ORDINANCE NO. 33.
AN ORDINANCE IN RELATION TO MISDEMEANORS.
Be it ordained by the Board of Aldermen of the City of Browning, Missouri, as follows:
SECTION 1. Unlawful Assembly. -- If three or more persons shall assemble together within this city, with intent, or being assembled, shall agree mutually to assist one another to do any unlawful act with force and violence against the property of this city, or the person or property of others, and shall make any movement or preparation therefor, and every person present at such meeting or assembly who shall not endeavor to prevent the commission or perpetration thereof, shall be deemed guilty of a misdemeanor.
SECTION 2. Disturbing the Peace. -- If any person or persons within this city shall wilfully disturb the peace of any neighborhood, family or person, by loud and unusual noise, or by offensive or indecent conversation, or by threatening, quarreling, challenging or fighting, he shall be deemed guilty of a misdemeanor.
SECTION 3. Assaulting Another or Insulting a Female. -- If any person shall within the corporate limits of this city assault, strike, beat or wound another in such manner as to constitute common assault, or shall fight or agree to fight any person, or shall insult any female by any improper or obscene language or indecent conduct he shall be deemed guilty of a misdemeanor.
SECTION 4. Disturbing Religious or Other Assembly. -- Every person who shall wilfully, maliciously or contemptuously disturb or disquiet any camp meeting, congeration or other assembly met for religious worship or when meeting at the place of worship or dispersing therefrom or any school or meeting or assembly of people by rude or indecent behavior, or profane discourse within the place of assembly or so near the same as to interrupt or disturb the order or solemnity therof, or who shall wilfully menace, threaten or assault any person there being, shall be deemed guilty of a misdeanor.
SECTION 5. Drunkenness An Offense. -- If any person shall be drunk or shall be in a state of intoxication, in any street, avenue, alley or other public ground or place within this city, or wihtin any public building or business house within this city or shall be drunk, or in a state of intoxication in any private house or private premises to the annoyance or disturbance of the peace of any person he or she shall be deemed guilty of a misdeameanor and punished accordingly. (Repealed by Ord. #50 6-4-55)
SECTION 6. Fast Driving and Leaving Animals Unfastened. -- Who ever shall, within this city, ride or drive any horse, mule or other animal, whether hitched to a vehicle of any kind or not, upon any street, alley, square, common or other public place at an immoderate or reckless gait, or in such a manner as to endanger any person, or shall wilfully ride or drive into or against any vehicle, or who shall ride any horse, mule or other animal upon or across any street crossing in this village in such manner as to run against or over any person upon or near such street crossing, or in such manner as to be liable to run over or against any person, or shall ride or drive an unsafe, wild, vicious or unbroken horse, mule or other animal upon any street, alley, avenue or public place unfastened or unguarded so as to prevent its running away, shall be deemed guilty of a misdemeanor.
SECTION 7. Playing in the Streets Prohibited. -- No person shall within this city, upon any street, alley, avenue or public place, play at any game or amusement, or engage in any sport or exercise likely to scare horses or other animals, injure passengers or embarrass the passage of vehicles or play ball or throw stones, brick bats or other missles so as to strike or be likely to strike any person or endanger or damage any property or building of another, and every person so offending shall be deemed guilty of a misdemeanor.
SECTION 8. Riding or Driving Upon Sidewalks. -- Whoever shall, in this city ride or lead any horse, mule, cow or other animals along, upon or across any brick, stone, wooden or other sidewalk of this city, or ride or run any bicycle or tricycle on any such sidewalk or any kind of a vehicle drawn by horses, mules or other animals, except across regular crossings, or across private crossings or premises, shall be deemed guilty of a misdemeanor.
SECTION 9. Obstructing Sidewalks by Placing Vehicles, Etc., Thereon Prohibited. -- Whoever shall, in the city of Browning, stop or place any wagon, buggy, cart or other vehicle or conveyance upon or across any street crossing, or shall hitch any horse, mule, team or other animal or animals, so that it or they shall obstruct any such crossing, shall be deemed guilty of a misdemeanor.
