CHAPTER 220: NUISANCES

Cross ReferencesAs to dangerous buildings as a nuisance, see ch. 505; as to

prostitution houses deemed a nuisance, see §215.470.

ARTICLE I. GENERALLY

Section 215.005.  Definitions.

In this Chapter, unless the context requires a different definition, the following shall apply: 

AFFIRMATIVE DEFENSE — Has the meaning specified in Section 556.056, RSMo.  

BURDEN OF INJECTING THE ISSUE — Has the meaning specified in Section 556.051, RSMo.  

COMMERCIAL FILM AND PHOTOGRAPHIC PRINT PROCESSOR — Any person who develops exposed photographic film into negatives, slides or prints or who makes prints from negatives or slides for compensation. The term "commercial film and photographic print processor" shall include all employees of such persons but shall not include a person who develops film or makes prints for a public agency.  

CONFINEMENT  

1.      A person is in confinement when he/she is held in a place of confinement pursuant to arrest or order of a court and remains in confinement until:  

a.      A court orders his/her release;  

b.      He/she is released on bail, bond or recognizance, personal or otherwise; or  

c.      A public servant having the legal power and duty to confine him/her authorizes his/her release without guard and without condition that he/she return to confinement.    

2.      A person is not in confinement if:  

a.      He/she is on probation or parole, temporary or otherwise; or  

b.      He/she is under sentence to serve a term of confinement which is not continuous, or is serving a sentence under a work-release program, and in either such case is not being held in a place of confinement or is not being held under guard by a person having the legal power and duty to transport him/her to or from a place of confinement.      

CONSENT — Consent or lack of consent may be expressed or implied. Assent does not constitute consent if:  

1.      It is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such mental incapacity is manifest or known to the actor;  

2.      It is given by a person who by reason of youth, mental disease or defect, or intoxication is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or  

3.      It is induced by force, duress or deception.    

CRIMINAL NEGLIGENCE — Has the meaning specified in Section 562.016, RSMo.  

CUSTODY — A person is in custody when he/she has been arrested but has not been delivered to a place of confinement.  

DANGEROUS FELONY — The felonies of arson in the first degree, assault in the first degree, attempted forcible rape if physical injury results, attempted forcible sodomy if physical injury results, forcible rape, forcible sodomy, kidnapping, murder in the second degree, assault of a law enforcement officer in the first degree, domestic assault in the first degree, elder abuse in the first degree, robbery in the first degree, statutory rape in the first degree when the victim is a child less than twelve years of age at the time of the commission of the act giving rise to the offense, statutory sodomy in the first degree when the victim is a child less than twelve years of age at the time of the commission of the act giving rise to the offense, and abuse of a child pursuant to Subdivision (2) of Subsection 3 of Section 568.060, RSMo.  

DANGEROUS INSTRUMENT — Any instrument, article or substance which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury.  

DEADLY WEAPON — Any firearm, loaded or unloaded, or any weapon from which a shot, readily capable of producing death or serious physical injury, may be discharged, or a switchblade knife, dagger, billy, blackjack or metal knuckles.  

FELONY — Has the meaning specified in Section 556.016, RSMo.  

FORCIBLE COMPULSION — Means either:  

1.      Physical force that overcomes reasonable resistance; or  

2.      A threat, express or implied, that places a person in reasonable fear of death, serious physical injury, or kidnapping of himself/herself or another person.    

INCAPACITATED — That physical or mental condition, temporary or permanent, in which a person is unconscious, unable to appraise the nature of his/her conduct, or unable to communicate unwillingness to an act. A person is not "incapacitated" with respect to an act committed upon him/her if he/she became unconscious, unable to appraise the nature of his/her conduct, or unable to communicate unwillingness to an act, after consenting to the act.  

INFRACTION — Has the meaning specified in Section 556.021, RSMo.  

INHABITABLE STRUCTURE — Has the meaning specified in Section 569.010, RSMo.  

KNOWINGLY — Has the meaning specified in Section 562.016, RSMo.  

