TITLE II. PUBLIC HEALTH, SAFETY AND WELFARE
CHAPTER 200: POLICE AND FIRE DEPARTMENTS
Cross Reference─As to chief of police, also see §§105.590─105.670
ARTICLE I. POLICE DEPARTMENT
SECTION 200.010:POLICEMEN MAY BE HIRED FROM OUTSIDE CITY LIMITS
The Board of Aldermen has the power to hire men residing outside the City limits of City of Lake Ozark, Missouri, for City Policemen, due to the lack of availability of Police personnel within the City. (Ord. No. 30 §1, no date)
SECTION 200.020:AUTHORITY OF POLICE OFFICERS
A.All Law Enforcement Officers of the Federal, State, County or any other Law Enforcement Officers so designated, are hereby and herein given the authority to enforce all ordinances of the City of Lake Ozark.
B.All of such Law Enforcement Officers designated herein, upon the request of the Chief of Police or any member of the Board of Aldermen, shall enforce or assist in the enforcement of all ordinances of the City of Lake Ozark, under the supervision of the Chief of Police of the City of Lake Ozark. (Ord. No. 28 §§1─2, 4-18-67)
SECTION 200.030:CONTRACT FOR FORMATION OF MAJOR CASE SQUAD
The City of Lake Ozark, Missouri, shall contract with other political subdivisions for the formation of a major case squad as provided in Sections 70.815, 70.820, and 70.835, RSMo., said agreement being on file in the City offices and by reference, made a part of this Section, is approved and the Mayor is authorized to execute said agreement on behalf of the City binding the City to the terms thereof. (Ord. No. 89-10 §1, 5-23-89)
SECTION 210.035:PENALTIES FOR VIOLATION
Any person who maintains a nuisance in violation of Section 210.010 and who fails to abate a nuisance after receipt of a Notice to Abate and the running of the time allowed to abate said nuisance in accordance with Section 210.030 of this Article, upon conviction thereof shall be punished by a fine of not less than ten dollars ($25.00) nor more than five hundred dollars ($500.00) for each violation. Each day acondition constituting a violation of Sections 210.010 and 210.030 of this Article shall constitute a separate violation.
SECTION 200.040:HOUSING PRISONERS FOR OTHER LAW ENFORCEMENT AGENCIES
A.The Chief of Police is hereby authorized, but not directed, to accept prisoners from other law enforcement agencies for temporary custody, said temporary custody not to exceed a consecutive period of seventy-two (72) hours.
B.Any other agency housing prisoners at the City of Lake Ozark Jail in accordance with this Section shall pay to the City of Lake Ozark the sum of forty dollars ($40.00) per day for each prisoner so housed.
C.The acceptance of any prisoner shall be subject to the discretion of the Chief of Police of the City of Lake Ozark who shall be authorized to promulgate regulations as to the type of prisoners which may or may not be accepted for temporary housing. (Ord. No. 93-24 §§1─3, 12-14-93; Ord. No. 98-20 §1, 7-28-98)
SECTION 200.045:FALSE ALARM CALLS TO POLICE DEPARTMENT CAUSED BY PRIVATE ALARM SYSTEMS
A.The owner of any private alarm system which causes more than three (3) false alarms in any thirty (30) day period which requires response by the Police Department of the City of Lake Ozark shall be liable to the City of Lake Ozark for a charge of fifty dollars ($50.00) for each such false alarm in excess of three (3) during said thirty (30) day period.
B.Any such charges which are not paid within thirty (30) days of the billing therefore shall be deemed delinquent and shall constitute a lien upon the property upon which said alarm system is located, said lien to commence upon the filing of a Notice of Lien in the office of the Recorder of Deeds of the County in which said property may be located.
C.The Chief of Police shall have the authority to waive such charges when he/she determines said charges are caused by Acts of God. (Ord. No. 94-14 §§1─2, 9-13-94; Ord. No. 98-8 §§1─3, 3-10-98)
SECTION 200.046:INTERFERING WITH A POLICE DOG
A.No person shall taunt, torment, tease, strike, interfere with, endanger, injure or kill or administer or subject any desensitizing drugs, chemicals or substance to any dog used by a Law Enforcement Officer in the performance of his duties, or when the dog is placed in a kennel or any enclosure while off duty.
B.This Section shall not apply to authorized care administered by a validly licensed veterinarian. (Ord. No. 99-10 §1, 5-25-99)
ARTICLE II. FIRE DEPARTMENT
SECTION 200.050:INTERFERENCE WITH FIREFIGHTING PERSONNEL
A.No person, association, or group of persons shall follow any firefighting vehicles or equipment while said vehicles are either sounding their sirens or bells, or have illuminated their emergency lights.
B.No person, association, or group of persons shall stand, congregate, assemble, loiter, or sit at or near any fire which is being extinguished by private or public firefighting authorities.
C.No person, association, or group of persons shall in any way obstruct the vehicular traffic at or near the scene of any fire which endangers the public welfare.
