CHAPTER 205: ANIMALS
 
ARTICLE I. DOGS AND CATS
SECTION 205.010: LICENSE
It shall be unlawful for any person to own, keep or harbor any dog or cat over six (6) months of age within the corporate limits of the City of Buckner without registering such dog or cat and paying a yearly license tax thereon, as hereinafter provided. (Ord. No. 400 §73.010, 6-3-82)
SECTION 205.020: LICENSE FEE
Any person, firm or corporation owning, keeping or harboring any dog or cat or dogs or cats over the age of six (6) months within the corporate limits of Buckner shall pay an annual license tax as follows: Two dollars ($2.00) for each male or spayed female dog or cat, and four dollars ($4.00) for each unspayed female dog or cat, provided, that any person registering and paying the license tax for a spayed female dog or cat shall at the time of registration and payment of said tax, present to the City Clerk a certificate from a licensed veterinarian showing that such dog or cat has been spayed. (Ord. No. 400 §73.020, 6-3-82)
SECTION 205.030: WHEN PAYABLE
The license tax hereinbefore provided shall be for the calendar year and shall become due on January first (1st), and each January first (1st) thereafter. (Ord. No. 400 §73.030, 6-3-82)
SECTION 205.040: NUMBER OF DOGS OR CATS LIMITED
The owning, harboring or keeping of dogs or cats over six (6) months of age in excess of a total of four (4) (any combination that adds up to a total of four (4) dogs and/or cats)of each upon any property in the City of Buckner shall be deemed a nuisance per se, provided, that the owner or keeper may secure from and at the discretion of the governing body, a permit to keep or harbor dogs or cats in excess of a total of four (4) (any combination that adds up to a total of four (4) dogs and/or cats) upon adequately showing that the premises are so situated and that special circumstances exist which would not constitute a nuisance to the neighborhood. (Ord. No. 400 §73.040, 6-3-82)
SECTION 205.050: REGISTRATION — DOG OR CAT TAG
The owner or harborer of any dog or cat over the age of six (6) months in the City shall cause such dog or cat to be registered with the City Clerk. It shall be the duty of the City Clerk, upon receipt of the license tax hereinbefore required, to keep in a book suitable for the registration of dogs or cats, the registration and the amount paid therefor and shall deliver to the owner or keeper of such dog or cat a receipt in writing, stating that such person has registered such dog or cat and the number of which he is registered, and shall also deliver to the owner or keeper of such dog or cat a metallic tag with the letters and/or registration number marked or stamped thereon; which shall be by the owner or keeper attached to the collar to be used on said dog or cat so registered. (Ord. No. 400 §73.050, 6-3-82)

SECTION 205.060: LOST TAGS
When it shall be made to appear to the City Clerk that any tag has become lost, he shall, upon presentation of the certificate, issue another tag for a fifty cent ($.50) fee. (Ord. No. 400 §73.060, 6-3-82)
SECTION 205.070: DOG OR CAT TAGS — REMOVAL OF
It shall be unlawful for any person to take off or remove the City license tag from any dog or cat belonging to another, or remove the strap or collar on which the same is fastened. (Ord. No. 400 §73.070, 6-3-82)
SECTION 205.080: ANTI-RABIES VACCINATION REQUIRED
Any person making application for a license for a dog or cat shall be required to present to the City Clerk at the time of making such application a certificate issued by a licensed veterinarian showing that such dog or cat has been vaccinated with a recognized anti-rabies vaccine and showing that the vaccination so administered to such dog or cat was administered within the twelve (12) months immediately prior to the date the application is made. (Ord. No. 400 §73.080, 6-3-82)
SECTION 205.090: KEEPING AND HARBORING DEFINED
Any person who shall allow any dog or cat to habitually remain or to lodge or to be fed within his home, store, yard, enclosure or place, shall be deemed and considered as “keeping and harboring” said dog or cat within the meaning of this Article. (Ord. No. 400 §73.090, 6-3-82)
SECTION 205.100: DOGS OR CATS RUNNING AT LARGE — PROHIBITED
It shall be unlawful for any person owning, keeping or harboring any dog or cat to permit, suffer or allow said dog or cat to run at large within the City. For the purpose of this Section, any dog or cat shall be deemed to have been permitted, suffered or allowed by its owner, keeper or harborer to run at large if not effectively, physically restrained on a chain or leash, or behind a suitable fence or other proper method of physical restraint from which it cannot escape. (Ord. No. 400 §73.110, 6-3-82)
SECTION 205.110: OWNER DEFINED
OWNER: The person having the right of property or custody of a dog or cat or who keeps or harbors a dog or cat or knowingly permits a dog or cat to remain on or about any premises occupied by that person. (Ord. No. 400 §73.115, 6-3-82)

SECTION 205.120: RUNNING AT LARGE — PICKUP
Wherever any dogs or cats shall be found running at large within the City limits of Buckner, such dog or cat may be taken up by the Animal Control Officer or by any other agency designated by the City of Buckner, Missouri, and such animal shall be held for a period of not less than five (5) business days, which must include at least one (1) full Saturday, at a shelter provided for such purposes, and if within said five (5) business days the owner of any animal so held shall present to the person in charge of such shelter house a reclamation deposit receipt from the City Clerk, such animal shall be delivered to the owner. If not so claimed and after notice, if possible, as below provided, the animal shall become the property of the designated agency to be disposed of in some humane manner or placed in a good home under the agency’s regulations. (Ord. No. 400 §73.120, 6-3-82; Ord. No. 528 §205.120, 2-2-95)
SECTION 205.130: NOTICE TO OWNER
Notice of pickup shall immediately be made, if possible, by the City to the owner or keeper of the dog or cat as shown by the licensing records of the City. Failure to receive such notice shall not prevent the City or its authorized agency to carry out the provisions of this Article. (Ord. No. 400 §73.130, 6-3-82)
SECTION 205.140: FEMALE DOGS OR CATS
It shall be unlawful to keep or harbor any female dog or cat within the City of Buckner during such time as she is in heat, whether or not she has a tag, unless such person shall keep such dog or cat inside the buildings located upon the owner’s premises and should the owner or keeper fail to do so, then the City may take up said female dog or cat and impound her and dispose of her unless otherwise reclaimed, in the manner as provided in Section 205.120. (Ord. No. 400 §73.140, 6-3-82)
SECTION 205.150: VICIOUS ANIMALS — PIT BULL DOGS
A. Vicious Dogs And Cats. It shall be unlawful for any person within the City to keep, own or harbor any cross or vicious dog or cat, unless such person shall keep such dog or cat securely fastened and tied or muzzled so that he cannot reach any person or animal to do damage or injury and shall keep said dog or cat in an enclosure securely fenced so that said dog or cat cannot escape therefrom; provided, that if any such vicious dog or cat is not so muzzled, fastened, tied or fenced, the City may take up the dog or cat and impound it and dispose of it, unless otherwise reclaimed, in the manner as provided in Section 205.120.

B. Keeping of Pit Bull Dogs Prohibited.
1. Prohibition–definition. It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Buckner, Missouri, any pit bull dog; provided, that pit bull dogs residing in the City on the date of passage of this Section may be kept within the City subject to the standards and requirements herein set forth. “Pit bull dog” is defined to mean:
a. The bull terrier breed of dog;
b. Staffordshire bull terrier breed of dog;
c. The American pit bull terrier breed of dog;
d. The American Staffordshire terrier breed of dog;
e. Dogs of mixed breed or other breeds than above listed which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;
f. Any dog which has the appearance and characteristics of being predominantly of the breeds of bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers or a combination of any of these breeds.
2. Standards for keeping already resident pit bull dogs. Pit bull dogs residing in the City of Buckner at the time of passage of this Section may be kept by their owners within the City, subject to the following standards:
a. Registration. Pit bull dogs residing in the City at the time of passage of this Section must be registered with the City by the owners within ten (10) days of the passage of this Section.
b. Leash and muzzle. No person shall permit a pit bull dog to go outside its kennel or pen unless such a dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a pit bull dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all pit bull dogs on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.

c. Confinement. All pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine pit bull dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures erected to house pit bull dogs must comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
d. Confinement indoors. No pit bull dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
e. Signs. All owners, keepers or harborers of pit bull dogs within the City shall within ten (10) days of the effective date of this Section display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog–Pit Bull”. In addition, a similar sign is required to be posted on the kennel or pen of such animal.
f. Insurance. All owners, keepers or harborers of pit bull dogs must within ten (10) days of the effective date of this Section provide proof to the City of Buckner of public liability insurance in a single incident amount of fifty thousand dollars ($50,000.00) for bodily injury to or death of any person or persons or for damages to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days’ written notice is first given to the City of Buckner, the City shall be named as additional insured.
g. Identification photographs. All owners, keepers or harborers of registered pit bull dogs must within ten (10) days of the effective date of this Section provide to the Deputy City Clerk two (2) color photographs (two (2) different poses) of the animal clearly showing the color and approximate size of the animal.
h. Reporting requirements. All owners, keepers or harborers of pit bull dogs must within ten (10) days of the incident report the following information in writing to the Deputy City Clerk as required hereinafter:
(1) The removal from the City or death of a pit bull dog;
(2) The birth of offspring of a pit bull dog;
(3) The new address of a pit bull dog owner should the owner move within the corporate City limits.

i. Sale or transfer of ownership prohibited. No person shall sell, barter or in any other way dispose of a pit bull dog registered with the City to any person within the City unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such dog, provided that the registered owner of a pit bull dog may sell or otherwise dispose of a pit bull dog or the offspring of such dog to persons who do not reside within the City.
j. Animals born of pit bull dogs. All offspring born of pit bull dogs registered with the City must be removed from the City within six (6) weeks of the birth of such animal.
k. Irrebuttable presumptions. There shall be an irrebuttable presumption that any dog registered with the City as a pit bull dog or any of those breeds prohibited by this Article is in fact a dog subject to the requirements of this Section.
l. Failure to comply. It shall be unlawful for the owner, keeper or harborer of a pit bull dog registered with the City of Buckner to fail to comply with the requirements and conditions set forth in this Section. Any dog found to be the subject of a violation of this Section shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the City.
C. Penalty for Violating Chapter. Any person who shall violate any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and the punishment shall be that provided by the City of Buckner with respect to misdemeanors generally. (Ord. No. 400 §73.150, 6-3-82; Ord. No. 630 §1, 9-7-00)
SECTION 205.160: DOG OR CAT BITES — QUARANTINE
It shall be unlawful for the owner of any animal or any person harboring a dog or cat when notified that such animal has bitten any person or has so injured any person as to cause an abrasion of the skin, to sell or give away such animal or to permit or allow such animal to be taken beyond the limits of the City for a period of not less than fifteen (15) days after date that such animal has so bitten or injured any person, except under the care of a licensed veterinarian. It shall be the duty of such owner or keeper upon receiving notice of the bite or injury aforesaid to immediately place such dog or cat in a licensed veterinarian hospital or kennel, where such animal shall be confined for a period of not less than ten (10) days and such owner or person keeping or harboring such dog or cat shall notify the City Clerk of the name and location of said veterinarian hospital or kennel and the date that said animal was confined. (Ord. No. 400 §73.160, 6-3-82)
SECTION 205.170: EXCESSIVE ANIMAL NOISES
No person shall own, harbor, or keep any animal which by making excessive noise disturbs a neighborhood. The following definitions and conditions shall be specially applicable to enforcement of the aforesaid prohibition of this Section:
1. The phrase “excessive noise” shall mean and include any noise produced by an animal which is so loud and continuous or untimely as to disturb peace of a neighbor.
2. The term “neighbor” shall mean an individual residing in a residence structure which is within one hundred (100) yards of the property on which the animal is kept or harbored and who does in writing state that he will testify under oath to said animal making excessive noise.
3. If a general ordinance summons is issued charging violation of this Section, a subpoena shall also be issued to the disturbed neighbor to testify in the matter. (Ord. No. 400 §73.180, 6-3-82)
SECTION 205.180: IMPOUNDING FEES
A. There shall be established the following fees relating to the pick-up, impoundment, daily care/boarding and extermination of dogs and cats:
Prices effective August 1, 1991:
Re-Claiming Fee $ 5.00
Pick-Up Fee 10.00
Daily Care/Boarding Fee 5.00
Extermination Fee 10.00
Dead Dog/Cat Pick-Up Fee 15.00
After Hours Pick-Up Fee 30.00
B. Prior to the release of an impounded dog or cat, the City Clerk shall collect all applicable fees and license fee plus a twenty-five dollar ($25.00) deposit. The twenty-five dollar ($25.00) deposit shall be refunded upon proof of compliance with Section 205.020 and 205.080.
C. Failure to exhibit proof of compliance with the said Sections within ten (10) days following release of the impounded dog or cat will result in the deposit being retained by the City as an administrative fee and subject the dog or cat to a subsequent impoundment. (Ord. No. 485 §73.190, 8-1-91)
SECTION 205.190: IMPOUNDING FEE — THIRD OFFENSE
When a dog or cat has been impounded for a third (3rd) time in any one (1) year, a fee of twenty dollars ($20.00) will be charged in addition to all fees provided in Section 205.180. (Ord. No. 400 §73.200, 6-3-82)

SECTION 205.200: NUISANCE
A dog or cat shall be considered a nuisance if it: Damages, soils, defiles or defecates on private property other than the owner’s or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner; causes unsanitary, dangerous, or offensive conditions; causes a disturbance by excessive barking or other noise making; or chases vehicles, or molests, attacks, or interferes with persons or other domestic animals on public property. (Ord. No. 400 §73.210, 6-3-82)
SECTION 205.210: POLICE DEPARTMENT, ANIMAL CONTROL OFFICER TO ENFORCE CHAPTER PROVISIONS
In addition to members of the Police Department, the Animal Control Officer of the City shall have the power to enforce the provisions of this Chapter, including, but in no way limited to, the powers to issue notice of violation of the provisions of this Chapter and, as far as permissible under the laws of the State and ordinances of the City, to enter upon private property after observing any violation of the provisions of this Chapter for the purpose of enforcement hereof. (Ord. No. 400 §73.220, 6-3-82) ARTICLE II. CRUELTY TO ANIMALS
SECTION 205.220: ANIMAL NEGLECT
A. A person is guilty of animal neglect when he has custody or ownership or both of an animal and fails to provide adequate care or adequate control.
B. Animal neglect is a misdemeanor. All fines and penalties for a first (1st) conviction of animal neglect may be waived by the court provided that the person found guilty of animal neglect shows that adequate, permanent remedies for the neglect have been made. Reasonable costs incurred for the care and maintenance of neglected animals may not be waived. (RSMo. §578.009)
SECTION 205.230: ANIMAL ABUSE
A. A person is guilty of animal abuse when a person:
1. Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of Sections 578.005 to 578.023, RSMo.;
2. Purposely, intentionally or recklessly causes injury, suffering, or pain to an animal;
3. Abandons an animal in any place without making provisions for its adequate care;
4. Overworks or overloads an animal, or drives or works an animal unfit to work; or
5. Having ownership or custody of an animal willfully fails to provide adequate care or adequate control.
B. Animal abuse is a misdemeanor. (RSMo. §578.012)

SECTION 205.240: RESPONSIBILITY OF PARENT OR GUARDIAN OF MINOR’S ANIMAL
The parent or guardian of a minor child is responsible for the adequate care of any animal owned by, in the control of, or harbored by that minor child. (RSMo. §578.014)
SECTION 205.250: ANIMAL FIGHTS PROHIBITED
No person in the City shall maintain any place where fowl or animals are suffered to fight upon exhibition or for sport or upon any wager. (CC 1979 §73.440)
SECTION 205.260: BIRD SANCTUARY
A. The entire area embraced within the corporate limits of the City be, and the same is hereby designated as a bird sanctuary.
B. It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob bird nests or wild fowl nests. Provided however, if starlings or similar birds are found to be congregated in such numbers in a particular locality that they constitute a nuisance or menace to health or property in the opinion of the proper health authorities of the City, then in such event said health authorities may approve the trapping, hunting or shooting of such birds.
SECTION 205.270: DOMESTIC FOWLS
No person or persons shall permit any geese, ducks, chickens, turkeys and all other domestic fowls, to run at large. The owner or owners, keeper or possessors of same shall keep such fowls, geese, ducks, chickens, and turkeys on the premises of such owner, keeper or possessor of same. (CC 1979 §73.470)

CHAPTER 210: OFFENSES AND PENALTIES
 
ARTICLE I. OFFENSES AGAINST PUBLIC PEACE
SECTION 210.010: PEACE DISTURBANCE
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 and indecent language which is likely to produce an immediate violent response from a reasonable recipient; or
c. Threatening to commit an offense against any person; or
d. Fighting; or
e. Creating a noxious and offensive odor;
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.
B. Peace disturbance is a misdemeanor. (RSMo. §574.010)
SECTION 210.015: DISORDERLY CONDUCT
A. A person commits the offense of disorderly conduct if, with intent to provoke a peace disturbance or whereby a peace disturbance may be occasioned, he or she:
1. Uses offensive, threatening, abusive or insulting language or conduct; or
2. Acts so as to annoy, disturb, interfere with, obstruct or be offensive to others; or
3. Causes loud and unusual noise to the annoyance or disturbance of more than one (1) person; or
4, Assembles or congregates with another or others for the purpose of causing, provoking or engaging in any fight or brawl; or
5. Engages in any brawl or fight; or
6. Appears on a public way in a state of drunkenness.
B. Any person found guilty of any provision of this Section shall be deemed guilty of a misdemeanor and shall be subject to a fine of up to five hundred dollars ($500.00) and/or to incarceration for a term not to exceed ninety (90) days. (Ord. No. 515 §210.015, 8-4-94)
SECTION 210.020: ASSAULT
A. A person commits the offense of assault if:
1. He attempts to cause or recklessly causes physical injury to another person; or
2. With criminal negligence he causes physical injury to another person by means of a deadly weapon or dangerous instrument; or
3. He purposely places another person in apprehension of immediate physical injury; or
4. He recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; or
5. He knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.
B. When conduct is charged to constitute an offense because it causes or threatens physical injury, consent to that conduct or to the infliction of the injury is a defense only if:
1. The physical injury consented to or threatened by the conduct is not serious physical injury; or
2. The conduct and the harm are reasonably foreseeable hazards of:
a. The victim’s occupation or profession; or
b. Joint participation in a lawful athletic contest or competitive sport; or
3. The consent establishes a defense of jurisdiction.
C. Any person found guilty of a violation under Subsection (A) above shall be subject to a fine of up to five hundred dollars ($500.00) and to incarceration for a term not to exceed ninety (90) days. (Ord. No. 476 §75.01.003, 12-7-89)

SECTION 210.025: DOMESTIC VIOLENCE AND ABUSE
A. When a Buckner Police Officer has probable cause to believe a person has committed a violation of law amounting to abuse or assault, as defined in Section 455.010, RSMo., against a family or household member, the officer may arrest the offending party whether or not the violation occurred in the presence of the arresting officer. When the officer declines to make an arrest pursuant to this Subsection, the officer shall make a written report of the incident completely describing the offending person, giving the victim’s name, date, time, address, reason why no arrest was made, and any other pertinent information. Any Buckner Police Officer subsequently called to the same address within a twelve (12) hour period, who shall find probable cause to believe the same offender has again committed a violation as stated in this Subsection against the same or any other family or household member, shall arrest the offending party for this subsequent offense. The primary report of non-arrest in the preceding twelve (12) hour period may be considered as evidence of the defendant’s intent in the violation for which arrest occurred. The refusal of the victim to sign an official complaint against the violator shall not prevent an arrest under this Section.
B. When a Buckner Police Officer has probable cause to believe that a person, against whom a protective order has been entered and who has notice of such order entered, has committed an act of abuse in violation of such order, the officer shall arrest the offending person-respondent whether or not the violation occurred in the presence of the arresting officer. Refusal of the victim to sign an official complaint against the violator shall not prevent an arrest under this Section.
C. When making an arrest a Police Officer is not required to arrest both parties involved in domestic violence or an assault even if both parties claim to have been assaulted. The arresting officer shall attempt to identify and shall arrest the party believed to be the primary physical aggressor. The term “primary physical aggressor” is defined as the most significant, rather than the first, aggressor. The Police Officer shall consider any or all of the following in determining the primary physical aggressor:
1. The intent of the law to protect victims of domestic violence from continuing abuse.
2. The comparative extent of injuries inflicted or serious threats creating fear of physical injury.
3. The history of domestic violence between the persons involved.
D. When complaints are received from two (2) or more opposing parties, the Police Officer shall evaluate each complaint separately to determine whether to make an arrest.
E. In any arrest when a Buckner Police Officer acted in good faith reliance on this Section, the arresting and assisting Police Officers, their superiors, and the Buckner Police Department shall be immune from liability in any civil action alleging false arrest, false imprisonment or malicious prosecution.

