or coercion.
is hereby amended in its entirety, and a new Section 17-72
in lieu thereof, in words and figures, to read as follows :
Sec. 17-72 . - Stealing.
A person commits the offense of stealing if he
appropriates property or services of another with the
purpose to deprive him thereof, either without his
consent or by means of deceit or coercion. A
violation of this section is punishable under Section
1-8 of this Code, unless the defendant has no previous
pleas or findings of guilt for a stealing-related
offense, then a violation of this section shall be
punishable by a fine not to exceed five hundred
dollars ($500 . 00) .
ARTICLE 8 . Section 17-98 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows :
Sec. 17-98 . - Unlawful possession or use of weapons .
(a) A person commits the offense of unlawful
possession or use of weapons if he knowingly:
(1) Carries, concealed upon or about his person a
knife, a firearm, a blackjack or any other weapon
readily capable of lethal use; or
(2) Possesses or discharges a firearm or
projectile weapon while intoxicated; or
(3) Discharges a firearm or projectile weapon; or
(4) Carries a firearm or any other weapon readily
capable of lethal use into any church or place
where people have assembled for worship, or into
any school, or into any election precinct on any
election day, or into any building owned or
occupied by any agency of the federal government,
state government, or political subdivision
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thereof, or into any public assemblage of persons
met for any lawful purpose; or
(5) Openly carries a firearm readily capable of
lethal use; or
( 6) Possesses a firearm while also knowingly in
possession of a controlled substance that is
sufficient for a felony violation of RSMo §
195 . 202 .
(b) Subsections (a) ( 1) , (3) , (4) and (5) of this
section shall not apply to or affect any of the
following:
(1) All state, county and municipal law
enforcement officers possessing the duty and power
of arrest for violations of the general criminal
laws of the state or for violations of ordinances
of counties or municipalities of the state, or any
person summoned by such officers to assist in
making arrests or preserving the peace while
actually engaged in assisting such officer;
(2) Wardens, superintendents and keepers of
prisons, penitentiaries, jails and other
institutions for the detention of persons accused
or convicted of crime;
(3) Members of the armed forces or national guard
while performing their official duty;
(4) Those persons vested by Article V, Section 1
of the Constitution of Missouri with the judicial
power of the state;
(5) Any persons whose bona fide duty is to
execute process, civil or criminal .
(c) Subsections (a) ( 1) , (2) , (4) and (5) of this
section do not apply when the actor is transporting
such weapons in a nonfunctioning state or in an
unloaded state when ammunition is not readily
accessible or when such weapons are not readily
accessible . Subsection (a) (1) of this section does not
apply when the actor is in his dwelling unit or upon
business premises over which the actor has possession,
authority or control, or is traveling in a continuous
journey peaceably through this state . Subsection (a) (3)
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of this section does not apply when the actor
discharges a firearm or projectile weapon in a safe
manner at a suitable firearm, air gun or archery range .
Subsection (a) (3) of this section does not apply when
the actor is in his dwelling unit or upon business
premises over which the actor has possession and
reasonably discharges a firearm or projectile weapon in
defense of himself, a third person or property.
Subsection (a) (5) of this section does not apply when
the actor openly carries a firearm readily capable of
lethal use at a suitable firearm range, or in the
lawful pursuit of game . Subsection (a) (5) of this
section also does not apply in accordance with the
following:
(1) Any person with a valid concealed carry
endorsement or permit who is open carrying a
firearm shall be required to have a valid
concealed carry endorsement or permit from this
state, or a permit from another state that is
recognized by this state, in his or her possession
at all times;
(2) Any person open carrying a firearm shall
display his or her concealed carry endorsement or
permit upon demand of a law enforcement officer;
(3) In the absence of any reasonable and
articulable suspicion of criminal activity, no
person carrying a concealed or unconcealed firearm
shall be disarmed or physically restrained by a
law enforcement officer unless under arrest;
(4) Any person who violates subsections (c) (1) or
(c) (2) of this section shall be subject to the
penalty provided in RSMo § 571 . 121 .
(d) Subsections (a) (1) and (4) of this section shall
not apply to any person possessing a valid
authorization to carry concealed weapons under RSMo §
571 . 094, to the extent that statute prohibits the
enforcement of those subsections, and subject to the
location limitations, and other limitations contained
in that statute .
(e) Nothing in this section shall be construed to
preclude the use of a firearm in defense of person or
property, subject to the provisions of RSMo Chapter
563 .
