City Ordinance

Chapter 14

OFFENSES

Art. I. In General, §§ 14-1 – 14-20
Art. II. Offenses Against Public Administration, §§ 14-21 – 14-40
Art. III. Offenses Against the Person, §§ 14-41 – 14-55
Art. IV. Offenses Against Property, §§ 14-56 – 14-80
Art. V. Offenses Against Public Order, §§ 14-81 – 14-100
Art. VI. Offenses Against Public Safety, §§ 14-101 – 14-135
  Div. 1. Generally, §§ 14-101 – 14-115
  Div. 2. Weapons Offenses, §§ 14-116 – 14-135
Art. VII. Offenses Against Public Morals, §§ 14-136 – 14-155
  Div. 1. Generally, §§ 14-136 – 13-150
  Div. 2. Prostitution, §§ 14-151 – 14-155

*Cross references Any offense or act committed or done or any penalty or forfeiture incurred saved from repeal, § 1-8(1); police, Ch. 17; traffic and motor vehicles, Ch. 23.
State law reference-Municipal authority to enact police regulations, RSMo 77.570, 77.590; crimes and punishments generally, RSMo Ch. 556 et seq.; culpable mental status defined, applied, when not required, RSMo 562.016-562-026.

ARTICLE I. IN GENERAL

Sec. 14-1. Registration of hotel, etc., guests required.

It shall be unlawful for the owner, proprietor, manager or clerk of any hotel, motel, boarding house or rooming house in the city to permit any person to occupy any room in any hotel, motel, boarding house or rooming house under the management or control of such owner, proprietor, manager or clerk, unless such person has first registered his name in a suitable book or register kept for such purpose, and has furnished adequate proof of his identity.
(Code 1970, § 16-102)

Sec. 14-2. Hotel, etc., registration book to be kept.

The registration book or register of guests required by section 14-1 to be kept by the hotel, motel, boarding house or rooming house for a period of at least twelve (12) months.
(Code 1970, §§ 16-103).

Sec. 14-3. Hotel, etc., registration book open for inspection.

The registration book or register of guests required by section 14-1 to be kept by every hotel, motel, boarding house or rooming house in the city shall be kept open and made available for
inspection by all police officers. It shall be unlawful for the owner, proprietor, manager or clerk of such hotel, motel, boarding house or rooming house to refuse to allow or permit any police officer to inspect such registration book or register of guests.
(Code 1970, § 16-104)

Sec. 14-4. Harassment.

It shall be unlawful for a person, for the purpose of frightening or disturbing another person, to do any of the following:

(1) Call the victim on the phone or send the victim a written or electronic message in which the person threatens to commit a felony against the victim; or

(2) Call the victim on the phone or send him a written or electronic message in which the person uses coarse language that would be offensive to the average person; or

(3) Makes an anonymous phone call to the victim; or

(4) Makes repeated phone calls to the victim; or

(5) Sends repeated written or electronic messages to the victim.
(Ord. No. 2630, § 1, 3-25-91; Ord. No. 3876, § 1, 2-23-04)
Editor’s note-Ord. No. 2630, §, 1, adopted Mar. 25, 1991, did not specifically amend the Code; therefore, inclusion as § 14-4 was at the discretion of the editor.

Sec. 14-5. Placement of signs upon utility poles or city right-of–way; authorization to remove.

(a) It shall be unlawful to place, post or display any placard, sign or handbill upon utility poles or upon public right-of-way, other than signs placed by lawful governmental authority.

(b) Any person violating subsection (a) of this section shall upon conviction be subject to a fine not to exceed five hundred dollars ($500.00) and/or ninety (90) days in jail.

(c) Employees of the city are hereby authorized to remove and discard placards, signs and handbills that are found to be placed, posted or displayed in violaton of subsection (a) of this section.

(d) This section shall be in full force and effect on October 1, 1993.
(Ord. No. 2870, §§ 1-4, 8-23-93; Ord. No. 3732, § 1, 8-12-02)
Editor’s note-Ord. No. 2870, adopted Aug. 23, 1993, did not specifically amend this code; hence, codification of §§ 1-4 of said ordinance of § 14-5 herein was at the editor’s discretion.
Cross reference-Sign regulations, § 27-500.

Secs. 14-6 – 14-20. Reserved.

ARTICLE II. OFFENSES AGAINST PUBLIC ADMINISTRATION*

Sec. 14-21. Obstruction of officials.

It shall be unlawful for any person to willfully or knowingly do any of the following:

(a) Obstruct, resist, oppose or fail to obey a lawful command of any police officer or public official of the city;

(b) Obstruct, resist, oppose or interfere with the service of any legal writ, warrant, process, notice or order issued by any officer or official of the city;

(c) Harbor, conceal or aid in evasion of another or himself from apprehension, arrest, prosecution, conviction or punishment of any crime.
(Code 1970, §§ 4-20, 16-4, 16-5; Ord. No. 3492, § 1, 11-22-99)
State law references-Resisting or interfering with arrest, RSMo 575.150; interference with legal process, RSMo 575.160.