F. The Buckner Police Department shall apply the same standard of response to an alleged incident of abuse or a violation of any order of protection as applied to any like offense involving strangers, except as otherwise provided by law. The Buckner Police Department shall not assign lower priority to calls involving alleged incidents of abuse or violation of protection orders than is assigned in responding to offenses involving strangers. Existence of any of the following factors shall be interpreted as indicating a need for immediate response:
1. The caller indicates that violence is imminent or in progress; or
2. A protection order is in effect; or
3. The caller indicates that incidents of domestic violence have occurred previously between the parties.
G. Any person found to be violation of any of the provisions of this Section shall be subject to a fine of up to five hundred dollars ($500.00), or to incarceration for up to ninety (90) days, or to both such fine and incarceration. (Ord. No. 517 §§I–II, 8-4-94)
SECTION 210.030: LOITERING
It shall be unlawful to loiter in such manner as to create breach of peace, disturbance, or annoyance to comfort and repose of any person, or to obstruct free passage of pedestrians or vehicles, or to obstruct, molest, or to interfere with any person lawfully in any public place, by conduct including the making of unsolicited remarks of offensive, disgusting, or insulting nature, or which are calculated to annoy or disturb persons in whose hearing they are made. (Ord. No. 476 §75.01.005, 12-7-89)
SECTION 210.040: PLAYING IN THE STREETS
No person shall throw, kick, or knock any ball or play any games on any public thoroughfare as to cause disruption of the traffic flow. No person shall knowingly or negligently allow violation of this Section if such person is the parent or custodian of a minor who is playing in the street. (Ord. No. 476 §75.01.006, 12-7-89)
SECTION 210.050: UNLAWFUL ASSEMBLY
A person commits the offense of unlawful assembly if he knowingly assembles with six (6) or more persons and agrees with such persons to violate any of the criminal laws of this State, the United States, or of Chapter 210 of the ordinances of the City of Buckner with force or violence. (Ord. No. 476 §75.01.007, 12-7-89)
SECTION 210.060: RIOTING
A person commits the offense of rioting if he knowingly assembles with six (6) or more other persons and agrees with such persons to violate any of the criminal laws of this State, the United States, or of Chapter 210 of the ordinances of the City of Buckner with force or violence, and thereafter, while still so assembled, does violate any of said laws with force or violence. (Ord. No. 476 §75.01.008, 12-7-89)
SECTION 210.070: REFUSAL TO DISPERSE
A person commits the offense of refusal to disperse if, being present at the scene of an unlawful assembly, or at the scene of a riot, he knowingly fails or refuses to obey the lawful command of a Law Enforcement Officer to depart from the scene of such unlawful assembly or riot. (Ord. No. 476 §75.01.009, 12-7-89)
SECTION 210.080: SOUND AMPLIFYING EQUIPMENT PROHIBITED
This section may be cited as the “Noise Control Ordinance of the City of Buckner, Missouri and it shall apply to the control of noise and sound originating within the limits of the City of Buckner, Missouri.
A. DEFINITIONS
For the purposes of this Section, the following items have the meanings ascribed to
them as hereinafter defined, unless where otherwise expressly stated or where the
context clearly defines a different meaning. Words used in the present tense include
the future, words in the singular include the plural, and words in the plural include the
singular; the “shall” or “must” are mandatory; and the term “used for” includes the
meaning “designated for” or “intended for.” All terminology used in this section, not
defined as follows, shall be in conformance with the American National Standards
Institute (ANSI) document: American National Acoustical Terminology, ANSI SI.1
1994 or a later approved ANSI revision thereof.
B. ZONED AREA: A district that has been assigned a zoning designation of R-1, R-2,
R-3, C-1, C-2, C3, I-1, I-2 and any special use areas in accordance with Title V
Building Codes of the Buckner Code of Ordinances.
C. CONSTRUCTION: Any site preparation, assembly, erection, substantial repair,
alteration or similar action, but excluding demolition, for or of public or private rights-
of-way, structures, buildings, utilities or similar property.
D. EMERGENCY: Any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage which demands immediate action.

E. EMERGENCY WORK: Any work performed for the purpose of preventing or
alleviating the physical trauma or property damage threatened or caused by an
emergency.
F. FIREWORKS: See Chapter 225 of this Code book.
G. MOTOR VEHICLE: Every vehicle which operates on land, other than a motorcycle.
H. MOTORCYCLE: Every motor vehicle designed to travel on not more than three (3)
wheels in contact with the ground, except any such vehicle as may be included within
the term tractor as piece of farm machinery.
I. ALL TERRAIN VEHICLES: Every motor vehicle designed to travel on not more than
four (4) wheels in contact with the ground, to include ATV’s, mini ATV’s, Dune Buggies
and mini Dune Buggies.
J. MUFFLER OR SOUND DISSIPATIVE DEVICE: A device for abating the sound of
escaping gases of an internal combustion engine, or for abating sound transmitted in a
duct, chase, pipe or other opening.
K. NOISE: Any sound which annoys or disturbs a reasonable human being or which
causes or tends to cause an adverse psychological or physiological effect on humans.
L. NOISE DISTURBANCE: Any sound which:
1. Endangers or injures the safety or health of humans or animals; or
2. Annoys or disturbs a reasonable person of normal sensitivities; or
3. Endangers or injures persons or real property.
M. PERSON: Any individual, association, partnership, or corporation, and includes any
officer, employee, department, agency or instrumentality of a State or any political
subdivision of a State.
N. PUBLIC RIGHT-OF-WAY: Any street, avenue, boulevard, highway, sidewalk or alley or
similar place which is owned or controlled by a governmental entity.
O. PUBLIC SPACE: Any real property, buildings or structures thereon which are owned or
controlled by a governmental entity.
P. REAL PROPERTY BOUNDARY: An imaginary line along the ground surface, and its
vertical extension, which separates the real property owned by one person from that
owned by another person, but not including intra-building real property divisions.
Q. RESIDENTIAL AREA: A district that has been assigned a zoning designation in
accordance with Title V of the Building Codes for the City of Buckner, Missouri
(see Chapter 500 Building Codes and Chapter 405 Subdivision Regulations)
R. SOUND: An oscillation in pressure, particle displacement, particle velocity or other
physical parameter in a medium with internal forces that causes compression and
rarefaction of that medium, and is the objective cause of hearing. The description
of sound may include any characteristic of such sound, including duration, level and
frequency.
No person shall make, continue, or cause to be made or continued, any noise disturbance. Non-commercial public speaking and public assembly activities conducted on any public space or public right-of-way and fireworks set off in compliance with Chapter 225 of this Code, shall be exempt from the operation of this Section. The following acts, among others not herein listed, and the causing thereof, are declared to be in violation of this Code, but said enumeration shall not be deemed to be exclusive, namely:
1. Operating, playing, or permitting the operation or playing of any radio, television,
phonograph, drum, musical instrument, sound amplifier, or similar device which produces,
reproduces, or amplifies sound:
a. Between the hours of 10:00 P.M. and 6:00 A.M. the following day in such a manner
as to create a noise disturbance across a real property boundary (except for activities
open to the public and for which a permit or license has been issued by the City of
Buckner, Missouri).

b. In such a manner as to create a noise disturbance at fifty (50) feet (fifteen (15)
meters) from such device, when operated in or on a motor vehicle on a public right-
of-way or public space.
c. In such a manner as to create a noise disturbance to any person other than the
operator of the device, when operated by any passenger on a common carrier.
d. This Section shall not apply to non-commercial spoken language covered under
Subsection two (2) following.
2. Using or operating loudspeakers/public address systems as follows:
a. For any non-commercial purpose any loudspeaker, public address system, or similar
device between the hours of 10:00 P.M. and 6:00 A.M. the following day, such that
the sound there from creates a noise disturbance across a residential real property
boundary.
b. For any commercial purpose any loudspeaker, public address system, or similar
device;
(1) Such that the sound there from creates a noise disturbance across a real
property boundary; or
(2) Between the hours of 10:00 P.M. and 6:00 A.M. the following day on a
public right-of-way or public space.
3. Offering for sale anything by shouting or outcry within any residential or commercial area of
the City except between the hours of 8:00 A.M. and 6:00 P.M. to include Auctions.
4. Owning, possessing or harboring any animal or bird which frequently or for continued
duration, howls, barks, meows, squawks, or makes other sounds which create a noise
disturbance across a residential real property boundary.

5. Operating or permitting the operation of any tools or equipment used in construction, drilling,
or demolition work:
a. Between the hours of 10:00 P.M. and 6:00 A.M. the following day seven (7) days a
week. such that the sound there from creates a noise disturbance across a residential
real property boundary, except for emergency work of public service utilities.
b. This Section shall not apply to the use of domestic power tools, subject to Subsection
eight (8).
6. Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motorboat in
such a manner as to cause a noise disturbance across a residential real property boundary.
7. Operating or permitting the operation of powered model vehicles so as to create a noise
disturbance across a residential real property boundary or in a public space between the
hours of 10:00 P.M. and 6:00 A.M. the following day.
8. Operating or permitting the operation of any mechanically powered saw, drill, sander,
grinder, lawn or garden tool, snow blower, or similar device used out doors in residential
areas between the hours of 10:00 P.M. and 6:00 A.M. the following day so as to cause a
noise disturbance across a residential real property boundary.
VIOLATION – PENALTY
Any person violating any of the provisions of this Section shall be deemed guilty of a misdemeanor and upon conviction thereof may be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned for a period not exceeding six (6) months or be so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
MANNER OF ENFORCEMENT
Violations of the Section shall be prosecuted in the same manner as other violations of the City’s Code.

INJUNCTION
As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision hereof and which cause discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed, and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by the Circuit Court of Jackson County, Missouri, or other courts of competent jurisdiction.
OTHER REMEDIES
No provision of this Ordinance shall be construed to impair any common law or statutory cause of action, or legal remedy there from, of any person for injury or damage arising from any violation of the Ordinance or from other law.
LIABILITY
No officer, agent, or employee of the City of Buckner, Missouri, shall render himself/herself personally liable for any damage that may occur to a person or property as a result of any act required or permitted in the discharge of his/her duties under this Ordinance.
SECTION 210.090: URINATING IN PUBLIC
It shall be unlawful for any person within the City to urinate in or upon any street, park, any public place open to the public or private place open to public view other than in the restroom facilities provided for such activity. (Ord. No. 476 §75.01.012, 12-7-89)
SECTION 210.100: HARASSMENT
It is unlawful for any person, for the purpose of frightening or disturbing another person:
1. Communicates in writing or by telephone a threat to commit any felony; or
2. To make a telephone call or to communicate in writing, using any coarse language offensive to one (1) of average sensibility; or
3. To make a telephone call anonymously; or
4. To make repeated telephone calls to another. (Ord. No. 476 §75.01.013, 12-7-89; RSMo. 565.090.1(1)

ARTICLE II. CONTROLLED SUBSTANCES

SECTION 210.110: DEFINITIONS
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
ADMINISTER: To apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:
1. A practitioner (or, in his presence, by his authorized agent); or
2. The patient or research subject at the direction and in the presence of the practitioner.
CONTROLLED SUBSTANCE: A drug, substance or immediate precursor in Schedules I through V listed in Sections 195.005 to 195.425, RSMo.
DELIVERY OR DELIVERY: The actual, constructive, or attempted transfer from one (1) person to another of drug paraphernalia or of a controlled substance, or an imitation controlled substance, whether or not there is an agency relationship, and includes a sale.
DISPENSE: To deliver a narcotic or controlled dangerous drug to an ultimate user or research subject by or pursuant to the lawful order of a practitioner including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for such delivery. “Dispenser” means a practitioner who dispenses.
DISTRIBUTE: To deliver other than by administering or dispensing a controlled substance.
DRUG:
1. Substances recognized as drugs in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them;
2. Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals;
3. Substances, other than food, intended to affect the structure or any function of the body of humans or animals; and
4. Substances intended for use as a component of any article specified in this definition. It does not include devices or their components, parts, or accessories.

DRUG PARAPHERNALIA: 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, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance or an imitation controlled substance in violation of this Article. The term “drug paraphernalia” 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 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 substances or imitation controlled substances.
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 compounding 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.
i. Electric pipes.
j. Air-driven pipes.
k. Chillums.
l. Bongs.
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 or imitation controlled substances.
3. The proximity of the object, in time and space, to a direct violation of this Article.
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 who he knows or should reasonably know, intend to use the object to facilitate a violation of this Article; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this Article 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 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.
IMITATION CONTROLLED SUBSTANCE: A substance that is not a controlled substance, which by dosage unit appearance (including color, shape, size and markings), or by representations made, would lead a reasonable person to believe that the substance is a controlled substance, In determining whether the substance is an “imitation controlled substance” the Court or authority concerned should consider, in addition to all other logically relevant factors, the following:
1. Whether the substance was approved by the Federal Food and Drug Administration for over the counter (non-prescription or non-legend) sales and was sold in the Federal Food and Drug Administration approved package, with the Federal Food and Drug Administration approved labeling information;
2. Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance, or its use or effect;
3. Whether the substance is packaged in a manner normally used for illicit controlled substances;
4. Prior convictions, if any, of an owner, or anyone in control of the object, under State or Federal Law related to controlled substances or fraud;
5. The proximity of the substances to controlled substances;
6. Whether the consideration tendered in exchange for the non-controlled substance substantially exceeds the reasonable value of the substance considering the actual chemical composition of the substance and, where applicable, the price at which over-the-counter substances of like chemical composition sell.
An imitation controlled substance does not include a non-controlled substance that was initially introduced in commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate. Furthermore, an imitation controlled substance does not include a placebo or registered investigational drug either of which was manufactured, distributed, possessed or delivered in the ordinary course of professional practice or research.
IMMEDIATE PRECURSOR: A substance which:
1. The State Department of Health has found to be and by rule designates as being the principal compound commonly used or produced primarily for use in the manufacture of a controlled substance;
2. Is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and
3. The control of which is necessary to prevent, curtail or limit the manufacture of the controlled substance.
MANUFACTURE: The production, preparation, propagation, compounding or processing of drug paraphernalia or of a controlled substance or an imitation controlled substance, either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. This term does not include the preparation or compounding of a controlled substance or an imitation controlled substance by an individual for his own use or the preparation, compounding, packaging or labeling of a narcotic or dangerous drug:
1. By a practitioner as an incident to his administering or dispensing of a controlled substance or an imitation controlled substance in the course of his professional practice; or
2. By a practitioner or his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis, and not for sale.

MARIJUANA: 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 does 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.
PERSON: An individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity.
PRACTITIONER: A physician, dentist, optometrist, podiatrist, veterinarian, scientific investigator, pharmacy, hospital or other person licensed, registered or otherwise permitted by this State to distribute, dispense, conduct research with respect to or administer or to use in teaching or chemical analysis, a controlled substance in the course of professional practice or research in this State, or a pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research.
PRODUCTION: The manufacture, planting, cultivation, growing or harvesting of drug paraphernalia or of a controlled substance or an imitation controlled substance.
ULTIMATE USER: A person who lawfully possesses a controlled substance or an imitation controlled substance for his own use or for the use of a member of his household or for administering to an animal owned by him or by a member of his household.
WHOLESALER: A person who supplies drug paraphernalia or controlled substances or imitation controlled substances that he himself has not produced or prepared, on official written orders, but not on prescription. (RSMo. §195.010 (2, 7, 10, 13, 14, 16, 18, 21, 22, 25, 26, 31, 34, 35, 39, 40))
SECTION 210.120: POSSESSION OF MARIJUANA
A. The possession of thirty-five (35) grams or less of marijuana is hereby prohibited.
B. This Section shall be applicable only to the first (1st) offense of possession of the amounts of marijuana stated in Subsection (A) above.
C. Persons found guilty of violation of this Section shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment of not more than ninety (90) days or by both said fine and imprisonment.

SECTION 210.130: POSSESSION, DELIVERY OR USE OF DRUG PARAPHERNALIA
A. Prohibited Conduct. Possession, delivery or use of drug paraphernalia is hereby prohibited.
B. A person commits the offense of possession, delivery or use of drug paraphernalia if he:
1. Uses, or possesses with the 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 or an imitation controlled substance;
2. Delivers, possesses with the intent to deliver or manufactures with an intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know that the drug paraphernalia 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;
3. Places in any newspaper, magazine, handbill or other publication any advertisement knowing or under circumstances where one should reasonably 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.
C. Any person found violating the provisions of this Section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00), or imprisonment for a term of not more than ninety (90) days, or by both said fine and imprisonment.
SECTION 210.140: GLUE SNIFFING — UNLAWFUL — PENALTIES
A. As used in this Section, the term “model glue” shall mean any glue or cement of the type commonly used in the building of model airplanes, boats, and automobiles containing toluene, acetone, or other solvent of chemical having the property of releasing toxic vapors.
B. No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system, intentionally smell or inhale the fumes from any model glue; provided however, that this Section shall not apply to the inhalation of any anesthesia for medical or dental purposes.
C. No person shall for the purpose of violating or aiding another to violate any provision of this Section intentionally possess, buy, sell, transfer possession, or receive possession of any model glue.

D. Except as provided in Subsection D(2) hereof and also Subsection (E), no person under eighteen (18) years of age shall possess or buy any model glue.
1. Except as provided in Subsection D(2) hereof and also Subsection (E), no person shall sell or transfer possession of any model glue to another person under eighteen (18) years of age.
2. Provided however, a person may sell or transfer possession of model glue to a person under eighteen (18) years of age for model building or other lawful use where said minor has in his possession and exhibits the written consent of his parent or guardian.
E. A person making a sale or transfer of possession of model glue to a person under eighteen (18) years of age who exhibits the written consent of his parent or guardian, shall record the name, address, sex, and age of the minor and the name and address of the consenting parent or guardian. All data required by this Subsection shall be kept in a permanent type register available for inspection by the City Health Officer, Chief of Police, and other appropriate official for a period of at least one (1) year. Such model glue shall be kept in a place within the business establishment in such a manner that the same shall not be obtained without the personal dispensing by the store owner or his agents, servants, and employees.
F. Any person other than a minor violating any of the provisions of this Section shall be deemed guilty of a misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Persons not having obtained the age of seventeen (17) violating any of the provisions of this Section shall be dealt with in accordance with juvenile laws and procedures of the State of Missouri. (Ord. No. 476 §75.02.007, 12-7-89)

ARTICLE III. WEAPONS

SECTION 210.150: DEFINITIONS
As used in this Chapter the following words shall have the meanings set out below:
BLACKJACK: Any instrument that is designed or adapted for the purpose of stunning or inflicting physical injury by striking a person, and which is readily capable of lethal use.
CONCEALABLE FIREARM: Any firearm with a barrel less than sixteen (16) inches in length, measured from the face of the bolt or standing breech.
DEFACE: To alter or destroy the manufacturer’s or importer’s serial number or any other distinguishing number or identification mark.
EXPLOSIVE WEAPON: Any explosive, incendiary, or poison gas bomb or similar device designed or adapted for the purpose of inflicting death, serious physical injury, or substantial property damage; or any device designed or adapted for delivering or shooting such a weapon.
FIREARM: Any weapon that is designed or adapted to expel a projectile by the action of an explosive.
FIREARM SILENCER: Any instrument, attachment, or appliance that is designed or adapted to muffle the noise made by the firing of any firearm.
GAS GUN: Any gas ejection device, weapon, cartridge, container or contrivance other than a gas bomb, that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellant or temporary incapacitating substance.
INTOXICATED: Substantially impaired mental or physical capacity resulting from introduction of any substance into the body.
KNIFE: Any dagger, dirk, stiletto, or bladed hand instrument that is readily capable of inflicting serious physical injury or death by cutting or stabbing a person. For purposes of this Chapter, “knife” does not include any ordinary pocket knife with no blade more than four (4) inches in length.
KNUCKLES: Any instrument that consists of finger rings or guards made of a hard substance that is designed or adapted for the purpose of inflicting serious physical injury or death by striking a person with a fist enclosed in the knuckles.
MACHINE GUN: Any firearm that is capable of firing more than one (1) shot automatically, without manual reloading, by a single function of the trigger.
PROJECTILE WEAPON: Any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.
RIFLE: Any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger.
SHORT BARREL: A barrel length of less than sixteen (16) inches for a rifle and eighteen (18) inches for a shotgun, both measured from the face of the bolt or standing breech, or an overall rifle or shotgun length of less than twenty-six (26) inches.
SHOTGUN: Any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire a number of shot or a single projectile through a smooth bore barrel by a single function of the trigger.
SPRING GUN: Any fused, timed or non-manually controlled trap or device designed or adapted to set off an explosion for the purpose of inflicting serious physical injury or death.
SWITCHBLADE KNIFE: Any knife which has a blade that folds or closes into the handle or sheath, and
1. That opens automatically by pressure applied to a button or other device located on the handle; or
2. That opens or releases from the handle or sheath by the force of gravity or by the application of centrifugal force. (RSMo. §571.010)
SECTION 210.160: POSSESSION — MANUFACTURE — TRANSPORT — REPAIR — SALE OF CERTAIN WEAPONS AN OFFENSE — EXCEPTIONS — PENALTIES
A. A person commits an offense if he knowingly possesses, manufactures, transports, repairs, or sells:
1. A switchblade knife;
2. A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm without a permit; or
3. Knuckles.
B. A person does not commit an offense under this Section if his conduct:
1. Was incident to the performance of official duty by the armed forces, national guard, a governmental law enforcement agency, or a penal institution; or
2. Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in Subparagraph (1) of this Subsection; or
3. Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; or
4. Was incident to displaying the weapon in a public museum or exhibition; or
5. Was incident to dealing with the weapon solely as a curio, ornament, or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance. No short barreled rifle, short barreled shotgun, or machine gun may be possessed, manufactured, transported, repaired or sold as a curio, ornament, or keepsake, unless such person is an importer, manufacturer, dealer, or collector licensed by the Secretary of the Treasury pursuant to the Gun Control Act of 1968, U.S.C., Title 18, or unless such firearm is an “antique firearm” as defined in Subsection 3 of Section 571.080, RSMo., or unless such firearm has been designated a “collectors item” by the Secretary of the Treasury pursuant to the U.S.C., Title 26, Section 5845(a).
C. Firearms.
1. It shall be unlawful for any person to carry or possess any firearm into any building under the control of the City of Buckner or the Park and Recreation Board, when that building has been posted to prohibit possession of firearms within the building.
2. Carrying of concealed weapons.
a. No person who has been issued a concealed carry endorsement by the Missouri Director of Revenue under Sections 571.101 to 571.121, RSMo., or who has been issued a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State shall, by authority of that endorsement or permit, be allowed to carry a concealed firearm or to openly carry a firearm in any building or portion of a building owned, leased or controlled by the City.
b. Signs shall be posted at each entrance of a building entirely owned, leased or controlled by the City stating that carrying of firearms is prohibited. Where the City owns, leases or controls only a portion of a building, signs shall be posted at each entrance to that portion of the building stating that carrying of firearms is prohibited.
c. This Subsection shall not apply to buildings used for public housing by private persons, highways or rest areas, firing ranges or private dwellings owned, leased or controlled by the City.
d. Any person found carrying a concealed weapon in or into a City building which has been posted to prohibit the carrying of firearms will be asked to leave the building. No person shall remain within a City building after being asked to leave pursuant to this Section. Failure to leave shall be an offense punishable by a fine of not more than five hundred dollars ($500.00) or by incarceration in the City or County Jail for not more than ninety (90) days, or by both fine and incarceration.
D. Unless otherwise specified, an offense under this Section is a misdemeanor. (RSMo. §571.020; Ord. No. 710 §§1–2, 2-26-04)

