Cape Girardeau ordinances cover everything from spitting to rabbits

Cape Girardeau's code of ordinances contains some strange and obscure laws, many of them dating back decades.

Some of these laws are seldom, if ever, enforced. But they still are on the books and not likely to be removed, city officials say.

Many city residents probably don't know whistling in the street could be a municipal crime, or that leaving more than an inch of snow on the sidewalk adjoining their property violates a city law.

Here's a look at six of these ordinances:

No spit

Cape Girardeau has a city law that prohibits spitting upon "any sidewalk, or upon the floor or any other part of any public building, hall, church, school, bus or other public vehicle."

But city attorney Eric Cunningham said it's not a crime that's regularly prosecuted. Cunningham said ordinances like these typically originate from some public concern. A number of cities have bans on spitting. Cunningham said these ordinances weren't drawn up because council members years ago wanted to enforce good manners; they were drawn up to protect the public from the spread of tuberculosis.

Fowl play

The city also has some restrictions on the use of live rabbits and fowl. Retail and wholesale businesses, carnival shows, "games of chance" and contests are barred from offering live rabbits or any live fowl as a prize, reward or promotional item.

Local historian Frank Nickell said carnivals once routinely offered these animals as prizes on the Midway.

"Baby rabbits are really cute. Carnivals always carried around a load of baby rabbits," he said.

Chickens also were a common item at carnivals and fairs, said Nickell, a former Southeast Missouri State University history professor who is assistant director of the Cape Girardeau research center of the State Historical Society of Missouri.

"Chickens were always an item of regular exchange," he said.

Doctor's orders

Cape Girardeau also has its share of liquor regulations, but one in particular stands out. It provides that druggist may sell and physicians may prescribe liquor.

City law allows druggists to use "intoxicating liquor" in compounding medicines or as a solvent or preservant. The law also stipulates a physician may prescribe "intoxicating liquor in accordance with his professional judgment for any patient at any time." A druggist may sell such liquor to any customer with a doctor's prescription.

Druggists may sell "intoxicating liquor in the original packages" as long as it is not drunk or the packages opened on their premises.

Nickell said Cape Girardeau's ordinance probably dates to the days of Prohibition in the 1920s and 1930s.

"It was a traditional way to bypass Prohibition laws," he noted.

Alcohol often was prescribed as a remedy for a cold or for gargling. Families too routinely concocted medicinal treatments that included whiskey.

Old ordinances often don't stand the test of time.

"They can be very funny," Nickell said.

At one time, Cape Girardeau had an ordinance that stated if someone wanted to drive an auto on a city street, he or she had to have a person walk in front of the vehicle and ring a bell to prevent the auto from frightening horses, Nickell said.

These days, vehicles don't need an introduction. Cunningham, the city attorney, said, "People don't ride horses around anymore."

But when it comes to noise, the city has a variety of restrictions.

This one's a hoot

Cape Girardeau prohibits yelling, shouting, hooting, whistling or singing on any public street daily between 11 p.m. and 6 a.m., or "at any time or place" if it disturbs the "quiet, comfort or repose" of anyone living or working nearby or anyone who is in the vicinity.

Judging from the wording, no exception is made for whistling a happy tune.

Technical foul

Night owls might want to take notice of another ordinance, which makes it unlawful to play basketball, hockey or engage in other "outdoor recreational activities" daily between 11 p.m. and 6 a.m. if it causes "a noise disturbance" across a residential property boundary 50 feet away.

Cunningham said this law typically comes into play during the summer when outdoor activities are common and neighbors are trying to sleep.

"Invariably, somebody had an issue," Cunningham said of the reason for such an ordinance.

Give 'em an inch

Winter activity is not exempt from regulation. Cape Girardeau makes it unlawful for a property owner to "allow snow to remain upon an adjoining sidewalk to a depth greater than one inch, 10 hours after the snow has fallen."

The city attorney said the snow-removal requirement is designed to deal with owners who don't maintain their properties. But Cunningham said police aren't checking how well snow is removed from sidewalks or to what depth.

Cunningham said he doesn't know why the city has a 10-hour rule on cleaning snow from sidewalks.

"I haven't any idea where that came from," he said.

Cape Girardeau's laws were last codified in 1967. Cunningham said many of the existing ordinances simply were reorganized at that time, but the laws themselves weren't changed.

Cunningham said the city's laws typically are copied after ordinances in effect in other municipalities.

Nickell, the historian, said "city councils are usually overwhelmed with paperwork." He said it is "just easier" to leave ordinances on the books rather than change or eliminate them.

mbliss@semissourian.com

(573) 388-3641

Pertinent address:

401 Independence, Cape Girardeau, Mo.