Chapter 17
OFFENSES—MISCELLANEOUS*
Art. I. In General, §§ 17‑1—17‑27
Art. II. Disorderly and Similar Conduct, §§ 17‑28—17‑57
Art. III. Offenses Against Property, §§ 17‑58—17‑83
Art. IV. Offenses Against Public Decency,
§§ 17‑84—17‑106
Art. V. Interference With Governmental Functions,
§§ 17‑107—17‑129
Art. VI. Weapons, §§ 17‑130—17‑152
Art. VII. Gambling, §§ 17‑153—17‑178
Art. VIII. Railroads, §§ 17‑179—17‑189
Art. IX. Water Control and Land Disturbance Control, §§ 17-190-17-195
ARTICLE I. IN GENERAL
Sec. 17‑1. Consumption of alcoholic beverages in public.
No person shall, open to public view, consume or drink any intoxicating liquor of any kind or any beer in or upon any public street or sidewalk. (Gen. Ords. 1959, §52.20; Ord. No. 6236, §1, 2‑16‑78)
Sec. 17‑2. Model airplane glue, plastic cement; sale to minors; inhalation and intoxication.
(a) Except as otherwise provided herein, no person shall sell, display for sale, deliver or give to any individual under the age of twenty‑one (21) years, any glue or cement commonly known as model airplane glue, plastic cement, household cement, cement, or any other similar substance, if the glue or cement contains one (1) or more of the following volatile solvents:
(1) Toluol.
(2) Hexane.
(3) Trichloroethylene.
(4) Acetone.
(5) Toluene.
(6) Ethyl acetate.
(7) Methyl ethyl ketone.
(8) Trichloroethane.
(9) Isopropanol.
(10) Methyl isobutyl ketone.
(11) Methyl cellosolve acetate.
(12) Cyclohexanone.
(b) The provisions of subsection (a) shall not apply where the glue or cement is sold, delivered or given simultaneously with and as part of a kit used for the construction of model airplanes, model boats, model automobiles, model trains or other similar models.
(c) No
person shall intentionally smell or inhale the fumes of any solvent named in
subsection (a) or induce any other person to do so, for the purpose of causing
a condition of, or inducing symptoms of, intoxication, elation, euphoria,
dizziness, excitement, irrational behavior, exhilaration, paralysis,
stupefaction, or dulling of senses or nervous system, or for the purpose of, in
any manner, changing, distorting, or disturbing the audio, visual, or mental
process; except that this subsection shall not apply to the inhalation of any anesthesia
for medical or dental purposes.
(d) No
person shall intentionally or willfully induce the symptoms of intoxication,
elation, euphoria, dizziness, excitement, irrational behavior, exhilaration,
paralysis, stupefaction, or dulling of the senses or nervous system, distortion
of audio, visual or mental processes by the use of any solvent named in
subsection (a).
(e) No
person shall intentionally possess any solvent named in subsection (a) for the
purpose of using it in the manner prohibited by subsection (d) and this
section.
(Ord. No. 8797, §1, 2-18-99)
Sec. 17‑3. Distributing samples of patent medicines.
No person shall distribute free samples of patent or other medicines by throwing into or leaving upon public or private property or premises, or by distributing the samples in stores or on the streets. Nothing in this section shall prohibit drugstores or licensed pharmacists from distributing such samples at their respective stores, but in such cases distribution shall be made to adults only. (Gen. Ords. 1959, §52.40)
Sec. 17‑4. Conspiracy or attempt to commit an offense.
Two (2) or more persons shall not in the city, assemble together, or, being assembled, act in concert to do any unlawful act with force or violence against the property of this city, or the person or property of another, or against the peace or to the terror of others; nor shall they make any movement or preparation therefor. (Gen. Ords. 1959, §52.17)
Sec. 17‑5. Games in streets.
No person shall play at ball, or fly any kite, or throw a stone, snowball or other missile in any street. (Gen. Ords. 1959, §52.41)
Sec. 17‑6. Abandoned refrigerators and similar devices.
No person shall place or permit to be placed on his land or premises or place or cause to be placed on any premises in a place accessible to children any abandoned, unattended or discarded icebox, refrigerator, or any other container of any kind which has airtight doors. (Gen. Ords. 1959, §52.45)
Sec. 17‑7. Crowding in places of amusement.