SECTION 210.165: REGULATING BUILDING (S) SECURITY, SEARCHES AND EXEMPTION.
Section I General Provisions
Threats and acts of violence directed at the general public, witnesses, jurors, litigants, lawyers, court personnel, judges, city employees and elected officials demonstrate the need for additional security at the City Hall, Buckner Police Department, Buckner Municipal Court and all other City owned Buildings (hereinafter collectively referred to as the Building (s)). The Mayor, Board of Aldermen, Police Chief and Judge hereby prohibits all persons, with the exception of those specifically enumerated in section II below, from carrying or possessing firearms, weapons or destructive devices. Further, this ordinance prohibits all persons from carrying or being in possession of any other device (s) or instrument (s) that could be used or perceived to be used as a physical threat to persons, or property, in the building (s) owned by the City of Buckner. Prohibitions shall include but are not limited to pocket knives, ammunition, and fireworks, caustic or flammable liquids. To enforce this prohibition the Buckner Police Officers and any other City of Buckner personnel (hereinafter collectively referred to as the Security Detail) are empowered to stop all persons entering the building, with the exception of those persons specifically enumerated in Section II below, and condition the right of entry upon the entrant’s willingness to submit to a search of their person and/or personal effects to include purses, pocketbooks, briefcases, containers, packages, pagers, cellular phones and any other electronic device deemed necessary by the security detail. All persons refusing to submit to a search shall be denied access to the building (s). Searches shall be conducted through the least intrusive means practicable. The purpose of the search is to insure the safety of the users and occupants of the building (s). Nonetheless, discovery of illegal weapons, contraband as defined in The Missouri Criminal Code Chapter RSMO 571, RSMO § 571.010 (2) and RSMO § 571.010 (18), Unlawful use of Weapons RSMO § 571.030 (10.5) or other violations of criminal statutes will result in the immediate notification of law enforcement so that an arrest and seizure may be effectuated.
Section II Persons Exempt
A. No law enforcement officer of any department may, ninety (90) days after the effective date of this Ordinance, enter the Building (s) in possession of a firearm, unless the officer’s employing department has in place in its
Departmental Policy and Procedures Manual, a requirement and disciplinary procedures preventing its officers from entering the Building (s) in the possession of a firearm, other than in the course and scope of the officer’s official duties. Each Law Enforcement Department shall file with the Municipal Court Clerk a certified copy of such policy and procedure prior to the entry of any of its law enforcement officers to the Building (s).
B. The following shall be exempt from the prohibition against carrying firearms into the building (s):
1. All Law Enforcement Officers of Jackson County Sheriff’s Office.
2. All Law Enforcement Officers of any Jackson County Municipality.
3. All Law Enforcement Officers of the State of Missouri, whose primary
assignment is within Jackson County while engaged in their official
duties.
However, no Law Enforcement Officer may enter the Building (s) in possession of a firearm for any purpose other than in the course and scope of the officer’s official duties. At no time may any Law Enforcement Officer possess a firearm within the Building (s) when off-duty or for any private or personal purpose.
All non-uniform and/or plain clothes law enforcement officers shall be require to present his/her official identification prior to entry into the Building (s). Any officer not presenting official identification shall be prohibited from possessing a firearm within the Building (s). Further, non-uniformed and/or plain clothes law enforcement officers shall be required to securely encase and conceal their firearms from public view. All uniformed officers shall securely encase their firearms in their service holsters. This exemption only applies to Law Enforcement Officers who are entering the Building (s) to fulfill their official law enforcement duties.
C. The Security Detail shall be required to maintain a log for all non-uniform
and/or plain clothes law enforcement officers in possession of a firearm and
be required to cause all non-uniformed and/or plain clothes to register
immediately upon entry to the Building (s). The law enforcement officer’s
reason for entry to the Building (s) shall be recorded. Any Federal law enforcement officer or any law enforcement officer of a department not in
compliance with Section II (A) of this Ordinance shall immediately report to the Buckner Chief of Police or his/her designee. The Buckner Chief of Police or his/her designee may in his/her discretion allow that law enforcement officer to possess a firearm within the Building or to require the firearm to be secured in a vehicle.
D. When entering the Building (s) the following shall be exempt from the search requirement:
1. The Judge and Prosecuting Attorney for the City of Buckner.
2. All Constitutional Officers of the State of Missouri whose primary office is located within Jackson County.
3. The Court Clerk of the City of Buckner.
4. The Mayor, City Administrator and/or Board of Aldermen of the City of Buckner.
The Security Detail shall not exempt any person, who is exempt under provision II (C), unless that person is personally known to the Security Detail or, if not personally known, the person presents his/her official identification.
Section III Nonexempt Persons
No one shall be permitted to carry any weapon into the Building (s) unless the person is specifically exempted under Section II above.
All Law enforcement officers who are authorized to carry firearms as part of their official duties are prohibited from carrying a firearm into the Building (s), when the law enforcement officer is a party to the proceedings and not appearing in an official capacity.
All law enforcement officers not employed by a Law Enforcement Agency situated within Jackson County, Missouri, all State of Missouri Law Enforcement Officers not assigned to posts in Jackson County, Missouri, and any Federal Law Enforcement Officer or member of any Jackson County, Missouri of Jackson County, Missouri Municipal Law Enforcement Department which has not complied with Section II (A) of this Ordinance, shall be required to present identification and to immediately report to the Buckner Chief of Police and/or his/her designee. The Buckner Chief of Police and/or his/her designee may at his/her discretion allow that law enforcement officer to possess a firearm within the Building (s) or require said law enforcement officer to secure the firearm in their vehicle.
Prior to gaining access beyond the lobby of the Building (s), any person carrying a legally authorized firearm or other weapon shall remove the weapon from the Building (s) and secure it in their vehicle before they engage in the security check point (s).
Section IV Admission Searches
Any person desiring to enter the Building (s) shall enter through authorized entrances and shall pass through a magnetometer (hereinafter collectively referred to as the metal detector).
Any person who activates the metal detector must empty his or her pockets and pass through the device a second time. If, after the second pass through, the metal detector is again activated, the person shall be subject to a security search to identify all objects which activated the metal detector.
Prior to passing through the metal detector, any person carrying a package, briefcase, container, purse, pocketbook, pager, cellular phone or any other electronic device shall place such items in a basket and/or shall submit it to the Security Detail for visual inspection up to and including activation, if applicable.
The examiner shall not read any written material disclosed during a search.

If illegal firearms, weapons, destructive devices or contraband, as defined in The Missouri Criminal Code Chapter 571, RSMO § 571.010 (2) and RSMO § 571.010 (18) are discovered during a search, the Buckner Police Department shall be notified immediately so that an arrest and seizure might be effectuated.
Section V Law Enforcement Within the Building (s)
Any person or persons engaged in any activity which is perceived to be a threat to the safety of persons or property within the Building (s) or which disrupt the official business conducted within the Building (s), or which disrupts the official business conducted within the Building (s), or which constitutes a violation of a Missouri Statute, Jackson County, Missouri ordinance or other municipal ordinance shall be subject to ejection from the Building (s) upon order of a duly authorized law enforcement officer, Judge or Mayor of the City of Buckner.
Any person or persons failing to immediately exit the Building (s) upon order of a duly authorized law enforcement officer, Judge or Mayor of the City of Buckner pursuant to this ordinance, shall be subject to arrest.
Section VI Packages And Letters
All packages and letters entering the Building (s) shall either pass through a metal detector or be inspected. In the case of boxes of materials and supplies delivered to the Building (s), the inspection shall be to ensure that the integrity of the carton has not been compromised. If a carton appears to have been opened and resealed, the carton shall be inspected to ensure that no firearm, weapons or destructive devices have been placed in the carton.
If illegal firearms, weapons, destructive devices or contraband, as defined in The Missouri Criminal Code Chapter 571, RSMO § 571.010 (2) and RSMO § 571.010 (18), Section I of this ordinance, are discovered during a search, the Buckner Police Department shall be notified immediately so that an arrest and seizure may be effectuated.
Section VII Notice
The following notice shall be posted in a conspicuous place at all Building (s) entrances: “FOR THE PROTECTION OF THE PUBLIC, ALL PERSONS ENTERING THESE PREMISES MUST PASS THROUGH THE MAGNETOMETER (METAL DETECTOR). IF THE DETECTOR REGISTERS, THAT PERSON WILL BE SUBJECT TO A LIMITED SEARCH. ALL PACKAGES, BRIEFCASES, POCKETBOOKS OR OTHER ITEMS CARRIED BY A PERSON MUST BE OFFERED FOR INSPECTION IF SUCH PERSON WISHES TO ENTER THE BUILDING (S). ALL WEAPONS, INCLUDING LEGALLY-AUTHORIZED FIREARMS, MUST BE REMOVED FROM THE BUILDING (S) PRIOR TO GAINING ENTRY INTO THE BUILDING (S). ILLEGAL WEAPONS OR OTHER CONTRABAND DISCOVERED IN THE COURSE OF THESE SEARCH PROCEDURES WILL BE SEIZED.”

SECTION 210.170: UNLAWFUL USE OF WEAPONS — EXCEPTIONS
A. A person commits the offense of unlawful use of weapons if he knowingly:
1. Discharges or shoots a firearm without a permit; or
2. Possesses or discharges a firearm or projectile weapon while intoxicated; or
3. Discharges a firearm within one hundred (100) yards of any occupied school house, courthouse or church building without a permit; or
4. Discharges or shoots a firearm at a mark, at any object or at random on, along or across a public highway or discharges or shoots a firearm into any outbuilding without a permit; or
5. Openly carries a firearm or any other weapon readily capable of lethal use without a permit.
6. However, this Section shall not apply to 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., and those personnel meeting the requirements established by the State under Section 388.600, RSMo., for railroad Police Officers.
B. Subparagraphs (1), (3), (4) and (5) 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;
2. Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense;
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;
5. Any person whose bona fide duty is to execute process, civil or criminal.
C. Subparagraphs (2) and (5) 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. (RSMo. §571.030; Ord. No. 710 §3, 2-26-04)

SECTION 210.180: DEFACING FIREARM — PENALTY
A. A person commits the offense of defacing a firearm if he knowingly defaces any firearm.
B. Defacing a firearm is a misdemeanor. (RSMo. §571.045)
SECTION 210.190: POSSESSION OF DEFACED FIREARM — PENALTY
A. A person commits the offense of possession of a defaced firearm if he knowingly possesses a firearm which is defaced.
B. Possession of a defaced firearm is a misdemeanor. (RSMo. §571.050)
SECTION 210.200: UNLAWFUL TRANSFER OF WEAPONS
A person commits the offense of unlawful transfer of weapons if he:
1. Knowingly sells, leases, loans, gives away or delivers a blackjack to a person less than eighteen (18) years old without the consent of the child’s custodial parent or guardian, or recklessly, as defined in Section 562.016, RSMo., sells, leases, loans, gives away or delivers any firearm to a person less than eighteen (18) years old without the consent of the child’s custodial parent or guardian; provided, that this does not prohibit the delivery of such weapons to any Peace Officer or member of the Armed Forces or National Guard while performing his official duty; or
2. Recklessly, as defined in Section 562.016, RSMo., sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to a person who is intoxicated. (RSMo. §571.060)
SECTION 210.210: GUN DEALERS
A. Every secondhand dealer, pawnbroker, or other person engaged in the sale, lease, exchange, or delivery of any weapons shall keep a record of each firearm purchased, sold, leased, exchanged, or delivered at retail.
1. The record required herein shall be made at the time of the transaction in a book kept for that purpose, and shall include the name of the person to whom such weapon is sold or from whom such weapon is purchased; his or her age, physical description, occupation, residence and, if residing in a municipality, the street and number where he or she resides; the make, caliber, and finish of the firearm, together with the number or serial letter thereon, if any; the date of the transaction involving such weapon; and the name of the employee or other person making such purchase, sale, lease, exchange, or delivery.

2. Every secondhand dealer, pawnbroker, or other person engaged in the sale, rental, or exchange of any weapons shall deliver monthly reports to the Chief of Police of every such purchase, sale, lease, exchange, or delivery. The report shall be on forms provided by the Chief of Police, and shall set forth the name in full, the residence, age, and physical description, and the occupation of the person to whom or from whom such gun, pistol, firearm or other dangerous or deadly weapon has been purchased, sold, leased, exchanged, or delivered.
B. Any person in violation of this Section shall be subject upon repeated violations to the revocation of his business or occupational license. (Ord. No. 476 §75.03.005, 12-7-89)
SECTION 210.220: GUNSHOT WOUNDS — PHYSICIANS, NURSES, THERAPISTS, DUTY TO REPORT, CONTENT — VIOLATION, PENALTY
A. Any person licensed under Chapter 334 or 335, RSMo., who treats a person for a wound inflicted by gunshot shall immediately report to a local Law Enforcement Official the name and address of the person, if known, and if unknown, a description of the person, together with an explanation of the nature of the wound and the circumstances under which the treatment was rendered.
B. Any person licensed under Chapter 334 or 335, RSMo., who knowingly fails to report the injuries described in this Section is guilty of the offense of medical deception.
C. Medical deception is an infraction. (RSMo. §578.350)

ARTICLE IV. INTERFERENCE WITH ADMINISTRATION OF JUSTICE
SECTION 210.230: FALSE REPORTS
A. A person commits the offense of making a false report if he knowingly:
1. Gives false information to a Law Enforcement Officer for the purpose of implicating another person in a offense;
2. Makes a false report to a Law Enforcement Officer that a offense has occurred or is about to occur; or
3. Makes a false report or causes a false report to be made to a Law Enforcement Officer, security officer, Fire Department or other organization, official or volunteer, which deals with emergencies involving danger to life or property that a fire or other incident calling for an emergency response has occurred.
B. It is a defense to a prosecution under Subsection (A) that the actor retracted the false statement or report before the Law Enforcement Officer or any other person took substantial action in reliance thereon. (Ord. No. 476 §75.04.001, 12-7-89)
SECTION 210.240: FALSE IMPERSONATION
A. A person commits the offense of false impersonation if he:
1. Falsely represents himself to be a public servant with purpose to induce another to submit to his pretended official authority or to rely upon his pretended official acts; and
a. Performs an act in that pretended capacity; or
b. Causes another to act in reliance upon his pretended official authority;
2. Falsely represents himself to be a person licensed to practice or engage in any profession for which a license is required by the laws of the State of Missouri with purpose to induce another person to rely upon such representation, and
a. Performs an act in that pretended capacity; or
b. Causes another to act in reliance upon such representation.
B. No person may wear or otherwise display upon his or her person any uniform, insignia, or other device or parts thereof which indicate or tend to indicate that the wearer is a Law Enforcement Officer, possesses an official capacity, or is licensed to practice a particular profession when he, in fact, is not so licensed nor possesses such an official authority.

C. Upon arrest for a violation of Subsection (B), all uniforms or parts thereof, insignia, badges, or other identification shall be retained by the Police Department pending trial of said violation and upon conviction after the time for appeal therefrom has passed, said articles shall be destroyed in the presence of the Judge of the Municipal Court by the Police Department so as to prevent their further wrongful and unlawful use. (Ord. No. 476 §75.04.002, 12-7-89)
SECTION 210.250: RESISTING OR INTERFERING WITH ARREST
A. A person commits the offense of resisting or interfering with arrest if, knowing that a Law Enforcement Officer is making an arrest, for the purpose of preventing the Officer from effecting the arrest, he:
1. Resists the arrest of himself 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 offense or ordinance violation.
C. It is no defense to a prosection 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.
D. No person shall offer, aid, or attempt to assist or aid any person in the custody of or confined under the authority of the City to escape from jail, place of confinement, or custody.
E. Resisting or interfering with arrest is a misdemeanor. (Ord. No. 476 §75.04.003, 12-7-89; RSMo. §575.150)
SECTION 210.260: ESCAPE OR ATTEMPTED ESCAPE FROM CUSTODY
A. A person commits the offense of escape from custody or attempted escape from custody if, while being held in custody after arrest for any offense, he escapes or attempts to escape from custody.
B. Escape or attempted escape from custody is a misdemeanor. (RSMo. §575.200)
SECTION 210.270: FAILURE TO ASSIST THE POLICE
Any Policeman of the City is hereby authorized, whenever he deems it necessary, to call to his assistance any person or number of persons needed to aid him in making arrests; and every person who, upon being so summoned by a Policeman, shall neglect or refuse to aid in making any arrest shall be guilty of the offense of failing to assist the Police. (Ord. No. 476 §75.04.005, 12-7-89)

SECTION 210.280: TAMPERING WITH A WITNESS — TAMPERING WITH A VICTIM
A. A person commits the offense of tampering with a witness if, with the purpose to induce a witness or prospective witness in an official proceeding to disobey a subpoena or other legal process, or to absent himself/herself or avoid subpoena or other legal process, or to withhold evidence, information or documents, or to testify falsely, such person:
1. Threatens or causes harm to any person or property; or
2. Uses force, threats or deception; or
3. Offers, confers or agrees to confer any benefit direct or indirect upon such witness; or
4. Conveys any of the foregoing to another in furtherance of a conspiracy.
B. A person commits the offense of victim tampering if, with purpose to do so, he/she prevents or dissuades or attempts to prevent or dissuade any person who has been a victim of any offense or a person who is acting on behalf of any such victim from:
1. Making any report of such victimization to any Peace Officer, or State, local or Federal Law Enforcement Officer or prosecuting agency or to any Judge;
2. Causing a complaint, indictment or information to be sought and prosecuted or assisting in the prosecution thereof;
3. Arresting or causing or seeking the arrest of any person in connection with such victimization.
C. Any person found guilty of tampering with a witness or a victim under the terms of this Section shall be subject to a fine of up to five hundred dollars ($500.00) and to incarceration for a term not to exceed ninety (90) days. (Ord. No. 476 §75.04.006, 12-7-89)
SECTION 210.290: DISTURBING A JUDICIAL PROCEEDING
A person commits the offense of disturbing a judicial proceeding if, with purpose to intimidate a judge, attorney, juror, party or witness, and thereby to influence a judicial proceeding, he disrupts or disturbs a judicial proceeding by participating in an assembly and calling aloud, shouting, or holding or displaying a placard or sign containing written or printed matter, concerning the conduct of the judicial proceeding, or the character of the judge, attorney, juror, party or witness engaged in such proceeding, or calling for or demanding any specified action or determination by such judge, attorney, juror, party or witness in connection with such proceeding. (Ord. No. 476 §75.01.002, 12-7-89)

SECTION 210.295: FAILURE TO APPEAR
A. A person commits the offense of failure to appear if he or she fails to appear at the time and place scheduled after having been duly served with a summons or notice to appear at the time and place as scheduled and after having been released upon bond or upon personal recognizance.
B. It is a defense to a prosecution under Subsection (A) of this Section if the offender shows that their failure was not attributable to a failure on his or her part to make a good faith effort to appear but the defendant shall have the burden of injecting the issue of justification for such failure to appear.
C. any person who has been duly served with a summons or notice to appear and who shall fail or refuse to obey any of its terms and conditions and/or who shall fail to appear at the place and at the time fixed therein may be punished by a fine of up to five hundred dollars ($500.00) or by incarceration for not more than thirty (30) days or by both such fine and incarceration. (Ord. No. 516 §210.295, 8-4-94)
 
ARTICLE V. OFFENSES AGAINST PROPERTY
SECTION 210.300: PROPERTY DAMAGE
A person commits the offense of property damage if:
1. He/she knowingly damages property of another; or
2. He/she damages property for the purpose of defrauding an insurer. (Ord. No. 476 §75.05.001, 12-7-89)
SECTION 210.310: UNLAWFUL USE OF HANDBILLS
A. It shall be unlawful for any person, firm or corporation to throw, place, scatter, distribute or in any manner deposit upon any street, alley, sidewalk or other place in the City, any handbill, placard, poster, dodger or other notice of advertisement.
B. It shall be unlawful for any person to paste, fasten or in any manner affix to any curb or sidewalk or public street in the City any drawing, writing, handbill, placard, poster, dodger or notice of advertisement.
C. Notwithstanding the provisions of this Section, any business properly licensed under the provisions of this Code engaged in the occupation of distributing advertising materials, may distribute said materials without having obtained prior approval from any such persons so owning or in charge, custody or control of property upon which said materials are to be distributed if said advertising materials are bundled together in a container displaying the firm name, address and telephone number of the business distributing said materials; provided however, that it shall be unlawful for said business to continue to distribute said materials on property owned by, or belonging to, or in charge of another person when said person requests said business to refrain from distributing said materials; and, provided further, that said business shall not distribute said materials upon vacant or abandoned property in such fashion as to allow said materials to accumulate in violation of any other Section of this Article. (Ord. No. 476 §75.05.002, 12-7-89)
SECTION 210.320: SCATTERING RUBBISH
No person shall throw, deposit or scatter or permit to be deposited or scattered upon any sidewalk, alley, street, bridge, or public passageway, or upon private property, any waste or other material of any kind. (Ord. No. 476 §75.05.003, 12-7-89)

SECTION 210.330: TAMPERING IN THE SECOND DEGREE
A. A person commits the offense of tampering in the second (2nd) degree if he:
1. Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or
2. Unlawfully rides in or upon another’s automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle; or
3. Tampers or makes connection with property of a utility; or
4. Tampers with, or causes to be tampered with, any meter or other property of an electric, gas, steam or water utility, the effect of which tampering is either:
a. To prevent the proper measuring of electric, gas, steam or water service; or
b. To permit the diversion of any electric, gas, steam or water service.
B. In any prosecution under Subparagraph (4) of Subsection (A), proof that a meter or any other property of a utility has been tampered with, and the person or persons accused received the use or direct benefit of the electric, gas, steam or water service, with one (1) or more of the effects described in Subparagraph (4) of Subsection (A), shall be sufficient to support an inference which the trial court may submit to the trier of fact, from which the trier of fact may conclude that there has been a violation of such Subparagraph by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.
C. Tampering in the second (2nd) degree is a misdemeanor. (RSMo. §569.090)
State Law Reference — As to the conditions which make this offense a felony, see RSMo. §569.090.3.
SECTION 210.340: CLAIM OF RIGHT
A person does not commit an offense of damaging, tampering with, operating, riding in or upon, or making connection with property of another if the act is done under a claim of right and that person has reasonable grounds to believe he/she has such a right. (Ord. No. 476 §75.05.006, 12-7-89)
SECTION 210.350: TRESPASS IN THE FIRST DEGREE
A. A person commits the offense of trespass in the first (1st) degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.