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*Cross references-Administration generally, Ch. 2; failure to appear upon arrest or summons, § 8-48.
State law references-Offenses against the administration of justice, RSMo Ch. 575; offenses affecting government, RSMo Ch. 576.

Sec. 14-22. False impersonation.

A person commits the offense of false impersonation if he:

(1) Falsely represents himself to be a public servant with purpose to induce another to submit to his pretended official authority or to rely upon his pretended official acts, and

a. Performs an act in that pretended capacity;

b. Causes another to act in reliance upon his pretended official authority; or

(2) Falsely represents himself to be a person licensed to practice or engage in any profession for which a license is required by the laws of this state with purpose to induce another to rely upon the representation, and

a. Performs an act in that pretended capacity;

b. Causes another to act in reliance upon the representation.
(Code 1970, § 16-38)

State law reference-Similar provisions, RSMo 575.120(1)

Sec. 14-23. False reports.

(a) A person commits the offense of making a false report if he knowingly;

(1) Gives false information to a law enforcement officer for the purpose of implicating another person in a crime;

(2) Makes a false report to a law enforcement officer that a crime has occurred or is about to occur;

(3) Makes a false report or causes a false report to be made to a law enforcement officer, security officer, fire department or other organization, official or volunteer, which deals with emergencies involving danger to life or property that a fire or other incident calling for an emergency response has occurred.

(b) It is a defense to a prosecution under subsection (a) that the actor retracted the false statement or report before the law enforcement officer or any other person took substantial action in reliance thereon.

(c) The defendant shall have the burden of injecting the issue of retraction under subsection (b).
(Code 1970, § 9-1)

State law reference-Similar provision, RSMo 575.080(1-3).

Sec. 14-24. Escape from custody.

A person commits the offense of escape from custody if, while being held in custody after arrest for any crime, he escapes from custody.
(Code 1970, § 16-2)
State law reference-Similar provisions, RSMo 575.200(1).

Sec. 14-25. Escape from confinement.

A person commits the offense of escape from confinement if, while being held in confinement after arrest for any crime, or while serving a sentence after conviction for any crime, he escapes from confinement.
(Code 1970, § 16-2)
State law reference-Similar provisions, RSMo 575.210(1).

Sec. 14-26. Aiding escape of a prisoner.

A person commits the offense of aiding escape of a prisoner if he:
(1) Introduces into any place of confinement any deadly weapon or dangerous instrument, or other thing adapted or designed for use in making an escape, with the purpose of facilitating the escape of any prisoner confined therein, or of facilitating the commission of any other crime;

(2) Assists or attempts to assist any prisoner who is being held in custody or confinement for the purpose of affecting the prisoner’s escape from custody or confinement.
State law reference-Similar provisions, RSMo 575.230(1)

Sec. 14-27. False or altered I.D.

It shall be unlawful for any person to:

(a) Display or to permit to be displayed, or to have in his possession, any license knowing the same to be fictitious or to have been canceled, suspended, revoked, disqualified or altered;

(b) Lend to or knowingly permit the use of by another any license issued to the person so lending or permitting the use thereof;

(c) Display or to represent as one’s own any license not issued to the person so displaying the same;

(d) Authorize or consent to any motor vehicle owned by him or under his control to be driven by any person, when he has knowledge that such person has no legal right to do so.
(Ord. No. 3493, § 11-22-99)

Secs. 14-28 – 14-40. Reserved.

ARTICLE III. OFFENSES AGAINST THE PERSON*

Sec. 14-41. Assault and battery.

A person commits the offense of assault and battery if he/she:

(1) Attempts to cause or recklessly causes physical injury to another person;

(2) With criminal negligence, causes physical injury to another person by means of a deadly weapon;

(3) Purposely places another person in apprehension of immediate physical injury;

(4) Recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; or

(5) Knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.
(Code 1970, § 16-3; Ord. No. 3155, § 1, 7-8-96; Ord. No. 3494, § 1, 11-22-99)
State law references-Municipal authority to restrain and prohibit assaults and batteries, RSMo77.570; assault in the third degree, RSMo 565.070.
State law reference-Offenses against the person, RSMo Ch. 565.

Sec. 14-42. Consent.

(a) When conduct is charged to constitute an offense because it causes or threatens physical injury, consent to that conduct or to the infliction of the injury is a defense only if:

(1) The physical injury consented to or threatened by the conduct is not serious physical injury;

(2) The conduct and the harm are reasonably foreseeable hazards of:

a. The victim’s occupation or profession;

b. Joint participation in a lawful athletic contest or competitive sport; or

(3) The consent establishes a justification for the conduct under RSMo Ch. 563.

(b) The defendant shall have the burden of injecting the issue of consent./p>

State law reference-Offenses against the person, RSMo Ch. 565.

State law reference-Similar provisions, RSMo 565.080.

Sec. 14-43. Domestic assault.