(a) Any person owning or operating any public amusement, entertainment, picture show or exhibition shall not permit persons to attend and assemble there at any time in excess of the seats or chairs provided for such purpose, or permit any person or assemblage to congregate in the aisles or corridors except for the orderly movement to and from the seats and chairs, or permit more than one (1) person to occupy any seat or chair.
(b) All buildings used in the city for public amusements, entertainments, picture shows or exhibitions shall be made to conform to the requirements of Section 316.060, Revised Statutes of Missouri. (Gen. Ords. 1959, §52.50)
Sec. 17‑8. Curfew; responsibility of parents; duty of police officers.
(a) It shall be unlawful for any minor under the age of seventeen (17) years to loiter, idle, wander, stroll or to drive or ride in a motor vehicle, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 11:00 p.m. and 6:00 a.m. of the following day, official city time, except on Fridays and Saturdays when the hours shall be 12:00 midnight to 6:00 a.m. of the following day, official city time; provided, however, that the provisions of this subsection do not apply to a minor accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor. Each violation of the provisions of this subsection shall constitute a separate offense.
(b) It shall be unlawful for the parent, guardian, or other adult person having the care and custody of a minor under the age of seventeen (17) years knowingly to permit such minor to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 11:00 p.m. and 6:00 a.m. of the following day, official city time; provided, however, that the provisions of this subsection do not apply when the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor. Each violation of the provisions of this subsection shall constitute a separate offense.
(c) Any police officer finding a child violating the provisions of subsection (a) of this section, shall warn the child to desist immediately from such violation and take the child home to his or her parent or guardian. If said parent or guardian cannot be located, he shall retain custody until the parent or guardian is located, and the child delivered to him or to her. The officer shall also report the violation to his superior officer who shall cause a written report to be served upon the parent, guardian or other person in charge of said child, setting forth the manner in which the subsection has been violated. Any parent, guardian or person in charge of such child who shall knowingly permit such child again to violate the provisions of subsection (a) of this section, after receiving notice of the first violation, shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00). (Ord. No. 5379, §§1‑3, 12‑10‑70)
Editor's note—Ord. No. 5379, §§1‑3,
being nonamendatory of this Code, has been included herein as §17‑8 at
the discretion of the editors.
Sec. 17‑9. Possession of marijuana, hashish or apparatus for illegal use thereof.
(a) It shall be unlawful for any person to grow, cultivate, possess, process, have under his control, or compound less than thirty‑five (35) grams of the plant Cannabis sativa L. (commonly known as marijuana), except as authorized in sections 195.010 to 195.320 of the Revised Statutes of Missouri, or to possess any apparatus, device or instrument for any unauthorized use of the plant Cannabis sativa L. or to have in his possession five (5) grams of hashish or less.
(b) "Marijuana" means all parts of the plant Cannabis sativa L. whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. (Ord. No. 6605, §1, 6‑12‑80)
Sec. 17‑10. Possession, manufacture, delivery, sale and advertising for sale of drug paraphernalia prohibited.
(a) Definitions. For purposes of this section, the following terms are defined:
City's drug possession ordinance means section 17‑10 of the Code of the City of Kirkwood in effect upon passage and approval of Ordinance No. 6923.
Controlled substance as used herein shall be defined and include the following:
(1) Marijuana means all parts of the plant genus Cannabis in any species or form thereof, including, but not limited to, Cannabis Sativa L., Cannabis Indica, Cannabis Americana, Cannabis Ruderalis, and Cannabis Gigantea, whether growing or not, the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It shall not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
(2) Controlled substances as defined and enumerated in Chapter 195 of the Missouri Revised Statutes in effect upon the passage of this section.
Controlled substances act means Chapter 195 of the Missouri Revised Statutes in effect upon the passage of this section.
Drug paraphernalia means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body, a controlled substance in violation of the city's drug possession ordinance or the Controlled Substances Act. It includes, but is not limited to:
(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. "Roach clips," meaning objects used to hold burning materials, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
f. Miniature cocaine spoons, and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air‑driven pipes;
k. Chillums;
l. Bonds;
m. Ice pipes or chillers.
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. Prior convictions, if any; of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
3. The proximity of the object, in time and space, to a direct violation of the city's drug possession ordinance or the Controlled Substances Act;
4. The proximity of the object to controlled substances;
5. The existence of any residue of controlled substances on the object;
6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of the city's drug possession ordinance or the Controlled Substances Act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the city's drug possession ordinance or the Controlled Substances Act shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
7. Instructions, oral or written, provided with the object concerning its use;
8. Descriptive materials accompanying the object which explain or depict its use;
9. National and local advertising concerning its use;
10. The manner in which the object is displayed for sale;
11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
12. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
13. The existence and scope of legitimate uses for the object in the community; and,
14. Expert testimony concerning its use.
(b) Possession of drug paraphernalia. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body, a controlled substance in violation of the city's drug possession ordinance or the Controlled Substances Act.
