Loading...
HomeMy WebLinkAboutOrd.134.03-07-1984 BILL NO. 84-22 ORDINANCE N0. ,f�� �_ AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI BY ESTABLISHING A NEW CHAPTER 18, ARTICLE VII PERTAINING TO AND RECODIFYING OFFENSES AGAINST PUBLIC ORDER AND SAFETY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. Chapter 18 of the Code of Ordinances of the City of Cape Girardeau, Missouri is hereby amended by adding the following: ARTICLE VII. OFFENSES AGAINST PUBLIC ORDER AND SAFETY 5ec. 18-90. Peace Disturbance. A person commits the offense of peace disturbance if: 1. He unreasonably and knowingly causes alarm to or disturbs another person or persons not physically on the same premises by: A. Loud and unusual noise; or B. Threatening to commit a crime against any person; or C. Fighting; or D. Creating a noxious and offensive odor; 2 . He is in a public place or on private property of another without consent and unreasonably and knowingly causes alarm to or disturbs another person or persons by: A. Loud and unusual noise; or B. Directing personally abusive language toward a specific individual in a face-to-face manner under circumstances such that the language has a direct tendency to cause an immediate violent response by a reasonable recipient; or C. Threatening to commit a crime against any person; or D. Fighting; or s,,�d� .;;f ��� E. Creating a noxious and offensive odor; 3 . He is in a public place or on private property of another without consent and purposely causes incon- venience to another person or persons by unreasonably and physically obstructing: A. Vehicular or pedestrian traffic; or B. The free ingress or egrees to or from public or private places. Sec. 18-91. Private Peace Disturbance. A person commits the offense of private peace disturbance if he is on private property and unreasonably and purposely causes alarm to or disturbs another person or persons on the same premises by: 1. Threatening to commit a crime against any person; or 2 . Fighting. 3 . Directing personally abusive language toward a specific individual in a face-to-face manner under circumstances such that the language has a direct tendency to cause an immediate violent response by a reasonable recipient. Sec. 18-92. Peace Disturbance Definitions. For the purposes of sections 18-90 and 18-91 : l. "Property of another" means any property in which the actor does not have a possessory interest; 2. "Private property" means any place which at the time is not open to the public. It includes property which is owned publicly or privately; 3 . "Public place" means any place which at the time is open to the public. It includes property which is owned publicly or privately; 4 . If a building or structure is divided into separately occupied units, such units are separate premises. Sec. 18-93. Maintaining a Disorderly House. A person commits the offense of maintaining a disorderly house if he permits to assemble on his premises persons making loud noises and disturbing the peace of the neigh- borhood. 2 . Sec. 18-94 . Certain Noise Prohibited. No person shall unreasonably and knowingly make or cause to be made or allow anyone or anything under his control to make, any loud and unnecessary noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of another. The following are declared to be noises in violation of this Article, but such enumeration is not to be deemed exclusive: l. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the City, except as a danger warning. 2 . The use or operation of any radio, television, musical instrument, tape recorder or other similar machine or device in such a manner as to disturb the peace, quiet and comfort of neighboring inhabitants. The use or operation of any such device between the hours of 11: 00 P.M. and 7: 00 A.M. in such manner as to be plainly audible at a distance of fifty feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. 3 . The keeping of any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any persons in the vicinity. 4 . Yelling, shouting, hooting, whistling or singing on any public street, particularly between the hours of 11: 00 P.M. and 7: 00 A.M. , or at any time or place so as to annoy, disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity. 5 . The discharge into the open air of the exhaust of any steam engine, stationary internal cambustion engine, motor boat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. 6 . The use or operation upon any street, alley or public place of a sound truck, amplifier or loudspeaking device of any kind. Sec. 18-95 . Unlawful assembly. A person commits the offense of unlawful assembly if he 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. 3. Sec. 18-96 . Rioting. A person commits the offense of rioting if he 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. Sec. 18-97 . 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. Sec. 18-98. Loitering. l. A person commits the offense of loitering if: A. He loiters in such a manner as to obstruct any public street, public highway, public sidewalk or any public place or building by hindering or impeding the free and uninterrupted passage of vehicles, traffic or pedestrians; or B. He loiters in such a manner as to interfere with the free and uninterrupted use of property or with the conduct of any lawful business. 2 . "Loiter" means to remain idle in essentially one location and includes the concept of spending time idly, being dilatory, lingering, sauntering, delaying, standing around or hanging around. 3 . "Public place" means any place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. "Public place" also includes the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks. Sec. 18-99. Curfew. l. No minor under the age of seventeen (17) years shall loiter, idle, wander, stroll, operate or ride in or on a motor vehicle, or play in or upon the public streets, parks, playgrounds, or other public places and public buildings, places of amusement and entertainment, 4 . vacant lands, or other unsupervised places between the hours of 11: 00 o'clock P.M. and 5 : 00 o 'clock A.M. of the following day, Sunday evenings through Friday mornings or between the hours of 12 : 00 o 'clock midnight and 5: 00 o `clock A.M. of the following day, Friday evenings through Sunday mornings. 2 . The provisions of this section shall not apply to a minor under the age of seventeen (17) accompanied by his parent, guardian, or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business di- rected by his parent, guardian, or other adult person having the custody of the minor, or where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation. Sec. 18-100. Curfew, Allowing Minor to Violate. No parent, guardian, or other adult person having the care and custody of a minor under the age of seventeen (17) years shall allow or permit such minor to violate Section 18-99. Sec. 18-101. Indecent Exposure. A person commits the offense of indecent exposure if he knowingly exposes his genitals or buttocks under circum- stances in which he knows that his conduct is likely to cause affront or alarm. Sec. 18-102. Abandonment of airtight or semi-airtight containers. A person commits the offense of abandonment of an air- tight container if he abandons, discards, or knowingly permits to remain on premises under his 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 fifty 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 render- ing such equipment harmless to human life by removing such hinge, latches or other hardware which may cause a person to be confined therein. Sec. 18-103 Obstructing use of wharfs or landings prohibited. No person shall obstruct or endanger, or place or permit anything to obstruct or endanger, on the land or in the water, the proper use of any wharf or landing on the Mis- sissippi River. 5. , ,. Sec. 18-104. Climbing, Jumping on Moving Railroad Cars, Engines. No person other than railroad employees shall jump or climb, or attempt to jump or climb upon or into, or shall encourage any person to jump or climb or attempt to jump or climb upon, or into any locomotive engine, car or train of cars thereto attached while in motion. Secs. 18-105 - 18-114 Reserved. SECTION 2. 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. SECTION 3 . This ordinance shall be in full force and effect ten days after its passage and approval . t� PASSED AND APPROVED THIS � DAY OF �-�t--�--�._-- , 1984 . � !f :� / 4-"�� 1 MAYOR ATTEST: � D U ��.'L,2 �--oC._ .��o CITY C ERK 6.