(a) It shall be unlawful for any person:

(1) To attempt to cause or recklessly cause physical injury to a family or household member; or

(2) With criminal negligence cause physical injury to a family or household member by means of a deadly weapon or dangerous instrument; or

(3) Purposely place a family or household member in apprehension of immediate physical injury by any means; or

(4) To recklessly engage in conduct which creates a grave risk of death or serious physical injury to a family member; or

(5) To knowingly cause physical contact with a family or household member knowing the other person will regard the contact as offensive; or

(6) To knowingly attempt to cause the isolation of a family or household member by unreasonably and substantially restricting or limiting such family or household member access to other persons, telecommunications devices or transportation for the purpose of isolation.

(b) As used in this section, a family or household member is defined as set forth in RSMo 455.010.
(Ord. No. 3563, § 1, 8-28-00; Ord. No. 3588, § 1, 11-13-00)

Secs. 14-44 – 14-55. Reserved.

ARTICLE IV. OFFENSES AGAINST PROPERTY*

Sec. 14- 56. Definitions.

The following words and phrases, when used in sections 14-57 to 14-50, shall have the meanings respectively ascribed to them:

Appropriate shall mean to take, obtain, use, transfer, conceal or retain possession of.

Coercion shall mean a threat, however communicated to:

(1) Commit any crime;

(2) Inflict physical injury in the future on the person threatened or another;

(3) Accuse any person of any crime;

(4) Expose any person to hatred, contempt or ridicule;
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*Cross references-Neglect and abuse of animals, § 5-71 et seq.; buildings and building regulations, Ch. 6.
State law references-Robbery, arson, burglary and related offenses, RSMo Ch. 569; stealing and related offenses, RSMo Ch. 570.

(5) Harm the credit or business repute of any person;

(6) Take or withhold action as a public servant, or to cause a public servant to take or withhold action;

(7) Inflict any other harm which would not benefit the actor. A threat of accusation, lawsuit or other invocation of official action is not coercion if the property sought to be obtained by virtue of the threat was honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation, exposure, lawsuit or other official action relates, or as compensation for property or lawful service. The defendant shall have the burden of injecting the issue of justification as to any threat.

Deceit shall mean purposely making a representation which is false and which the actor does not believe to be true and upon which the victim relies, as to a matter of fact, law, value, intention or other state of mind. The term “deceit” does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. Deception as to the actor’s intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise.

Deprive shall mean:

(1) To withhold property from the owner permanently;

(2) To restore property only upon payment of reward or other compensation;

(3) To use or dispose of property in a manner that makes recovery of the property by the owner unlikely.

Of another shall refer to property or services of any person other than the actor, who has a possessory or proprietary interest therein, except that property shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security arrangement.

Property shall mean anything of value, whether real or personal, tangible or intangible, in possession or in action, and shall include but not be limited to the evidence of a debt actually executed but not delivered or issued as a valid instrument.

Services shall mean and include transportation, telephone, electricity, gas, water, cable television services, or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions and use of vehicles.
Cross reference-Definitions and rules of construction generally, § 1-2.
State law reference-Similar definitions, RSMo 570.010.

Sec. 14.-57. Robbery.

(a) A person commits the offense of robbery when he forcibly steal property.

(b) As used in subsection (a), the term “forcibly steals” shall mean when, in the course of stealing, under section 14-58, a person uses or threatens the immediate use of physical force upon another person for the purpose of:

(1) Preventing an overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or

(2) Compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the theft.

(Code 1970, § 16-25)
State law reference-Similar provisions, RSMo 569.010(1), 569.030(1).

Sec. 14-58. Stealing.

(a) A person commits the offense of stealing if he appropriates property or services of another with the purpose to deprive him thereof, either without his consent or by means of deceit or coercion.

(b) Evidence of the following is admissible in any prosecution under this section on the issue of the requisite knowledge or belief of the alleged stealer:

(1) That he failed or refused to pay for property or services of a hotel, restaurant, inn or boardinghouse;

(2) That he gave in payment for property or services of a hotel, restaurant, inn or boardinghouse a check or negotiable paper on which payment was refused;

(3) That he left the hotel, restaurant, inn or boardinghouse with the intent to not pay for property or services;

(4) That he surreptitiously removed or attempted to remove his baggage from a hotel, inn or boardinghouse.

(Code 1970, § 16-21)
State law reference-Similar provisions, RSMo 570.030(1), (2).

Sec. 14-59. Lost property.

(a) A person who appropriates lost property shall not be deemed to have stolen that property within the meaning of section 14-58, unless the property is found under circumstances which gave the finder knowledge of or means of inquiry as to the true owner.

(b) The defendant shall have the burden of injecting the issue of lost property.
State law reference –Similar provisions, RSMo 570.060.

Sec. 14-60. Claim of right to allegedly stolen property.

(a) A person does not commit an offense under section 14-58 if, at the time of the appropriation, he:

(1) Acted in the honest belief that he had the right to do so;

(2) Acted in the honest belief that the owner, if present, would have consented to the appropriation.

(b) The defendant shall have the burden of injecting the issue of claim of right.
State law reference-Similar provisions, RSMo 570.070.

Sec. 14-61. Feigning blindness for profit.