(c) Manufacture or delivery of drug paraphernalia. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body, a controlled substance in violation of the city's drug possession ordinance or the Controlled Substances Act.
(d) Advertisement of drug paraphernalia. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. (Ord. No. 6923, §1, 8‑19‑82)
Sec. 17‑11. City recycling depository usage.
(a) Materials permitted to be deposited: The following materials may be deposited at the city recycling depository, located at 350 South Taylor Avenue, in areas marked for the deposit of such items:
(1) Aluminum cans;
(2) Steel cans (fruit, beverage and vegetable cans);
(3) Glass jars and bottles which are clear glass, green glass or brown glass;
(4) Newspaper;
(5) Corrugated cardboard, Kraft paper bags;
(6) Mixed paper (junk mail, flat cardboard, office paper);
(7) Plastic bottles #1 and #2 (such as milk jugs, soda bottles) with lids removed;
(8) Magazines (no more than 1½" in width);
(9) Telephone books;
(10) Textiles
(b) Depositing of unauthorized materials at Depository: The dumping, depositing or placing of any material other than those set forth above in Section 17-11(a) at the City of Kirkwood Recycling Depository shall be prohibited.
(c) Ownership of authorized material deposited at the Depository: All material authorized by Section 17-11(a) deposited at the Kirkwood Recycling Depository shall become the property of the City of Kirkwood and removal of such material without the expressed authorization of the City of Kirkwood shall be prohibited.
(d) Violations: Violations of any of the provisions set forth herein shall subject the violator to the penalties set forth in the Section 1-8 of the Kirkwood Code of Ordinances.
(Ord. No. 8491, §1, 3-7-96; Ord. No. 9077, §1, 9-20-01)
Sec. 17-12. Sale and use of certain fireworks prohibited.
(a) It shall be unlawful for any person, except the City of Kirkwood, to sell or use any pyrotechnics, commonly known as "fireworks".
(b) This section does not prohibit a manufacturer, distributor or any other person from storing, selling, shipping or otherwise transporting fireworks provided they possess the proper licensing as specified by state and federal law.
(Ord. No. 8394, §1, 3-2-95)
Sec. 17-13. Prohibition of the Sale of Tobacco Products to a Minor.
(a) Definitions: For purposes of this Section, the following terms shall be construed as follows:
"Distribute," means a conveyance to the public by sale, barter, gift or sample.
"Minor," means a person under the age of eighteen.
"Proof of age," means a driver's license or other generally accepted means of identification that contains a picture of the individual and appears on its face to be valid.
"Rolling papers," means paper designed, manufactured, marketed or sold for use primarily as a wrapping or enclosure for tobacco, which enables a person to roll loose tobacco into a smokeable cigarette.
"Sample," means a tobacco product distributed to members of the general public or tobacco product samples.
"Sampling," means the distribution to members of the general public of tobacco product samples.
"Tobacco products," means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.
"Vending machine," means any mechanical electric or electronic self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products.
(b) No person shall sell any tobacco product or distribute any tobacco product or rolling papers to any minor. This paragraph shall not apply to the distribution by family members on property that is not open to the public.
(c) No person seventeen (17) years of age or under shall purchase, attempt to purchase or have in his possession any cigarettes, cigarette wrappers or tobacco products (cigars, pipes, chewing tobacco, snuff, etc.) within the City limits.
(d) It shall be unlawful for any person of the age of seventeen (17) years or under to represent that he has attained the age of eighteen (18) for the purpose of purchasing, asking for or in any way receiving cigarettes, cigarette wrappers or tobacco products (cigars, pipes, chewing tobacco, snuff, etc.) except in cases authorized by law.
(e) It shall be unlawful for any person to give, lend, sell or otherwise provide any person of the age of seventeen (17) years and under any falsified identification or identification of another person for the purpose of establishing the age of the individual as being eighteen (18) years or older.