LAW ENFORCEMENT OFFICER — Any public servant having both the power and duty to make arrests for violations of the laws of this State, and Federal Law Enforcement Officers authorized to carry firearms and to make arrests for violations of the laws of the United States.  

MISDEMEANOR — Has the meaning specified in Section 556.016, RSMo.  

OFFENSE — Any felony, misdemeanor or infraction.  

PHYSICAL INJURY — Physical pain, illness, or any impairment of physical condition.  

PLACE OF CONFINEMENT — Any building or facility and the grounds thereof wherein a court is legally authorized to order that a person charged with or convicted of a crime be held.  

POSSESS or POSSESSED — Having actual or constructive possession of an object with knowledge of its presence. A person has actual possession if he/she has the object on his/her person or within easy reach and convenient control. A person has constructive possession if he/she has the power and the intention at a given time to exercise dominion or control over the object either directly or through another person or persons. Possession may also be sole or joint. If one (1) person alone has possession of an object, possession is sole. If two (2) or more persons share possession of an object, possession is joint.  

PUBLIC SERVANT — Any person employed in any way by a government of this State who is compensated by the government by reason of his/her employment, any person appointed to a position with any government of this State, or any person elected to a position with any government of this State. It includes, but is not limited to, legislators, jurors, members of the judiciary and Law Enforcement Officers. It does not include witnesses.  

PURPOSELY — Has the meaning specified in Section 562.016, RSMo.  

RECKLESSLY — Has the meaning specified in Section 562.016, RSMo.  

RITUAL or CEREMONY — An act or series of acts performed by two (2) or more persons as part of an established or prescribed pattern of activity.  

SERIOUS EMOTIONAL INJURY — An injury that creates a substantial risk of temporary or permanent medical or psychological damage manifested by impairment of a behavioral, cognitive or physical condition. "Serious emotional injury" shall be established by testimony of qualified experts upon the reasonable expectation of probable harm to a reasonable degree of medical or psychological certainty.  

SERIOUS PHYSICAL INJURY — Physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.  

SEXUAL CONDUCT — Acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification.  

SEXUAL CONTACT — 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.  

SEXUAL PERFORMANCE — Any performance, or part thereof, which includes sexual conduct by a child who is less than seventeen (17) years of age.  

VOLUNTARY ACT — Has the meaning specified in Section 562.011, RSMo.    

ARTICLE II. ABANDONED PROPERTY

Section 215.010.  Assault. 

A.     A person commits the offense of assault if: 

1.      The person attempts to cause or recklessly causes physical injury to another person; 

2.      With criminal negligence the person causes physical injury to another person by means of a deadly weapon; 

3.      The person purposely places another person in apprehension of immediate physical injury; 

4.      The person recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; 

5.      The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative; or 

6.      The person knowingly causes physical contact with an incapacitated person, as defined in Section 475.010, RSMo., which a reasonable person, who is not incapacitated, would consider offensive or provocative.     

Section 215.015.  Domestic Assault. [1] 

A.     A person commits the offense of domestic assault if the act involves a family or household member or an adult who is or has been in a continuing social relationship of a romantic or intimate nature with the actor, as defined in Section 455.010, RSMo.; and 

1.      The person attempts to cause or recklessly causes physical injury to such family or household member; 

2.      With criminal negligence the person causes physical injury to such family or household member by means of a deadly weapon or dangerous instrument; 

3.      The person purposely places such family or household member in apprehension of immediate physical injury by any means; 

4.      The person recklessly engages in conduct which creates a grave risk of death or serious physical injury to such family or household member; 

5.      The person knowingly causes physical contact with such family or household member knowing the other person will regard the contact as offensive; or 

6.      The person knowingly attempts to cause or causes the isolation of such family or household member by unreasonably and substantially restricting or limiting such family or household member's access to other persons, telecommunication devices, or transportation for the purpose of isolation.      

Section 215.020.  Assault of a Law Enforcement Officer. 