D.No person, association, or group of persons shall refuse to obey the reasonable commands of any firefighting official or Law Enforcement Official at the scene of any fire that endangers the public welfare. (Ord. No. 63 §§1─5, 4-6-70)
SECTION 200.060:EMERGENCY FIRE ENTRANCE TO THE CODY DAVIDSON EXECUTIVE GARAGE
A.The building commonly known as the “Cody Davidson Executive Garage” is to have an emergency entrance built into its parkway onto Rudder Road, Lake Ozark, Missouri, as the same is shown on in Exhibit A to Ordinance Number 2006-09.
B.The entrance shall include a locked iron gate that shall only be opened by the Lake Ozark Fire District.
C.The Lake Ozark Fire District shall have full control of the operation of said gate, however the owner of the property shall be responsible for the maintenance of said gate in a workable condition, except that the Fire District shall furnish locksets of its choosing to be purchased by the owner and owner shall maintain said locksets.
- The parkway as shown in said Exhibit A shall be used for emergency purposes only, and shall be designated as such. Anybody using the entrance for any reason other than emergency purposes shall be fined no more than $500 or sentenced to no more than 90 days in jail. (Ord. No.: 2006-09, 06-13-06)
CHAPTER 205: OFFENSES
ARTICLE I. GENERAL PROVISIONS
SECTION 205.010:SHORT TITLE
This Chapter shall be known and may be cited as the "Offenses Code" of the City of Lake Ozark. (Ord. No. 52 §1, 4-3-68)
SECTION 205.020:DEFINITIONS
For the purposes of this Chapter, the following terms phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
BARBITURATE AND OTHER HYPNOTIC OR SOMNIFACIENT DRUGS: Includes the salts and derivatives of barbituric acid, also known as malony-urea, having hypnotic or somnifacient action, and compounds, preparations, and mixtures thereof. The term also includes amytal, veronal, barbital, acid diethylbarbituric, or any salts, derivatives, compounds, preparations and mixtures thereof having hypnotic or somnifacient action. The term also includes para-benzene sulfonamide, sulfanilamide, sulfamidly, prontylin, prontosil, neoprontosil, neoprotylin edimalin, sulfonamide, or salts derivatives, compounds, preparations and mixtures thereof. The term also includes any registered, trademarked, or copyrighted prep-preparation or compound registered in the United States Patent Office containing more than one (1) grain of the avoirdupois or fluid ounce of a substance within its definition.
CITY: The City of LakeOzark.
NARCOTIC DRUG: Any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical analysis:
.1.Opium, opiate, and any derivative, of opium or opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium;
.2.Coca leaves, but not including extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
.3.Cocaine or any salt, isomer, or salt of isomer thereof;
.4.Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof;
.5.Any compound, mixture, or preparation containing any quantity of any substance referred to in paragraphs (1) to (4) of this definition.
PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind. (Ord. No. 52 §2, 4-3-68)
ARTICLE II. OFFENSES AGAINST PUBLIC PEACE
SECTION 205.030:ASSAULT
A person commits the offense of assault if:
.1.He/she attempts to cause or recklessly causes physical injury to another person; or
.2.With criminal negligence he/she causes physical injury to another person by means of a deadly weapon, or;
.3.He/she purposely places another person in apprehension of immediate physical injury, or;
.4.He/she recklessly engages in conduct which creates a risk of death or serious physical injury to another person, or;
.5.He/she knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative. (Ord. No. 88-9 §§1─2, 4-26-88)
SECTION 205.035:SALE, POSSESSION AND USE OF LASER POINTERS
A.Application. This Section applies only to handheld pointers and excludes any and all other laser devices that may be used in other professions or occupation.
B.Sale. It is unlawful for any person to sell a laser pointer to any person under the age of eighteen (18) years.
C.Possession. It is unlawful for any person under the age of eighteen (18) years to possess a laser pointer.
D.Use. It is unlawful for any person to focus, point or shine a laser beam directly or indirectly on another person or animal in such a manner as to harass, annoy or injure said person or animal.
E.Exceptions. The prohibition of Subsection (C) of this Section shall not apply to the use of laser pointers with the permission and supervision of a person twenty-one (21) years of age or older.
F.Penalty. Any person violating any provision of this Section upon conviction shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or shall be imprisoned for three (3) months, or shall be both fined and sentenced. (Ord. No. 99-9 §§1─2, 4-13-99)
SECTION 205.040:FIGHTING
No person in the City shall fight another person except in boxing exhibitions duly authorized and licensed under law. (Ord. No. 52 §3(3), 4-3-68)
SECTION 205.050:VAGRANCY
No person in the City shall have the status or condition of a "vagrant." The following persons shall be deemed vagrants:
.1.No lawful means of support. Any person having no lawful means of employment and having no lawful means of support realized solely from lawful occupations or sources; or, any person who lives idly and without visible means of support.
.2.Loitering. Any person 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 any private property or place without lawful business and conducting himself/herself in a lewd, wanton, or lascivious manner in speech or behavior.
.3.Burglars tools. Any person upon whose person or in whose possession shall be found any instrument, tool, or other implement for picking locks or pockets, or any implement that is usually employed or that reasonably may be inferred to have been designed to be employed in the commission of any felony, misdemeanor other violation of any ordinance, and who shall fail to account satisfactorily for the possession for the same.
