ORDINANCE NO. 518
AN ORDINANCE OF THE CITY OF LAGRANGE, MISSOURI, ESTABLISHING HARASSMENT AND CYBER-HARASSMENT AS A PUNISHABLE OFFENSE.
WHEREAS, harassing behaviors toward individuals can be a source of considerable annoyance, Stress and anxiety, if left unchecked, including harassment by means of the use of the internet or other electronic communications; and
WHEREAS, in order to enhance the public safety, peace, morals and welfare of the residents of the City of LaGrange, it is found desirable for the City to enact and create an ordinance prohibiting harassment or harassing behavior.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAGRANGE, MISSOURI, as follows:
SECTION 240.025; HARASSMENT AND CYBER-HARASSMENT
A person commits the crime of harassment, if for the purpose of frightening or disturbing another person, he/she
1 . Communicates in writing, by telephone or by any telecommunication means a threat to commit any felony as defined by state or federal lawn; or
2. Makes a telephone call, communicates in writing or by any telecommunication means, and uses coarse language offensive to one of average sensibility, or
3. Makes a telephone call or communicates through the internet or any other telecommunication medium using a false identification or anonymously; or
4. Makes repeated telephone calls.
B. A person commits the crime of cyber-harassment, if for the purpose of harassing, alarming, annoying, abusing, threatening, intimidating, tormenting or embarrassing any other person, and under circumstances not constituting harassment as described in paragraph A of this Section, he/she transmits or causes the transmission of an electronic communication, or knowingly permits an electronic communication to be transmitted from an electronic communication device under the person's control, to another person:
1. Using lewd, lascivious, indecent or obscene words, images or language, or suggesting the commission of any lewd, lascivious, indecent or obscene act; or
2. Anonymously or repeatedly', or
3. Threatening to indict injury on the person or the property of the person communicated with or any member of his or her family or household.
C. Any offense committed under this Section may be deemed to have been committed either at the place from which the communication was made or created, or at the place where the communication was received.
D. For the purposes of this Section, ||electronic communication'' shall mean the origination, emission, dissemination, transmission or reception of data, images, signals, sounds or other intelligence or equivalence of intelligence of any nature over any communications system by any method, including but not limited to, fiber optic, electronic, magnetic, optical, digital or analog method. By way of example, electronic communication'' includes but is not limited to: electronic email, internet based communications, pager service and electronic text massaging.
E. Any person found guilt of violating any of the provisions of this section, shall, upon conviction thereof, be fined in an amount not exceeding one thousand dollars ($l,000.00).
SEVERABILITY: The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts.
ORDINANCES IN CONFLICT: Al1 Ordinances or parts thereof in convict with or inconsistent with the terms of this Ordinance are hereby repealed.
FULL FORCE AND EFFECT: This Ordinance shall be in full force and effect from and after a copy of the proposed Ordinance has been made available to the general public by posting a copy thereof in the City Office, 118 S. Main Street, LaGrange, Missouri, after it has been read by title two (2) times before the City Council of the City of LaGrange, Missouri, and after it
has been approved by the Mayor of the City of LaGrange, Missouri.
Adopted this 25th day of
February, 2008
/s/ Mike Hudnut
Mayor/presiding Officer