SECTION 10. Obsturcting Sidewalks, Etc., -- Whoever shall, within the corporate limits of the city of Browning, create or cause any obstruction upon any sidewalk, street, lane, avenue, alley, street crossing or other public grounds in the city, by throwing, placing, creating or causing in any manner whatsoever to be placed thereon any sticks, stones, wood, coal, boards, lumber, boxes, paper, trash, rubbish, bottles, cans, hay, straw, melon refuse or rind of any melons, or decayed fruit substance of any kind, or any person hauling hay or straw, lumber, stone, coal, wood, lumber or other material, who shall permit any portion of such stone, coal, wood, lumber or other material to drop from their wagons, dray or conveyance upon any street or alley, crossing, or other public grounds and shall fail immediately to remove the same therefrom, such person shall be deemed guilty of a misdemeanor; provided, that persons unloading merchandise or other articles into or from their place of business or residence, may place the same upon the sidewalk so as not to obstruct the same from travel and to remove the same as soon as possible; and provided further, that persons building or improving any premises or property, may with the permission of the Mayor place any building material or mortar box along the side of the street so as to obstruct it as little as possible, and to remove the same as soon as possible, when ordered to do so by the Mayor or Board of Aldermen.
SECTION 11. Stallion, Jacks, and Other Male Animals. -- No person shall let any horse, jack or other male animal tease or serve any female animal near a public street, alley or other ground of any kind, or a residence other than that of the owner of the animal, unless the same is surrounded by natural or artificial barriers, so as to obstruct the view from said street or public ground, or of persons residing at such residence. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor.
SECTION 12. Exhibiting Stallion, Jack, Bull, Etc., on Streets Prohibited. -- Whoever shall, in the city of Browning, exhibit any stallion, jack or bull on any street, or near any dwelling house, or shall hitch any stallion, jack or bull on any street, alley or public place within this city, shall be deemed guilty of a misdemeanor.
SECTION 13. -- Destroying Hand Bills or Notices. -- If any person shall in this city, wilfully tear, pull or cut down, destroy, mutilate or deface any poster, handbill, sale bill, card or other advertisement of any lawful business, trade or occupation, lawfully posted upon any bulletin board, hall or other place, either in public or private, he shall be deemed guilty of a misdemeanor.
SECTION 14. Prohibiting Posting of Bills, Etc., Without Consent of Owner. -- No person, shall in this city, post, tack, paste, nail, paint, stamp or print any poster, handbill, card, advertisement or notice of any kind whatsoever, upon any hall, fence, house, door, post, either public or private, without first obtaining permission of the owner or agent of the property, and every person so offending shall be deemed guilty of a misdemeanor.
SECTION 15. Not to Hitch to Trees, Fences, Etc. -- No person shall in the city of Browning, Missouri, hitch or fasten any animal to any railing, fence, telephone pole, ornamental or shade trees or lamp post not belonging to him or his employer, or to any awning post or telegraph pole, and every person so offending shall be deemed guilty of a misdemeanor.
SECTION 16. Defacing or Injuring Buildings, Etc. -- Any person or persons who shall, within this city, deface, injure or impair any building or buildings, fence, gate, sign, tree, box, ornaments, shade trees, shrubbery, lamp post, awning post, telegraph pole, telephone pole, sidewalk, or any other property of any kind in this city, belonging to the city or to any private person, persons or corporation, by cutting, breaking, daubing with paint, or any other filth, offal or substance, hitching of horses or other animals, throwing of stones or other missles, or in any other way or manner defacing or impairing, or tearing down the same or committing any other dirty or filthy act by throwing, placing, dumping or depositing any filth, the contents of any privy, refuse, animal or vegetable matter in, upon or about any such property or premises, shall be deemed guilty of a misdemeanor.
SECTION 17. Public Indecency Prohibited. -- No person shall, in this city, appear in any public place in a state of nudity, or any dress not belonging to his or her sex, or in any indecent or lewd dress, or shall make indecent act or behavior, or shall exhibit or perform any indecent, immoral or lewd play or presentation, and every person so offending shall be guilty of a misdemeanor.