A person commits the offense of feigning blindness for profit if he simulates blindness or pretends to be a blind person with the purpose of obtaining something of value from another person by deceit.
(Code 1970, § 18-3)
State law reference- Similar provisions, RSMo 578.075.

Sec. 14-62. Tampering.

A person commits the offense of tempering if he:

(1) For the purpose of causing a substantial interruption or impairment of a service, rendered to the public by a utility or by an institution providing health or safety protection, damages or tampers with property or facilities of such a utility or institution, and thereby causes substantial interruption or impairment of service;

(2) Knowingly receives, possesses, sells, alters, defaces, destroys or unlawfully operates or rides in or upon an automobile , airplane, motorcycle, motorboat or other motor-propelled vehicle without the consent of the owner thereof;

(3) Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another.
(Code 1970, §§ 16-24, 25-9)
State law reference-Similar provisions, RSMo 569.080(1), 569.090(1)(1), (1)(2).

Sec. 14-63. Property damage.

A person commits the offense of property damage if:

(1) He knowingly damages property of another;

(2) He damages property for the purpose of defrauding an insurer.
Code 1970, § 16-19)
State law reference-Similar provisions, RSMo 569.120(1).

Sec. 14-64. Claim of right to allegedly tampered, damaged property.

(a) A person does not commit an offense by damaging, tampering with, operating, riding in or upon, or making connection with or damaging property of another if he does so under a claim of right and has reasonable grounds to believe he has such a right.

(b) The defendant shall have the burden of injecting the issue of claim of right.
State law reference-Similar provisions, RSMo 569.130.

Sec. 14-65. Trespass.

A person commits the offense of trespass if he enters unlawfully or remains unlawfully upon the real property of another.
(Code 1970, § 16-20)
State law reference-Similar provisions, RSMo 569.150(1).

Secs. 14-66 – 14-80. Reserved.

ARTICLE V. OFFENSES AGAINST PUBLIC ORDER*

Sec. 14-81. Definitions.

(a) As used in section 14-82 and 14-83, the following words and phrases shall have the meanings respectively ascribed to them:

(1) Private property shall mean any place which at the time is not open to the public. It includes property which is owned publicly or privately.

(2) Property of another shall mean any property in which the actor does not have a possessory interest.

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*Cross reference-Civil emergencies, § 7-41 et seq.
State law reference-Offenses against public order, RSMo Ch. 574

(3) Public Place shall mean any place which at the time is open to the public. It includes property which is owned publicly or privately.

(b) If a building or structure is divided into separately occupied units, such units are separate premises.
Cross reference-Definitions and rules of construction generally, § 1-2.
State law reference-Similar definitions, RSMo 574.030.

Sec. 14-82. Disturbance of public peace.

A person commits the offense of disturbance of the public peace 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;

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

(3) He unreasonably and knowingly disturbs any religious assembly in the city, by any of the methods described in subsection (1) or (2), within or about a place of worship, so as to disturb the order or solemnity of the meeting therein.
(code 1970, §§ 16-37, 16-39, 16-40)
State law references-Municipal authority to restrain and prohibit disturbances of the peace, disturbance of religious and other lawful assemblies, RSMo 775.570; peace disturbance, RSMo 574.010.

Sec. 14-83. Disturbance of private peace.

A person commits the offense of disturbance of private peace if he is on private property and unreasonably and purposely causes alarm to another person on the same premises by:

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

(2) Fighting.
(Code 1970, §§ 16-37, 16-39)
State law reference-Similar provisions, RSMo 574.020(1).

Sec. 14-84. Unlawful assembly.

A person commits the offense of unlawful assembly if he knowingly assembles with six (6) or more other persons and agrees therewith to violate any of the provisions of this chapter, criminal laws of this state or of the United States with force or violence.
(Code 1970, § 16-41)
State law reference-Similar provisions, RSMo.574.040(1).

Sec. 14-85. Rioting.

A person commits the offense of rioting if he knowingly assembles with six (6) or more other persons and agrees therewith to violate any of the provisions of this chapter, criminal laws of this state or of the United States with force or violence, and thereafter, while still so assembled, does violate any of these laws with force or violence.
(Code 1970, § 16-46)
State law reference-Similar provisions, RSMo 574.050(1).

Sec. 14-86. Refusal to disperse.

A person commits the offense of refusal to disperse if, being present at the scene of an unlawful assembly, at the scene of a riot, or at the scene of a disturbance of the public peace, he knowingly fails or refuses to obey the lawful command of any law enforcement officer to depart from the scene of such unlawful assembly, riot or disturbance of the public peace.
(Ord. No. 2979, § 2, 11-9-92; Ord. No. 3635, § 1, 6-11-01)
Editor’s note-Section 1 of Ord. No. 2797, adopted Nov. 9, 1992, repealed § 14-86 in its entirety. Formerly, § 14-86 pertained to loitering and derived from §§ 16-69 and 16-70 of the 1970 Code. Section 2 of Ord.No. 2797 added a new § 14-86 as herein set out.

Sec. 14-87. Noise restrictions.