B. A person does not commit the offense of trespass in the first (1st) degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:
1. Actual communication to the actor; or
2. Posting in a manner reasonably likely to come to the attention of intruders.
C. Trespass in the first (1st) degree is a misdemeanor. (RSMo. §569.140)
SECTION 210.360: POSSESSION OF BURGLAR’S TOOLS
A person commits the offense of possession of burglar’s tools if that person possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, with a purpose to use or knowledge that some person has the purpose of using the same in the commission of an offense of such character. Upon conviction under this Section, all such tools become the property of the Buckner Police Department. (Ord. No. 476 §75.05.009, 12-7-89)
SECTION 210.370: STEALING
A. A person commits the offense of stealing property if he/she appropriates services or property of another with the purpose to deprive that person thereof, either without consent or by means of deceit or coercion.
B. For purposes of this Section the following terms are defined:
APPROPRIATE: To take, obtain, use, transfer, conceal or retain possession of.
COERCION: A threat, however communicated to:
1. Commit any offense; or
2. Inflict physical injury in the future on the person threatened or another; or
3. Accuse any person of any offense; or
4. Expose any person to hatred, contempt or ridicule; or
5. Harm the credit or business repute of any person; or
6. Take or withhold action as a public servant, or to cause a public servant to take or withhold action; or
7. Inflict any other harm which would not benefit the actor.

A threat of accusation, lawsuit or other invocation of official action is not coercion if the property sought to be obtained by virtue of such threat was honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation, exposure, lawsuit or other official action relates, or as compensation for property or lawful service. The defendant shall have the burden of injecting the issue of justification as to any threat.
DECEIT: Purposely making a representation which is false and which the actor does not believe to be true and upon which the victim relies, as to a matter of fact, law, value, intention or other state of mind. the term “deceit” does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. Deception as to the actor’s intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise.
DEPRIVE: To withhold property from the owner permanently; restore property only upon payment of reward or compensation; or to use or dispose of property in a manner that makes recovery of the property by the owner unlikely.
SERVICES: Includes transportation, telephone, electricity, gas, water, cable television services, or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions or other forms of entertainment, and use of vehicles.
C. A person does not commit an offense under this Section if, at the time of the appropriation, he/she:
1. Acted in the honest belief that he/she had the right to do so; or
2. Acted in the honest belief that the owner, if present, would have consented to the appropriation. (Ord. No. 476 §75.05.010, 12-7-89; RSMo. §570.010(3)(6))
SECTION 210.380: RECEIVING STOLEN PROPERTY
A person commits the offense of receiving stolen property if for the purpose of depriving the owner of lawful interest therein, he/she receives, retains, or disposes of property of another knowing that it has been stolen, or believing that it has been stolen. Evidence of the following is admissible in any criminal prosecution under this Section to prove the requisite knowledge or belief of the alleged receiver:
1. That he/she was found in possession or control of property stolen on separate occasions from two (2) or more persons.
2. That he/she received stolen property in another transaction within the year preceding the transaction charged.
3. That he/she acquired the stolen property for a consideration which he/she knew was far below its reasonable value. (Ord. No. 476 §75.05.011, 12-7-89)

SECTION 210.390: OBTAINING AND ACCEPTING TRANSPORTATION BY FALSE PRETENSES
A. It shall be unlawful for any person to obtain and accept transportation in or on any common carrier vehicle, bus, or taxicab with the intent to defraud the owner or driver thereof.
B. Proof that transportation was obtained by false pretense or false representation, or by failing or refusing to pay for such transportation on demand, or that the defendant left the vehicle without paying or offering to pay for such transportation shall be prima facia proof of the intent to defraud. (Ord. No. 476 §75.05.012, 12-7-89)
SECTION 210.400: FRAUDULENT USE OF A CREDIT DEVICE
A. A person commits the offense of fraudulent use of a credit device if that person uses a credit device for the purpose of obtaining services of property valued under one hundred fifty dollars ($150.00), knowing that:
1. The device is stolen, fictitious or forged; or
2. The device has been revoked or canceled; or
3. For any other reason his/her use of the device is unauthorized.
B. For purposes of this Section, a “credit device” means a writing, number or other device purporting to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer. (Ord. No. 476 §75.05.013, 12-7-89)
SECTION 210.410: PASSING BAD CHECKS — PENALTY
A. A person commits the offense of passing a bad check when, with purpose to defraud, he issues or passes a check or other similar sight order for the payment of money, knowing that it will not be paid by the drawee, or that there is no such drawee.
B. If the issuer had no account with the drawee or if there was no such drawee at the time the check or order was issued, this fact shall be prima facie evidence of his purpose to defraud and of his knowledge that the check or order would not be paid.
C. If the issuer has an account with the drawee, failure to pay the check or order within ten (10) days after notice in writing that it has not been honored because of insufficient funds or credit with the drawee is prima facie evidence of his purpose to defraud and of his knowledge that the check or order would not be paid.
D. Notice in writing means notice deposited as first class mail in the United States mail and addressed to the issuer at his address as it appears on the dishonored check or to his last known address.
E. The face amounts of any bad checks passed pursuant to one course of conduct within any ten (10) day period, may be aggregated in determining the grade of the offense.
F. Passing bad checks is a misdemeanor.
G. Additional Costs.
1. In addition to all other costs and fees allowed by law, each Prosecuting Attorney or Circuit Attorney who takes any action under the provisions of this Section may collect from the issuer in such action an administrative handling cost, except in cases filed in a court of appropriate jurisdiction. The cost shall be five dollars ($5.00) for checks of less than ten dollars ($10.00), ten dollars ($10.00) for checks of ten dollars ($10.00) but less than one hundred dollars ($100.00), and twenty-five dollars ($25.00) for checks of one hundred dollars ($100.00) or more. Notwithstanding the provisions of Sections 50.525 to 50.745, RSMo., the costs provided for in this Subsection shall be deposited by the County Treasurer into a separate interest-bearing fund to be expended by the Prosecuting Attorney or Circuit Attorney upon appropriation by the governing body of the County or City not within a County. The funds so budgeted shall be expended, upon warrants issued by the Prosecuting Attorney or Circuit Attorney directing the Treasurer to issue checks thereon, only for purposes related to that previously authorized in this Section. Any revenues that are not required for the purposes of this Section shall be placed in the General Revenue Fund of the County or City not within a County.
2. The monies deposited in the fund may be used by the Prosecuting or Circuit Attorney for office supplies, postage, books, training, office equipment, capital outlay, expenses of trial and witness preparation, additional employees for the staff of the Prosecuting or Circuit Attorney and employees’ salaries.
3. This fund may be audited by the State Auditor’s office or the appropriate auditing agency.
4. If the monies collected and deposited into this fund are not totally expended annually, then the unexpended balance shall remain in said fund and the balance shall be kept in said fund to accumulate from year to year.
H. In all cases where a Prosecutor receives notice from the original holder that a person has violated this Section with respect to a payroll check or order, the Prosecutor, if he determines there is a violation of this Section, shall file an information or seek an indictment within sixty (60) days of such notice and may file an information or seek an indictment thereafter if the Prosecutor has failed through neglect or mistake to do so within sixty (60) days of such notice and if he determines there is sufficient evidence shall further prosecute such cases.
I. When any financial institution returns a dishonored check to the person who deposited such check, it shall be in substantially the same physical condition as when deposited, or in such condition as to provide the person who deposited the check the information required to identify the person who wrote the check. (RSMo. §570.120)

SECTION 210.420: FRAUDULENTLY STOPPING PAYMENT ON AN INSTRUMENT — PENALTIES
A. A person commits the offense of “fraudulently stopping payment of an instrument” if he, knowingly, with the purpose to defraud, stops payment on a check or draft given in payment for the receipt of goods or services.
B. Fraudulently stopping payment of a instrument is a misdemeanor.
C. In shall be prima facie evidence of a violation of this Section, if a person stops payment on a check or draft and fails to make good the check or draft, or return or make and comply with reasonable arrangements to return the property for which the check or draft was given in the same or substantially the same condition as when received within ten (10) days after notice in writing from the payee that the check or draft has not been paid because of a stop payment order by the issuer to the drawee.
D. “Notice in writing” means notice deposited as certified or registered mail in the United States mail and addressed to the issuer at his address as it appears on the dishonored check or draft or to his last known address. The notice shall contain a statement that failure to make good the check or draft within ten (10) days of receipt of the notice may subject the issuer to criminal prosecution. (RSMo. §570.125)

ARTICLE VI. OFFENSES INVOLVING MORALS AND PUBLIC POLICY

SECTION 210.430: DEFINITIONS
As used in this Article the following terms mean:
PATRONIZING PROSTITUTION: A person patronizes prostitution if:
1. Pursuant to a prior understanding, he gives something of value to another person as compensation for that person or a third (3rd) person having engaged in sexual conduct with him or with another; or
2. He gives or agrees to give something of value to another person on an understanding that in return therefor that person or a third (3rd) person will engage in sexual conduct with him or with another; or
3. He solicits or requests another person to engage in sexual conduct with him or with another or to secure a third (3rd) person to engage in sexual conduct with him or with another, in return for something of value.
PROSTITUTION: A person commits prostitution if he engages or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by the person or by a third (3rd) person.
SEXUAL CONDUCT: Occurs when there is:
1. “Deviate sexual intercourse”: which means any sexual act involving the genitals of one (1) person and the mouth, hand, tongue, or anus of another person; or
2. “Sexual contact”: which means any touching, manual or otherwise, of the anus or genitals of one (1) person by another, done for the purpose of arousing or gratifying sexual desire of either party; or
3. “Sexual intercourse”: which means any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.
SOMETHING OF VALUE: Any money or property, or any token, object or article exchangeable for money or property. (RSMo. §567.010)
SECTION 210.440: PROSTITUTION
A. A person commits the offense of prostitution if he performs an act of prostitution.
B. Prostitution is a misdemeanor. (RSMo. §567.020)

SECTION 210.450: PATRONIZING PROSTITUTION
A. A person commits the offense of patronizing prostitution if he patronizes prostitution.
B. Patronizing prostitution is a misdemeanor. (RSMo. §567.030)
SECTION 210.460: PROSTITUTION AND PATRONIZING PROSTITUTION — SEX OF PARTIES NO DEFENSE — WHEN
In any prosecution for prostitution or patronizing a prostitute, the sex of the two (2) parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that:
1. Both persons were of the same sex; or
2. The person who received, agreed to receive or solicited something of value was a male and the person who gave or agreed or offered to give something of value was a female. (RSMo. §567.040)
SECTION 210.470: PROSTITUTION HOUSES DEEMED PUBLIC NUISANCES
A. Any room, building or other structure regularly used for sexual contact for pay as defined in Section 210.430 or any unlawful prostitution activity prohibited by this Chapter is a public nuisance.
B. The Attorney General, Circuit Attorney or Prosecuting Attorney may, in addition to all criminal sanctions, prosecute a suit in equity to enjoin the nuisance. If the court finds that the owner of the room, building or structure knew or had reason to believe that the premises were being used regularly for sexual contact for pay or unlawful prostitution activity, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one (1) year.
C. All person, including owners, lessees, officers, agents, inmates or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance, and they may be enjoined from engaging in any sexual contact for pay or unlawful prostitution activity anywhere within the jurisdiction of the court.
D. Appeals shall be allowed from the judgment of the court as in other civil actions. (RSMo. §567.080)
SECTION 210.480: INDECENT EXPOSURE
A person commits the offense of indecent exposure if he/she knowingly exposes his/her genitals or buttocks or a female exposes her breasts or is clothed in such a manner under circumstances in which he/she knows his/her conduct will reasonably cause alarm or embarrassment to other persons. (Ord. No. 476 §75.06.006, 12-7-89)

SECTION 210.485: PUBLIC INDECENCY
A. A person who knowingly or intentionally, in a public place, to include, but not be limited to, indoor and outdoor entertainment establishments, restaurants, theaters, bars, bookstores, and places of public accommodation where one or more other persons is present:
1. Engages in sexual intercourse;
2. Engages in deviate sexual conduct;
3. Appears in a state of nudity; or
4. Fondles the genitals of himself/herself or another person, commits the unlawful act of public indecency and is subject to punishment pursuant to Sections 100.200 to 100.210 of this Code.
B. “Nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast, with less than a fully opaque covering of any part of the nipple or areola, or the showing of the covered male genitals in a discernibly turgid state. (Ord. No. 504 §1, 1-7-93)
SECTION 210.490: WINDOW PEEPING
No person shall look, peer, or peep into, or loiter around or within view of any window within a building occupied as a residence of another with the intent of watching or looking through said window to observe any person undressed, or in the act of dressing or undressing. (Ord. No. 476 §75.06.007, 12-7-89)
SECTION 210.500: PALMISTRY — DECLARED UNLAWFUL
A. It shall be unlawful for any person for pay to tell or pretend to tell fortunes or reveal or attempt to reveal future events in the life of another or by means of occult or psychic powers, faculties or forces, clairvoyance, psychometry, spirit-mediumship, prophecy, astrology, palmistry, necromancy, cards, talismans charms, potions, magnetism or magnetized articles or substances, oriental mysteries or magic of any kind or nature, to undertake or pretend to find or restore lost or stolen money or property, to undertake or pretend to locate oil wells, gold or silver or other ore or metal or natural product, to undertake or pretend to restore lost love, friendship or affection, to undertake or pretend to unite, or reunite or to find lovers, husbands, wives, lost relatives or friends.
B. Penalty. Any person, or anyone acting in behalf of said person, violating any of the provisions of this Section shall be guilty of a Class B Misdemeanor, and subject to a fine of up to five hundred dollars ($500.00) and to incarceration for a term not to exceed ten (10) days. (Ord. No. 476 §75.06.008, 12-7-89)

SECTION 210.510: UNLAWFUL TRANSACTIONS WITH A CHILD
A. A person commits the offense of unlawful transactions with a child if:
1. Being a pawnbroker, junk dealer, dealer in secondhand goods, or any employee of such person, he with criminal negligence buys or receives any personal property other than agricultural products from an unemancipated minor unless the child’s custodial parent or guardian has consented in writing to the transaction; or
2. He knowingly permits a minor child to enter or remain in a place where illegal activity in controlled substances, as defined in Chapter 195 of the Revised Statutes of Missouri, is maintained or conducted; or
3. He with criminal negligence sells blasting caps, bulk gun powder, or explosives to a child under the age of seventeen (17), or fireworks as defined in Section 320.110 of the Revised Statues of Missouri to a child under the age of fourteen (14), unless the child’s custodial parent or guardian has consented in person or in writing to the transaction. Criminal negligence as to the age of the child is not an element of this offense; or
4. He employs any child under the age of sixteen (16) years to labor in any smelter, mill, mine, factory, or in or about any business or employment whatever within the City during the school hours of any school day; or
5. Shall tattoo any minor under the age of eighteen (18) years unless the custodial parent, or guardian has consented in writing to such tattooing of said minor; or
6. Shall procure for any minor any article which the minor is forbidden by law to purchase. (Ord. No. 476 §75.06.009, 12-7-89)
SECTION 210.520: UNLAWFUL ACTS BY MINOR PROHIBITED
A. It shall be unlawful for any minor under the age of seventeen (17) years of age to commit any act in violation of Section 220.010.
B. It shall be unlawful for a minor to make false statements, or to furnish or present any fictitious or false registration card, identification card, or note or document, or to furnish, present or exhibit such documents issued to a person other than the one presenting the same, for the purpose of gaining admission to prohibited places or for the purpose of procuring the sale, gift, or delivery of prohibited articles.
C. It shall be unlawful for a minor to engage or utilize the services of any other person, whether for remuneration or not, to procure for such minor any article which the minor is forbidden by law to purchase.
D. It shall be unlawful for any minor to hang onto any moving vehicle. (Ord. No. 476 §75.06.010, 12-7-89; Ord. No. 581 §1, 9-3-98)
SECTION 210.530: MOLESTING CHILDREN
Any person who, in the presence of any minor, shall indulge in any degrading, lewd, immoral, or vicious actions or practices, who shall knowingly expose his or her person to any minor in an obscene or indecent manner, who shall, by language, signs, or touching such minor, suggest or refer to an immoral, lewd, lascivious, or indecent act, who shall detain or divert any minor with the intent to perpetrate any of the aforesaid acts, or who shall sell, offer to sell, give away, or exhibit to such minor any lewd picture, moving picture, or device whatsoever, shall be considered as annoying or molesting such minor. (Ord. No. 476 §75.06.011, 12-7-89)
SECTION 210.540: ENDANGERING THE WELFARE OF A CHILD IN THE SECOND DEGREE
A. A person commits the offense of endangering the welfare of a child in the second (2nd) degree if:
1. He with criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen (17) years old; or
2. He knowingly encourages, aids or causes a child less than seventeen (17) years old to engage in any conduct which causes or tends to cause the child to come within the provisions of paragraph (d) of subdivision (2) of Subsection 1 or subdivision (3) of Subsection 1 of Section 211.031, RSMo.; or
3. Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years old, he recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him from coming within the provisions of paragraph (c) of subdivision (1) of Subsection 1 or paragraph (d) of subdivision (2) of Subsection 1 or subdivision (3) of Subsection 1 of Section 211.031, RSMo.; or
4. He knowingly encourages, aids or causes a child less than seventeen (17) years of age to enter into any room, building or other structure which is a public nuisance as defined in Section 195.130, RSMo.
5. While the child is under the age of sixteen (16) and subject to compulsory school attendance, from repeatedly and without justification being absent from school.
6. Any City of Buckner Police Officer shall be an ex officio school attendance officer. Any Police Officer exercising duties of ex officio school attendance officer need not refer any child apprehended pursuant to the provisions of this Section to juvenile court or a juvenile officer, but nothing in this Subsection shall be construed to limit the Police Officer’s regular powers and duties. The officer shall investigate the claims of any child for truancy. If determined to be a truant, the officer may return the child to school, their homes or a place of detention without a warrant.
B. Nothing in this Section shall be construed to mean the welfare of a child is endangered for the sole reason that he is being provided non-medical remedial treatment recognized and permitted under the laws of this State. (RSMo. §568.050; Ord. No. 726 §1, 3-3-05)
SECTION 210.545: AIDING/HARBORING A RUNAWAY
A. A person who knowingly permits or aids any child to run away from an institution under the control of the division or a dwelling belonging to a parent or legal guardian located within the City limits of Buckner or conceals the child with the intent of enabling him to elude pursuit is guilty of a misdemeanor and, upon conviction, shall be punished as provided by law.
B. It shall be the duty of every law enforcement official and any official who is designated by the division to detain, with or without a warrant, any child who shall have run away from a facility or dwelling belonging to a parent or guardian located within the City limits of Buckner and to hold him subject to the orders of the division. (Ord. No. 737 §2, 3-2-06)
SECTION 210.550: PROMOTING OBSCENITY IN THE SECOND DEGREE
A. A person commits the offense of promoting pornography for minors or obscenity in the second (2nd) degree if, knowing its content and character, he:
1. Promotes or possesses with the purpose to promote any obscene material for pecuniary gain; or
2. Produces, presents, directs or participates in any obscene performance for pecuniary gain.
3. Promotes or possesses with the purpose to promote any material pornographic for minors for pecuniary gain.
4. Produces, presents, directs or participates in any performance pornographic for minors for pecuniary gain.
B. Promoting pornography for minors or obscenity in the second degree is a misdemeanor. (RSMo. §573.030)
State Law Reference — For circumstances which make this offense a felony, see RSMo. §573.030.2.
SECTION 210.560: FURNISHING PORNOGRAPHIC MATERIALS TO MINORS
A person commits the offense of furnishing pornographic material to minors if, knowing its contents and character, he:
1. Furnishes any material pornographic for minors, knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood that such person is a minor; or
2. Produces, presents, directs or participates in any performance pornographic for minors which is furnished to a minor knowing that any person viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance. (Ord. No. 476 §75.06.014, 12-7-89)
SECTION 210.570: EVIDENCE IN PORNOGRAPHY CASES
A. In any prosecution under this Article, evidence shall be admissible to show:
1. What the predominant appeal of the material or performance would be for ordinary adults or minors;
2. Literary, artistic, political or scientific value of the material or performance;
3. The degree of public acceptance in the City of Buckner;
4. The appeal to prurient interest in advertising or other promotion of the material or performance;
5. The purpose of the author, creator, promoter, furnisher or publisher of the material or the performance.
B. Testimony of the author, creator, promoter, furnisher, publisher, or expert testimony, relating to factors entering into the determination of the issues of obscenity or child pornography shall be admissible. (Ord. No. 476 §75.06.015, 12-7-89)
SECTION 210.580: PUBLIC DISPLAY OF EXPLICIT SEXUAL MATERIAL
A person commits the offense of public display of explicit sexual material if he knowingly:
1. Displays publicly explicit sexual material; or
2. Fails to take prompt action to remove such a display from property in his possession after learning of its existence. (Ord. No. 476 §75.06.016, 12-7-89)
SECTION 210.590: DEFINITIONS
As used in this Article the following terms shall have these prescribed meanings:
CHILD PORNOGRAPHY: Any material or performance depicting sexual conduct, sexual contact, or a sexual performance as these terms are defined in RSMo. Section 556.061, and which has as one of its participants or portrays as an observer of such conduct, contact, or performance a child under the age of eighteen (18); provided that it shall not include material which is not the visual reproduction of a live event.