A.     A person commits the offense of assault of a Law Enforcement Officer or emergency personnel if: 

1.      Such person attempts to cause or recklessly causes physical injury to a Law Enforcement Officer or emergency personnel; 

2.      With criminal negligence such person causes physical injury to a Law Enforcement Officer or emergency personnel by means of a deadly weapon; 

3.      Such person purposely places a Law Enforcement Officer or emergency personnel in apprehension of immediate physical injury; 

4.      With criminal negligence such person creates a grave risk of death or serious physical injury to a Law Enforcement Officer or emergency personnel; or 

5.      Such person knowingly causes or attempts to cause physical contact with a Law Enforcement Officer or emergency personnel without the consent of the Law Enforcement Officer or emergency personnel.   

B.     As used in this Section, emergency personnel means any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician as defined in subdivisions (15), (16), and (17) of Section 190.100 RSMo.   

Section 215.030.  Harassment. 

A.     A person commits the offense of harassment if for the purpose of frightening or disturbing another person he/she: 

1.      Communicates in writing or by telephone a threat to commit any felony; 

2.      Makes a telephone call or communicates in writing and uses coarse language offensive to one of average sensibility; 

3.      Makes a telephone call anonymously; or 

4.      Makes repeated telephone calls.     

Section 215.040.  False Imprisonment. [2] 

A person commits the offense of false imprisonment if he/she knowingly restrains another unlawfully and without consent so as to interfere substantially with his/her liberty. 

Section 215.050.  Endangering the Welfare of a Child. [3] 

A.     A person commits the offense of endangering the welfare of a child if: 

1.      He/she with criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen (17) years old; 

2.      He/she knowingly encourages, aids or causes a child less than seventeen (17) years old to engage in any conduct which causes or tends to cause the child to come within the provisions of Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.; 

3.      Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years old, he/she recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him/her from coming within the provisions of Paragraph (c) of Subdivision (1) of Subsection (1) or Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.; or 

4.      He/she knowingly encourages, aids or causes a child less than seventeen (17) years of age to enter into any room, building or other structure which is a public nuisance as defined in Section 195.130, RSMo.   

B.     Nothing in this Section shall be construed to mean the welfare of a child is endangered for the sole reason that he/she is being provided non-medical remedial treatment recognized and permitted under the laws of this State.   

Section 215.055.  Leaving a Child Unattended in a Motor Vehicle. [4] 

A.     Definitions.  As used in this Section, the following terms shall have these prescribed meanings: 

COLLISION — The act of a motor vehicle coming into contact with an object or a person.  

INJURY — Physical harm to the body of a person.  

MOTOR VEHICLE — Any automobile, truck, truck-tractor, or any motor bus or motor-propelled vehicle not exclusively operated or driven on fixed rails or tracks.  

UNATTENDED — Not accompanied by an individual fourteen (14) years of age or older.  

B.     A person commits the offense of leaving a child unattended in a motor vehicle if such person knowingly leaves a child ten (10) years of age or less unattended in a motor vehicle and such child injures another person by causing a motor vehicle collision or by causing the motor vehicle to injure a pedestrian, such person shall be guilty of a misdemeanor.    


[1].  Note — Under certain circumstances this offense can be a felony under state law.

[2].  Note — Under certain circumstances this offense can be a felony under state law.

[3].  Note — Under certain circumstances this offense can be a felony under state law.

[4].  Note — Under certain circumstances this offense can be a felony under state law. 

ARTICLE III. TRASH, WEEDS, HIGH GRASS OR OTHER VEGETATION

Section 215.060.  Concealing an Offense. [1] 

A.     A person commits the offense of concealing an offense if: 

1.      He/she confers or agrees to confer any pecuniary benefit or other consideration to any person in consideration of that person's concealing of any offense, refraining from initiating or aiding in the prosecution of an offense, or withholding any evidence thereof; or 

2.      He/she accepts or agrees to accept any pecuniary benefit or other consideration in consideration of his/her concealing any offense, refraining from initiating or aiding in the prosecution of an offense, or withholding any evidence thereof.     