(a) The creation of any unreasonably loud, disturbing or unnecessary noise in the city is prohibited.

(b) The following acts, among others, are declared to be unreasonably loud, disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive:

(1) Vehicle horns, etc. The sounding of any horn or signal device on any streetcar, motorbus, motorized bicycle, motorcycle, automobile or other vehicle while not in motion on a public street or highway, except as a danger signal if another vehicle is approaching apparently out of control; or, if in motion, the excessive or prolonged sounding except as a danger signal, after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound, and the sounding of any such device for an unnecessary or unreasonable period of time.
Cross reference-Traffic and motor vehicles generally, Ch. 23.

(2) Playing radios, etc. The playing of any radio, phonograph or other musical instrument in such a manner or with such volume, particularly during the hours between 11:00p.m. and 7:00a.m., as to tend to annoy or disturb the quiet, comfort or repose of reasonable persons in any dwelling, hotel or other type of residence; provided that any such noise that can be distinctly heard at a distance of more than one hundred (100) feet from its source shall be deemed excessive.

(3) Animals. The keeping of any animal which, by causing frequent or long continued noise, shall tend to disturb the comfort and repose of any reasonable person in the vicinity; provided that any such noise that can be heard at a distance of more than one hundred (100) feet from its source shall be deemed excessive.
Cross reference-Animals generally, Ch. 4.

(4) Vehicular noise generally. The use of any automobile, motorcycle, motorized bicycle, streetcar or vehicle so out of repair, so loaded or in such manner as to create unreasonably loud and unnecessary grating, grinding, rattling or other noise.
Cross reference-Traffic and motor vehicles generally, Ch. 23.

(5) Steam whistles, etc. The blowing of any steam whistle attached to any stationary boiler, or any other whistle or siren, except to give notice of the time to begin or stop work or as a warning of danger, or the use of steam under pressure for cleaning purposes in any establishment between the hours of 10:00 p.m. and 7:00 a.m. when the windows of any such establishment are open.

(6) Exhausts, etc. The discharge into the open air of the blow down of any steam engine or of the exhaust of any stationary internal combustion engine, or motor vehicle, or of the escape valve from the unloader of any air compressor except through a muffler or other device which will effectively prevent loud or explosive noises there-from.
Cross reference-Traffic and motor vehicles, Ch. 23.

(7) Reserved.

(8) Noise in quiet zones. The creation of any unreasonable, excessive or unnecessary noise within one hundred fifty (150) feet of any portion of the grounds and premises on which is located a hospital or other institution reserved for the sick, or any church, court of record or any school or other institution of learning while in session, which unreasonably interferes with the proper functioning of any such place abovementioned; provided that conspicuous signs are placed in the public highways indicating the zones within which such noises are prohibited. The chief of police is hereby authorized and directed to cause to be placed as many signs as he may deem necessary to properly indicate such quiet zones and to call attention to the prohibition of excessive or unnecessary noises within such zones.

(9) Drums, loudspeakers, calling, etc. The use of any drum, loudspeaker or other instrument or device, unless a permit be obtained therefor from the chief of police, which permit shall specify the place where the device is to be used and the hours thereof; or the unnecessary calling with the voice for the purpose of attracting attention by the creation of noise or for advertising purposes between the hours of 9:30 p.m. and 8:00 a.m.
(Ord. No. 2253, § 10, 11-12-85)
State law reference-Municipal authority to restrain and prohibit noises, RSMo 77.560.

Sec. 14-88. Public affrays.

If any two (2) or more persons shall in any public place in this city, voluntarily or by agreement, engage in any fight or use any blows or violence towards each other, in any angry or quarrelsome manner or do each other any willful mischief; or if any person shall assault another and strike him in any public place to the terror or disturbance of others, the person or persons so offending shall be deemed guilty of a misdemeanor.
(Ord. No. 2294, § 1, 7-14-86)

Sec. 14-89. Disorderly conduct.

Any person who, commits any of the following acts shall be deemed to have committed the offense of disorderly conduct:
(1) Interferes with lawful pursuits of another by acts of violence, angry threats and abusive conduct;
(2) Frequents any public place with intent to obtain money from another by an illegal and fraudulent scheme, trick, artifice or device;
(3) Assembles with another or others for the purpose of engaging in any fraudulent scheme, device or trick to obtain any valuable thing in any place or from any person in the city, or to aid or abet therein;
(4) Assembles or congregates with another or others for the purpose of doing bodily hard to another;
(5) Congregates with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered by a peace officer or other lawful authority;
(6) Causes a disturbance in any bus or other public conveyance by running through it, climbing through windows or upon the seats, or otherwise annoying passengers or employees therein;
(7) Stands on sidewalks or street corners and makes insulting remarks to or about passing pedestrians or motorist or annoys such pedestrians or motorists in such a way as to disturb traffic flow or endanger public safety;
(8) Permits, allows or encourages another to commit any of the acts referenced herein on a premises owned or controlled by the person permitting, allowing or encouraging said conduct. (Ord. No. 3702, § 1, 2-11-02)

Sec. 14-90 – 14-100. Reserved.