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is hereby amended in its entirety, and a new Section 17-98
in lieu thereof, in words and figures, to read as follows :
Sec. 17-98 . - Unlawful possession or use of weapons .
(a) A person commits the offense of unlawful
possession or use of weapons, except as otherwise
provided by sections 571 . 101 to 571 . 121 RSMo, if he
knowingly:
(1 ) Carries, concealed upon or about his person a
knife, a firearm, a blackjack or any other weapon
readily capable of lethal use into any area where
firearms are restricted under RSMo section
571 . 107; or
(2 ) Possesses or discharges a firearm or
projectile weapon while intoxicated; or
(3) Discharges a firearm or projectile weapon; or
(4 ) Carries a firearm or any other weapon readily
capable of lethal use into any church or place
where people have assembled for worship, or into
any school, or into any election precinct on any
election day, or into any building owned or
occupied by any agency of the federal government,
state government, or political subdivision
thereof, or into any public assemblage of persons
met for any lawful purpose; or
(5) Openly carries a firearm readily capable of
lethal use into any area where firearms are
restricted under RSMo section 571 . 107; or
( 6) Possesses a firearm while also knowingly in
possession of a controlled substance that is
sufficient for a felony violation of RSMo §
579 . 015 .
(b) Subsections (a) ( 1) , (3) , (4 ) and (5) of this
section shall not apply to or affect any of the
following:
(1) All state, county and municipal peace
officers who have completed the training required
by the police officer standards and training
commission pursuant to sections 590 . 030 to
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590 . 050 and who possess the duty and power of
arrest for violation of the general criminal laws
of the state or for violation of ordinances of
counties or municipalities of the state, whether
such officers are on or off duty, and whether
such officers are within or outside of the law
enforcement agency' s jurisdiction, or all
qualified retired peace officers, as defined in
subsection 12 of this section, and who carry the
identification defined in subsection 13 of this
section, or any person summoned by such officers
to assist in making arrests or preserving the
peace while actually engaged in assisting such
officer;
(2) Wardens, superintendents and keepers of
prisons, penitentiaries, jails and other
institutions for the detention of persons accused
or convicted of crime;
(3) Members of the Armed Forces or National Guard
while performing their official duty;
(4) Those persons vested by Article V, Section 1
of the Constitution of Missouri with the judicial
power of the state and those persons vested by
Article III of the Constitution of the United
States with the judicial power of the United
States, the members of the federal judiciary;
(5) Any person whose bona fide duty is to execute
process, civil or criminal;
( 6) Any federal probation officer or federal
flight deck officer as defined under the federal
flight deck officer program, 49 U. S .C. Section
44921, regardless of whether such officers are on
duty, or within the law enforcement agency' s
jurisdiction;
(7) Any state probation or parole officer,
including supervisors and members of the board of
probation and parole;
(8) Any corporate security advisor meeting the
definition and fulfilling the requirements of the
regulations established by the department of
public safety under section 590 . 750;
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(9) Any coroner, deputy coroner, medical
examiner, or assistant medical examiner;
(10) Any municipal or county prosecuting attorney
or assistant prosecuting attorney; circuit
attorney or assistant circuit attorney;
municipal, associate, or circuit judge; or any
person appointed by a court to be a special
prosecutor who has completed the firearms safety
training course required under RSMo subsection 2
of section 571 . 111;
(11) Any member of a fire department or fire
protection district who is employed on a full-
time basis as a fire investigator and who has a
valid concealed carry endorsement issued prior to
August 28, 2013, or a valid concealed carry
permit, when such uses are reasonably associated
with or are necessary to the fulfillment of such
person' s official duties; and
(12) Upon the written approval of the governing
body of a fire department or fire protection
district, any paid fire department or fire
protection district member who is employed on a
full-time basis and who has a valid concealed
carry endorsement issued prior to August 28,
2013, or a valid concealed carry permit, when
such uses are reasonably associated with or are
necessary to the fulfillment of such person' s
official duties .
(c) Subsections (a) ( 1) , (2) , (4 ) and (5) of this
section do not apply when the actor is transporting
such weapons in a nonfunctioning state or in an
unloaded state when ammunition is not readily
accessible or when such weapons are not readily
accessible . Subsection (a) (3) of this section does not
apply when the actor discharges a firearm or
projectile weapon in a safe manner at a suitable
firearm, air gun or archery range, or when the
projectile weapon is used in a safe manner as part of
an event authorized by the Director of the Parks
Department . Subsection (a) (3) of this section does not
apply when the actor is in his dwelling unit, upon
business premises over which the actor has possession,
or any other location such person has the right to be,
and reasonably discharges a firearm or projectile
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weapon in defense of himself, a third person or
property.
