1370 OFFENSE AGAINST PUBLIC PEACE AND ORDER

Bill No. 361                        Ordinance No 1370

AN ORDINANCE REGULATING OFFENSES AGAINST PUBLIC PEACEANDORDER

 

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

Article 1 Peace disturbance

(a)   A person commits the crime of peace disturbance if:

(1)  He unreasonably and knowingly disturbs or alarms another person or persons by:

(a)   Loud noise;

(b)  Offensive and indecent language which is likely to produce an immediate violent response from a reasonable recipient;

(c)   Threatening to commit a crime against any person;

(d)  Fighting;

(e)   Creating a noxious and offensive odor;

(2)  He is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:

(a)   Vehicular or pedestrian traffic; or

(b)  The free ingress or egress to or from a public or private place.

Article 2 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 or persons on the same premises by:

(1)            Threatening to commit a crime against any person; or

(2)          Fighting;

Article 3 Unlawful assembly.

A person commits the crime of unlawful assembly if he knowingly assembles with six (6) or more other persons and agrees with such persons to violate any criminal laws of this state or of theUnited Stateswith force or violence.

Article 4 Rioting

A person commits the crime of rioting if he knowingly assemble with six (6) or more other persons and agrees with such persons to violate any of the criminal laws of this state or of theUnited Stateswith force or violence, and thereafter, while still so assembled, does violate any of such laws with force or violence.

Article 5 Refusal to disperse.

A person commits the crime 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.

Article 5 Institutional vandalism.

A person commits the crime of institutional vandalism by knowingly vandalizing, defacing or otherwise damaging

(1)  Any church, synagogue or other building, structure or place used for religious worship or other religious purpose;

(2)  Any cemetery, mortuary, military monument or other facility used for the purpose of burial or memorializing the dead;

(3)  Any school, educational facility, community center, hospital or medical clinic owned and operated by a religious or sectarian group;

(4)  The grounds adjacent to, and owned or rented by, any, institution, facility, building, structure or place described in subsection (1), (2) or (3) of this section;

(5)  Any personal property contained in any institution, facility, building, structure or place described in subsection (1), (2), or (3) of this section.

Article 6 Curfew for minors

(a)        No person or persons under the age of seventeen years shall loiter, gather or assemble on the sidewalks, streets, alleys, or any other public property within the corporate limits of the City of Rich Hill, Missouri, after the hour of 11 o’clock p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday nor after the hour of 12 o’clock midnight on Friday or Saturday; provided, however, that nothing in this section shall apply to minors in the company of their parent or lawful guardian, nor to minors who are actually going to or returning to their homes from organized group activity.

(b)       No person or persons under the age of sixteen years of age shall loiter in the east or west park after sunset or 7:00 p.m. whichever is 1st; provided, however, that nothing in this section shall apply to minors in the company of their parent or lawful guardian nor to minors who are actually attending a organized group activity.

(c)        No parent nor any person having lawful custody of a child under the age of seventeen years shall permit or allow such child to violate the provisions of the preceding section.

Article 7 Disorderly conduct

Any person who shall do or engage in any of the following shall be deemed to be engaged in disorderly conduct:

(a)       Act in a violent or tumultuous manner toward another, whereby any person is placed in fear of safety of his life, limb or health;

(b)       Act in a violent or tumultuous manner toward another, whereby property of any person is placed in danger of being destroyed or damaged;

(c)       Endanger or interfere with the lawful pursuits of another by acts of violence, angry threats or abusive conduct;

(d)       Cause, provoke or engage in any fight, brawl or riotous conduct, including but not limited to the use of “fighting” words, resulting in any fight, brawl or riotous conduct, which may endanger the life, limb or health or property of another;

(e)       Assemble or congregate with another or others to cause, provoke or engage in any fight or brawl;

(f)        Jostle, roughly crowd or push any person in a public place in a non-accidental manner;

(g)       Act in any way that a reasonable person would consider dangerous;

(h)       Congregate with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic and refuse to clear such public way when ordered to do so by a peace officer or other lawful authority;

(i)        Accost or attempt to force his or her company upon any other person; attempt to pick up any other person or behave in a provocative or sexually suggestive manner toward another person;

(j)        Appear in public in a state of drunkenness which may cause alarm or fear to another; which may place any person in actual or possible physical danger; or which may place the property of any person in danger of being destroyed or damaged;

(k)       Interfere with the legal business operation of any individual, including but not limited to, blocking ingress or egress to a business establishment, making more than one (1) hang-up telephone call to the business telephone; causing any disturbance inside a place of business.

Article 8 Penalties

Any person, firm or corporation violating this Ordinance shall be guilty of a misdemeanor and upon conviction be fined in an amount of not less than one dollar ($1.00) and no more than five hundred dollars ($500.00) and the Court costs or be imprisoned or both.

All Ordinance or parts of Ordinances in conflict with this ordinance are hereby repealed.

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

1stReading9/13/11

Ayes: Becker, Perkey-Ewing, Kassner

Nays: None

Thurman abstained

2ndReading10/11/11

Ayes: Becker, Perkey-Ewing, Kassner, Thurman

Nays: None

Read two times and passed this 11th day of October 2011.

_________________________________

Jim Kithcart, Mayor

ATTEST:

_________________________________

Rose Entrikin, City Clerk

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