Section 215.061.  Attempted Offenses. [Ord. No. 136 §75.350, 2-10-1992]

A person commits this offense when that person engages in conduct that was a substantial step toward the commission of a crime or offense or engages in conduct for the purpose of committing a crime or offense. 

Section 215.062.  Conspiracy. [Ord. No. 137 §75.340, 2-10-1992]

A person commits this offense when that person, with the purpose of promoting and/or facilitating an offense or crime, agrees with another person that one (1) or more of them, or another person, would commit or attempt to commit an offense or crime. 

Section 215.063.  Violation of Adult Abuse Order. [Ord. No. 124 §75.320, 12-10-1990]

A person commits an offense when having actual knowledge of, or having been personally served with a copy of an order of any court which restrains him/her from contact with another person or from an other action, that person does violate the order in any way. 

Section 215.070.  Hindering Prosecution. [2] 

A.     A person commits the offense of hindering prosecution if for the purpose of preventing the apprehension, prosecution, conviction or punishment of another for conduct constituting a crime he/she: 

1.      Harbors or conceals such person; 

2.      Warns such person of impending discovery or apprehension, except this does not apply to a warning given in connection with an effort to bring another into compliance with the law; 

3.      Provides such person with money, transportation, weapon, disguise or other means to aid him/her in avoiding discovery or apprehension; or 

4.      Prevents or obstructs, by means of force, deception or intimidation, anyone from performing an act that might aid in the discovery or apprehension of such person.     

Section 215.080.  Refusal to Identify as a Witness.

A person commits the offense of refusal to identify as a witness if, knowing he/she has witnessed any portion of a crime, or of any other incident resulting in physical injury or substantial property damage, upon demand by a Law Enforcement Officer engaged in the performance of his/her official duties, he/she refuses to report or gives a false report of his/her name and present address to such officer. 

Section 215.090.  Disturbing a Judicial Proceeding.

A person commits the offense of disturbing a judicial proceeding if, with purpose to intimidate a judge, attorney, juror, party or witness, and thereby to influence a judicial proceeding, he/she disrupts or disturbs a judicial proceeding by participating in an assembly and calling aloud, shouting, or holding or displaying a placard or sign containing written or printed matter concerning the conduct of the judicial proceeding or the character of a judge, attorney, juror, party or witness engaged in such proceeding, or calling for or demanding any specified action or determination by such judge, attorney, juror, party or witness in connection with such proceeding. 

Section 215.100.  Tampering With a Witness — Tampering With a Victim. [3] 

A.     A person commits the offense of tampering with a witness if, with purpose to induce a witness or a prospective witness in an official proceeding to disobey a subpoena or other legal process, or to absent himself/herself or avoid subpoena or other legal process, or to withhold evidence, information or documents, or to testify falsely, he/she: 

1.      Threatens or causes harm to any person or property; 

2.      Uses force, threats or deception; 

3.      Offers, confers or agrees to confer any benefit, direct or indirect, upon such witness; or 

4.      Conveys any of the foregoing to another in furtherance of a conspiracy.   

B.     A person commits the offense of "victim tampering" if, with purpose to do so, he/she prevents or dissuades or attempts to prevent or dissuade any person who has been a victim of any crime or a person who is acting on behalf of any such victim from: 

1.      Making any report of such victimization to any Peace Officer or State, local or Federal Law Enforcement Officer or prosecuting agency or to any judge; 

2.      Causing a complaint, indictment or information to be sought and prosecuted or assisting in the prosecution thereof; or 

3.      Arresting or causing or seeking the arrest of any person in connection with such victimization.     

Section 215.110.  Improper Communication.

A person commits the offense of improper communication if he/she communicates, directly or indirectly, with any juror, special master, referee or arbitrator in a judicial proceeding, other than as part of the proceedings in a case, for the purpose of influencing the official action of such person. 

Section 215.120.  False Impersonation. 

A.     A person commits the offense of false impersonation if he/she: 

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

a.      Performs an act in that pretended capacity; or 

b.      Causes another to act in reliance upon his/her pretended official authority.   