SECTION 18. Causing Animals to Fight, Prohibited. -- Whoever shall purposely cause dogs or other animals to fight upon the streets, alleys or public places of this city shall be deemed guilty of a misdemeanor.
SECTION 19. Climbing on Moving Wagons, Etc., Prohibited. -- Whoever shall in the City of Browning, climb upon, hold to or in any manner attach himself to any wagon, buggy, cart or other vehicle, or means of conveyance, whether such vehicle, or means of comveyance be standing or in motion, shall be deemed guilty of a misdemeanor; provided, the provisions of this section shall not be construed to apply to any person who shall climb upon, or attach himself to any such vehicle or conveyance the property of himself, or under his charge or control, nor to any merchant or other person in the usual or necessary transaction of business, or discharge of duty.
SECTION 20. Climbing upon Moving Cars, Etc., -- Any person, who shall climb upon, hold to or in any manner attach himself to any locomotive engine, or car, while the same is running through this city, or switching on the main or sidetrack of the railroad therein; or any minor playing upon the right of way of the railroad, or loitering, playing or idling about the depot or "tank" in this city shall, upon conviction, be adjudged guilty of a misdemeanor; provided, the provisions of this section shall not be held to apply to trainmen in the discharge of their duty, nor to any person taking passage upon an outgoing, or alighting from an incoming train; nor to any minor sent upon the right of way, or the depot or tank by such minor's parent or parents, guardian or employer.
SECTION 21. Persons on Street With Contagious Disease. -- It shall be unlawful for any person having any contagious or infectious disease, and knowing that he or she has such disease, to go upon the public streets of this city, or to enter into any house occupied by people other than his own family, without notifying such person of such fact; or to enter into any public gathering or congregation, or into any public school, or to send any child or apprentice so infected upon any public street or common of this city, or into any private house, then being occupied by any person, or into any public gathering, congregation or public school, and no person or persons shall take another person or child so infected into any house, public building or school, or upon the streets or commons of this city, and any person so doing shall be deemed guilty of a misdemeanor.
SECTION 22. Loafing on Street Corners, Prohibited. -- No person shall loiter, loaf, or lounge at the corner of streets or in the vicinity of any place of amusement, public school, church, hotel, restaurant, eating house, or in or upon any square, street, avenue, alley or sidewalk within this city, and refuse to disperse or vacate such place when requested to do so by the Marshal or his assistants, or at the request of the person in charge of said church, school or place of amusement. Any person or persons violating any of the provisions of this section shall be deemed guilty of a misdemeanor.
SECTION 23. Shooting Fire Crackers, Etc., Prohibited. -- No person shall, within the corporate limits of this city, shoot, explode or cause to be exploded any firecrackers, or fire works in any of their various forms, upon any street, alley, highway or public grounds within this city, nor shall any person within this city, discharge or fire off any gun, pistol or other firearms, nor shall rock, pebble, arrow or other hard substance by means of a sling, crossbow, India rubber shooter or bow, or by other means, nor discharge any air gun, target gun or spring gun of any kind. Nothing in this section shall be construed as applying to officers in the discharge of their duties, licensed shooting galleries, or military funerals. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor.
SECTION 24. Keeping Fireworks Prohibited. -- No person shall, within the corporate limits of this city, keep any rockets, fireworks or firecrackers. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and fined not exceeding fifty dollars.
SECTION 25. Baseball on Sunday, Prohibited. -- Whoever shall, in the city of Browning, play at cards, baseball, or games of any kind, on the first day of the week, commonly called Sunday, shall be deemed guilty of a misdemeanor and fined not exceeding fifty dollars.
SECTION 26. Sabbath Breaking. -- Every person in this city, who shall either labor himself or permit or compel his apprentice or servant, or any other person under his charge or control, to labor or perform any work other than the household office of daily necessity, or of charity or of mercy, or shall be guilty of shooting on the first day of the week, commonly called Sunday, shall be deemed guilty of a misdemeanor and fined not to exceed fifty dollars; provided this section shall not apply to any person exempt from its operation, by Section 2241 R. S. Mo. 1899.