ARTICLE VI. OFFENSES AGAINST PUBLIC SAFETY*

  DIVISION 1. GENERALLY

Sec. 14-101. Abandonment of dangerous containers.

(a) A person commits the offense of abandonment of dangerous containers if he abandons, discards, or knowingly permits to remain on a premises under his control, in a place accessible to children, any abandoned or discarded icebox, refrigerator, or other airtight or semiairtight container which has a capacity of one and one-half (1 ½ ) cubic feet or more and an opening of fifty (50) square inches or more and which has a door or lid equipped with a hinge, latch or other fastening device capable of securing the door or lid, without rendering the equipment harmless to human life by removing the hinges, latches or other hardware which may cause a person to be confined therein.

(b) Subsection (a) does not apply to an icebox, refrigerator or other airtight or simiairtight container located in that part of a building occupied by a dealer, warehouseman or repairman.

(c) The defendant shall have the burden of injecting the issue under subsection (b). (Code 1970, § 16-86) State law reference-Similar provisions, RSMo 577.100(1) – (3)

Secs. 14-102 – 14-115. Reserved.

  DIVISION 2. WEAPONS OFFENSES†

Sec. 14-116. Unlawful use of weapons.

(a) A person commits the offense of unlawful use of weapons if he knowingly:

(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use;

*Cross references- Alcoholic beverages generally, Ch. 3; driving while intoxicated, driving with excessive blood alcohol content, § 23-121 et seq. State law reference-Public safety offenses, RSMo Ch. 577.†State law reference-Weapons offenses, RSMo Ch. 571.

(2) Sets a spring gun;

(3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motor vehicle as defined in RSMo 302.010, or any building or structure used for the assembling of people;

(4) Exhibits, in the presence of one (1) or more persons, any weapon readily capable of lethal use in an angry or threatening manner;

(5) Possess or discharges a firearm or projectile weapon while intoxicated;

(6) Discharges a firearm within one hundred (100) yards of any occupied school house, courthouse, or church building;

(7) Discharges or shoots a firearm at a mark, at any object, or at random, on, along or across, a public highway or discharges or shoots a firearm into any outbuilding;

(8) 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 building owned or occupied by any agency of the federal government, state government, or political subdivision thereof;

(9) Discharges or shots a firearm at or from a motor vehicle, as defined in RSMo 302.010, discharges or shoots a firearm at any person, or at any other motor vehicle, or at any building or habitable structure, unless the person was lawfully acting in self-defense; or

(10)Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.

(b) Subsection (a) shall not apply to or affect any of the following:

(1) All state, county and municipal peace officers possessing the duty and power of arrest for violation of ordinances of counties or municipalities of the state, whether such officers are within or outside their jurisdiction or on or off duty, 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 persons, 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;

(6) Any federal probation officer;

(7) Any state probation or parole officer, including supervisors and members of the board of probation and parole;

(8) Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the board of police commissioners under RSMo 84.340; and

(9) Any coroner, deputy coroner, medical examiner, or assistant medical examiner.

(c) Subsections (a)(1), (5), (8) and (10) herein do not apply when the actor is transporting 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. Subsection (1) of subsection (a) of this section does not apply to any person twenty-one (21) years of age or older transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm in the passenger compartment of a motor vehicle is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his or her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subsection (a)(10) herein does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event.

(d) Subsections (a)(1), (8) and (10) herein shall not apply to any person who has a valid concealed carry endorsement issued pursuant to RSMo 571.094 or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state.

(e) Subsections (a)(3) through (10) herein shall not apply to persons who are engaged in a lawful act of defense pursuant to RSMo 563.031.

(f) Nothing in this section shall make it unlawful for a student to actually participate in school-sanctioned gun safety courses, student military or ROTC courses, or other school-sponsored firearm-related events, provided the student does not carry a firearm or other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any other function or activity sponsored or sanctioned by school officials or the district school board. (Ord. No. 3889, § 1, 3-22-04)
Editor’s note-Ord. No. 3889, § 1, adopted Mar. 22, 2004, repealed the former § 14-116, and enacted a new § 14-116 as set out herein. The former § 14-116, pertained to carrying concealed weapon on person prohibited and derived from Code 1970, § 16-83; Ord. No. 2253, § 2, adopted Nov. 12, 1985.
State law reference-Municipal authority to regulate, restrain and prevent discharge of firearms, RSMo 77.570.

Sec. 14-117. Concealed weapons.

(a)No person shall carry concealed firearms into:

(1) Any police, sheriff, or highway patrol office or station without the consent of the chief law enforcement officer in charge of that office or station. Possession of a firearm in a vehicle on the premises of the office or station shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. The chief of police is hereby designated as the chief law enforcement officer for the city for the purposes of this section.

(2)Within twenty-five (25) feet of any polling place on any election day. Possession of a firearm in a vehicle on the premises of the polling place shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(3)The facility of any adult or juvenile detention or correctional institution, prison or jail. Possession of a firearm in a vehicle on the premises of any adult, juvenile detention, or correctional institution, prison or jail shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(4)Any courthouse or facility solely occupied by the circuit, appellate or supreme court, or any courtrooms, administrative offices, libraries or other rooms of any such court whether or not such court solely occupies the building in question or whether such location is temporary or permanent. This rule shall not apply to peace officers serving the court.

