Chapter 210: Offenses

§ 210.010 Pasadena Hills City Code § 210.040

Enforcement Officer is making an arrest, for the purpose of preventing the Officer from effecting the arrest, he:

1. Resists the arrest of himself/herself by using or threatening the use of violence or physical force or by fleeing from such officer; or

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

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

C. 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 210.020: INTERFERENCE WITH LEGAL PROCESS

A. A person commits the offense of interference with legal process if, knowing any person is authorized by law to serve process, for the purpose of preventing such person from effecting the service of any process, he/she interferes with or obstructs such person.

B. "Process" includes any writ, summons, subpoena, warrant other than an arrest warrant, or other process or order of a court.

SECTION 210.030: 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; or

2. Assists or attempts to assist any prisoner who is being held in custody or confinement for the purpose of effecting the prisoner's escape from custody or confinement.

ARTICLE II. OFFENSES CONCERNING PUBLIC SAFETY

SECTION 210.040: 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 City or 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.

§ 210.050 Offenses § 210.060

SECTION 210.050: FIREWORKS

A. Sale Or Discharge Of Fireworks Prohibited. It shall be unlawful for any person or persons, firm, partnership, or corporation within this City to sell, offer for sale, expose for sale, use, or discharge any blank cartridge, toy pistol, toy cannon or cane in which explosives are used, or the type of balloon which requires fire underneath to propel the same, or firecrackers, torpedoes, cannon-crackers, sky-rockets, Roman candles, aerial salutes, bombs, electric sparklers, colored fires or colored torches or displays of any other fireworks of any kind whatsoever.

B. Pyrotechnic Displays. Nothing contained in Subsection (A) hereof shall prohibit the sale or use of fireworks for pyrotechnic displays given by any fair, association, amusement park, the officials in charge of any public park, any civic or public organization or group of individuals, any of which shall have respectively first obtained a permit from the Mayor for such display; nor shall anything in said Section prohibit the sale or use of blank cartridges for theatrical purposes, signal purposes, in athletic contests or sport events, or for the use of militia, police or military organizations, nor shall anything in said Section prohibit any resident wholesaler, dealer or jobber from selling fireworks at wholesale, provided the same are shipped or delivered directly outside the limits of this City.

C. Special Permits Authorized. The Mayor is hereby authorized to issue permits for pyrotechnic displays to fair associations, amusement parks, officials in charge of public parks, civic or public organizations or groups of individuals, provided that no such permit shall be issued upon an application therefor and provided further, that the Mayor is satisfied that the public safety will not be endangered by such display. (Ord. No. 120 §§1─3, 10-9-67)

SECTION 210.060: CURFEW

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 to play in or upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks, 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 to knowingly permit such minor to loiter, idle, wander, stroll or to drive or ride in a motor vehicle, or to play in or upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks, 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.

§ 210.060 Pasadena Hills City Code § 210.072

C. Any Police Officer finding a child violating the provisions of Subsection (A) shall warn the child to desist immediately from such violation and take the child home to his/her parent or guardian. If said parent or guardian cannot be located he/she shall retain custody until the parent or guardian is located and the child delivered to him/her. The officer shall also report the violation to his/her superior officer who shall cause a written notice to be served on the parent, guardian or person in charge of said child, setting forth the manner in which the Subsection has been violated.

(Ord. No. 121 §§1─3, 10-9-67)

SECTION 210.070: HOURS FOR USE REGULATED AT JEFFERSON SCHOOL─ CURFEW

IMPOSED

A. For the purposes of imposing a curfew, no person shall enter or remain, loiter, idle, wander, stroll or play in or upon the interior and exterior confines of the Jefferson School, known and numbered as 4315 Cardwell, Pasadena Hills between the hours of 8:00 P.M. and 6:00 A.M. of the following day during the period of the calendar year in which Central Daylight Saving time is in effect, and between the hours of 6:00 P.M. and 6:00 A.M. the following day during that period of time of the calendar year when Central Standard time is in effect.

B. The curfew imposed herein shall not apply to any person who is attending and/or participating in an activity sanctioned by the Normandy School Board, or its designated representative.

C. The City of Pasadena Hills shall erect, place and maintain appropriate signs designating the hours of curfew. (Ord. No. 303 §§1─4, 8-8-83)

SECTION 210.071: CONTROLLED SUBSTANCES

It shall be unlawful for any person to manufacture, possess, have under his/her control, sell, prescribe, administer, dispense or compound any controlled substances prohibited by Chapter 195 of the Revised Statutes of Missouri. (Ord. No. 524 §1, 11-11-97)

SECTION 210.072: DRUG PARAPHERNALIA

A. For the purpose of this Section, the following phrases are defined as follows:

CONTROLLED SUBSTANCE: Such substances as defined in Chapter 195 of the Revised Statutes of Missouri.

DRUG PARAPHERNALIA: Includes 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 this Section. It includes, but is not limited to:

1. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived;

§ 210.072 Offenses § 210.072

2. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances or imitation 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 or imitation 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 or imitation controlled substances;

5. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances or imitation 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 or imitation 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 or imitation controlled substances;

9. Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances or imitation controlled substances;

10. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or imitation controlled substances;

11. Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances or imitation 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 material, 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;

§ 210.072 Pasadena Hills City Code § 210.072

i. Electric pipes;

j. Air-driven pipes;

k. Chillums;

l. Bongs;

m. Ice pipes or chillers.

B. 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 or imitation controlled substance;

3. The proximity of the object, in time and space, to a direct violation of this Section;

4. The proximity of the object to controlled substances or imitation controlled substances;

5. The existence of any residue of controlled substances or imitation 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/she knows, or should reasonably know, intend to use the object to facilitate a violation of this Section, the innocence of an owner, or of anyone in control of the object, as to a direct violation of this Section 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;

14. Expert testimony concerning its use.

C. No person shall use, or possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, prepare, test, analyze, pack, repack,

§ 210.072 Offenses § 210.080

store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or an imitation controlled substance.