DISPLAYS PUBLICLY: Exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway or public sidewalk, or from the property of others or from any portion of the person’s store, or the exhibitor’s store or property when items and material other than this material are offered for sale or rent to the public.
EXPLICIT SEXUAL MATERIAL: Any pictorial or three dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of post-pubertal human genitals; provided however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition.
FURNISH: To issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide.
MATERIAL: Anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any statue or other figure, or any recordings or transcription, or any mechanical, chemical, or electrical reproduction, or anything which is or may be used as a means of communication. “Material” includes undeveloped photographs, molds, printing plates and other latent representational objects.
MINOR: Any person under the age of eighteen (18).
NUDITY: The showing of post-pubertal human genitals or pubic area, with less than a fully opaque covering.
OBSCENE: Any material or performance is obscene if:
1. Applying contemporary community standards, its predominant appeal is to prurient interest in sex; and
2. Taken as a whole with the average person, applying contemporary community standards, it depicts or describes sexual conduct in a patently offensive way; and
3. Taken as a whole, it lacks serious literary, artistic, political or scientific value.
PERFORMANCE: Any play, motion picture film, videotape, dance or exhibition performed before an audience of one or more.
PORNOGRAPHIC FOR MINORS: Any material or performance is pornographic for minors if the following apply:
1. The average person, applying contemporary community standards, would find that the material or performance, taken as a whole, has a tendency to cater or appeal to a prurient interest of minors; and
2. The material or performance depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors; and
3. The material or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
PROMOTE: To manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.
SADOMASOCHISTIC ABUSE: Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
SEXUAL CONDUCT: Actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.
SEXUAL EXCITEMENT: The condition of human male or female genitals when in a state of sexual stimulation or arousal.
WHOLESALE PROMOTE: To manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purposes of resale or redistribution. (RSMo. §573.010)

ARTICLE VII. OFFENSES AND PENALTIES IN GENERAL
SECTION 210.600: PENALTIES
Any person found guilty of a violation of this Chapter of the City Code shall be subject to a fine of up to five hundred dollars ($500.00) and to incarceration for a term not to exceed ninety (90) days. (Ord. No. 476 §75.07.001, 12-7-89)
SECTION 210.610: ATTEMPTS TO COMMIT AN ORDINANCE VIOLATION
A. A person is guilty of an attempt to commit an ordinance violation when with the purpose of committing the offense, that person does any act which is a substantial step towards the commission of the offense.
B. It is no defense to a prosecution under this Section that the offense attempted was, under the actual attendant circumstances, factually or legally impossible of commission, if such offense could have been committed had the attendant circumstances been as the actor believed them to be. (Ord. No. 476 §75.07.002, 12-7-89)
SECTION 210.620: AIDING IN THE COMMISSION OF AN ORDINANCE VIOLATION
A person is guilty in aiding in the commission of an ordinance violation or infraction when he or she knowingly counsels, abets, or aids another in the commission of an ordinance violation. (Ord. No. 476 §75.07.003, 12-7-89)

CHAPTER 215: NUISANCES
 
ARTICLE I. GENERAL PROVISIONS
SECTION 215.010: NUISANCES PROHIBITED
A. No person shall permit, cause, keep, maintain or do any nuisance, as defined by the laws of the State or ordinances of the City.
B. No owner, occupant or person in charge of any house, building, business building, lot or premises shall cause or allow any nuisance to be or remain in or upon any such house, building, lot or premises. (Ord. No. 422 §74.010, 5-3-84)
SECTION 215.020: AUTHORITY OF CHIEF OF POLICE OR HIS DESIGNEE
The Chief of Police is hereby authorized to enforce the provisions of Chapter 215. (Ord. No. 422 §74.020, 5-3-84; Ord. No. 622 §1, 8-3-00)
SECTION 215.030: ENUMERATION
The following are hereby deemed and declared to be nuisances:
1. Substances emitting noxious odors. All substances which emit or cause any foul, noxious, unhealthy or disagreeable odor or effluvia in the neighborhood where they exist.
2. Carcasses of animals. All carcasses of animals remaining exposed one (1) hour after death.
3. Hides. All green or salted hides left or deposited in any open place.
4. Slaughterhouses, pens in offensive condition. All slaughterhouses or pens inside the City which are kept in such a condition as to be offensive, annoying, or disagreeable to anyone.
5. Establishments emitting noxious odors, etc. Establishments emitting or causing an offensive, disagreeable, noxious or toxic dust, vapor, fume, mist or odor.
6. Liquid refuse. All slop, foul or dirty water, liquid, or beer washings, all filth, refuse or offal, discharged through drains or spouts or otherwise thrown or deposited in or upon any street, sidewalk, lot, park, public square, public enclosure or any pond or pool of water.
7. Vegetables emitting noxious odor. All vegetables or other articles that emit or cause an offensive, noxious or disagreeable smell or odor.
8. Matters causing injury, inconvenience or annoyance to public. All articles of things whatsoever caused, kept, maintained or permitted by any person, to the injury, inconvenience or annoyance of the public.
9. Acts injuring, annoying or inconveniencing the public. All pursuits followed or engaged in, or acts done by any person to the injury, annoyance or inconvenience of the public.
10. Advertising devices over streets. All hanging signs, ropes, network or other advertising devices stretched over to cross any street or sidewalk.
11. Litter, trash, refuse or debris on public or private property. All ashes, cinders, slops, filth, excrement, sawdust, stones, shingles, lumber, sheetrock, tarpaper, concrete, pipes, wire, plywood, building materials, rocks, dirt, straw, soot, sticks, shavings, eggshells, oyster shells, or cans, dust, branches, limbs, fallen trees, brush, logs, paper, trash, rubbish, manure, refuse, wastewater, fish, putrid meat, entrails, decayed fruit or vegetables, broken ware, rags, iron or other metal, old wearing apparel, all animal or vegetable matter, all dead animals or any other offensive or disagreeable substance or thing thrown, left, deposited, or buried or caused to be left, thrown, deposited, or buried by anyone in or upon any street, sidewalk, park, public square, public enclosure, lot, vacant or occupied, stream or waterway, or pond or pool of water.
12. Wrecked, damaged or demolished or disabled vehicles.
a. Any wrecked, damaged, demolished or disabled vehicle or portion thereof left or permitted to remain upon any property which is accessible to children for a period in excess of thirty (30) days, and which may be an attractive nuisance to children and constitute a danger to such children;
b. Or where weeds, grass and other vegetation is allowed to grow in or around such vehicle;
c. Or where such vehicle, or portion or part thereof, may create a fire hazard;
d. Or where such vehicle, or such portion or part thereof, may afford a harborage place or breeding place for mosquitoes, flies, rodents, rats and other vermin.
e. The term “vehicle” as used in this Subsection shall mean any vehicle designed to travel along and over the ground by use of wheels, treads, runners or slides and transport persons or property and shall include, without limitation, automobiles, trucks, motor vehicles, tractors, wagons, buggies, bicycles, or any part of portion thereof.
1) This provision shall not apply to a business which is duly licensed by the City of Buckner to hold vehicles for sale in the regular course of business;
2) This provision shall not apply to vehicles held for restoration or rebuilding provided that the owner has obtained a “vehicle restoration permit” from the City. Said permit shall be for a period of one (1) year and only one (1) permit may be issued for each business or residence at a time.

f. Issuance of a “Vehicle Restoration Permit” shall be contingent upon agreement by the owner to comply with the following conditions or requirements:
1) Vehicle which is undergoing restoration or rebuilding, shall be housed inside a building set aside for this purpose.
2) All parts involved in the restoration, or rebuilding, process shall be kept, or stored inside the same building referred to in Subparagraph 1).
13. Parking of motor vehicles in yard of residence.
a. In areas of Buckner, Missouri, zoned District “R-1″, inclusive, parking spaces shall be provided in side or rear yards, except that a parking space may be provided in a front yard if the parking space is set back at least twenty (20) feet from the front property line. A “parking space” as used in this Subsection is an area on a lot sufficient in size to store one (1) automobile (not less than eight and one-half (8½) feet wide and twenty (20) feet in length) connected to a public street or alley by a driveway not less than eight (8) feet wide. The portion of the parking space and connecting driveway upon which the wheels of a vehicle travel shall be surfaced with a permanent all-weather surfacing (Concrete, Asphalt or Gravel). Concrete and Asphalt shall be required to conform to the APWA requirements, Gravel shall be as wide as the widest object to be placed on the parking area, as long as the object to be placed on the parking area to include the length of the hitch of any type of trailer and the gravel shall be two (2) inches deep for the entire parking area.
b. It shall be unlawful for any person to place, park or store, or cause or permit to be placed, parked or stored, machinery, vehicles or motorized equipment of any type, or parts thereof, not in operating condition, upon a residential premises for longer than thirty (30) days.
c. It shall be unlawful for any person to service or repair upon residential premises, or upon adjacent public right of way, motorized vehicles or any type which are not the property of the owner, lessee or tenant of such residential premises.
d. Motor vehicles shall not be parked in driveways or sidewalks on public right of ways.
e. A “motor vehicle” as used in this Subsection is defined as any powered vehicle designed for principal use upon public streets or roadways.

14. The following are also declared to constitute a nuisance:
a. Any motor vehicle, recreational vehicle or trailer that requires a State license without a State license plate that is current and that is parked, stored or otherwise located on any premises within a residentially zoned district or lots otherwise used for residential purposes, other than within a private garage, unless the vehicle is not required to have current State license plates under State law. Any motor vehicle, recreational vehicle or trailer that requires a State license with a State license plate that has been expired less than one (1) month shall be excepted from this Subsection. (Ord. No. 422 §74.030, 5-3-84; Ord. No. 573 §1, 6-4-98; Ord. No. 635 §1, 2-1-01)
15. Any growth of weeds, grasses or bushes to a greater height than twelve (12) inches; provided that this shall not apply to planted and cultivated flowers, shrubbery or other landscaping.
SECTION 215.040: BURNING PROHIBITED
No person shall burn upon his premises or upon any street, sidewalk or any other place within the City any animal or vegetable waste or other matter without a Missouri Department of Natural Resources burning permit. (Ord. No. 422 §74.040, 5-3-84; Ord. No. 694 §§1–2, 2-6-03)
SECTION 215.050: CERTAIN BUSINESSES NEAR RESIDENCES
A. No business or enterprise, the conduct of which causes or produces any noises, vibrations, smoke, dirt, dust, odors or gases to such extent as to be detrimental or injurious to the comfort, peace or health of other persons, shall hereafter be located and conducted within one hundred fifty (150) feet of any building used exclusively for residence purposes at the time of the location of such business or enterprises; nor shall any building be erected or constructed for the purpose of conducting any business or enterprise therein at a place where the conduct of such business or enterprise shall be unlawful under the terms of this Section.
B. No permit shall be issued for the erection of any building intended to be used for the purpose of conducting any businesses or enterprise to be located at a place where the conduct of such business or enterprise shall be unlawful under the terms of this Section.(Ord. No. 422 §74.050, 5-3-84)
SECTION 215.060: COLLECTION, USE OF PUTRID FAT, OTHER MATTER
No soap boiler, butcher, tallow chandler or meat-packer shall keep, collect or use or cause to allow to be kept, collected or used, any stale, putrid of unsound fact, grease, meat, entrails or other matter, or render of fly out the same, unless done in such a manner that no offensive, disagreeable or noxious smell or odor shall arise therefrom. (Ord. No. 422 §74.060, 5-3-84)

SECTION 215.070: DECAYED FOOD, REFUSE, OTHER SUBSTANCES ON PRIVATE PREMISES
No person shall suffer or allow any putrid or unwholesome meats or fish, decayed fruits or vegetables, refuse, offal, excrement, chamber lye or other filthy or offensive substance of thing to be or remain in or upon any house, building, lot or premises owned or occupied by him or under his charge or control. (Ord. No. 422 §74.070, 5-3-84)
SECTION 215.080: FOUL LIQUIDS OR SUBSTANCES
No person or business shall discharge out of or from any stillhouse, tannery, brewery, manufactory, shop packing-house, barn, stable, meat shop or other place of business, any foul, disagreeable or nauseous liquids or substances of any kind whatsoever, into any pond, pool or adjoining ground, or into or upon any street, sidewalk, park, public square or other public place.
SECTION 215.090: RENDERING ANIMAL, VEGETABLE PRODUCTS
The rendering, heating or steaming of any animal or vegetable product or substance creating or generating noxious, disagreeable unwholesome smells, odors or gaseous vapors, shall be done and conducted in steam-tight kettles, tanks or boilers, and such method adopted as shall entirely condense, decompose, deodorize and destroy such smells, odors and vapors. (Ord. No. 422 §74.090, 5-3-84)
SECTION 215.100: STRUCTURES OBSTRUCTING WATERCOURSES
Any building, erection or structure which in any way interferes with or impedes the flow of water in any natural watercourse or living stream is hereby declared to be a nuisance, and the same shall be removed and abated by the City; provided that notice shall first be given to the owner of the agent, or the occupants of such building by the Building Code Engineer that such structure interferes with and impedes the flow of the water in such stream or watercourse, and the same shall be removed or altered within thirty (30) days from the date of service of such notice. Such notice shall be in writing and shall be served by the Building Code Engineer or one (1) of the assistants or deputies, by delivering a copy thereof to the person to be notified. (Ord. No. 422 §74.100, 5-3-84)
SECTION 215.110: ABATEMENT AND ENFORCEMENT — NOTICE — HEARING REQUESTED
Whenever the Chief of Police or his designee shall have determined that a nuisance exists on any tract of private property within the City, he shall notify the owner thereof, by personal service or certified or registered mail addressed to such owner at his last known address, or by posting such notice on the premises, of the nature of such nuisance, and that same constitutes a nuisance upon such property, and that a hearing will be held ten (10) days thereafter. Following such hearing, if the evidence supports the finding that a nuisance exists, the Chief of Police may declare the condition to be a nuisance and order same to be abated within five (5) days.

SECTION 215.120: ABATEMENT OF NUISANCE DETERMINED TO BE IMMEDIATE DANGER TO PUBLIC
The Chief of Police or his designee as defined in Section 215.020 is hereby authorized to investigate any complaint of a nuisance and if such nuisance is determined to be injurious to the immediate safety, health or welfare of the public, said Chief of Police or his designee may verbally notify the owner maintaining such nuisance to abate immediately the said nuisance. Upon failure to abate, such owner(s) maintaining the said nuisance may be subject to issuance of general ordinance summons for which such owner(s) may be prosecuted in Municipal Court subject to penalties of Section 215.180. (Ord. No. 622 §3, 8-3-00)
SECTION 215.130: ABATEMENT AND ENFORCEMENT — OWNER, DEFINITION
The term “owner” shall include the real and actual owner of the fee title, the life tenant, occupant, tenant, lessee, tenant at will, tenant at sufferance, person in lawful possession, adverse possessor, and any other person, firm partnership, corporation or association asserting or having any right, title or interest in any lot, tract or parcel of land in the City. The land records filed in the office of the Recorder of Deeds of the County within which any such lot, tract or parcel of land shall be located, and any other official record of such County or of the City, may be used to determine the identity of such owners, as hereinbefore defined, as of any given date. (Ord. No. 422 §74.120, 5-3-84)
SECTION 215.140 FAILURE TO COMPLY WITH NOTICE TO ABATE NUISANCE
In the event that such nuisance shall not have been abated within the respective period specified herein, then the Chief of Police or his designee may enter upon said premises and cause such nuisance to be abated forthwith by any appropriate means and the costs of such abatement may be specifically assessed and constitute a lien against the property from which abated.
SECTION 215.150: ABATEMENT AND SPECIAL ASSESSMENT
Upon causing abatement of any such nuisance as aforesaid, the Chief of Police or his designee shall determine the costs of such abatement, including as a portion thereof the reasonable costs of administering the provisions of this Chapter with respect to the property affected, such administrative costs not to exceed the sum of five hundred dollars ($500.00), and shall certify a statement of such costs, describing the real property upon which such abatement was accomplished, to the City Clerk as a special assessment upon such real property. Upon receipt of such certification, the City Clerk shall immediately enter such costs as a special assessment against such property. Each such special assessment shall constitute a lien upon the real property described thereon and shall be payable in accordance with Jackson County tax billing. Provided however, that in any case where the costs of abatement shall have been assessed as additional costs in a Municipal Court action as hereinafter provided, and such cost judgment shall have been satisfied, the special assessment pertaining thereto shall be canceled, and the record satisfied in the office of the City Clerk. (Ord. No. 622 §5, 8-3-00)

SECTION 215.160: ABATEMENT AND ENFORCEMENT — COMPLAINT IN MUNICIPAL COURT — ASSESSMENT OF ADDITIONAL COSTS
Whenever any such owner shall be found guilty of a violation of the provisions of this Chapter in a proceeding instituted in the Municipal Court on complaint of the Chief of Police or his designee as hereinbefore provided, the court shall assess therein as additional costs any unpaid costs which may have been incurred in the abatement of such a nuisance by the Chief of Police or his designee including a reasonable sum not to exceed five hundred dollars ($500.00) for the costs of administering the provisions of this Chapter. (Ord. No. 422 §74.150, 5-3-84; Ord. No. 622 §6, 8-3-00; Ord. No. 693 §1, 1-2-03)
SECTION 215.170: ABATEMENT AND ENFORCEMENT — ENTRY
The Chief of Police or his designee may enter the premises upon which such nuisance is situated for the purpose of abating same, with or without the consent of the owner thereof, without being guilty of trespass. (Ord. No. 422 §74.160, 5-3-84; Ord. No. 622 §7, 8-3-00)
SECTION 215.180: ENFORCEMENT — PENALTIES
Any owner, lessee or occupant or any agent of any such owner, lessee or occupant having control of any lot of ground or any part of any lot who shall allow or maintain on any such lot a nuisance as defined in this Chapter 215 shall be deemed guilty of a misdemeanor. The Chief of Police or his designee may cause a complaint to be filed against such owner in Municipal Court for violation of provisions of this Chapter at any time. The violation of this provision shall be punished by a fine not exceeding five hundred dollars ($500.00) or such imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. Each day any violation of this provision shall continue shall constitute a separate punishable offense without necessity of further notices.
SECTION 215.190: HAZARDOUS TREES
A tree which constitutes a hazard to the safety of persons or of property, private or public, is hereby declared to be a nuisance and the Chief of Police or his designee may enter at all reasonable times upon any privately owned property for purposes of inspection and investigation of any tree which may be in hazardous condition. Whenever a written statement is filed with the Chief of Police or his designee based on inspection and investigation evidencing that trees upon private property within the City constitute a hazard to the safety of persons or of property, private or public, the Chief of Police or his designee shall proceed to abate in the manner provided by Sections 215.110 through 215.160, inclusive, of this Chapter. (Ord. No. 422 §74.190, 5-3-84; Ord. No. 622 §8, 8-3-00)

ARTICLE II. WEEDS AND VEGETATION

SECTION 215.200: WEEDS AND NOXIOUS PLANTS — DEFINITIONS
The following terms, as used in this Article unless the context specifically indicates otherwise, are defined as follows:
CHIEF OF POLICE: The Chief of Police or his authorized subordinate representative.
HEALTH OFFICER: The Health Officer of Jackson County or his authorized subordinate representative.
NOXIOUS PLANTS: Any plant capable of poisoning, including, but not limited to, poison ivy, at any height or state of maturity.
OCCUPANT: Any person who has a legal or equitable interest in a parcel of real property other than a fee interest, including a life tenant, tenant, lessee, tenant at will, tenant at sufferance, or adverse possessor, as well as a person in possession or a person who has charge, care or control of the parcel of real property as the agent or personal representative of the person(s) holding legal title to a fee interest.
OWNER: Any person who alone or jointly or severally with others shall have legal title to a fee interest in the parcel of real property, with or without accompanying actual possession thereof. The land records filed in the office of the Recorder of Deeds of the County within which the parcel of real property is located, and any other official record of each County or of the City, may be used to determine the identity of such owners, as hereinabove defined, as of the date of the notice of the violation.
PERSON: Includes any individual, firm, corporation, association, partnership, cooperative or governmental agency.
RANK WEEDS: All vegetation twelve (12) inches or more in height which may emit unpleasant or noxious odors or transmit pollen into the air at any state of maturity; all vegetation, regardless of height, including thickets, which may conceal or invite filthy deposits, harbor rodents, refuse or vermin, create a fire hazard, or present a blighting effect on the neighborhood.
THICKETS: Dense growth of wild shrubbery having stems or trunks less than one (1) inch in diameter and briar patches. (Ord. No. 422 §74.200, 5-3-84; Ord. No. 622 §9, 8-3-00)
SECTION 215.210: NUISANCE DECLARED
Rank weeds and noxious plants, as herein defined, which are allowed to stand at any season of the year on any lot, track or parcel of land, or unpaved alley, or along the sidewalk, street or paved alley adjacent to such lot, tract or parcel of land are hereby declared to constitute a nuisance. This Article shall not apply to land zoned or used for agricultural use which is more than one hundred fifty (150) feet distant from any occupied residential subdivision lot, tract or parcel of land. (Ord. No. 422 §74.210, 5-3-84)