SECTION 27. Selling Goods on Sunday, Prohibited. -- Any person who shall expose to sale any goods, wares or merchandise, or shall sell any goods, wares or merchandise, on the first day of the week commonly called Sunday, shall be deemed guilty of a misdemeanor, and fined not more than fifty dollars. This section shall not be construed to prevent the sale of any drugs or medicine, provisions or articles of immediate necessity.
SECTION 28. Disorderly House or Place of Business. -- Any person or persons keeping, permitting or maintaining a disorderly house or place of business by suffering or permitting to congregate in or about such house or place of business, idle, vicious, drunken or quarrelsome persons, making loud noises and disturbing the peace of the neighborhood shall be guilty of a misdemeanor.
SECTION 29. Carrying Concealed Weapons. -- If any person shall, within this city, carry concealed upon or about his person any deadly or dangerous weapon, or shall go into any church or place where people have assembled for religious worship, or into any school room or place where people are assembled for educational, literary or social purposes, or to any election precinct on any election day, or into any court room during the sitting of court, or into any public assembly of persons met for any lawful purpose other than military drill, or meeting called under the militia law of this state, having upon or about his person any kind of firearms, bowie knife, dirk, dagger, sling shot or deadly weapon, or shall in the presence of one or more persons exhibit any such weapon, in a rude or threatening manner, or shall have or carry such weapon upon or about his person when intoxicated or under the influence of intoxicating drinks, or shall directly or indirectly, sell or deliver, loan or barter, to any minor any such weapon, without the consent of the parent or guardian of such minor, he shall be deemed guilty of a misdemeanor.
SECTION 30. Above Section Not to Apply to Certain Officers. -- The next preceding section shall not apply to police officers, nor to any officer or person whose duty it is to execute process or warrants, or to suppress breaches of the peace, or make arrests, nor persons noving or traveling peaceable through this state, and it shall be a good defense to the charge of carrying such weapon, if the defendant shall show that he has been threatened with great bodily harm, or had good reason to carry the same in the necessary defense of his person, home or property.
SECTION 31. Escaping from Custody. -- Any person who shall escape or attempt to escape from the custody of an officer of this city, or while confined in the city calaboose, or any person who shall assist or attempt to assist in any manner any such prisoner to escape from the custody of such officer or from the same calaboose shall be deemed guilty of a misdemeanor.
SECTION 32. Horse Racing on Sunday. -- Every person who shall engage in horse racing, cock fighting or playing at games of chance of any kind on the first day of the week commonly called Sunday, shall be deemed guilty of a misdemeanor and upon conviction fined not to exceed fifty dollars.
SECTION 33. Sale of Spoilt Meat. -- Any persn who shall, in this city, sell or expose for sale, or offer for sale at any place, the flesh of any dead animal which was sick or overheated or run down by dogs or otherwise, at or immediately before the same was butchered or slain, or which died a natural death, or was killed by accident or otherwise than in the usual and ordinary method of slaying animals for food, or shall sell or offer for sale any blown, tainted, decayed or unsound meat, flesh, vegetables, poultry, fish or other unwholesome articles of food, shall be deemed guilty of a misdemeanor.
SECTION 34. Gambling and Bawdy Houses. -- Every person who shall, within the corporate limits of this city, set up or keep a common gambling or bawdy house, or brothel or house of ill fame or assignation shall on conviction be adjudged guilty of a misdemeanor.
SECTION 35. Betting on Games. -- Every person who shall within this city, bet any money or property upon any gaming table, bank or device, or shall bet upon any game played at or by means of any such table or gambling device, or shall loan or furnish any property to any other person to be used as aforesaid and the same shall be used, or who shall in any manner be interested in such betting or playing at such device shall be deemed guilty of a misdemeanor.
SECTION 36. Obstructing Street. -- No person shall obstruct any street or alley in this city by construction upon or across said street or alley any fence or other obstruction, nor shall any locomotive engineer or fireman or any railroad conductor or other person having charge or being in control of any locomotive engine, car or train of cars, permit or suffer such engine, car or train of cars to stand across any street in this city so as to obstruct the free use thereof, by either teams or footmen, where any road way or foot way crosses any such street, for more then five minutes at any one time. Any person, co-partnership of persons, or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor.