(5)Any meeting of the city council, except that nothing in this subdivision shall preclude a member of the city council, holding a valid concealed carry endorsement from carrying a concealed firearm at a meeting of the city council. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(6)Any portion of any building owned, leased or controlled by the city or any of its subunits, excepting however:

a. Public housing owned by the city;

b. Highways or rest areas;

c. Firing ranges;

d. Private dwellings owned by the city.

Persons violating this section shall be denied entrance to the building, ordered to leave the building and if employees of the unit of government, be subjected to disciplinary measures for violation of this section. All buildings covered by this restriction shall be clearly identified by signs posted at the entrance to the restricted area.

(7)Any establishment licensed to dispense intoxicating liquor or nonintoxicating beer for consumption on the premises, which portion is primarily devoted to that purpose without the consent of the owner or manager. The provisions of this subdivision shall not apply to any bona fide restaurant open to the general public having dining facilities for not less than fifty (50) persons and that receives at least fifty-one (51) percent of its gross annual income from the dining facilities by the sale of food. This subdivision does not prohibit the possession of a firearm in a vehicle on the premises of the establishment and shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. Nothing in this subsection authorizes any individual who has been issued a concealed carry endorsement to possess any firearm while intoxicated.

(8) Any area of an airport to which access is controlled by the inspection of persons and property. Possession of a firearm in a vehicle on the premises of the airport shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(9) Any place where the carrying of a firearm is prohibited by federal law.

(10)Any higher education institution or elementary or secondary school facility without the consent of the governing body of the higher education institution or a school official or the district school board. Possession of a firearm in a vehicle on the premises of any higher education institution or elementary or secondary school facility shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(11)Any portion of a building used as a child care facility without the consent of the manager. Nothing in this subsection shall prevent the operator of a child care facility in a family home from owning or possessing a firearm or a driver’s license or nondriver’s license containing a concealed carry endorsement.

(12)Any gated area of an amusement park. Possession of a firearm in a vehicle on the premises of the amusement park shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(13)Any church or other place of religious worship without the consent of the minister or person or persons representing the religious organization that exercises control over the place of religious worship. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(14)Any private property whose owner has posted the premises as being off-limits to concealed firearms by means of one (1) or more signs displayed in a conspicuous place of a minimum size of eleven (11) inches by fourteen (14) inches with the writing thereon in letters of not less than one (1) inch. The owner, business or commercial lessee, manager of a private business enterprise, or any other organization, entity, or person may prohibit persons holding a concealed carry endorsement from carrying concealed firearms on the premises and may prohibit employees, not authorized by the employer, holding a concealed carry endorsement from carrying concealed firearms on the property of the employer. If the building or the premises are open to the public, the employer of the business enterprise shall post signs on or about the premises if carrying a concealed firearm is prohibited. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. An employer may prohibit employees or other persons holding a concealed carry endorsement from carrying a concealed firearm in vehicles owned by the employer.

(15)Any sports arena or stadium with a seating capacity of five thousand (5,000) or more. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(16)Any hospital accessible by the public. Possession of a firearm in a vehicle on the premises of a hospital shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

(b) No city employee, except police officers and such other persons as may be authorized by the city manager, shall carry any weapon, as defined in section 14-116 on city property or in any city vehicle.

(c) Carrying of a concealed firearm in a location prohibited by this section by any individual who holds concealed carry endorsement issued pursuant to this section shall not be a criminal act but may subject the person to denial to the premises or removal from the premises. If such person refuses to leave the premises and a peace officer is summoned, such person may be issued a citation for an amount not to exceed one hundred dollars ($100.00) for the first offense. If a second citation for a similar violation occurs within a six-month period, such person shall be fined an amount not to exceed two hundred dollars ($200.00). If a third citation for a similar violation is issued within one (1) year of the first citation such person shall be fined an amount not to exceed five hundred dollars ($500.00). Upon conviction of charges arising from a citation issued pursuant to this subsection, the court shall notify the sheriff of the county which issued the certificate of qualification for a concealed carry endorsement and the department of revenue.

(Ord. No. 3889, § 2, 3-22-04)
Editor’s note – Ord. No. 3889, § 2, adopted Mar. 22, 2004, repealed the former § 14-117, and enacted a new § 14-117 as set out herein. The former § 14-117 pertained to discharge of firearms and air guns prohibited and derived from Code 1970, § 16-84.
State law reference – Municipal authority to prohibit carrying concealed weapons, RSMo 77.580.

Sec. 14-118. Physicians to report gunshot or other wounds.

It shall be the duty of every physician, surgeon or other person attending, treating or prescribing for any person in the city, or who resides in the city, for wound, ailment or condition caused by gun or pistol shot or knife, dagger or other instrument, within twenty-four (24) hours after the inception of such treatment to report in writing to the chief of police, giving the name, age, residence (street and number), race and sex of such person, and the date of such wound or condition treated, together with the character of such injury.

