§ 11-42. Peace disturbance.

A person commits the offense of peace disturbance if:

(1)

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

a.

Playing any radio, music player such as a "boom box," tape cassette, disc player, television, audio system or musical instrument in a manner or at a volume that disturbs the peace of any other person; except, however, that nothing herein shall be construed to prohibit an otherwise lawful public concert or public performance; or

1.

For prosecution under this subsection, it shall be presumed that the playing of any radio, music player such as a "boom box," tape cassette, disc player, television, audio system or musical instrument, except the playing of musical instruments, individually or collectively, in connection with a school band, is disturbing to the peace of another if played at a volume which is plainly audible to persons more than fifty (50) feet from the source of the 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; or

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; or

d.

Fighting; or

e.

Creating a noxious and offensive odor; or

f.

Making a loud noise.

(2)

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

a.

Vehicular or pedestrian traffic; or

b.

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

(Ord. No. 654, § 2, 5-4-99; Ord. No. 713, § 1, 6-5-01; Ord. No. 1119 , § 14, 9-5-17)

State law reference

Peace disturbance, RSMo § 574.010.

Editor's note

Section 1 of Ord. No. 654, adopted May 4, 1999, revoked § 11-42 which pertained to peace disturbance and derived from Ord. No. 198, § 3, adopted Dec. 5, 1978. Sections 2—4 of Ord. No. 654 enacted similar more extensive provisions designated as §§ 11-43—11-45. Inasmuch as §§ 11-43—11-45 already exists in the Code, the new provisions of Ord. No. 654 have been redesignated as §§ 11-42—11-42.2, at the discretion of the editor.

Cross reference

Disturbing the peace in parks, § 14-45.