SECTION 215.220: RANK WEEDS PROHIBITED — REMOVAL REQUIRED
It shall be unlawful for the owner and/or occupant of any real property to allow rank weeds or noxious plants, as defined herein, to grow or stand upon such premises. It shall be the duty of such owner and/or occupant to immediately cut, remove or destroy any and all weeds and noxious plants on such premises. Failure, neglect or refusal of an owner and/or occupant to so abate shall constitute a violation of this Article punishable by a fine of not more than five hundred dollars ($500.00) or by incarceration not to exceed ninety (90) days, or by both such fine and incarceration. (Ord. No. 422 §74.220, 5-3-84)
SECTION 215.230: NOTICE AND ORDER
Whenever the Chief of Police or his designee shall determine that rank weeds or noxious plants exist on a parcel of real property in violation of this Article, he shall notify the owner and/or occupant of such fact. This notice shall:
1. Be in writing;
2. Set forth the alleged violation of this Article;
3. Describe the parcel of real property where the violations are alleged to exist or to have been committed;
4. Set the date, time and location of a hearing to be held not less than four (4) days from the date such notice is mailed, posted or served;
5. Advise that if the rank weeds or noxious plants are not cut down and removed, the Chief of Police or his designee will order the rank weeds or noxious plants to be cut down and removed, with the costs thereof being specially assessed against the property; and
6. Be served upon the owner and/or occupant of the premises by either delivery of a copy of the notice to them personally or by leaving such a copy at their usual place of abode with a member of a family over the age of fifteen (15) years or by United States mail addressed to the owner and/or occupant or any agent authorized to receive service of process on behalf of the owner or occupant. If one (1) or more persons to whom such notice is addressed cannot be found after diligent effort to do so, service may be made upon such persons by posting the notice on the parcel of real property described in the notice and by causing such notice to be published in a newspaper of general circulation. (Ord. No. 422 §74.230, 5-3-84; Ord. No. 622 §10, 8-3-00)
SECTION 215.240: ABATEMENT
Upon such hearing prescribed in Sections 215.110 through 215.160, the Chief of Police or his designee may declare the weeds to be a nuisance and order such nuisance abated by the owner and/or occupant within five (5) days. If the owner and/or occupant fails to cut down and remove such rank or noxious plants as ordered, the Chief of Police or his designee may proceed to have the same cut down. (Ord. No. 422 §74.240, 5-3-84; Ord. No. 622 §11, 8-3-00)
SECTION 215.250: ENTRY TO ABATE
The Chief of Police or his designee may enter the premises upon which such nuisance is situated for the purpose of abating the same, with or without the consent of the owner thereof, without being deemed to have committed a trespass. This limited right of entry shall extend to any person hired by the Chief of Police or his designee to abate such nuisance. (Ord. No. 422 §74.250, 5-3-84; Ord. No. 622 §12, 8-3-00)
SECTION 215.260: SPECIAL ASSESSMENT
Upon causing abatement of any nuisance as set out above, the Chief of Police or his designee shall determine the costs of such abatement, including as a portion thereof an administrative fee of twenty-five dollars ($25.00), with respect to the property affected and shall determine whether proper service was made on the owner(s). Upon determining that proper service was made on the owner(s), the Chief of Police or his designee shall certify a statement of such service and of such costs, with a description of the real property upon which such abatement was accomplished, to the City Clerk as a special assessment upon such real property. The City Clerk shall enter such costs as a special assessment against the real property on tax bill, and no mere clerical error or informality in the same, or in the proceedings leading up to the issuance, shall be a defense thereto. Each special assessment shall constitute a lien upon the real property described thereon and shall be payable as due in accordance with Jackson County tax billing and bear interest at the rate of eight percent (8%) per annum. (Ord. No. 622 §13, 8-3-00)
SECTION 215.270: COMPLAINT IN MUNICIPAL COURT — ASSESSMENT OF ADDITIONAL COSTS
Whenever any owner and/or occupant shall be found guilty of a violation of the provisions of this Section in a proceeding instituted in the Municipal Division of the Jackson County Circuit Court, and the court finds that the Chief of Police or his designee has caused the nuisance to be abated, the court shall assess therein as additional costs a sum of twelve dollars ($12.00) to be assessed in addition to service costs, witness fees and jail costs otherwise authorized to be assessed. (Ord. No. 422 §74.270, 5-3-84; Ord. No. 622 §14, 8-3-00)
SECTION 215.280: PENALTIES
A. Any person convicted of a violation of this Article shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than ninety (90) days, or by both such fine and imprisonment.
B. Each day on which any nuisance, as defined herein, shall remain in any premises after the duty of the owner and/or occupant thereof arises to remove or abate same shall constitute a separate offense, for which the owner and/or occupant thereof may be arrested, tried, convicted and punished separately, without necessity of further notices. (Ord. No. 422 §74.280, 5-3-84)

ARTICLE III. LITTERING

SECTION 215.290: LITTERING DEFINED
For the purpose of this Article “litter” shall mean all ashes, cinders, slops, filth, excrement, boards, sawdust, wood or metal shavings, rubber, old tires, stones, rocks, sand, oil, coal oil, gasoline, paint, dirt, dust, straw, soot, sticks, lumber scraps, boxes, barrels, kegs, crates, cans, bottles, cartons, paper, trash, leavings, sweepings, rubbish, refuse, debris, slag, garbage, manure, offal, putrid fish, meat, entrails, decayed fruits or vegetables, wastewater, animal or vegetable products or matter, broken ware, broken glass, rags, bones, old iron, tacks, nails, wire, appliances or other metal, furniture designed for interior use, grass, leaves, weeds, foliage or shrub cuttings or clippings, old wearing apparel, all dead animals or any other offensive or disagreeable substance or thing thrown, cast, dropped, blown, spilled, poured, discharged, swept, left, or deposited by anyone in or upon any curb, gutter, street, alley, boulevard, highway, right of way, viaduct, tunnel, sidewalk, park, parkway, public square, public building, vacant or occupied lot, vacant building, unenclosed areas of vacant or occupied buildings, or pond, stream or pool of water. (Ord. No. 422 §74.290, 5-3-84)
SECTION 215.300: LITTERING PROHIBITED
No person shall sweep, throw, cast or otherwise place or deposit litter, or direct, suffer or permit any servant, employee, agent or other person under his control to sweep, throw, cast or otherwise place or deposit litter of any kind whatsoever, in or upon any curb, gutter, street, alley, boulevard, highway, right of way, viaduct, tunnel, sidewalk, park, parkway, public square, public building, vacant or occupied lot, vacant building, unenclosed areas of vacant or occupied buildings, or pond, stream, or pool of waters. (Ord. No. 422 §74.300, 5-3-84)
SECTION 215.310: RESERVED
Editor’s Note–Ord. no. 734 §1, adopted July 7, 2005, repealed section 215.310 “removal of dirt or litter from sidewalk, curbing, guttering” in its entirety. Former section 215.310 derived from ord. no. 422 §74.310, 5-3-84.
SECTION 215.320: DIRT, RUBBISH, LITTER FROM ABUTTING PROPERTY
No owner, occupant or agent of any land abutting upon any sidewalk, street, alley, boulevard, park or parkway of the City shall allow the earth or any rubbish or litter from said land to fall, blow, or wash upon any part of said sidewalk, street, alley, boulevard, park or parkway. (Ord. No. 422 §74.320, 5-3-84)
SECTION 215.330: CARE OF TRASH ON PRIVATE PROPERTY
No persons shall place or permit to be placed upon his property any trash, litter or rubbish without placing the same in containers or securely covering the same so that it cannot be blown or washed upon any street or other property. (Ord. No. 422 §74.330, 5-3-84)
SECTION 215.340: WASTEWATER
The washing of ice, spittoons, animals, equipment, wagons, carts and trucks, and the throwing or flowing of wastewater used in washing any of the aforesaid articles, on or in any sidewalk, street, alley, boulevard, highway, right of way, park or parkway is hereby prohibited, except that the non-commercial washing of private automobiles, by members of the family owning same, in or upon a street or alley adjacent to private property either owned or occupied by the owner of the automobile being washed is not prohibited when such washing does not cause an accumulation of dirt, mud or similar materials to be deposited in the street or alley, and further provided, such washing does not create a hazardous or dangerous condition within or on the street, or restrict free passage over the same. (Ord. No. 422 §74.340, 5-3-84)
SECTION 215.350: LITTER FROM VEHICLES
No person, within any vehicle, shall throw, cast, place, drop, spill or in any manner deposit or permit to be deposited any litter, or any other offensive or disagreeable substance or thing in or upon any street, sidewalk, boulevard, highway, right of way, park or parkway, or public place or on private property without the owner’s consent. (Ord. No. 422 §74.350, 5-3-84)
SECTION 215.360: PROPERTY TO BE KEPT CLEAN
It shall be the duty of every owner, occupant, lessee, agent or other person having control, charge, authority or management over property to keep the same free and clear of any and all litter of every kind and description. (Ord. No. 422 §74.360, 5-3-84)
SECTION 215.370: CLEANING PROPERTY — CONTENTS, SERVICE OF NOTICE
Whenever the Chief of Police or his designee shall find that litter of any kind or description has been allowed to stand or accumulate upon any lot of land, he shall serve written notice upon the owner, occupant, lessee, agent or other person having control thereof to comply with the provisions of Section 215.300. It shall be sufficient notification to deposit a copy of such notice in the United States mail, properly stamped and directed to the person shown upon the books of the City Treasurer as having last paid taxes upon such land, or to post a copy of the notice upon the premises. (Ord. No. 422 §74.370, 5-3-84; Ord. No. 622 §15, 8-3-00)
SECTION 215.380: CLEANING PROPERTY — EFFECT OF NON-COMPLIANCE WITH NOTICE
If the person to whom the notice described in Section 215.370 is directed fails or neglects to cause the litter to be removed within ten (10) days after such notice has been served or posted upon the premises, the Health Officer may enter upon the lot or land and remove such litter and charge the cost thereof to the owner or lessee in control of the lot. (Ord. No. 422 §74.380, 5-3-84)

SECTION 215.390: CLEANING PROPERTY — SPECIAL ASSESSMENT
The cost of removing such litter may be assessed and collected as a lien of the property affected hereby. The Chief of Police or his designee shall certify assessments and apportionments covering the cost to the City Clerk. Such apportionment shall contain the names of the owners and all other parties interested in the land affected and charged therewith who were such upon the date when the removal of such litter was performed. Such names are to be determined and taken from the assessment books used for the assessment and levy of general taxes, but no defect or mistake in such books or in the description therein of the land or in the names in such apportionment shall impair the validity of the lien on such lot or bills issued therefor. Such costs shall be entered as an assessment against the real property on the tax bill and shall be payable as due in accordance with Jackson County tax billing and bear interest at the rate of charge by Jackson County for delinquent taxes, per annum. (Ord. No. 622 §16, 8-3-00)
SECTION 215.400: PENALTIES
A. Any person convicted of a violation of this Article shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than ninety (90) days, or by both such fine and imprisonment.
B. Each day on which any nuisance, as defined herein, shall remain in any premises after the duty of the owner and/or occupant thereof arises to remove or abate same shall constitute a separate offense, for which the owner and/or occupant thereof may be arrested, tried, convicted and punished separately, without necessity of further notices. (Ord. No. 422 §74.280, 5-3-84)

CHAPTER 220: CURFEW
 
SECTION 220.010: LOITERING OF MINORS PROHIBITED
It shall he unlawful for any minor under the age of seventeen (17) years of age to be upon the public streets, highways or public ways of the City of Buckner between the hours of 10:00 P.M. and 6:00 A.M. from Sunday through Thursday or between the hours of 12:00 Midnight and 6:00 A.M. on any Friday or Saturday or on the eves of the principal U.S. holidays, which are as follows: New Year’s Eve, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day and Christmas. Provided however, that the provisions of this Section do not apply to a minor accompanied by his/her parent, guardian or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand directed by his/her parent, guardian or other adult person having the care and custody of the minor. (Ord. No. 580 §1, 9-3-98; Ord. No. 712 §1, 4-1-04)
SECTION 220.020: RESPONSIBILITY OF PARENTS
A. 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 fail or otherwise neglect to provide proper care or supervision for the minor, to encourage, condone or approve the commission of delinquent acts and/or to knowingly allow the minor to be endangered or exposed to the potential of abuse or exploitation of others. The presence of a minor under the age of seventeen (17) years upon the streets or in any public place within the City limits during hours as set forth in the preceding Section 220.010 shall constitute reasonable suspicion that a violation of this Section has occurred.
B. Nothing contained herein shall be read or construed as superseding the right of law enforcement officials to, in proper instances, forego institution of any charge or violation of this Section when, in the judgment of said officials, it would be appropriate to initiate action against an adult for violation of State law prohibiting adults from contributing to the delinquency of a minor or for criminal child abuse and/or child neglect.
C. Each day during which conduct prohibited by this Section occurs or continues shall constitute a separate offense. (Ord. No. 580 §2, 9-3-98; Ord. No. 712 §1, 4-1-04)
SECTION 220.030: RESPONSIBILITY OF MERCHANT
It shall be unlawful for the keeper or proprietor of any place of public amusement, place of refreshment, restaurants, drinking emporiums or other public places of amusement, refreshment or entertainment to permit any minor under the ages defined in Section 220.010 of this Code to enter their place of business in violation of Section 220.010 above unless accompanied by their parents, guardians or other adult persons having the care and custody of such minors and the presence of a minor unaccompanied as aforesaid in any such public place hereinbefore mentioned shall constitute prima facie evidence that the keeper thereof permitted said minor to enter such public place with the knowledge and consent. (CC 1979 §77.030; Ord. No. 712 §1, 4-1-04)

SECTION 220.035: PROHIBITION AGAINST LINGERING
A. It is unlawful for any person to linger within one hundred (100) feet of any business. It is also unlawful for any person to linger in any other place, at any time or in any manner under circurnstances that warrant justifiable and reasonable alarm or immediate concern that the person seeks to possess, buy, sell or distribute any deadly weapon, illegal intoxicant or otherwise commit any crime or offense or attempt to entice others to do so.
B. As used herein, the expression “linger” means remaining outdoors in any location in which the individual does not have an ownership interest or leasehold interest or permission from the owner or lessee while:
1. Repeatedly stopping or attempting to stop or interfere with the free passage of others,
2. Repeatedly engaging in or attempting to engage others in conversation, and/or
3. Repeatedly stopping or attempting to stop motor vehicles by any one (1) or more of these activities with the purpose of possessing, buying, selling or distributing any deadly weapon, controlled substance, illegal intoxicant or for committing or attempting to commit any crime or offense or enticing others to do so.
C. Among the circumstances which may be considered in determining whether alarm or immediate concern as set forth in Subsection (A) of this Section is warranted is whether a person takes flight upon the appearance of a Law Enforcement Officer, refuses to provide identity or endeavors to conceal himself, herself or any object. Unless flight by the person or other circumstances make it impracticable, a Law Enforcement Officer shall, prior to any arrest for an offense under this Section, afford the person an opportunity to dispel any alarm or immediate concern by requesting that the person provide identity, explain his or her presence and conduct and demonstrate that he or she is unarmed. No person shall be convicted of an offense under this Section if the Law Enforcement Officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern which gave rise to the initial intervention by law enforcement.
D. Any person found guilty of unlawful lingering hereunder shall be punished as set out in this Chapter. (Ord. No. 712 §1, 4-1-04)
SECTION 220.040: PENALTIES
A. Any minor violating the provisions of Section 220.010 may be referred to the Juvenile Court for appropriate action.
B. Any parent, guardian or other adult person having the care and custody of a minor violating Section 220.020 shall be guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or confined to jail not more than ninety (90) days, or punished by both said fine and imprisonment for each offense.
C. Any keeper or proprietor of any place of amusement, as defined in Section 220.030 of this Chapter, who shall violate any provisions of this Chapter and any person who violates Section 220.035 shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or confined in jail not more than ninety (90) days, or punished by both said fine and imprisonment for each offense. (Ord. No. 712 §1, 4-1-04)
SECTION 220.050: DUTIES OF POLICE OFFICERS
A. All Law Enforcement Officers are authorized to extend protective intervention services to any minor believed to be at risk of harm as set out in this Chapter and conduct such further investigation as may be viewed as due to his or her traveling to or from work, any bona fide recreational or educational program sponsored by any governmental, civic, religious or community organization, or travel to or from any duly licensed provider of medical, dental or psychiatric or related care.
B. As used in this Chapter, the expression “protective intervention services” shall mean the stopping, questioning, non-punitive detention and summoning of a minor’s parents, guardian to the Buckner Police Station for the purpose of determining whether the minor has been the victim of unlawful neglect or whether his or her apparent delinquency has been encouraged, condoned or approved by his or her parent or legal guardian.
C. Law Enforcement Officers may arrest any minor that is in violation of Section 220.010 hereof and forthwith take said minor to the Buckner Police Station to be held pending the placement to their lawful parent or guardian and to instruct said parent or guardian to produce said minor before the proper court if said Police Officer desires to file charges against said party.
D. When Law Enforcement Officers cannot make contact with said minor’s parents or guardian for the purpose of release to said parent or guardian, the minor shall be transported to juvenile intake until such said parent or guardian retains custody of said minor. (CC 1979 §77.050; Ord. No. 712 §1, 4-1-04)

CHAPTER 225: FIREWORKS
 
SECTION 225.010: FIREWORKS DEFINED
The term “fireworks” shall mean and include the following two (2) classes:
COMMON FIREWORKS: Explosive devices designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This term includes aerial devices containing no more than two (2) grains (130 mg) of explosive composition or ground devices containing no more than fifty (50) mg of explosive composition, all of which are classified as class C explosives by regulation of the United States Department of Transportation.
SPECIAL FIREWORKS: Explosive devices designed primarily to produce visible or audible effects by combustion, deflagration or detonation. This term includes devices containing more than two (2) grains (130 mg) of explosive composition intended for public display. These devices are classified as class B explosives by regulation of the United States Department of Transportation. (RSMo. §320.106(2)(11))
SECTION 225.020: USE OR SALE OF FIREWORKS
Within the City of Buckner it shall be unlawful for any person to sell, use, burn, explode, or send off the following described fireworks:
1. All “Special Fireworks” as defined in 225.010 unless so authorized by special permit and license granted by the Board of Aldermen.
2. Those Common Fireworks” as defined in 225.010 commonly known as – bottle rockets, sky-rockets, roman candles, torpedoes, Buzz bombs or any other aerial fireworks that do not disintegrate before reaching the ground.
3. All other “common fireworks” as defined in 225.010 above may be sold only on July first (1st), second (2nd), third (3rd) and fourth (4th) each year and may be used, burned, exploded or sent off only on July fourth (4th) each year.
SECTION 225.030: USE OF FIREWORKS LIMITED — WHERE
Within the City of Buckner it shall be unlawful for any person to use, burn, explode, or send off any fireworks on City property. (Ord. No. 363 §66.030, 10-18-79)
SECTION 225.040: SALE OF FIREWORKS LIMITED — WHERE
Within the City of Buckner it shall be unlawful to sell at retail or wholesale fireworks on City property or within one hundred (100) feet of any structure. (Ord. No. 363 §66.070, 10-18-79)

CHAPTER 230: SOLID WASTE
 

SECTION 230.010: DEFINITIONS
The following terms used in this Chapter shall have these prescribed meanings:
DISPOSAL OF SOLID WASTE: The entire process of storage, collection, transportation, processing, and disposal of solid waste.
PERSONS: Individual, partnership, corporation, association, institution, City, County other political subdivisions, authority, State agency, institution, or Federal agency or institution.
SOLID WASTE: Garbage, refuse, discarded materials and undesirable solid and semi-solid waste, residual matter, resulting from industrial, commercial, agricultural, or community activities in such amounts, characteristics, and duration as to injure or harm the public health, welfare, animal life, or property. (CC 1979 §§26.010-26.030)
SECTION 230.020: REGULATIONS FOR DISPOSAL OF SOLID WASTE
A. Storage of Solid Waste.
1. All persons shall be required to store all solid waste except bulk waste in approved, enclosed, single-use containers with tight-fitting lids. The occupant of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment producing solid waste within the corporate limits of the City of Buckner, shall provide sufficient and adequate containers for the storage of all solid waste to serve each such dwelling, unit or establishment, and to maintain such solid waste containers at all times in good repair. All solid waste to be collected shall be placed in proper solid waste containers, except as otherwise provided, and such solid waste containers, as well as the area surrounding them shall be maintained in a clean, neat and sanitary condition at all times.
2. Residential solid waste shall be stored in containers or disposal bags of not more than thirty-five (35) gallons nor less than twenty (20) gallons in nominal capacity. Containers other than disposal bags shall be leakproof, waterproof, and fitted with a flytight lid and shall be properly covered at all times except when depositing waste therein or removing the contents thereof. The contents of solid waste containers which are not approved will not be collected.
B. Collection of Solid Waste.
1. All persons shall have solid waste collected at least once per week pursuant to this Chapter unless otherwise exempted by law.
2. All solid waste from premises to which collection services are provided must be placed in approved containers, except that bulky rubbish will be collected if tied in bundles not exceeding two (2) feet in thickness by four (4) feet in length.
3. Tree limbs and yard wastes shall be placed at the curb or alley for collection. Solid waste containers for the storage of other residential solid waste shall be placed at the curb or alley for collection. No solid waste containers, tree limbs, yard wastes, or other solid waste shall be placed at the curb or alley for collection until the regularly scheduled collection days.
4. Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner shall have been granted written permission from the City of Buckner to use public property for such purposes. The storage site shall be well-drained; fully accessible to collection equipment, public health personnel and fire inspection personnel.
5. Solid waste haulers shall be responsible for the collection of solid waste from the point of collection to the transportation vehicle provided the solid waste was stored in compliance with the requirements for storage containers as set forth herein. Any spillage or blowing litter caused as a result of the actions of the solid waste hauler shall be collected and placed in the transportation vehicle by the hauler.
C. Transportation of Solid Waste.
1. All transportation vehicles shall be licensed and maintained in a safe, clean and sanitary condition, and shall be so constructed, maintained and operated as to prevent spillage of solid waste therefrom. All vehicles to be used for transportation of solid waste shall be constructed with water-tight bodies and with covers which shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle and shall be secure whenever the vehicle is transporting solid waste, or, as an alternative, the entire bodies thereof shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.
2. Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities; however, all such material shall be conveyed in water-tight vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill upon the public rights of way.
D. Disposal of Solid Waste. Solid waste shall be deposited at processing facilities or disposal areas licensed by Jackson County and complying with all requirements of the Missouri Department of Natural Resources. The State or Federal Government may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in an acceptable manner and which will meet all local, State and Federal regulations. (CC 1979 §§26.040-26.070)
SECTION 230.030: ADMINISTRATION
There is hereby established a Solid Waste Disposal Department for the purpose of administration of the solid waste disposal plan which will handle contracts with solid waste haulers. (CC 1979 §26.080)
SECTION 230.040: VEHICLE TRANSPORTING SOLID WASTES — WEIGHT LIMIT — HIGHWAY DEPARTMENT TO PRESCRIBE ROUTE
Notwithstanding any other provision of law to the contrary, any truck, tractor-trailer or other combination engaged in transporting solid waste disposal area or solid waste processing facility approved by the Department of Natural Resources or Division of Health, may operate with a weight not to exceed twenty-two thousand four hundred (22,400) pounds on one (1) axle; provided however, nothing in this Section shall be construed to permit the operation of any motor vehicle on the interstate highway system in excess of the weight limits imposed by Federal Statute; and provided further, that no such truck, tractor-trailer or other combination shall exceed the width and length limitations as prescribed by State Law.
SECTION 230.050: COOPERATION WITH OTHER GOVERNMENTS AND AGENCIES
This solid waste plan shall be available for a cooperative effort with other municipalities and Jackson County, Missouri. This plan is adaptable to the future establishment of a regional processing and resource recovery center and the planning of disposal facilities. (CC 1979 §26.100)
SECTION 230.060: BURNING OF SOLID WASTES — LIMITED
No person shall burn solid waste within the City limits of the City of Buckner without a Missouri Department of Natural Resources burning permit. (Ord. No. 425 §26.110, 7-19-84; Ord. No. 695 §1, 2-6-03)
Cross Reference — As to burning prohibited, see §215.040 of this code.

