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HomeMy WebLinkAboutOrd.132.03-07-1984 BILL NO. 84-20 ORDINANCE N0. �'J 2`' AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ESTABLISHING A NEW CHAPTER 18, ARTICLE V PERTAINING TO OFFENSE5 INVOLVING WEAPONS AND EXPLOSIVES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION l . Chapter 18 of the Code of Ordinances of the City of Cape Girardeau, Missouri is hereby amended by adding the following: ARTICLE V. OFFENSES INVOLVING WEAPONS AND EXPLOSIVES Sec. 18-59 . Definitions. As used in this article: l. "Deface" means to alter or destroy the manufacturer' s or importer` s serial number or any other distinguishing number or identification mark; 2 . "Firearm" means any weapon that is designed or adapted to expel a projectile by the action of an explosive; 3 . "Intoxicated" means substantially impaired mental or physical capacity resulting from introduction of any substance into the body; 4 . "Knife" means any dagger, dirk, stiletto, or blade hand instrument that is readily capable of inflicting serious physical injury or death by cutting or stabbing a person. For purposes of this chapter, "knife" does not include any ordinary pocket knife with no blade more than four inches in length. 5 . "Knuckles" means any instrument that consists of finger rings or guards made of a hard substance that is designed or adapted for the purpose of inflicting serious physical injury or death by striking a person with a fist enclosed in the knuckles; 6 . "Projectile weapon" means any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person; ,`,/i >f� � / 7 . "Switchblade knife" means any knife which has a blade that folds or closes into the handle or sheath, and A. That opens automatically by pressure applied to a button or other device located on the handle; or B. That opens or releases from the handle or sheath by the force of gravity or by the application of centrifugal force. Sec. 18-60. Possession--Manufacture--Transport-- Repair--Sale of Certain Weapons a Crime-- Exceptions. l . A person commits an offense if he knowingly possesses, manufacturers, transports, repairs, or sells: (1) A switchblade knife; (2) A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm; or (3) Knuckles. 2 . A person does not commit an offense under this section if his conduct: (1) Was incident to the performance of official duty by the armed forces, national guard, a govern- mental law enforcement agency, or a penal in- stitution; or (2) Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in subdivision (1) of this section; or (3) Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; or (4) Was incident to displaying the weapon in a public museum or exhibition; or (5) Was incident to dealing with the weapon solely as a curio, ornament, or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance. Sec. 18-61. Unlawful Possession or Use of Weapons . l . A person commits the offense of unlawful possession or use of weapons if he knowingly: 2 . (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 thereof, or into any public assemblage of persons met for any lawful purpose; or (5) Carries a firearm on any street or on any publicly owned land or on any privately owned land which is open to the public. 2 . Subdivisions (1) , (3) , (4) and (5) of subsection 1 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 person whose bona fide duty is to execute process, civil or criminal . 3 . Subdivisions (1) , (2) , (4) and (5) of subsection 1 of this section do not apply when the actor is transporting 3 . 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. Subdivision (1) of sub-section 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. Sec. 18-62. Defacing Firearm. l. A person commits the crime of defacing a firearm if he knowingly defaces any firearm. Sec. 18-63. Possession of Defaced Firearm. l. A person commits the crime of possession of a defaced firearm if he knowingly possesses a firearm which is defaced. Sec. 18-64 . Forfeiture of Weapons by Convicted Persons; Confiscation, Disposition. 1 . Forfeiture. Whenever any person is convicted in the city, of any offense or violation of law of the State of Missouri, or any ordinance of the city, which offense or violation shall involve in any manner the use or possession by the person convicted, of any firearm, projectile weapon, knife, knuckles, blackjack, billy or other dangerous or deadly weapon, in addition to the penalties provided by law or ordinance, such person shall be subject to forfeiture of the weapon or weapons so involved. 2 . Confiscation; disposition. All such weapons shall be confiscated by the chief of police and either destroyed or used by and for the police department. Sec. 18-65. Explosives; Restrictions on Use. No person shall blast or cause to be blasted with powder or other explosive substances, any rock or other substances, without having such rock or other substances, at the time of setting off the blast, covered on all sides of the orifice with good, sound plank, timber, or material of sufficient width, length, thickness and weight, and placed so as to effectually prevent fragments of the rock or other sub- stances from ascending into the air. Secs. 18-66 - 18-75 Reserved. SECTION 2 . If any sectipn, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid 4 . . • . � . 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. SECTION 3 . This ordinance shall be in full force and effect ten days after its passage and approval . �t �� f`, � � PASSED AND APPROVED THIS � DAY QF %�/Z-aC-L-�-C_ i ► 1984 . "'� �-. .`�v�-,�" MAYOR ATTEST: �� �� ` ,� � ��. �..--�-E-� CITY C ERK 5.