.4.Unlawful occupancy. Any person wandering abroad and occupying, lodging or sleeping 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 same, or sleeping in any vacant lot during the hours of darkness and not giving a satisfactory account of himself/herself.
.5.Begging. Any person wandering abroad and begging; or any person who goes about 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 himself/herself.
.6.Abroad at unusual hours. Any person who wanders about the street, alleys or other public ways or places, or who is found abroad at late or unusual hours in the night without any visible or lawful business and not giving a satisfactory account of himself/herself.
.7.Illegal association. Any person who keeps, operates, frequents, lives in, or is employed in any house or other establishment of ill fame, or who (whether married or single) engages in or commits acts of fornication or perversion for hire.
.8.Illegal employment. Any person who frequents or loafs, loiters, or idles, in or around or is the occupant of or is employed in any gambling establishment where intoxicating liquor is sold without a license.
.9.Fraudulent schemes. Any person who shall engage in any fraudulent scheme, device, or trick to obtain money or other valuable thing from others; or any person who aids or assists such trick, device, or scheme.
.10.Concealing stolen property. Any person who keeps a place where lost or stolen property is concealed.
.11.All persons who by the common law are vagrants, whether in any of the foregoing classifications or note. (Ord. No. 52 §3(4), 4-3-68)
SECTION 205.060:SOUNDTRACKS─REGULATING AND PROHIBITING CERTAIN USES
A.Definitions. As used in this Section, the following terms shall have these prescribed meanings:
PERSONS: Shall include the singular and the plural and shall also mean and include any person, firm, corporation, association, club, partnership, society or any other form of association or organization.
SOUND AMPLIFYING EQUIPMENT: Any machine or device for the amplification of the human voice, music or any other sound. "Sound amplifying equipment" as used herein shall not be construed as including standard automobile radios when used and heard only by occupants of the vehicle in which installed or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety purposes.
SOUND TRUCK: Shall mean any motor vehicle, or animal-drawn vehicle, or any vehicle regardless of its means of propulsion, having mounted thereon, or attached thereto, any sound amplifying equipment.
B.Commercial Advertising By Sound Truck Prohibited. No person shall operate, or cause to be operated, any sound truck for commercial sound advertising purposes in the City of Lake Ozark with sound amplifying equipment in operation.
C.Penalties. Any person who violates any provision of this Section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding one hundred dollars ($100.00). (Ord. No. 53 §§1─3, 5-28-68)
SECTION 205.070:PEACE DISTURBANCE─PENALTY
A.A person commits the offense of peace disturbance if:
A.1.He/she unreasonably and knowingly disturbs or alarms another person or persons by:
A.1.a.Loud noise; or
A.1.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
A.1.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
A.1.d.Fighting; or
A.1.e.Creating a noxious and offensive odor;
A.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.2.a.Vehicular or pedestrian traffic; or
A.2.b.The free ingress or egress to or from a public or private place.
B.Peace disturbance is a misdemeanor.
SECTION 205.080: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:
A.1.Threatening to commit a crime or offense against any person; or
A.2.Fighting.
B.Private peace disturbance is a misdemeanor.
SECTION 205.090:PEACE DISTURBANCE DEFINITIONS
For the purposes of Sections 205.070 and 205.080 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. (RSMo §574.030)
SECTION 205.100:VULGARITY IN PUBLIC
It is unlawful for any person in any public place in the City limits to address any wanton, obscene, or lewd language or words to another. (Ord. No. 93-10 §2, 7-27-93)
ARTICLE III. OFFENSES AGAINST PUBLIC SAFETY
SECTION 205.110:UNLAWFUL POSSESSION OF NARCOTICS
No person in the City shall sell, give away, use or possess for any purpose whatsoever any narcotic drug, except as provided herein. (Ord. No. 52 §4(1,a), 4-3-68)
SECTION 205.120:UNLAWFUL ASSOCIATION WITH NARCOTICS
No person in the City shall establish, contribute to, support, maintain, become an intimate of, or in any way be connected with any building or part thereof, or place or any description whatever, or permit such building or part thereof, or place of any description whatever owned by or under the control of such person to be used for the manufacture, preparation, sale, storage, smoking, or use of any narcotic drug, except as provided herein. (Ord. No. 52 §4(1,b), 4-3-68)
SECTION 205.130:SEIZURE OF NARCOTIC DRUGS
All narcotic drugs in the possession of any person convicted of a violation of this Section, shall be seized by, confiscated by, and forfeited to the Chief of Police who shall make proper distribution thereof. (Ord. No. 52 §4(1,f), 4-3-68)
SECTION 205.140:NARCOTICS SEIZED FROM VEHICLE─VEHICLE SEIZED
Any vehicle from which seized drugs are removed, the vehicle being owned by the person convicted of a violation of this Section shall be seized by, confiscated by, and forfeited to the Chief of Police in the name of the City and subsequently sold at public auction to the highest bidder by the Sheriff of Miller County in the manner provided by law. (Ord. No. 52 §4(1,g), 4-3-68)