(f) The owner of an establishment at which tobacco products or rolling papers are sold at retail or through vending machines shall cause to be prominently displayed, in a conspicuous place at every display from which tobacco products are sold and upon every vending machine from which tobacco products may be purchased, a sign that shall:
(1) Contain in red lettering at least one-half inch high on a white background the following: "It is a violation of state law for cigarettes or other tobacco products to be sold to any person under the age of eighteen"; and
(2) Include a depiction of a pack of cigarettes at least two inches high defaced by a red diagonal diameter of a surrounding red circle, and the words "Under 18".
(g) It shall be unlawful for any person to engage in tobacco product distribution to persons under eighteen (18) years of age.
(h) A person selling tobacco products or rolling papers or distributing tobacco product samples shall require proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that such prospective purchaser or recipient may be under the age of eighteen.
(i) Reasonable reliance on proof of age or on the appearance of the purchaser or recipient shall be a defense to any action for a violation of this section. No person shall be liable for more than one violation of this section on any single day.
(j) If a sale is made by an employee of the owner of an establishment in violation of this section, the employee shall be guilty of an offense established herein. If a vending machine is in violation of this section, the owner of the establishment shall be guilty of an offense established herein. If a sample is distributed by an employee of a company conducting the sampling, such employees shall be guilty of an offense established herein.
(k) Violation of this section shall be punishable by a fine of not less than five dollars ($5.00) and not more than five hundred dollars ($500.00) or by imprisonment for a period not to exceed three (3) months or by both such fine and imprisonment. Each day that the violation exists is to be considered a separate offense.
(Ord. No. 8440, §1, 8-3-95; Ord. No. 8754, §1, 9-10-98)
Secs. 17‑14. Responsibility for the Conduct of Another.
No person, with the purpose of promoting the commission of an offense, shall aid or agree to aid or attempt to aid another person, either before or during the commission of the offense, in planning, committing or attempting to commit the offense unless:
(a) That person is the victim of the offense committed or attempted;
(b) The offense is do defined that the person’s conduct was necessarily incident to the commission or attempt to commit the offense. If the person’s conduct constitutes a related but separate offense, he is criminally responsible for that offense but not for the conduct or offense committed or attempted by another person; or
(c) The defendant shows that before the commission of the offense he abandoned his purpose and gave timely warning to law enforcement authorities or otherwise made a proper effort to prevent the commission of the offense.
(Ord. No. 8720, §1, 4-16-98)
Sec. 17-15. Hate crimes.
(a) Definitions. For purposes of this section, the following terms mean:
1. “Disability,” a physical or mental impairment which substantially limits one or more of a person’s major life activities, being regarded as having such an impairment, or a record of having such an impairment, and
2. “Sexual orientation,” male or female heterosexuality, homosexuality or bisexuality by inclination, practice, identity or expression, or having a self-image or identity not traditionally associated with one’s gender.
(b) For all violations of the following Ordinances, which the city believes to be knowingly motivated because of the race, color, religion, national origin, sex, sexual orientation, or disability of the victim or victims, the city may charge the crime or crimes under this section:
1. Section 17-28, relating to assault and battery; affray;
2. Section 17-38, relating to harassment;
3. Section 17-58, relating to damaging, defacing property or another;
4. Section 17-59, relating to trespass;
5. Section 17-130, relating to discharge of firearms and similar weapons;
6. Section 17-131, relating to possession of dangerous weapons; or
7. Section 17-132, relating to concealed weapons.
(c) Any person, firm or corporation violating any of the provisions of this ordinance shall, upon conviction thereof, be subject to the penalty provided in Chapter 1, Section 1-8 of the Code of Ordinances of the City of Kirkwood, but in no event shall the penalty be less than $500.00.
(Ord. No. 8988, §1, 1-18-01)
Secs. 17‑16—17‑27. Reserved.
ARTICLE II. DISORDERLY AND
SIMILAR CONDUCT
A person commits the crime of assault if:
(1) The person attempts to cause or recklessly causes physical injury to another person; or
(2) With criminal negligence the person causes physical injury to another person by means of a deadly weapon; or
(3) The person purposefully places another person in apprehension of immediate physical injury; or
(4) The person recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; or
(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 which a reasonable person, who is not incapacitated, would consider offensive or provocative. “Incapacitated person” is defined as one who is unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that he or she lacks capacity to meet essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness, or disease is likely to occur.
(Ord. 9430, §1, 10-7-04)
Sec. 17‑29. Disturbing the peace.
No person shall disturb the peace of others by violent, tumultuous, offensive or obstreperous conduct or carriage, or by loud and unusual noises, or by unseemly, profane, obscene or offensive language, calculated to provoke a