2.      Falsely represents himself/herself 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 such representation, and 

a.      Performs an act in that pretended capacity; or 

b.      Causes another to act in reliance upon such representation.       

Section 215.130.  False Reports. 

A.     A person commits the offense of making a false report if he/she knowingly: 

1.      Gives false information to any person for the purpose of implicating another person in a crime or offense; 

2.      Makes a false report to a Law Enforcement Officer that a crime or offense has occurred or is about to occur; or 

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 or is about to occur.   

B.     It is a defense to a prosecution under Subsection (A) of this Section 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) of this Section.   

Section 215.140.  Resisting or Interfering With Arrest, Detention or Stop. [4] 

A.     A person commits the offense of resisting or interfering with arrest, detention or stop if, knowing that a Law Enforcement Officer is making an arrest or attempting to lawfully detain or stop an individual or vehicle, or the person reasonably should know that a Law Enforcement Officer is making an arrest or attempting to lawfully detain or lawfully stop an individual or vehicle, for the purpose of preventing the officer from effecting the arrest, stop or detention, the person: 

1.      Resists the arrest, stop or detention of such person by using or threatening the use of violence or physical force or by fleeing from such officer; or 

2.      Interferes with the arrest, stop or detention of another person by using or threatening the use of violence, physical force or physical interference.   

B.     This Section applies to arrests, stops or detentions with or without warrants and to arrests, stops or detentions for any crime, infraction or ordinance violation. 

C.     A person is presumed to be fleeing a vehicle stop if that person continues to operate a motor vehicle after that person has seen or should have seen clearly visible emergency lights or has heard or should have heard an audible signal emanating from the law enforcement vehicle pursuing that person. 

D.     It is no defense to a prosecution under Subsection (A) of this Section that the Law Enforcement Officer was acting unlawfully in making the arrest. However, nothing in this Section shall be construed to bar civil suits for unlawful arrest.   

Section 215.150.  Escape or Attempted Escape From Custody. [5] 

A person commits the offense of escape from custody or attempted escape from custody if, while being held in custody after arrest for any crime or offense, he/she escapes or attempts to escape from custody.  

ARTICLE IV

Offenses Concerning Public Safety

Section 215.160.  Abandonment of Airtight or Semi-Airtight Containers. 

A.     A person commits the offense of abandonment of airtight icebox if he/she abandons, discards or knowingly permits to remain on premises under his/her 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 (1½) cubic feet or more and an opening of fifty (50) 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 rendering such equipment harmless to human life by removing such hinges, latches or other hardware which may cause a person to be confined therein. 

B.     Subsection (A) of this Section does not apply to an icebox, refrigerator or other airtight or semi-airtight 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) of this Section.   

Section 215.170.  Littering.

A person commits the offense of littering if he/she throws or places, or causes to be thrown or placed, any glass, glass bottles, wire, nails, tacks, hedge, cans, garbage, trash, refuse or rubbish of any kind, nature or description on the right-of-way of any public road or State highway or on or in any of the waters in this City or on the banks of any stream, or on any land or water owned, operated or leased by the State, any board, department, agency or commission thereof or on any land or water owned, operated or leased by the Federal Government or on any private real property owned by another without his/her consent. 

Section 215.180.  Littering Via Carcasses. 

A.     If any person or persons shall put any dead animal, carcass or part thereof, the offal or any other filth into any well, spring, brook, branch, creek, pond or lake, every person so offending shall, on conviction thereof, be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). 

B.     If any person shall remove or cause to be removed and placed in or near any public road or highway, or upon premises not his/her own, or in any river, stream or watercourse any dead animal, carcass or part thereof, or other nuisance to the annoyance of the citizens of this City, or any of them, every person so offending shall, upon conviction thereof, be fined for every offense not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), and if such nuisance be not removed within three (3) days thereafter, it shall be deemed a second (2nd) offense against the provisions of this Section.   

Section 215.190.  Corrupting or Diverting Water Supply.