(d) Carrying of a firearm in a prohibited location
specified in RSMo section 571 . 107 by any individual
who holds a concealed carry permit or a concealed
carry endorsement issued prior to August 28, 2013,
shall not be a criminal act but may subject the person
to denial to the premises or removal from the
premises . If such person refuses to leave the premises
and a peace officer is summoned, such person may be
issued a citation for an amount not to exceed one
hundred dollars ($100 . 00) for the first offense . If a
second citation for a similar violation occurs within
a six-month period, such person shall be fined an
amount not to exceed two hundred dollars ($200 . 00) . If
a third citation for a similar violation is issued
within one year of the first citation, such person
shall be fined an amount not to exceed five hundred
dollars ($500 . 00) . Upon conviction of charges arising
from a citation issued pursuant to this subsection,
the court shall notify the sheriff of the county which
issued the concealed carry permit, or, if the person
is a holder of a concealed carry endorsement issued
prior to August 28, 2013, the court shall notify the
sheriff of the county which issued the certificate of
qualification for a concealed carry endorsement and
the department of revenue .
(e) Nothing in this section shall be construed to preclude
the use of a firearm in defense of person or property,
subject to the provisions of RSMo Chapter 563 .
ARTICLE 9 . Section 17-142 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows :
Sec. 17-142 . - Private peace disturbance .
A person commits the crime of private peace
disturbance if he is on private property and
unreasonably and purposely causes alarm to another
person on the same premises by fighting.
is hereby amended in its entirety, and a new Section 17-142 in
lieu thereof, in words and figures, to read as follows :
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Sec. 17-142 . - Private peace disturbance .
A person commits the crime of private peace
disturbance if he is on private property and
unreasonably and purposely causes alarm to another
person on the same premises by fighting. A violation
of this section shall be punishable by a fine not
exceeding five hundred dollars ($500 . 00) , or by
imprisonment for a period of time not exceeding
fifteen (15) days, or both such fine and imprisonment .
ARTICLE 10 . A new Section 17-145 of the Code of Ordinances
of the City of Cape Girardeau, Missouri, entitled "Affray", is
hereby enacted in words and figures, to read as follows :
Sec. 17-145 . - Affray.
It shall be unlawful for two (2) or more persons, in
any public place within the city, to engage in any
fight, or use any blows, or violence toward each
other, unless they are acting as part of a bona fide
dramatic presentation or sporting event .
ARTICLE 11 . Section 17-148 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows :
Sec. 17-148 . - Refusal to disperse .
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 .
is hereby amended in its entirety, and a new Section 17-148
in lieu thereof, in words and figures, to read as follows :
Sec. 17-148 . - Refusal to disperse .
A person commits the offense of refusal to disperse
if, being present at the scene of an unlawful
assembly, at the scene of a riot, at the location of a
criminal investigation, at the location during an
arrest, or at a traffic stop conducted by a law
enforcement officer, he fails or refuses to obey the
lawful command of a law enforcement officer to depart
from such scene or location. A violation of this
section shall be punishable by a fine not exceeding
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five hundred dollars ($500 . 00) , or by imprisonment for
a period of time not exceeding fifteen (15) days, or
both such fine and imprisonment .
ARTICLE 12 . Section 17-232 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows :
Sec. 17-232 . - Prohibited acts .
(a) It is unlawful for any person to manufacture,
possess, have under his control, sell, prescribe,
administer, dispense, distribute, or compound any
controlled or counterfeit substance except as
authorized by the laws of the United States or of the
state .
(b) It is unlawful for any person to use, or to
possess with intent to use, drug paraphernalia to
plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process,
prepare, test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale, or otherwise introduce
into the human body a controlled substance or an
imitation controlled substance in violation of this
article .
(c) It is unlawful for any person to deliver, possess
with intent to deliver, or manufacture with intent to
deliver, drug paraphernalia, knowing, or under
circumstances where one reasonably should know, that it
will be used to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale, or otherwise
introduce into the human body a controlled substance or
an imitation controlled substance in violation of this
article .
