HomeMy WebLinkAbout1079 Amend 210.030 Harassment �' ,' ..�".��,. . � . . ... _ . . . . . ,..y.-.."� .. .�.'
BILL NO. 2011-027 ORDINANCE NO. �� 79
AN ORDINANCE AMENDING CITY CODE SECTION 210.030 RELATING TO HARASSMENT
WHEREAS, Section 210.030 of the City Code of the City of Riverside, Missouri does not
currently provide for protection against harassment through electronic communications; and
WHEREAS, State law has been amended to provide that the offense of harassment
includes actions taken to frighten, intimidate or cause emotional distress to another person by
telephone, written and electronic communications (See Section 565.090 RSMo.); and
WHEREAS, the Board of Aldermen finds it is in the best interests of the City to amend
the City Code to conform to the harassment laws of the State of Missouri as set forth herein;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1— AMENDMENT OF SECTION 210.030 OF THE CITY CODE. Title II,
Chapter 210, Section 210.030 of the Riverside City Code is hereby amended by deleting it in its
entirety and enacting in lieu thereof the following Section:
Section 210.030 - HARASSMENT:
A person commits the offense of harassment if he or she:
1. Knowingly communicates a threat to commit any felony to another person and in so
doing frightens, intimidates, or causes emotional distress to such other person; or
2. When communicating with another person, knowingly uses coarse language
offensive to one of average sensibility and thereby puts such person in reasonable
apprehension of offensive physical contact or harm; or
3. Knowingly frightens, intimidates, or causes emotional distress to another person by
anonymously making a telephone call or any electronic communication; or
4. Knowingly communicates with another person who is, or who purports to be,
seventeen years of age or younger and in so doing and with�ut good cause
recklessly frightens, intimidates, or causes emotional distress to such other person;
or
5. Knowingly makes repeated unwanted communication to another person; or
6. Without good cause engages in any other act with the purpose to frighten, intimidate,
or cause emotional distress to another person, cause such person to be frightened,
intimidated, or emotionally distressed, and such person's response to the act is one
of a person of average sensibilities considering the age of such person.
SECTION 2— PENALTY FOR VIOLATION. The offense of harassment shall be
punishable by imposition of a fine not to exceed five hundred dollars ($500.00), or by
imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment.
SECTION 3— REPEAL OF ORDINANCES IN CONFLICT. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed.
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SECTION 4— SEVERABILITY CLAUSE. The provisions of this ordinance are severable I
and if any provision hereof is declared invalid, unconstitutional or unenforceable, such
determination shall not affect the validity of the remainder of this ordinance.
SECTION 5— EFFECTIVE DATE. This ordinance shall be in full force and effect from I,
and after the date of its passage and approval. '
BE IT REMEMBERED that the above was read two times by heading only, passed and I I
approved by a majority of the 8oard of AI ermen and approved by the Mayor of the City of
Riverside, Missouri, this � day of 6 y , 2011.
C2� -�'� � Q��
� Kathleen L. Rose, Mayor I
ATTEST: I
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Robin Littrell, City Clerk
APPROV D AS TO FORM:
y Th pson, City Attorney
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CITY OF
- RIVERSI.��
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Upstream from ordinary.
2950 NW Vivion Road
Riverside, Missouri 64150
MEMO DATE: August I I, 201 I
AGENDA DATE: August 16, 201 I
TO: Mayor and Board of Aldermen
FROM: Nancy Thompson, City Attorney
RE: City Code Amendment - Harassment
BACKGROUND: In reviewing the City Code provisions in connection with the bicycle and
pedestrian assault provisions, it was discovered the code was outdated as it
relates to the definition of harassment used for enforcement purposes in today's
technological age. There are two areas in which the law has changed in recent
years: electronic communications and reckless communication with a person
under the age of 17.
Historically, harassment has been limited to written or telephone
communications intending to frighten or disturb another person. The advent of
electronic communication through text messaging, Twitter, Facebook, email, etc.
has resulted in a need to expand the forms of communication that may give rise
to a harassment claim.
In addition, state law makes it an offense to intimidate or recklessly cause
emotional distress to a person under the age of 17 through any form of
communication. This subsection would cover unintentional results of bullying or
posting of false information by an actor without having to prove that the person
acted in a manner intending to frighten the other person.
For consistency of enforcement among law enforcement agencies, it is
recommended to amend the city code to conform to the provisions of state law
in this area. The Bill presented to the Board of Aldermen for consideration
mirrors Section 565.090 and provides the maximum penalty available under state
law for violation of a municipal ordinance.
Do not hesitate to contact me if you have any questions or would like any
additional information in advance of the meeting.