§ 14-68. Peace and noise disturbances.

(a)

A person commits the offense of peace disturbance if:

(1)

He 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.

(2)

He is in a public place or on the 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.

(b)

A person commits the offense of noise disturbance if:

(1)

He plays any radio, television, or any device made to play cassettes, records, compact disc, audio, and/or videotapes, loudspeaker or any similar device so that it emits a sound that can be heard 50 feet or more from the device. This includes any of the aforementioned devices that are mounted in motor vehicles, boats, trucks, bicycles, carried on one's person or placed in a building, to include private residences, apartments, places of business and similar structures.

(2)

A public safety officer may issue a uniform traffic ticket (UTT) to the individual responsible for any such device emitting sound in violation of subsection (b)(1), above including the driver of a motor vehicle, or the first registered owner of the vehicle, the owner of record or a resident of a residence, or apartment, the proprietor of a business or the person who is in physical control of any such device.

(3)

This subsection shall not apply to a parade, march, carnival, circus, rodeo, show, fair, festival, bazaar or special event having obtained the required licenses and permits, subject to the terms of those licenses and permits nor religious services, noise emitted by machinery during its normal operation, emergency vehicles, emergency equipment or noise emitted under similar circumstances, Boonville R-1 School District activities, activities associated with business or commercial locations in an appropriately zoned district where the activities are inside the structure.

(4)

Permits authorized: Any individual, business and organization may apply for a permit that will allow for an outside event where noise generated may otherwise be in violation of this ordinance. The office of the city administrator or his designee in his or her discretion may issue such permit. Such permit shall identify the applicant and duration of the event. No fee shall be charged for any such permit.

(Code 1958, § 49.02; Ord. No. 2660, §§ 1, 2, 2-6-84; Ord. No. 2697, §§ 1, 2, 8-20-84; Ord. No. 2861, § 1, 1-4-88; Ord. No. 3270, § 1, 10-2-95; Ord. No. 3914, §§ 1, 2, 11-17-03; Ord. No. 4042, § 1, 4-2-07; Ord. No. 4252, § 1, 3-21-11)

State law reference

Power of the city to prohibit disturbing the peace, RSMo 77.570.