SECTION 37. Throwing Dice and Betting Thereon Prohibited. -- If any person shall play at any game whatsoever, for money, property or gain, with cards, dice or other device which may be adapted to or used in playing any game of chance or which chance is a material element or shall be or wager upon the hands of cards, or sides of such as do play as aforesaid, every such person shall be deemed guilty of a misdemeanor.
SECTION 38. Owner Permitting Gambling Device on Premises, Prohibited. -- Every person who shall permit any gambling table, bank or device to be set up or used for the purpose of gaming in any house, building, shed, booth, shelter, lot or premises to him belonging or by him occupied, or which he shall at the time have in his or her possession or control, shall be deemed guilty of a misdemeanor.
SECTION 39. Licentious Conduct Forbidden. -- No prostitute, courtesan, or lewd woman shall, within the limits of this city, by word, sign or action, ply her vocation on the street, alley or avenue of this city, or any other public place, or at any door or open window of the house she may occupy, and any prostitute, courtesan or lewd woman who shall violate the provisions of this section shall be deemed guilty of a misdemeanor.
SECTION 40. Renting Room for Fornication, Forbidden. -- Any person male or female, who shall rent, keep, occupy or have in his or her possession or under his or her control or management, any room or rooms to which men may resort for the purpose of prostitution or fornication with a female, shall be deemed guilty of misdemeanor.
SECTION 41. Domestic Animals Running at Large, Prohibited. -- Any person who shall knowingly and wilfully, permit any domestic animal of the species of horse, mule, ass, cattle or swine of which he is the owner, to run at large within the corporate limits of the city of Browning, outside the inclosure of such owner, shall be deemed guilty of a misdemeanor.
SECTION 42. The Word Misdemeanor Defined. --The word misdemeanor whenever it occurs in this or any other ordinance of the City of Browning shall be construed to mean any violation of this or any other ordinance or a failure, neglect or refusal to comply with the provisions of this or any other ordinance of the city of Browning.
SECTION 43. Misdemeanor Punishment. -- Every person who shall be convicted of any misdemeanor under the provisions of this ordinance shall, when no other or different punishment is prescribed for the offense, be punished by a fine not to exceed one hundred dollars.
SECTION 44. Resisting the Marshal. -- Any person who shall resist the City Marshal of this city, or his deputy or assistants, in making any arrest, or holding in custody any person; or who shall interfere to prevent any officer of this city, or his deputy or assistant, in enforcing any ordinance of the city, or doing any duty required of such officer, deputy or assistant, by law or ordinance, shall, upon conviction thereof be deemed guilty of a misdemeanor.
SECTION 45. Persons to Aid Marshal When Called Upon. -- Whenever the Mayor or Marshal of this city shall call upon any person to assist in enforcing the law or ordinance of the city, or require any person to aid or assist in making arrests therein and such persons fail or refuse to so aid or assist, he shall, on convicion, be adjudged guilty of a misdemeanor.
SECTION 46. Sale of Intoxicating Liquors Prohibited. -- It shall not be lawful for any person within the corporate limits of the city of Browning, to directly or indirectly sell, give away or barter in any manner whatever, any kind of intoxicating liquors or beverage containing alcolol, in any quantity whatever; providing nothing in this section shall be constured so as to prevent the sale of wine for sacremental purposes, nor shall anything herein contained prevent licensed druggists or pharmacists from furnishing pure alcolol for medicinal, art, scientific and mechanical purposes, or intoxicating liquors when sold on the prescription of a regularly registered and practicing physician, when such physician shall state in such prescription the name of the person for whom the same is prescribed, and that such intoxicating liquor is prescribed as a necessary remedy. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and fined not less than three hundred nor more than one thousand dollars.
SECTION 47. This ordinance shall take effect and be in force from and after its passage and approval.
Passed and approved this 3rd day of March, 1908.
F. G. Peters, President of Board of Aldermen of Browning, Mo., and Acting Mayor.
Attest:
W. F. Peters, City Clerk