Crestwood city code

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I've got a few questions about Crestwood city ordinances. Seems they are originals. (Not copied from another municipality like many area ordinances.)

I see nothing specificlly mentioning OC, which would make it legal. However, several other vaguaries have attracted my attention:

Sec. 16-11 Disturbing the peace

No person shall willfully disturb the peace of any......blah, blah, blah...and so on....etcetera.....or disturbing the quiet enjoyment of such premises by other persons through boisterous, rowdy, or willfully careless conduct.

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Who gets to determine what "willfully careless conduct" means? I would argue that responsibly carrying a firearm is not, but I'm guessing an officer could choose to define OC as "willfully careless conduct". I don't think it would stand up to a jury, as the officer would then have to prove why HIS OC'ing is not "willfully careless conduct". Any guesses on whether or not this will keep him from arresting you for it in the first place?

Sec. 16-14 Breach of Peace

No person shall disturb the peace of others by violent, tumultuous, offensive conduct or carriage, or by loud......blah, blah, blah etc.....No persn shall permit any such conduct in or upon any house or premises owned or posessed by him or under his control so that others in the vicinity are disturbed thereby.

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(Evidently "disturbing" the peace and "breaching" the peace are considered two different things in Crestwood)

Apparently, conduct or "carriage" (which I interpret as the manner in which you carry yourself.....namely: armed) is against the law "if others in the area are disturbed thereby".

Doesn't this mean that if I encounter a person wearing a blue corduroy jacket, I may simply call the police and have him charged with violating Section 16-14 of Crestwood municipal code? After all, I am deeply and most irreparably disturbed by folks who wear corduroy jackets. Especially blue ones.

Most likely, I'll not encounter one of those evil corduroy jacket wearers, but I'm almost certain people will encounter me. Since it seems that it is acceptable in Crestwood code for me to call the police on corduroy wearers in my area if I find them disturbing....wouldn't it also be acceptable for folks to call the police onme if "others in the area are disturbed thereby"?

imported post

Well with breach of the piece. As you will see in the code it lists the powers to write codes for breach of piece under RSMo 79.450 which says.

#7 The board of aldermen may enact or make all ordinances, rules and regulations, not inconsistent with the laws of the state, expedient for maintaining the peace, good government and welfare of the city and its trade and commerce.

Which plainly says to me the laws must be consistent with state law. and the Crestwood even references state law (RSMo 574.010) in the ordinance. And it says.

Peace disturbance--penalty.

574.010. 1. A person commits the crime of peace disturbance if:
(1) He unreasonably and knowingly disturbs or alarms another person or persons by:
(a) Loud noise; or
(b) Offensive language addressed in a face-to-face manner to a specific individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient; or
(c) Threatening to commit a felonious act against any person under circumstances which are likely to cause a reasonable person to fear that such threat may be carried out; or
(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.
2. Peace disturbance is a class B misdemeanor upon the first conviction. Upon a second or subsequent conviction, peace disturbance is a class A misdemeanor. Upon a third or subsequent conviction, a person shall be sentenced to pay a fine of no less than one thousand dollars and no more than five thousand dollars.

I see no way that OC falls under this. If a LEO comes in threating to write a ticket on this if I do not go away. I will go, but I will guaranty he will have an Officer complaint letter for harassment in his file. If he pulls this with a large group he may just get a stack of them. and believe it or not. Those complaints mean something to his career.

Doc