D. No person shall 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 or an imitation controlled substance.

E. No person shall 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.

F. No person shall use, or possess with intent to use, an imitation controlled substance in violation of this Section.

G. No person shall deliver, possess with intent to deliver, manufacture with intent to deliver, or cause to be delivered any imitation controlled substance. (Ord. No. 524 §1, 11-11-97)

ARTICLE III. OFFENSES AGAINST THE FAMILY

SECTION 210.080: PARENTAL NEGLECT

A. Definitions. For the purpose of this Section, the following words and phrases are defined as follows:

CRIMINAL ACT: An act which violates the Statutes of the United States, the Statutes of the State of Missouri, or the ordinances of the City of Pasadena Hills, including but not limited to moving traffic violations, juvenile delinquency, vandalism and malicious mischief.

MINOR: An unemancipated person seventeen (17) years of age or less.

PARENT: Mother, father, legal guardian or any person having the care or custody of a minor.

B. No parent shall knowingly permit, encourage, aid, or cause a minor to commit a criminal act as defined herein or engage in any conduct which would be injurious to the minor's morals or health.

C. No parent shall fail to exercise sufficient and effective care, vigilance, discipline or control over a minor so as to contribute to, cause or tend to cause a minor to commit a criminal act, as defined herein.

D. Any person who shall violate this Section shall be found guilty of parental neglect and shall be punished as provided in Section 100.090. In addition, the court may, as a condition of any probation granted to any person found guilty of violating this Section, order the defendant to make restitution to any person who has been damaged by the misconduct of the minor in an amount not to exceed four thousand dollars ($4,000.00). (Ord. No. 412 §§1─4, 1991)

§ 210.090 Pasadena Hills City Code § 210.100

ARTICLE IV. OFFENSES CONCERNING PUBLIC PEACE

SECTION 210.090: PEACE DISTURBANCE

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: or

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

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. (Ord. No. 410 §1, 1991)

SECTION 210.100: WEAPONS─CARRYING CONCEALED─OTHER UNLAWFUL USE

A. A person commits the offense of unlawful use of weapons if he/she knowingly:

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

2. Discharges or shoots a firearm within the City limits.

3. Possesses a firearm or projectile weapon while intoxicated.

4. Carries a firearm or any other weapon readily capable of lethal use.

B. Subparagraphs (1), (2) and (4) of Subsection (A) of this Section shall not apply to or affect any of the following:

1. All State, County and Municipal Law Enforcement Officers possessing the duty and power of arrest for violation of the general criminal laws of the State or for violation of ordinances of counties or municipalities of the State, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

§ 210.100 Offenses § 210.115

2. Wardens, superintendents and keepers of prisons, 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 and those persons vested by Article III of the Constitution of the United States with the judicial power of the United States, the members of the Federal Judiciary;

5. Any person whose bona fide duty is to execute process, civil or criminal;

6. Any Federal probation officer; and

7. Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the Board of Police Commissioners under Section 84.340, RSMo.

C. Subparagraphs (1, 3 and 4) of Subsection (A) of this Section do not apply when the actor is transporting such weapons in a non-functioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subparagraph (1) of Subsection (A) of this Section does not apply when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his/her dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through the City.

SECTION 210.110: DISCHARGING AIR GUN, ETC.

Any person within the limits of this City, who shall discharge any BB gun, spring gun, air gun, or shall shoot any pebble, bullet, slug or other hard substance by means of a sling, crossbow, rubber band or bow or any other means shall be deemed guilty of a misdemeanor.

SECTION 210.115: NOISES PROHIBITED

A. The creation of any unreasonably loud, disturbing, raucous or unnecessary noise in the City is hereby prohibited.

B. The following acts, among others, are declared to be loud, disturbing, raucous and unnecessary noises in violation of the preceding Subsection, but this enumeration shall not be deemed to be exclusive:

1. Horns, signals, etc. The sounding of any horn or signal device on a streetcar, motorbus, motorcycle, automobile or other vehicle while not in motion on a public street or highway, except as a danger signal if another is approaching apparently out of control; or if in motion, the excessive or prolonged sounding except only 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 such device for an unnecessary or unreasonable period of time.

2. Radio, phonograph, etc., and animals and fowl. The playing of any radio, music player such as a boom box, tape cassette, disc player, television, audio system or musical instrument, or the keeping of any animal, bird or fowl, which causes frequent or long-continued noise, in a

§ 210.115 Pasadena Hills City Code § 210.120

manner or at a volume which is plainly audible to persons one hundred (100) feet or more away from the source of the noise. Nothing herein shall be construed to prohibit an otherwise lawful public concert or public performance.

3. Schools, hospitals, etc. The creation of any excessive or unnecessary noise within one hundred (100) 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 or any school or other institution of learning while the same is 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 Director of Public Works is hereby authorized and directed to cause to be placed as many signs as he/she may deem necessary to properly indicate such quiet zones and to call attention to the prohibition of excessive or unnecessary noises within such zones.

4. Musical instruments, loudspeakers, advertising. The use of any drum, loudspeaker or other instrument or device, unless a permit be obtained therefor from the City, which permit shall specify the place where such 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.

5. Construction and lawn maintenance equipment. The use of any loud mechanical or lawn maintenance equipment, or the creation of any unreasonably loud and disturbing noise, or any construction, repair or similar activity, between the hours of 9:00 P.M. and 7:00 A.M., which annoys and disturbs the residential quiet, comfort or repose of persons in any building.

(Ord. No. 517 §1, 9-9-97)