(d) It is unlawful for any person to place in any
newspaper, magazine, handbill, or other publication any
advertisement, knowing, or under circumstances where
one reasonably should know, that the purpose of the
advertisement, in whole or in part, is to promote the
sale of objects designed or intended for use as drug
paraphernalia.
(e) It is unlawful for any person to use, or to
possess with intent to use, any imitation controlled
substance in violation of this article .
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(f) It is unlawful for any person to deliver, possess
with intent to deliver, manufacture with intent to
deliver, or cause to be delivered any imitation
controlled substance .
(g) It is unlawful for any person to place in any
newspaper, magazine, handbill, or other publication, or
to post or distribute in any public place, any
advertisement or solicitation with reasonable knowledge
that the purpose of the advertisement or solicitation
is to promote the distribution of imitation controlled
substances .
is hereby amended in its entirety, and a new Section 17-232
in lieu thereof, in words and figures, to read as follows :
Sec. 17-232 . - Prohibited acts .
(a) It is unlawful for any person to manufacture,
possess, have under his control, sell, prescribe,
administer, dispense, distribute, or compound any
controlled or counterfeit substance except as
authorized by the laws of the United States or of the
state of Missouri . A violation of this subsection
shall be punishable pursuant to Section 1-8 of the
City Code, but a violation of this subsection for the
possession of marijuana shall be punishable by a fine
not exceeding five hundred dollars ($500 . 00) .
(b) It is unlawful for any person to use, or to
possess with intent to use, drug paraphernalia to
plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process,
prepare, test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale, or otherwise
introduce into the human body a controlled substance
or an imitation controlled substance in violation of
this article . A violation of this subsection shall be
punishable by a fine not exceeding five hundred
dollars ($500 . 00) .
(c) It is unlawful for any person to deliver, possess
with intent to deliver, or manufacture with intent to
deliver, drug paraphernalia, knowing, or under
circumstances where one reasonably should know, that
it will be used to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store,
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contain, conceal, inject, ingest, inhale, or otherwise
introduce into the human body a controlled substance
or an imitation controlled substance in violation of
this article .
(d) It is unlawful for any person to place in any
newspaper, magazine, handbill, or other publication
any advertisement, knowing, or under circumstances
where one reasonably should know, that the purpose of
the advertisement, in whole or in part, is to promote
the sale of objects designed or intended for use as
drug paraphernalia .
(e) It is unlawful for any person to use, or to
possess with intent to use, any imitation controlled
substance in violation of this article .
(f) It is unlawful for any person to deliver, possess
with intent to deliver, manufacture with intent to
deliver, or cause to be delivered any imitation
controlled substance .
(g) It is unlawful for any person to place in any
newspaper, magazine, handbill, or other publication,
or to post or distribute in any public place, any
advertisement or solicitation with reasonable
knowledge that the purpose of the advertisement or
solicitation is to promote the distribution of
imitation controlled substances .
ARTICLE 13 . Section 26-2 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows :
Sec. 26-2 . - Penalty for violations .
Violations of any section of this chapter shall be
punishable by a fine not exceeding five hundred
dollars ($500 . 00) , or by imprisonment for a period of
time not exceeding three (3) months, or both such fine
and imprisonment, except when a differing punishment
is specifically provided for in an individual section.
is hereby amended in its entirety, and a new Section 26-2
in lieu thereof, in words and figures, to read as follows :
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Sec. 26-2 . - Penalty for violations .
Violations of any section of this chapter shall be
punishable by a fine not exceeding five hundred
dollars ($500 . 00) , or by imprisonment for a period of
time not exceeding three (3) months, or both such fine
and imprisonment, except when a differing punishment
is specifically provided for in an individual section
of the City Code . Notwithstanding, when the violation
is a minor traffic violation as defined in RSMo Sec .
479 . 350 (3) , the violation shall be punishable by a
fine including court costs not exceeding two hundred
twenty-five dollars ($225 . 00) .
ARTICLE 14 . Section 26-228 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows :
Sec. 26-228 . - Exceeding established speed limits;
prohibited.
(a) On those public streets, alleys or portions
thereof set forth in Schedule A, hereby adopted and
incorporated by reference, no person shall operate a
vehicle in excess of the speeds described and set forth
therein.
