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Home My WebLink About2001-009 - Amendments to Chapter 210 of the Municipal CodeBILL NO.~~G/-~' ORDINANCE NO. ~2G AN ORDINANCE AMENDING TITLE II OF THE MUNICIPAL CODE OF THE CITY OF RIVERSIDE, CHAPTER 210 RELATING TO OFFENSES CONCERNING MORALS AND SAFETY WHEREAS, the Missouri Legislature has adopted bills and signed such into laws which relate to the increased protection of children and the increased prevention of child pornography and related offenses. WHEREAS, the City Code provisions related to the protection of children through the prevention of child pornography and related offenses closely tracks the State of Missouri's statutes related to the same. WHEREAS, the Missouri Legislature has adopted a bill and signed such into law which relates to the expansion of the prohibition against unlawful carrying and use of weapons, and which specifically addresses the carrying or use of firearms into a school or school related property or function. WHEREAS, the City Code provisions related to the protection against and prohibition of unlawful use of weapons closely tracks the State of Missouri's statutes related to the same. WHEREAS, the City has the duty of protecting the public, health, safety and welfare, and desires to do so fairly and responsibly. WHEREAS, the City particularly desires to protect the health, safety and welfare of the children residing therein, as well as the safety and sanctity of its schools. NOW, THEREFORE, BE IT ORDAINED by the Board of Aldermen of Riverside, Missouri: Section 1. The Municipal Code of the City of Riverside, Chapter 210.440 is hereby amended and shall read as follows: SECTION 210.440: DEFINITIONS When used in this Article the following terms shall have the meanings set out herein CHILD: Any person under the age of 14. 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 a videotape production, or pictorial representation; or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or stored computer data, or anything which is or may be used as a means of communication. "Material" includes undeveloped photographs, molds, printing plates, stored computer data, and other latent representational objects. J .ACLIENTSG 1492V00002UC0179561. DOC 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, taken as a whole: 1. Applying contemporary community standards, its predominant appeal is to prurient interests in sex; and 2. The average person applying contemporary community standards, would find the material depicts or describes sexual conduct in a patently offensive way; and 3. A reasonable person would find the material lacks serious literary, artistic, political or scientific value. PERFORMANCE: Any play, motion picture film, videotape, dance of exhibition performed before an audience of one or more. PORNOGRAPHIC FOR MINORS: Any material or performance is pornographic for minors if the following apply: L 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, by airy means including a computer. SADOMASOCHISTIC A13USF.: 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 breasts 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 at of apparent sexual stimulation or gratification. SEXUAL EXCITEMENT: 'fhe condition of human male or female genitals when in a state of sexual stimulation or arousal. ~°.c~.ir.N~~s~~ i aez~oooozv<o i ~9s6 i .roc 2 Section 2. The Municipal Code of the City of Riverside, Chapter 2]0.450 is hereby amended and shall read as follows: SECTION 210.450: PROMOTING PORNOGRAPHY A person commits the offense of promoting pornography for minors or obscenity if, knowing its content or character, he/she: Promotes or possesses with the purpose to promote any obscene materials for pecuniary gain; or 2. Produces, presents, directs or participates in any obscene performance for pecuniary gain; or 3. Promotes or possesses with the purpose to promote any material pornographic for minors for pecuniary gain; or 4. Produces, presents, directs, or participates in any performance pornographic for minors for pecuniary gain; or 5. Promotes, possesses with the purpose to promote, produces, presents, directs or participates in any performance that is pornographic for minors via computer, electronic transfer, Internet or a computer network if the person made the matter available to a specific individual known by the defendant to be a minor. Note-Under certain circumstances this offense can be a felony under s/ate law. Section 3. The Municipal Code of the City of Riverside, Chapter 210.460 is hereby amended and shall read as follows: SECTION 210.460: FURNISHING PORNOGRAPHIC MATERTALS TO MINORS A person commits the offense of furnishing pornographic material to minors if, knowing its content and character, he/she 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. 2. Produces, presents, directs or participates in any performance pornographic for minors that 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. 3. Furnishes, produces, presents, directs, participates in any performance or otherwise makes available material that is pornographic for minors via computer, electronic transfer, Internet or a computer network if the person made the matter available to a specific individual known by the defendant to be a minor. Note-Under certain circumstances this offense can be a felony under state law. I:ACLlEN7~SV61492V00002\K01795G I .DOC J Section 4. The Municipal Code of the City of Riverside, Chapter 210.530 is hereby amended and shall read as follows: SECTION 210.530: WEAPONS-CARRYING CONCEALED-OTHER UNLAWFUL USE A. A person commits the offense of unlawful use of weapons if he/she knowingly: Carries concealed upon or about his/her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use. 2. Sets a spring gun 3. Discharges or shoots a firearm within the City Limits. 4. Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner. 5. Possesses or discharges a firearm or projectile weapon while intoxicated. 6. Discharges a firearm within l00 yards of an occupied schoolhouse, courthouse, or church building. 7. Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on an election day, or into any building owned or occupied by an agency of the federal governement, state government, or political subdivision thereof, or into any public assemblage of persons met for any lawful purpose. 8. Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board. B. Subparagraphs (1), (3), (6), (7) and (8) of Subsection (A) of this Section shall not apply to or affect any of the following: 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 crime; 3. Members of the Armed Forces or National Guard while performing their official duty; 1:,CLI F.N7~5VG 14J3V00003\K01795G L DOC 4 4. Those persons vested by Article V, Section 1 of the Constitution of Missouri with the judicial power of the State and those persons vested by Article III of the Constitution of the United States with the judicial power of the United States, the members of the Federal Judiciary; 5. Any person whose bona fide duty is to execute process, civil or criminal; 6. Any Federal Probation Officer; and 7. 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. C. Subparagraphs (1), (3), (4), (5), (7), and (8) of this Section do not apply when the actor is transporting such weapons in anon-functioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subparagraph (1) of Subsection A of this Section does not apply when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his/her dwelling unit or upon business premises over which the actor has possession or authority or control, or is traveling in a continuous journey peaceably through this City. Subparagraph (8) of Subsection A of this Section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of aschool-sanctioned firearm-related event. D. Nothing in this Section shall make it unlawful for a student to actually participate in school-sanctioned gun safety courses, student military or ROTC courses, or other school- sponsored firearm-related events, provided the student does not carry a firearm or other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises or any function or activity sponsored or sanctioned by school officials or the district school board. Section 5. The sections, paragraphs, clauses, and phrases of the Ordinance are severable and if any portion of the Ordinance is declared unlawful by the valid judgment, decree, or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance and all provisions of the Ordinance not specifically declared to be unlawful shall remain in full force and effect. Section 6. This ordinance shall take effect immediately. Adopted and passed this ~~~ ~ay of January, 2001. ,(~ ~~ 1..2E. 7 l~,zc ~ ~ l MAYOR OFT CITY OF RIVERSIDE J: ~,CLI GNTSV6149200002\K01795G LDOC A"1°1'ES;P: i i ~~ ,_ -!' Y CLERK 1:~C W HNTSV61492V00002\K0179561.DOC