Sec. 14-119 – 14-135. Reserved.

   DIVISION 1. GENERALLY

Sec. 14-136. Sexual abuse.

(a) A person commits the offense of sexual abuse if he:

(1) Subjects another person to whom he is not married to sexual contact, when the other person is incapacitated or less than thirteen (13) years old;

(2) Subjects another person to whom he is not married to sexual contact without that person’s consent.

(b) As used in subsection (a), the term “sexual contact” means any touching of the genitals or anus of any person, or the breast of any female person, or any such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person.

(c) Spouses living apart pursuant to a judgment of legal separation are “not married” to each other for the purposes of subsection (a).
(Code 1970, § 16-58)

State law reference – Similar provisions, RSMo 566.010(1)(3), (2), 566.110(1), 566,120(1).

Sec. 14-137. Window peeping prohibited.

It shall be unlawful for any person within the city to be found to be loitering on or about the abode or residence of another, engaged in peeping or peering into the window thereof, viewing and observing, or attempting to view and observe the private actions of the occupants thereof.
(Code 1970, §16-72)

Sec. 14-138. Indecent exposure.

A person commits the offense of indecent exposure if that person knowingly exposes:

(a) His or her genitals in a public place; or

(b) His or her buttocks or anus in a public place; or

(c) In the case of a female, her breasts below the areola in a public area.

As used in this section only, “public area” means any location accessible to the general public, regardless of age restrictions applicable to that area, or any private property when a person is present in such a location as to be readily viewed by persons in an area accessible to the general public, regardless of age restrictions to that location. Nothing in this section shall apply to an entertainer in a licensed adult entertainment business under chapter 2.5 of this Code.
(Code 1970, § 16-57; Ord. No. 3709, § 1, 4-8-02)

State law reference – Similar provision, RSMo 566.130(1).

Sec. 14-139. Urinating.

It shall be unlawful for any person in this city to urinate in any public location in such a fashion that his conduct may be viewed from a street, sidewalk or alley.
(Ord. No. 2704, § 1, 11-25-91)

Secs. 14-140 – 14-150. Reserved.

   DIVISION 2. PROSTITUTION*

Sec. 14-151. Definitions.

The following words and phrases, when used in this division, shall have the meanings respectively ascribed to them:

Patronizing prostitution shall occur if:

(1) Pursuant to a prior understanding, a person gives something of value to another person as compensation for that person or a third person having engaged in sexual conduct with him or with another;
(2) A person gives or agrees to give something of value to another person on an understanding that in return therefor that person or a third person will engage in sexual conduct with him or with another;
(3) A person solicits or requests another person to engage in sexual conduct with him or with another, or to secure a third person to engage in sexual conduct with him or with another, in return for something of value.

Prostitution shall occur if a person engages or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by the person or by a third person.

Sexual conduct shall occur when there is:

(1)Sexual intercourse, which means any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results;

(2)Deviate sexual intercourse, which means any sexual act involving the genitals of one person and the mouth, tongue or anus of another person;

(3)Sexual contact, which means any touching, manual or otherwise, of the anus or genitals of one person by another, done for the purpose of arousing or gratifying sexual desire of either party.
*State law reference-Prostitution, RSMo Ch. 567.

Something of value shall mean any money or property, or an token, object or article exchangeable for money or property.
Cross reference – Definitions and rules of construction generally, § 1-2.
State law reference-Similar definitions, RSMo 567.101(2) – (5).

Sec. 14-152. Prostitution.

A person commits the offense of prostitution if he performs an act of prostitution.
(Code 1970, § 16-60)
State law reference-Similar provisions, RSMo 567.030(1).

Sec. 14-153. Patronizing prostitution.

Sec. 14-154. Sex of parties no defense.

In any prosecution for prostitution or patronizing prostitution the sex of the parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that:

(1) Both persons were of the same sex;

(2) The person who received, agreed to receive or solicited something of value was a male and the person who gave or agreed or offered to give something of value was a female.
State law reference-Similar provisions, RSMo 567.040.

Sec. 14-155. Prostitution establishments declared public nuisances.

(a) Any room, building or other structure regularly used for sexual contact for pay or any unlawful prostitution activity prohibited by this division is a public nuisance.

(b) The city attorney may, in addition to all sanctions available under this Code, prosecute a suit in equity to enjoin the nuisance. If the court having jurisdiction find that the owner of the room, building or structure knew or had reason to believe that the premises were being used regularly for sexual contact for pay or unlawful prostitution activity, it may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one (1) year.

(c) All persons, including owners, lessees, officers, agents, inmates or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance, and they may be enjoined from engaging in any sexual contact for pay or unlawful prostitution activity anywhere within the jurisdiction of the court hearing the case.

(d)Appeals shall be allowed from the judgment of the court having jurisdiction over the case as in other civil actions.
Cross reference-Nuisances generally, Ch. 13.

State law reference-Similar provisions, RSMo 567.080.