CHAPTER 235: DISCRIMINATION
 
ARTICLE I. GENERAL PROVISIONS
SECTION 235.010: DEFINITIONS
As used in this Chapter, the following terms shall mean:
COMMISSION: The Missouri Commission on Human Relations.
DISCRIMINATION: Any unfair treatment based on race, color, religion, national origin, ancestry, sex or handicap.
DWELLING: Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
FAMILY: Includes a single individual.
HANDICAP: A physical or mental impairment which substantially limits one (1) or more of a person’s major life activities, or a condition perceived as such, which with or without reasonable accommodation does not interfere with performing the job, utilizing the place of public accommodation, or occupying the dwelling in question.
PERSON: Includes one (1) or more individuals, corporations, partnerships, associations, organizations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, trustees, trustees in bankruptcy, receivers, fiduciaries, or other organized groups of persons.
PLACES OF PUBLIC ACCOMMODATION: All places or businesses offering or holding out to the general public, goods, services, privileges, facilities, advantages or accommodations for the peace, comfort, health, welfare and safety of the general public or such public places providing food, shelter, recreation and amusement including, but not limited to:
1. Any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five (5) rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;
2. Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment;
3. Any gasoline station, including all facilities located on the premises of such gasoline station and made available to the patrons thereof;
4. Any motion picture house, theater, concert hall, sports arena, stadium, or other place of exhibition or entertainment;
5. Any public facility owned, operated or managed by or on behalf of this State or any agency or subdivision thereof, or any public corporation; and any such facility supported in whole or in part by public funds;
6. Any establishment which is physically located within the premises of any establishment otherwise covered by this Section or within the premises of which is physically located any such covered establishment, and which holds itself out as serving patrons of such covered establishment.
RENT: Includes to lease, to sublease, to let and otherwise to grant for consideration the right to occupy premises not owned by the occupant.
UNLAWFUL DISCRIMINATORY PRACTICE: Any act that is unlawful under this Chapter. (RSMo. §213.010)
SECTION 235.020: COMMISSION ON HUMAN RELATIONS — ESTABLISHMENT AUTHORIZED
There is hereby authorized a City Commission on Human Relations, to consist of three (3) members as may be appointed by the Mayor subject to the approval of the Board of Aldermen. The Mayor shall designate the appointee who shall serve as Chairman. Of those first appointed, one-third (1/3) shall be appointed for one (1) year terms, one-third (1/3) for two (2) year terms, and one-third (1/3) for three (3) year terms. All members shall serve a term of three (3) years, except those who are appointed to fill a vacancy occurring during the term of a member. All members shall serve without compensation.
SECTION 235.030: COMMISSION ON HUMAN RELATIONS — MEETINGS AND PROCEDURES
The Commission shall fix the time and place of its meetings, and shall, except as herein provided, adopt such other procedures deemed necessary for the successful administration of the provisions and the consummation of the purposes of this Chapter.
SECTION 235.040: COMMISSION ON HUMAN RELATIONS — FUNCTIONS AND DUTIES GENERALLY
The Commission shall act in an advisory capacity to the Mayor and Board of Aldermen, and its functions and duties shall be to foster mutual self respect and to further amicable relations among the various segments of the population which together comprise the City; to help preserve the City’s good reputation for tolerance and fair play and promote even better relations among its people; to help make it possible for each citizen, regardless of race, color, religion, national origin, ancestry, sex or handicap, to develop his talents and abilities without limitation; and to assist the community in the fullest realization of its human resources. In order to accomplish the objectives herein set out, the Commission shall advise the Mayor and Board of Aldermen and other officers of the City on problems affecting human and intergroup relations.

SECTION 235.050: UNLAWFUL DISCRIMINATORY PRACTICES — GENERALLY
It shall be an unlawful discriminatory practice:
1. To aid, abet, incite, compel, or coerce the commission of acts prohibited under this Chapter or to attempt to do so;
2. To retaliate or discriminate in any manner against any other person because such person has opposed any practice prohibited by this Chapter or because such person has filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding or hearing conducted pursuant to this Chapter; or
3. For the City to discriminate on the basis of race, color, religion, national origin, sex or handicap. (RSMo. §213.070)
SECTION 235.060: DISCRIMINATION COMPLAINT — PROCEDURES
A. Filing Complaint. To ensure that the rights of all parties be adequately protected, the procedures for filing and investigating discrimination complaints shall be as follows:
1. Any person claiming to have been subjected to any discriminatory practice, as defined in this Chapter, may file a complaint with the Commission on Human Relations. Any complaint must be filed within one hundred eighty (180) days of the date of the alleged incident. The complaint shall be in writing and be in such form as the Board may prescribe.
2. Upon receipt of such complaint, the Commission on Human Relations shall furnish a copy of the complaint to the person against whom the complaint is made.
B. Investigation.
1. Within thirty (30) days after receiving the complaint, the Board shall investigate the complaint, and, at its next regularly scheduled meeting, determine whether there is merit to the complaint. If merit is found to exist, the Board shall proceed to try to correct the alleged discriminatory practice by informal methods of conference and conciliation.
2. No further formal action shall be taken for thirty (30) days in an attempt to effect a reconciliation between the parties.
3. If the Board is unable to eliminate or correct the alleged discriminatory practice by conference and conciliation, then the Board shall forward the complaint to the City Attorney for appropriate action.

SECTION 235.070: VIOLATION AND PENALTY
A person who shall violate a provision of this Chapter or fail to comply therewith or any requirements thereof, shall upon conviction thereof be deemed guilty of a misdemeanor and shall be punishable by a maximum fine of five hundred dollars ($500.00) or imprisonment for ninety (90) days or by both such fine and imprisonment.

ARTICLE II. FAIR HOUSING

SECTION 235.080: DECLARATION OF POLICY
The Board of Aldermen of the City of Buckner declares it to be the public policy of the City to eliminate discrimination and safeguard the right of any person to sell, purchase, lease, rent, or obtain real property without regard to race, sex, color, national origin, ancestry, religion, religious affiliation, handicap and without regard to whether a family has children. This Article shall be deemed an exercise of the police powers of the City of Buckner, Missouri for the protection of the public welfare, prosperity, health, and peace of the people of Buckner. (Ord. No. 503 §235.080, 1-7-93)
SECTION 235.085: DEFINITIONS
For the purpose of this Article the following terms, phrases, words and their derivations shall have the meaning given herein unless the context otherwise indicates.
PERSON: Shall include any individual, firm, partnership or corporation.
AGGRIEVED PERSON: Shall include any person who is attempting to provide housing for himself and/or his family in the City of Buckner, Missouri.
DISCRIMINATE: Shall mean distinctions in treatment because of race, sex, color, religion, religious affiliation, handicap, familial status, or national origin of any person. (Ord. No. 503 §235.090, 1-7-93)
SECTION 235.090: DISCRIMINATORY PRACTICES
It shall be a discriminatory practice and a violation of this Article for any person to:
1. Refuse to sell or rent after the making of a bonafide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, sex, color, religion, religious affiliation, or national origin of any person.
2. Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, sex, color, religion, religious affiliation, or national origin.
3. Make, print, or publish, or cause to be made, printed or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, sex, color, religion, religious affiliation, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.
4. For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, sex, color, religion, religious affiliation, or national origin.
5. Discriminate in the sale or rental of housing on the basis of a handicap, and requires the design and construction of new multi-family dwelling with four (4) or more units to meet certain adaptability and accessibility requirements.
6. Discriminate in the sale or rental of housing because a family has children, but exempts certain types of buildings that house older persons, (e.g. Section 202 Housing). (Ord. No. 503 §235.100, 1-7-93)
SECTION 235.095: DISCRIMINATION IN THE FINANCING OF HOUSING
It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or part in the making of commercial real estate loans, to deny a loan to a person applying therefore for the purpose of purchasing, constructing, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount or conditions of such loan, because of the race, sex, color, religion, religious affiliation, handicap, age, familial status or national origin of such person or of any person associated with him in connection with such financing. (Ord. No. 503 §235.110, 1-7-93; Ord. No. 553, 1-2-97)
SECTION 235.100: ADMINISTRATION
A. There is hereby created a Fair Housing Committee whose membership shall be the same as the Commission on Human Relations as set forth in Section 235.020.
B. Every complaint of a violation of this Article shall be referred to the Fair Housing Committee. The Fair Housing Committee shall forthwith notify the person against whom the complaint is made and the identity of the aggrieved person shall be made known to the person against whom the complaint is made at that time. If the Fair Housing Committee, after investigation, finds there is no merit to the complaint, the same shall be dismissed. If the Fair Housing Committee finds that there is merit in the complaint, in their opinion, then and in that event, the Fair Housing Committee will endeavor to eliminate the alleged discriminatory practice by conference and conciliation.
C. If the Fair Housing Committee is unable to eliminate the alleged discriminatory practice by a conference and conciliation, then and in that event, the Fair Housing Committee shall forward said complaint to the City Prosecutor for handling. The final determination of whether or not to prosecute on said complaint shall be left to the City Prosecutor. (Ord. No. 503 §235.120, 1-7-93)

SECTION 235.110: ENFORCEMENT
A. Any person convicted of a violation of this Article shall be punished by a fine of not more than two hundred dollars ($200.00) or by confinement in the City Jail for not more than thirty (30) days, or both such fine and imprisonment.
B. The City Attorney, instead of having the City Prosecutor file a complaint in Municipal Court of said City, may, as an alternative remedy, seek to have the alleged discriminatory practices abated by an action for an injunction to be maintained in the appropriate Circuit Court of the State of Missouri. (Ord. No. 503 §235.130, 1-7-93)
 
ARTICLE III. PUBLIC ACCOMMODATIONS
SECTION 235.120: POLICY
It is hereby declared to be the policy of this City, in exercise of its licensing and police powers for the preservation of the peace and the protection of the health, welfare, and safety of its citizens to prohibit discriminatory practices in places of public accommodation within the City.
SECTION 235.130: DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED, EXCEPTIONS
A. All persons within this City are free and equal and shall be entitled to the full and equal use and enjoyment within this City of any place of public accommodation, as hereinafter defined, without discrimination or segregation on the grounds of race, color, religion, national origin, sex, ancestry, or handicap.
B. It is unlawful discriminatory practice for any person, directly or indirectly, to refuse, withhold from or deny any other person, or to attempt to refuse, withhold from or deny any other person, any of the accommodations, advantages, facilities, services, or privileges made available in any place of public accommodation, as defined in Sections 235.010, or to segregate or discriminate against any such person in the use thereof on the grounds of race, color, religion, national origin, sex, ancestry, or handicap.
C. The provisions of this Section shall not apply to a private club, a place of accommodation owned by or operated on behalf of a religious corporation, association or society, or other establishment which is not in fact open to the public, unless the facilities of such establishments are made available to the customers or patrons of a place of public accommodation as defined in Section 235.010. (RSMo. §213.065)

 
CHAPTER 240: CIVIL DISORDER
 
SECTION 240.010: PROCLAMATION MAY BE ORDERED
The Mayor of Buckner, Missouri, shall have the power, in the event of any riot, unlawful assembly, public commotion or threat or apprehension thereof, to direct the action of the Police and law enforcing agencies of the City and to call to his aid all citizens in suppressing the same, and, in case of urgent necessity, to employ Special Police. The Mayor shall have power to make arrests in cases where he shall have good reason to believe that such offenses have been or are about to be committed and to summon citizens to his aid in making such arrests. He shall also have power in such cases to issue a proclamation in the interest of the public peace and safety, ordering the closing of all establishments in the City licensed for the sale of alcoholic beverages, either by the drink or by the package, which establishments shall remain closed for a period of twenty-four (24) hours after the filing of such proclamation with the City Clerk, or other businesses if he deems it advisable, and the Mayor shall cause notice of such proclamation to be promptly served upon each such establishment, through the Director of Liquor Control, the Police, himself, or any other governmental agency, and any operator or person in charge of any such establishment who shall fail to immediately close and keep such establishment closed after notice thereof has been given to him shall, upon conviction, be deemed guilty of a misdemeanor, and in addition thereto, such failure shall be cause for suspension of license. (CC 1979 §79.010)
SECTION 240.020: CURFEW MAY BE IMPOSED
The Mayor may by proclamation order such curfew as in his judgment shall be necessary, and may further order the closing of any business places as in his judgment may be necessary for the preservation of public health and safety, including but not limited to, those business places engaged in the selling of guns, weapons, gasoline, inflammables, and related items. (CC 1979 §79.020)
SECTION 240.030: VIOLATIONS OF PROCLAMATION
Any person, partnership, firm, or corporation violating the provisions of any proclamation so issued under the provisions of this Chapter, shall upon conviction be deemed guilty of a misdemeanor. (CC 1979 §79.030)
SECTION 240.040: EXCESSIVE FORCE
A. The City hereby adopts and will enforce the Police Department policy prohibiting the use of excessive force by Law Enforcement Agencies within its jurisdiction against any individual engaged in non-violent civil rights demonstrations. The City also prohibits the physical barring of any entrance or exit to such a facility and will enforce all applicable State laws regarding same.
B. Any person guilty of violation of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding one hundred dollars ($100.00) for each violation. Each day in which such violation shall continue shall be deemed a separate offense. (Ord. No. 529 §240.040, 4-6-95)

CHAPTER 245: FOOD AND RESTAURANTS
 
SECTION 245.010: DEFINITIONS
The following definitions shall apply in the interpretation and the enforcement of this Chapter:
ADULTERATED: The conditions of a food:
1. If it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;
2. If it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established, or in excess of such tolerance if one has been established;
3. If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human consumption;
4. If it has been processed, prepared, packed, or held under unsanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
5. If it is in whole or in part the product of a diseased animal, or an animal which has died otherwise than by slaughter; or
6. If its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health;
7. If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or
8. If any substance has been substituted wholly or in part therefor; or
9. If damage or inferiority has been concealed in any manner; or
10. If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is.
APPROVED: Acceptable to the Health Authority based on his determination as to conformance with appropriate standards and good public health practice.
CLOSED: Fitted together snugly leaving no openings large enough to permit the entrance of vermin.
CORROSION-RESISTANT MATERIAL: A material which maintains its original surface characteristics under prolonged influence of the food, cleaning compounds and sanitizing solutions which may contact it.
EASILY CLEANABLE: Readily accessible and of such material and finish, and so fabricated that residue may be completely removed by normal cleaning methods.
EMPLOYEE: Any person working in a food retail establishment who transports food or food containers, who engages in food preparation, or who comes in contact with any food equipment.
EQUIPMENT: All meatblocks, tables, counters, refrigerators, sinks, and similar items, used in the operation of a retail food establishment.
FOOD: Any raw, cooked, or processed edible substance, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.
FOOD-CONTACT SURFACE: Those surfaces of equipment with which food normally comes in contact, and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food.
FOOD-PROCESSING ESTABLISHMENT: A commercial establishment in which food is processed or otherwise prepared and packaged and stored for human consumption.
HEALTH AUTHORITY: The Health Authority of the City of Buckner or his designated representative.
MISBRANDED: The presence of any written, printed or graphic matter, upon or accompanying food or containers of food, which is false or misleading, or which violates any applicable State or local labeling requirements.
PERISHABLE FOOD: Any food of such type or in such condition as may spoil.
PERSON: An individual, or a firm, partnership, company, corporation, trustee, association, or any public or private entity.
POTENTIALLY HAZARDOUS FOOD: Any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic micro-organisms.
RETAIL FOOD ESTABLISHMENT: Any food establishment or portion thereof where staple articles of food commonly called groceries are handled at retail.
SAFE TEMPERATURE: Temperatures of forty degrees Fahrenheit (40°F) or below, and one hundred forty degrees Fahrenheit (140°F) or above as applied to potentially hazardous food.
SANITIZE: Effective bactericidal treatment of clean surfaces of equipment and utensils by process which has been approved by the Health Authority as being effective in destroying micro-organisms, including pathogens.
SEALED: Free of cracks or other openings which permit the entry or passage of moisture.
SINGLE-SERVICE ARTICLES: Cups, containers, lids, or closures; paddles; wrapping materials; and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic, or other readily destructible materials, and which are intended by the manufacturers and generally recognized by the public as for one (1) usage only, then to be discarded.
WHOLESOME: In sound condition, clean, free from adulteration, and otherwise suitable for use as human food. (CC 1979 §63.010)
SECTION 245.020: FOOD
A. Food Supplies. All food in retail food establishments shall be from sources considered satisfactory by the Health Authority, and shall be clean, wholesome, free from spoilage, free from adulteration and misbranding, and safe for human consumption.
B. Food Protection. All food while being stored, prepared, displayed, or sold at retail food establishments, or during transportation between such establishments, shall be protected from contamination. All perishable food shall be stored at such temperatures as will protect against spoilage. All potentially hazardous food shall be maintained at safe temperatures (forty-five degrees Fahrenheit (45°F) or below, or one hundred forty degrees Fahrenheit (140°F) or above). Shellfish shall be stored at forty degrees Fahrenheit (40°F) or below. Frozen foods shall be stored at ten degrees Fahrenheit (10°F) or below. Frozen foods shall not be refrozen after thawing. Frozen food such as poultry shall not be thawed for retail sale without being properly identified.
C. Loading of Refrigerators and Freezers. Dairy products, frozen foods and meats shall not be loaded above the danger line, freeze line, glass or mark on display cases or in such a manner as to in any way block the circulation of cold air.
D. Use of Poisonous and Toxic Materials. Only such poisonous and toxic materials as are required to maintain sanitary conditions and for sanitization purposes may be used. Poisonous and toxic materials shall be identified, and shall be used only in such manner and under such conditions as will not contaminate food or constitute a hazard to employees or customers. Such items must be stored and displayed separately from food. (CC 1979 §63.020)
SECTION 245.030: PERSONNEL
A. Health and Disease Control. No person while affected with any disease in a communicable form, or while a carrier of such disease, or while afflicted with boils, infected wounds, sores, or an acute respiratory infection, shall work in any area of a retail food establishment in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces with pathogenic organisms, or transmitting disease to other individuals; and no person known or suspected of being affected with any such disease or condition shall be employed in such an area or capacity. If the manager or person in charge of the establishment has reason to suspect that any employee has contacted any disease in a communicable form or has become a carrier of such disease, he shall notify the Health Authority immediately.

B. Cleanliness. All employees shall wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty. They shall wash their hands thoroughly in an approved hand-washing facility before starting work, and as often as may be necessary to remove soil and contamination. No employee shall resume work after visiting the toilet room without first washing his hands. (CC 1979 §63.030)
SECTION 245.040: FOOD EQUIPMENT
A. Sanitary Design, Construction and Installation of Equipment and Utensils. All equipment shall be so designed and of such material and workmanship as to be smooth, easily cleanable and durable, and shall be in good repair; and the food-contact surfaces of such equipment and utensils shall, in addition, be easily accessible for cleaning non-toxic, corrosion resistant and relatively nonabsorbent; provided, that, when approved by the Health Authority, exceptions may be made to the above material requirements for equipment such as cutting boards, blocks, and bakers’ tables. All equipment shall be so installed and maintained as to facilitate the cleaning thereof, and of all adjacent areas. Single-service articles shall be made from non-toxic materials.
B. Cleanliness of Equipment. All food-contact surfaces of equipment, shall be thoroughly cleaned after each operation. All food-contact surfaces of equipment used in the preparation, service, display, or storage of potentially hazardous food shall be thoroughly cleaned and sanitized prior to each use. Non-food-contact surfaces of equipment shall be cleaned at such intervals as to keep them in a clean and sanitary condition. All food-contact surfaces of equipment shall be so stored and handled as to be protected from contamination. All single-service articles shall be stored, handled, and dispensed in a sanitary manner, and shall be used only once. (CC 1979 §63.040)
SECTION 245.050: SANITARY FACILITIES AND CONTROLS
A. Water Supply. The water supply shall be adequate, of a safe, sanitary quality and from an approved source. Hot and cold running water under pressure shall be provided in all areas where food is prepared, or equipment, or containers are washed. Ice used for any purpose shall be made from water which comes from an approved source, and shall be used only if it has been manufactured, stored, transported, and handled in a sanitary manner.
B. Sewage Disposal. All sewage shall be disposed of in a public sewerage system or, in the absence thereof, in a manner approved by the Health Authority.
C. Plumbing. Plumbing shall be so sized, installed, and maintained as to carry adequate quantities of water to required locations throughout the establishment; as to prevent contamination of the water supply; as to properly convey sewage and liquid wastes from the establishment to the sewerage or sewage-disposal system; and so that it does not constitute a source of contamination of food, equipment, or create an unsanitary condition or nuisance.

