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1174 – Bill No. 154 Offenses Against Public Safety

BILL 154                                             ORDINANCE NO. 1174

AN ORDINANCE REGULATING THE OFFENSES AGAINST PUBLIC SAFETY

BE IT ORDAINED by the Board of Aldermen of the City of Rich Hill, Missouri, as follows:

Section 1. Discharge of guns, explosive.

(a)   No person shall fire or discharge any gun, pistol or firearm of any description in the city limits of the City of Rich Hill, Missouri, except with the written permission of the Mayor or Board of Aldermen.

(b)   No person shall fire or discharge any B-B gun, pellet gun or air rifle of any description in the city limits of the City of Rich Hill, Missouri, except on their own property, and shall not then fire or discharge such gun in any manner that would cause damage to any person or property.

(c)   No person shall explode or set off any thing containing powder, or other combustible or explosive material without permission from the Board of Aldermen in writing, which permission shall limit the time of such firing and shall be subject to be revoked by the Board of Aldermen at any time after it has been granted.

Section 2.  Possession, manufacture, transporting, repairing, selling of certain weapons

A person commits a crime if he knowingly possessed, manufactures, transports, repairs, or sells:

  1. 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.
  3. Knuckles

A person does not commit a crime under this section if his conduct:

  1. Was incident to the performance of official duty by the armed forces, national guard, a governmental law enforcement agency or a penal institution;
  2. Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in subsection (1) of this section;
  3. Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise;
  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.

Section 3 Defacing firearm

A person commits the crime of defacing a firearm if he knowingly defaces any firearm.

Section 4 Possession of defaced firearm

A person commits the crime of possession of a defaced firearm if he knowingly possesses a firearm, which is defaced.

Section 5 Unlawful transfer of weapons

A person commits the crime of unlawful transfer of weapons if he:

(1)    Knowingly sells, leases, loans, gives away or delivers a black jack to a person less than eighteen (18) years old without the consent of the child’ custodial parent or guardian, or recklessly, as defined in RSMo 562.016, sells, leases, loans gives away or delivers any firearm to a person less than eighteen (18) years old without the consent of the child’s custodial parent or guardian; provided, that this does not prohibit the delivery of such weapons to any peace officer or member of the armed forces or national guard while performing his official duty; or

(2)    Recklessly, as defined in RSMo 562.016, sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to a person who is intoxicated.

Section 6 Penalties

Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00 or by imprisonment not exceeding three months, or by both such fine and imprisonment.

If any minor child shall violate any of the provisions of this ordinance, the parent of such child shall be liable for the damage caused by such violation.

All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict.

This ordinance shall take effect and be in force from and after its passage and approval.

Read two times and passed this 11th day of February 2003.

Approved this 11th day of February 2003

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Robert Cope, Mayor

ATTEST:

___________________________________

Rose Entrikin, City Clerk

Ayes: Lees, Humble, Greco and Miller

Nays: None