HomeMy WebLinkAboutOrd.138.03-07-1984 BILL NO. 84-26 ORDINANCE NO. � -�
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF CAPE GIRARDEAU, MISSOURI BY ESTABLISHING A NEW
CHAPTER 18, ARTICLE XI PERTAINING TO AND RECODIFYING
MISCELLANEOUS OFFENSES
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 XI. MISCELLANEOUS OFFENSES
Sec. 18-172. Selling Certain Goods on Sunday, Penalty.
1. No person shall engage on Sunday in the business of
selling or sell or offer for sale on Sunday, at retail
any of the following: motor vehicles, clothing and
wearing apparel; clothing accessories; furniture;
housewares; home, business or office furnishings;
household, business or office appliances; hardware;
taols; paints; building and lumber supply materials;
jewelry; silverware; watches; clocks; luggage; musical
instruments and recordings or toys; excluding novelties
and souvenirs.
2 . Any person guilty of this offense shall be punished by
a fine not exceeding one hundred dollars except that
any person guilty of a second or subsequent offense
shall be punished by a fine not exceeding two hundred
dollars or by imprisonment not exceeding thirty days.
3. Each separate sale or offer to sell shall constitute a
separate offense.
4 . Information charging violations of this section shall
be brought within five days after the commission of the
alleged offense and not thereafter.
Sec. 18-173. Desecration of Flags.
Any person who purposefully and publicly mutilates,
defaces, defiles, tramples upon or otherwise desecrates the
national flag of the United States or the state flag of the
state of Missouri is guilty of the offense of flag desecration.
t � ` ,
� - ,��,���
Sec. 18-174 . Unlawful transactions with a child.
1. A person commits the offense of unlawful transactions
with a child if:
(1) Being a pawnbroker, junk dealer, dealer in second-
hand goods, or any employee of such person, he
with criminal negligence buys or receives any
personal property other than agricultural products
from an unemancipated minor, unless the child' s
custodial parent or guardian has consented in
writing to the transaction; or
(2) He knowingly permits a minor child to enter or
remain in a place where illegal activity in con-
trolled substances, as defined in Section 18-160,
is maintained or conducted; or
(3) He with criminal negligence sells blasting caps,
bulk gun powder, or explosives to a child under
the age of seventeen, or fireworks as defined in
section 320. 110, RSMo, to a child under the age of
fourteen, unless the child' s custodial parent or
guardian has consented in writing to the tran-
saction. Criminal negligence as to the age of the
child is not an element of this crime.
(4) He sells or gives, or offers to sell or give
tobacco in any form whatever to any minor under
the age of eighteen (18) years without the consent
of a parent or guardian of such minor.
(5) He sells to any minor under the age of sixteen
(16) years without the written consent of a parent
or guardian of such child any firearm or knife, as
these terms are defined in Article V, or any
ammunition.
Sec. 18-175. Spitting on Sidewalk, Public Building,
etc. Prohibited.
No person shall expectorate upon any sidewalk, or upon
the floor or any other part of any public building, hall,
church, school, bus or other public vehicle.
Sec. 18-176 . Removal, Altering, etc. of Surveyor' s Markers;
Interfering, Hindering Surveyor.
No person shall change, alter, remove or destroy any
stake, stone or mark, set, placed or made by any surveyor or
engineer, on any lot, street, or alley to designate the
proper boundaries, corners, location of the same, or inter-
fere in any manner with any survey so as to cause annoyance,
hindrance or delay.
2.
. �
Sec. 18-177 . Watercourses; changing of prohibited.
No person shall change the natural or legally established
channel of any watercourse without having lawful authority
to do so.
Sec. 18-178 . Helicopters; operation in city.
(a) No person shall land, takeoff or in any way operate
an aircraft of any type within the city limits of the City
of Cape Girardeau below five hundred (500) feet in altitude,
except in certain legally zoned or designated areas and
their approachways.
(b) In exception to paragraph (a) above, and 30-38 (C) (26)
of the Code of Ordinances of the City of Cape Girardeau, the
city manzger or his designee shall have the power to permit
the landing of helicopters, on a temporary basis, but only
if the health, safety and welfare of the citizens is provided
for, and in no wise shall said temporary permit be granted
for more than five (5) days.
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.
PASSED AND APPROVED THIS �� DAY OF r''�L� �--�� , 1984 .
o ,
r � '(�
l �__ ��°'b�'�-c`
MAYOR
ATTEST:
� � �
�
�-°`� � C�.,� -� �-�-�..�,
CITY C ERK
3.