D. Toilet Facilities. Each retail food establishment shall be provided with adequate, conveniently located toilet facilities for its employees. Toilet fixtures shall be of sanitary design and readily cleanable. Toilet facilities, including rooms and fixtures, shall be kept in a clean condition and in good repair. The doors of all toilet rooms shall be self-closing. Toilet tissue shall be provided. Easily cleanable receptacles shall be provided for waste materials, and such receptacles in toilet rooms for women shall be covered. Where the use of non-water-carried sewage disposal facilities have been approved by the Health Authority, such facilities shall be separate from the establishment. When toilet facilities are provided for patrons, such facilities shall meet with the requirements of this Subsection.
E. Hand-Washing Facilities. Each retail food establishment shall be provided with adequate, conveniently located hand-washing facilities for its employees, including a lavatory or lavatories equipped with hot and cold or tempered running water, hand-cleansing soap or detergent, and approved sanitary towels or other approved hand-drying devices. Such facilities shall be kept clean and in good repair.
F. Garbage and Rubbish Disposal. All garbage and rubbish containing food wastes shall, prior to disposal, be kept in leakproof, nonabsorbent containers which shall be kept covered with tight-fitting lids when filled or stored, or not in continuous use; provided, that such containers need not be covered when stored in a special vermin-proofed room or enclosure, or in a food-waste refrigerator. All other rubbish shall be stored in containers, rooms or areas in an approved manner. The rooms, enclosures, areas, and containers used shall be adequate for the storage of all food waste and rubbish accumulating on the premises. Adequate cleaning facilities shall be provided, and each container, room, or area shall be thoroughly cleaned after the emptying or removal of garbage and rubbish. All garbage and rubbish shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance.
G. Vermin Control. Effective measures shall be taken to protect against the entrance into the establishment and the breeding or presence on the premises of vermin.
H. Storage of Distressed Food. All food which has been returned, damaged, unsaleable, or otherwise unfit for human consumption, must be isolated or held in a manner to preclude contamination of other food products. (CC 1979 §63.050)
SECTION 245.060: OTHER FACILITIES AND OPERATIONS
A. Floors, Walls, and Ceilings. The floor surfaces in all rooms and areas in which food is stored or prepared and in which equipment is washed, and in walk-in refrigerators, dressing or locker rooms and toilet rooms, shall be of smooth, nonabsorbent materials, and so constructed as to be easily cleanable; provided, that, the floors of non-refrigerated, dry-food-storage areas need not be nonabsorbent. All floors shall be kept clean and in good repair. Floor drains shall be provided in all rooms where floors are subject to flooding-type cleaning or where normal operations release or discharge water or other liquid waste on the floor. Use of sawdust on floors is prohibited. Dustless methods of floor cleaning must be used. The walls and ceilings of all rooms shall be kept clean and in good repair. All walls or rooms or areas in which food is prepared, or equipment or hands are washed, shall be easily cleanable, smooth and light-colored, and shall have washable surfaces up to the highest level reached by splash or spray.
B. Lighting. All areas in which food is prepared or stored or equipment is washed, hand-washing areas, dressing or locker rooms, toilet rooms, and garbage and rubbish storage areas shall be well lighted. During all cleanup activities, adequate light shall be provided in the area being cleaned, and upon or around equipment being cleaned.
C. Ventilation. All rooms in which food is prepared or stored or equipment is washed, dressing or locker rooms, toilet rooms, and garbage and rubbish storage areas shall be well ventilated. Filters, where used, shall be readily removable for cleaning or replacement.
D. Dressing Rooms and Lockers. Adequate facilities shall be provided for the orderly storage of employee’s clothing and personal belongings. Where employees routinely change clothes within the establishment, one (1) or more dressing rooms or designated areas shall be provided for this purpose. Such designated areas shall be located outside of the food preparation, storage, and the equipment washing and storage areas; provided, that, when approved by the Health Authority, such an area may be located in a storage room where only completely packaged food is stored. Designated areas shall be equipped with adequate lockers, and lockers or other suitable facilities shall be provided in dressing rooms. Dressing rooms and lockers shall be kept clean.
E. Housekeeping. Preparation areas, store rooms, display shelves, and all other areas shall be kept clean, neat, and free from litter and rubbish. Cleaning operations shall be conducted in such a manner as to minimize contamination of food and food-contact surfaces. None of the operations connected with retail food establishments shall be conducted in any room used as living or sleeping quarters. Soiled lines, coats, and aprons shall be kept in suitable containers until removed for laundering. No live birds or animals shall be allowed in any area used for the conduct or retail food establishment operations; provided, that, guide dogs accompanying blind persons may be permitted in sales areas. Outside premises shall be kept clean, neat, and free of rubbish and other waste materials. (CC 1979 §63.060)
SECTION 245.070: ENFORCEMENT PROVISIONS
A. Permit. It shall be unlawful for any person to operate a retail food establishment within the City of Buckner, Missouri, or its Police jurisdiction, who does not possess a valid permit issued to him by the Health Authority. Only a person who complies with the requirements of this Chapter shall be entitled to receive and retain such a permit. Permits shall not be transferable from one (1) person to another person or place. A valid permit shall be posted in every food-service establishment.
1. Issuance of permits. Any person desiring to operate a retail food establishment shall make written application for a permit on forms provided by the Health Authority. Such application shall include:
a. The applicant’s full name and post office address and whether such applicant is an individual, firm, or corporation, and, if a partnership, the names of the partners, together with their addresses shall be included;
b. The location and type of the proposed retail food establishment;
c. The signature of the applicant or applicants. Upon receipt of such an application, the Health Authority shall make an inspection of the retail food establishment to determine compliance with the provisions of this Chapter. When inspection reveals that the applicable requirements of this Chapter have been met, a permit shall be issued to the applicant by the Health Authority.
2. Suspension of permits. Permits may be suspended temporarily by the Health Authority for failure of the holder to comply with the requirements of this Chapter. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this Section 245.070 of this Chapter, the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the Health Authority by the permit holder. Notwithstanding the other provisions of this Chapter, whenever the Health Authority finds unsanitary or other conditions in the operation of a retail food establishment which, in his judgment, constitute a substantial hazard to the public health, he may without warning, notice or hearing, issue a written notice to the permit holder or operator citing such conditions, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken; and, if deemed necessary, such order shall state that the permit is immediately suspended, and all retail food operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the Health Authority, shall be afforded a hearing as soon as possible.
3. Reinstatement of suspended permits. Any person whose permit has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the permit. Within ten (10) days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the Health Authority shall make a reinspection. If the applicant is complying with the requirements of this Chapter, the permit shall be reinstated.
4. Revocation of permits. For serious or repeated violations or any of the requirements of this Chapter, or for interference with the Health Authority in the performance of his duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the Health Authority. Prior to such action, the Health Authority shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit shall be permanently revoked at the end of five (5) days following service of such notice, unless a request of a hearing is filed with the Health Authority, by the permit holder, within such five-day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto.

5. Hearings. The hearings provided for in this Section shall be conducted by the Health Authority at a time and place designated by him. Based upon the record of such hearing, the Health Authority shall make a finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the Health Authority.
B. Inspection of Retail Food Establishments. At least once every six (6) months, the Health Authority shall inspect each retail food establishment located in the City of Buckner, Missouri, or its Police jurisdiction, and shall make as many additional inspections and reinspections as are necessary for the enforcement of this Chapter.
1. Access to establishment. The Health Authority, after proper identification, shall be permitted to enter, at any reasonable time, any retail food establishment within the City of Buckner, Missouri, or its Police jurisdiction, for the purpose of making inspections to determine compliance with this Chapter. He shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received, or used, and persons employed.
2. Issuance of notices. Whenever the Health Authority makes an inspection of a retail food establishment and discovers that any of the requirements of Sections 245.020 and 245.070 of this Chapter have been violated, he shall notify the permit holder or operator of such violations by means of an inspection report form or other written notice. In such notification, the Health Authority shall:
a. Set forth the specific violations found.
b. State that failure to comply with any notice issued in accordance with the provisions of this Chapter may result in immediate suspension of the permit.
c. State that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the Health Authority within the period of time established in the notice for correction.
3. Service of notices. Notices provided for under this Section shall be deemed to have been properly served with the original if the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the permit holder. A copy of such notice shall be filed with the records of the Health Authority.

C. Examination and Condemnation of Food. Food may be examined or sampled by the Health Authority as often as may be necessary to determine freedom from adulteration or misbranding. The Health Authority may, upon written notice to the owner or person in charge, place a hold order on any food which he determines or has probable cause to believe to be unwholesome or otherwise adulterated, or misbranded. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice or tag placed on food by the Health Authority, and neither such food or the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of, or destroyed without permission of the Health Authority, except an order by the court of competent jurisdiction. After the owner or person in charge has had a hearing as provided in Subsection B(2)(c), and on the basis of evidence produced at such hearing, or on the basis of his examination in the event a written request for a hearing is not received within ten (10) days, the Health Authority may vacate the hold order, or may by written order direct the owner or person in charge of the food which was placed under the hold to denature or destroy such food or to bring it into compliance with the provisions of this Chapter; provided, that, such order of the Health Authority to denature or destroy such food or bring it into compliance with the provisions of this Chapter shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) days.
D. Plan Review of Future Construction. When a retail food establishment is hereafter constructed or extensively remodeled, or when an existing structure is converted for use as a retail food establishment, properly prepared plans and specifications for such construction, remodeling, or alteration, showing layout, arrangement, and construction materials of work areas, and the location, size, and type of fixed equipment and facilities, shall be submitted to the Health Authority for approval before such work is begun.
E. Procedure When Infection is Suspected. When the Health Authority has reasonable cause to suspect the possibility of disease transmission from any retail food establishment employee, the Health Authority shall secure a morbidity history of the suspected employee, or make such other investigation as may be indicated, and take appropriate action. The Health Authority may require any or all of the following measures:
1. The immediate exclusion of the employee from all retail food establishments;
2. The immediate closure of the retail food establishment concerned until, in the opinion of the Health Authority; no further danger of disease outbreak exists;
3. Restriction of the employee’s services to some area of the establishment where there would be no danger of transmitting disease; and
4. Adequate medical and laboratory examinations of the employee, of other employees, and of his and their body discharges.

F. Penalties. Any person who shall violate any of the provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100.00). In addition thereto, such persons may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation. (CC 1979 §63.070)

 
CHAPTER 250: CONDUCT IN CITY PARKS
 
SECTION 250.010: DEFINITIONS
In this Chapter, unless the context requires otherwise, the following words shall have the meanings set out below:
CONCESSION STAND: Any portion of a park used for the purpose of dispensing foods, confections, soft drinks, merchandise and/or miscellaneous craft items.
INTOXICATING LIQUOR: As used in this Chapter, shall mean and include alcohol for beverage purposes — alcoholic, spirituous, vinous, fermented, malt or other liquors, or combinations of liquors, a part of which is spirituous, vinous, fermented, and all preparations or mixtures for beverage purposes.
LITTER: Any wastepaper, rubbish, bottles, cans, wrappers and other trash.
LOITERING: Any standing, loafing, strolling, wandering, playing or congregating on park premises or the surrounding property thereof when a park has been otherwise closed to the public and when the presence of such person or persons is for an unlawful purpose or in violation of the park rules and regulations or tends to disturb the proper and orderly use of such park facilities by others.
PARK: Any property, parking lot, playing field, playground, swimming pool or other recreational facility owned or used by the City of Buckner for recreational activities and designated for such purposes.
PERSON: Any individual, firm, association, corporation or partnership.
PROPERTY: Any building, structure, bridge, table, bench, fireplace, railing, paving, tree, shrubs, fountains, swimming pool, playground equipment and all other public property and appurtenances in a park.
TRASH: Refuse, rubble, ashes, inorganic waste, tree limbs and other debris.
VEHICLE: Any wheeled conveyance, whether self-propelled, drawn or towed. (CC 1979 §27.010; Ord. No. 450 §27.010, 3-5-87)
SECTION 250.020: POLICE DEPARTMENT — DUTY
It shall be the duty of the Police Department to assist in the enforcement of this Chapter. (CC 1979 §27.020; Ord. No. 450 §27.020, 3-5-87)

SECTION 250.030: PARKS — MISCELLANEOUS REGULATIONS
A. It shall be unlawful for any person in a park to:
1. Willfully and maliciously mark on, deface, disfigure, tamper with or remove any park property.
2. Enter any building or structure designated for the opposite sex if such person is older than six (6) years of age.
3. Construct or erect any tent, building, structure, fence or utility lines except by permit issued by the Park Board.
4. Plant, cut, remove or pick any tree or other plant.
5. Climb upon, stand upon or sit upon any park property not designated or customarily used for such purposes.

6. Solicit alms or contributions without obtaining a permit to do so from the Park Board.
7. Build or attempt to build a fire in any area not designated for such purposes by the Park Board.
8. Enter any area posted as “Closed to the Public.”
9. Fail to exhibit any permit issued to the person from the Park Board when requested to do so by any authorized person for the purpose of enforcing compliance with the permit.
B. Parks, shelter houses, playgrounds, playing fields and parking lots shall be open for use by the public from 7:00 A.M. to 11:00 P.M. It shall be unlawful for any person in a park to enter or remain on park property from the hours of 11:00 P.M. to 7:00 A.M., except when participating in or as a spectator at an activity sponsored by or with a special user permit from the Park Board. (CC 1979 §27.030; Ord. No. 450 §27.030, 3-5-87
VIOLATION – PENALTY
Any person violating any of the provisions of this Section shall be deemed guilty of a misdemeanor and upon conviction thereof may be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned for a period not exceeding ninety (90) days or be so fined and imprisoned.
SECTION 250.040: SANITATION
It shall be unlawful for any person in a park to:
1. Dump, throw or deposit any trash or litter upon the park property.
2. The operator of a vehicle shall be presumed to be responsible for litter which is thrown, dropped, deposited, placed or left from the vehicle on City property. (CC 1979 §27.040; Ord. No. 450 §27.040, 3-5-87)
SECTION 250.050: PARK — TRAFFIC REGULATIONS
It shall be unlawful for any person in a park to:
1. Fail to obey any Police Officer or authorized individual when such individual is authorized to direct traffic within a park by the Park Board and/or Police Chief to control vehicular traffic within such park.
2. Fail to obey any posted traffic sign.
3. Ride or drive any vehicle at a speed greater than five (5) miles per hour.
4. Drive any vehicle on any property except paved park roads, paved parking areas and such other park areas as may be designated by the Park Board.
5. Park a vehicle anywhere other than those areas designated by the Park Board. (CC 1979 §27.050; Ord. No. 450 §27.050, 3-5-87)
SECTION 250.060: USE OF WHEELED VEHICLE IN PARK PROHIBITED
No person shall operate any wheeled vehicles including but not limited to tricycles, bicycles, scooters, skates, skateboards, mo-peds, motorscooters, motorbikes, motorcycles and wagons on and over the tennis courts, ball diamonds, track, football and soccer fields in the Buckner City Park. (CC 1979 §27.060; Ord. No. 450 §27.060, 3-5-87)
SECTION 250.070: DOMESTIC ANIMALS
No domestic animal shall be brought into the park unless it is kept on a leash of sufficient length or otherwise adequately restrained. (CC 1979 §27.090; Ord. No. 450 §27.090, 3-5-87)
SECTION 250.080: INTOXICATION OR USE OF INTOXICATING SUBSTANCES IN A PARK
A. A person commits the offense of public intoxication when he is in a City park in a state of drunkenness or intoxication which has been caused or induced by the consumption of alcoholic beverage or the use of a narcotic.
B. A person commits the offense of public use of an intoxicating substance when he shall drink or otherwise consume any alcoholic beverage, intoxicating liquor; or use any controlled substance or narcotic drug in any City park. (CC 1979 §27.110; Ord. No. 450 §27.110, 3-5-87)

SECTION 250.090: OPEN BEER OR LIQUOR CONTAINERS
A person commits the offense of possession of an open beer or liquor container if a container of non-intoxicating beer, malt liquor, or intoxicating liquor (as those terms are defined in Section 600.020 of this Code) is found in his possession, or his person, or within a vehicle which that person has under his control within any City park. (CC 1979 §27.120; Ord. No. 450 §27.120, 3-5-87)
SECTION 250.100: USE OF HARD SOLED SHOES ON CITY PARK TENNIS COURTS — PROHIBITED
No person shall wear hard soled shoes while on the surface of the tennis courts in a City park. (CC 1979 §27.150; Ord. No. 450 §27.150, 3-5-87)
SECTION 250.110: PARKS — MERCHANDISING
A. Any person desiring to sell merchandise or concessions of any kind in a park shall, in addition to any other necessary licenses, obtain the prior written permission or a permit to do so from the Park Board.
B. The approval of the Park Board is required for any person to operate a concession stand in a City park as defined in this Chapter. (CC 1979 §27.160; Ord. No. 450 §27.160, 3-5-87)
SECTION 250.120: SUBJECT TO JURISDICTION OF CITY
In addition to the regulations, restrictions and provisions set forth in this Chapter, it is hereby declared that any facts or things committed or done by any persons or companies at the park, such park being located within the corporate limits of the City, in violation of any of the ordinances of the City shall be subject to the jurisdiction of the City and to prosecution for such violations in the same manner and with the same effect as relates to unlawful acts committed at any place within the corporate limits of the City, it being intended that the regulations and the restrictions set forth in this Chapter are supplemental and in addition to all other ordinances of the City governing the conduct of persons and companies. (CC 1979 §27.170; Ord. No. 450 §27.170, 3-5-87)
SECTION 250.130: PENALTY
A. Persons found guilty of violating any provision of this Chapter shall be punished by a fine of not more than five hundred dollars ($500.00) and/or imprisoned for not more than ninety (90) days.
B. Each violation of this Chapter shall be deemed a separate offense. (CC 1979 §27.180; Ord. No. 450 §27.180, 3-5-87)
SECTION 250.140: REQUIRED TO LEAVE PARK
Any person in violation of any law, ordinance or the rules and regulations of the Park Board, or in any other way endangering the safety or property of others, may be required to immediately leave the park for the day. Failure to comply with such an order by the Park Board, or by authorized Law Enforcement Officials, shall be a violation of this Chapter. (CC 1979 §27.190; Ord. No. 450 §27.190, 3-5-87)
SECTION 250.150: ENTRY INTO PARK — PROHIBITED — WHEN
No person shall enter the City Park with a vehicle, truck, trailer or RV in excess of 3/4 ton except delivery, maintenance or trash disposal vehicles. (Ord. No. 402 §76.770, 8-5-82)
SECTION 250.160: SPECIAL SPEED LIMIT IN PARK
No person shall operate a vehicle in the Buckner City Park in excess of five (5) miles per hour. (Ord. No. 426 §76.090, 7-19-84)

CHAPTER 255: EMERGENCY PREPAREDNESS OFFICE
 
SECTION 255.010: ESTABLISHMENT
There is hereby created within and for the City of Buckner an emergency preparedness organization to be known as the City of Buckner Emergency Preparedness Office, which is responsible for the preparation and implementation of emergency functions required to prevent injury and minimize and repair damage due to disasters, to include emergency management of resources and administration of such economic controls as may be needed to provide for the welfare of the people, and emergency activities (excluding functions for which military forces are primarily responsible) in accordance with Chapter 44, RSMo., and the Missouri Disaster Operations Plan adopted thereunder.
SECTION 255.020: COMPOSITION
This office shall consist of a Coordinator and other members appointed by the Mayor to conform to the State Organization and procedures for the conduct of emergency operations as outlined in the Missouri Disaster Operations Plan.
SECTION 255.030: FUNCTIONS
The organization shall perform emergency preparedness functions within the territorial limits of the City of Buckner, and may conduct these functions outside the territorial limits as directed by the Governor during the time of emergency pursuant to the provisions of the Missouri Civil Defense Act, Chapter 44, RSMo., 1978, and supplements thereto.
SECTION 255.040: DIRECTOR
A. The Director will be appointed by the Mayor, with the consent and approval of the Board of Aldermen and shall serve during the pleasure of the Mayor and Board of Aldermen.
B. The Director shall have direct responsibility for the organization, administration and operations of local emergency preparedness activities.
C. The Director shall be responsible for maintaining records and accounting for the use and disposal of all items of equipment placed under the jurisdiction of the Emergency Preparedness Agency.
SECTION 255.050: EXECUTIVE OFFICER
The Mayor of Buckner and the Director, in accordance with Chapter 44, Revised Statutes of Missouri, 1978, and supplements there, may:
1. Appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies for civil defense purposes; provide for the health and safety of persons, including emergency assistance to victims of any enemy attack; the safety of property; and direct and coordinate the development of disaster plans and programs in accordance with the policies and plans of the Federal and State Disaster and Emergency Planning.
2. Appoint, provide, or remove rescue teams, auxiliary fire and police personnel and other emergency operation teams, units, or personnel who may serve without compensation;
3. In the event of enemy attack, waive the provisions of statutes requiring advertisements for bids for the performance of public work or entering into contracts;
4. With the approval of the Governor and consistent with the Missouri Emergency Operations Plan, enter into mutual aid agreements with other public and private agencies within and without the State for reciprocal emergency aid;
5. Accept services, materials, equipment, supplies or funds granted or loaned by the Federal government for disaster planning and operations purposes.
SECTION 255.060: OATH
No person shall be employed or associated in any capacity in any organization established under this act who advocates or has advocated a change by force or violence in the constitutional form of the government of the United States or in this State or the overthrow of any government in the United States by force or violence, or has been convicted of or in under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in an organization shall, before entering upon his duties, take an oath, in writing, before a person authorized to administer oaths in this State, which oath shall be substantially as follows:
“I, , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Missouri, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such a time as I am a member of the Buckner Emergency Preparedness Organization, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence.”
SECTION 255.070: OFFICE SPACE
The Mayor with the consent and approval of the Board of Aldermen is authorized to designate space in any Buckner owned or leased building for the Buckner Emergency Preparedness Office.