Whoever willfully or maliciously poisons, defiles or in any way corrupts the water of a well, spring, brook or reservoir used for domestic or municipal purposes, or whoever willfully or maliciously diverts, dams up and holds back from its natural course and flow any spring, brook or other water supply for domestic or municipal purposes, after said water supply shall have once been taken for use by any person or persons, corporation, Town or City for their use, shall be adjudged guilty of an ordinance violation and punished by a fine not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or by imprisonment in the City or County Jail not exceeding ninety (90) days, or by both such fine and imprisonment, and shall be liable to the party injured for three (3) times the actual damage sustained, to be recovered by suit at law. 

Section 215.200.  Abandoning Motor Vehicle.

A person commits the offense of abandoning a motor vehicle if he/she abandons any motor vehicle on the right-of-way of any public road or State highway or on or in any of the waters in this State or on the banks of any stream or on any land or water owned, operated or leased by the State, any board, department, agency or commission thereof, or any political subdivision thereof or on any land or water owned, operated or leased by the Federal Government or on any private real property owned by another without his/her consent.  


[1].  Note — Under certain circumstances this offense can be a felony under state law.

[2].  Note — Under certain circumstances this offense can be a felony under state law.

[3].  Note — Under certain circumstances this offense can be a felony under state law.

[4].  Note — Under certain circumstances this offense can be a felony under state law.

[5].  Note — Under certain circumstances this offense can be a felony under state law. 

ARTICLE IV. OFFENSES CONCERNING PUBLIC SAFETY

Section 215.160.  Abandonment of Airtight or Semi-Airtight Containers. 

A.     A person commits the offense of abandonment of airtight icebox if he/she abandons, discards or knowingly permits to remain on premises under his/her 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 (1½) cubic feet or more and an opening of fifty (50) 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 rendering such equipment harmless to human life by removing such hinges, latches or other hardware which may cause a person to be confined therein. 

B.     Subsection (A) of this Section does not apply to an icebox, refrigerator or other airtight or semi-airtight 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) of this Section.   

Section 215.170.  Littering.

A person commits the offense of littering if he/she throws or places, or causes to be thrown or placed, any glass, glass bottles, wire, nails, tacks, hedge, cans, garbage, trash, refuse or rubbish of any kind, nature or description on the right-of-way of any public road or State highway or on or in any of the waters in this City or on the banks of any stream, or on any land or water owned, operated or leased by the State, any board, department, agency or commission thereof or on any land or water owned, operated or leased by the Federal Government or on any private real property owned by another without his/her consent. 

Section 215.180.  Littering Via Carcasses. 

A.     If any person or persons shall put any dead animal, carcass or part thereof, the offal or any other filth into any well, spring, brook, branch, creek, pond or lake, every person so offending shall, on conviction thereof, be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). 

B.     If any person shall remove or cause to be removed and placed in or near any public road or highway, or upon premises not his/her own, or in any river, stream or watercourse any dead animal, carcass or part thereof, or other nuisance to the annoyance of the citizens of this City, or any of them, every person so offending shall, upon conviction thereof, be fined for every offense not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), and if such nuisance be not removed within three (3) days thereafter, it shall be deemed a second (2nd) offense against the provisions of this Section.   

Section 215.190.  Corrupting or Diverting Water Supply.

Whoever willfully or maliciously poisons, defiles or in any way corrupts the water of a well, spring, brook or reservoir used for domestic or municipal purposes, or whoever willfully or maliciously diverts, dams up and holds back from its natural course and flow any spring, brook or other water supply for domestic or municipal purposes, after said water supply shall have once been taken for use by any person or persons, corporation, Town or City for their use, shall be adjudged guilty of an ordinance violation and punished by a fine not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or by imprisonment in the City or County Jail not exceeding ninety (90) days, or by both such fine and imprisonment, and shall be liable to the party injured for three (3) times the actual damage sustained, to be recovered by suit at law. 

Section 215.200.  Abandoning Motor Vehicle.