(b) The maximum penalty for a violation of the
provisions of this section is as follows :
(1) Two hundred dollars ($200 . 00) plus court
costs, for any speeding violation which is over
the posted speed limit by five (5) miles per hour
or less;
(2) Three hundred dollars ($300 . 00) and/or
fifteen (15) days in jail, plus court costs, for
any speeding violation which is over the posted
speed limit by more than five (5) miles per hour
but less than twenty (20) miles per hour;
(3) Five hundred dollars ($500 . 00) and/or ninety
(90) days in jail, plus court costs, for any
speeding violation which is over the posted speed
limit by twenty (20) miles per hour or more .
(c) Notwithstanding any provisions of law to the
contrary, the municipal court may issue a warrant for
failure to appear for any violation of this section.
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is hereby amended in its entirety, and a new Section 26-228
in lieu thereof, in words and figures, to read as follows :
Sec. 26-228 . - Exceeding established speed limits;
prohibited.
(a) On those public streets, alleys or portions
thereof set forth in Schedule A, hereby adopted and
incorporated by reference, no person shall operate a
vehicle in excess of the speeds described and set
forth therein.
(b) The maximum penalty for a violation of the
provisions of this section is as follows :
(1 ) Two hundred twenty-five dollars ($225 . 00)
including court costs, for any speeding violation
which is over the posted speed limit by nineteen
(19) miles per hour or less;
(2 ) Five hundred dollars ($500 . 00) and/or fifteen
(15) days in jail, plus court costs, for any
speeding violation which is over the posted speed
limit by more than nineteen ( 19) miles per hour;
(c) Notwithstanding any provisions of law to the
contrary, the municipal court may issue a warrant for
failure to appear for any charge for a violation of
this section.
ARTICLE 15 . Section 26-333 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows :
Sec. 26-333 . - Unlawful for unlicensed, suspended or
revoked person to drive motor vehicle .
(a) It shall be unlawful for any person to operate any
motor vehicle upon any street or highway in the city
unless such person:
(1) Is exempted by RSMo 302 . 080; or
(2) Has a valid Missouri drivers license under
the provisions of RSMo Chapter 302 .
(b) Notwithstanding the provisions of subsection (a)
above, it shall be unlawful for any person to operate
any motor vehicle upon any street or highway in the
city if such person' s driver' s license or driving
22
privileges are suspended or revoked in Missouri or in
such person' s home state or country.
is hereby amended in its entirety, and a new Section 26-333 in
lieu thereof, in words and figures, to read as follows :
Sec. 26-333 . - Unlawful for unlicensed person to drive
motor vehicle .
It shall be unlawful for any person to operate any
motor vehicle upon any street or highway in the city
unless such person:
(1 ) Has a valid Missouri drivers license under the
provisions of RSMo Chapter 302; or
(2 ) Is exempted by RSMo 302 . 080 .
ARTICLE 16 . A new Section 26-337 of the Code of Ordinances
of the City of Cape Girardeau, Missouri, entitled "Driving while
license or driving privilege is canceled, suspended or revoked,
penalty—enhanced penalty for repeat offenders", is hereby
enacted in words and figures, to read as follows :
Sec. 26-337 . - Driving while license or driving
privilege is canceled, suspended or revoked, penalty--
enhanced penalty for repeat offenders .
(1) A person commits the offense of driving while
revoked if such person operates a motor vehicle on any
street or highway when such person' s license or
driving privilege has been canceled, suspended, or
revoked under the laws of this state or any other
state and acts with criminal negligence with respect
to knowledge of the fact that such person' s driving
privilege has been canceled, suspended, or revoked.
(2) Any person convicted under this section shall be
punishable by a fine not exceeding five hundred
dollars ($500 . 00) ; however, such person that has
previously pled guilty or been found guilty of driving
while his license or driving privilege is canceled,
suspended or revoked, shall be punishable by a fine
not exceeding five hundred dollars ($500 . 00) , or by
imprisonment for a period of time not exceeding ninety
(90) days, or both such fine and imprisonment .
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ARTICLE 17 . If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
ARTICLE 18 . It is the intention of the governing body and
it is hereby ordained that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances of the
City of Cape Girardeau, Missouri, and the sections of this Code
may be renumbered to accomplish such intention.
ARTICLE 19 . This ordinance shall be in full force and
effect ten days after its passage and approval .
(S)SC) .
PASSED AND APPROVED THIS DAY OF ,It • ,, 016.
ry E. Rediger, Mayor
ATTEST: f_-�' . .
Y ,l
Gayle c . Conrad, City Clerk IC P- - r-; \ . '
y . .4
i.
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