A person commits the offense of abandoning a motor vehicle if he/she abandons any motor vehicle on the right-of-way of any public road or State highway or on or in any of the waters in this State or on the banks of any stream or on any land or water owned, operated or leased by the State, any board, department, agency or commission thereof, or any political subdivision thereof or on any land or water owned, operated or leased by the Federal Government or on any private real property owned by another without his/her consent.   

ARTICLE V. OFFENSES CONCERNING PUBLIC PEACE

Section 215.210.  Peace Disturbance. 

A.     A person commits the offense of peace disturbance if: 

1.      He/she unreasonably and knowingly disturbs or alarms another person or persons by: 

a.      Loud noise; 

b.      Offensive language addressed in a face-to-face manner to a specific individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient; 

c.      Threatening to commit a felonious act against any person under circumstances which are likely to cause a reasonable person to fear that such threat may be carried out; 

d.      Fighting; or 

e.      Creating a noxious and offensive odor.   

2.      He/she 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.       

Section 215.215.  Private Peace Disturbance. 

A.     A person commits the offense of private peace disturbance if he/she 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 or offense against any person; or 

2.      Fighting.     

Section 215.220.  Peace Disturbance Definitions.

For the purposes of Sections 215.210 and 215.215, the following words shall have the meanings set out herein: 

PRIVATE PROPERTY — Any place which at the time is not open to the public. It includes property which is owned publicly or privately.  

PROPERTY OF ANOTHER — Any property in which the actor does not have a possessory interest.  

PUBLIC PLACE — Any place which at the time is open to the public. It includes property which is owned publicly or privately.

     If a building or structure is divided into separately occupied units, such units are separate premises.      

     

Section 215.225.  Unlawful Assembly.

A person commits the offense of unlawful assembly if he/she knowingly assembles with six (6) 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. 

Section 215.230.  Rioting. [1] 

A person commits the offense of rioting if he/she knowingly assembles with six (6) 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. 

Section 215.235.  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/she 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. 

Section 215.236.  Unnecessary or Loud Noises or Entertainment. [Ord. No. 172 §74.120, 9-27-1993]

It shall be unlawful for any person within the City limits of the City of Stockton to make or cause to be made any loud or unnecessary noise or to operate any radio, record player, or other device operated by any electric system or battery at such a sound volume level that the sounds produced by such device is heard or felt more than fifty (50) feet from such device. 

Section 215.237.  Non-Violent Civil Rights Demonstrations — Prohibited Use of Excessive Force. [Ord. No. 131 Arts. I, II, 6-24-1991] 

A.     The City hereby adopts and will enforce this policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individual engaged in non-violent civil rights demonstrations. The City also prohibits the physical barring of any entrance or exit to such a facility and will enforce all applicable State laws regarding same. 

B.     Violation. 

1.      Any person found to be violating any provision of this Section shall be served by the City with written notice stating the nature of the violation. 

2.      Any person guilty of this violation shall be guilty of a misdemeanor and on conviction thereof shall be fined in the amount not exceeding one hundred dollars ($100.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. 

3.      Any person violating any of the provisions of this Section shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.     

Section 215.238.  Vagrancy. [CC 1979 §75.150] 

A.     A person commits the offense of vagrancy when he/she is: 

1.      Found loitering or strolling in, about or upon any street, alley, or other public way or public place, or at any public gathering or assembly, or in or around any store, shop or business or commercial establishment, or on any private property or place without lawful business, and who upon being ordered to move on about his/her business fails to do so. 

2.      Found to occupy, lodge or sleep in any vacant or unoccupied barn, garage, shed, shop, or other building or structure, or in any automobile, truck, railroad car, or other vehicle without owning the same or without permission of the owner or person entitled to the possession of the same, or sleeping in any vacant lot during the hours of darkness and not giving a reasonable explanation for his/her behavior. 

3.      Found to be begging, or going from door to door of private homes or commercial and business establishments, or places himself/herself in or upon any public way or public place to beg or receive alms for his/her own use.      


[1].  Note — Under certain circumstances this offense can be a felony under state law. 

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