As used in this Article, the following terms mean:
A person enters or remains in or upon premises when he or
she is not licensed or privileged to do so. A person who, regardless
of his or her purpose, enters or remains in or upon premises which
are at the time open to the public does so with license and privilege
unless he or she defies a lawful order not to enter or remain, personally
communicated to him or her by the owner of such premises or by other
authorized person. A license or privilege to enter or remain in a
building which is only partly open to the public is not a license
or privilege to enter or remain in that part of the building which
is not open to the public.
To interfere with something improperly, to meddle with it,
displace it, make unwarranted alterations in its existing condition,
or to deprive, temporarily, the owner or possessor of that thing.
An enterprise which provides gas, electric, steam, water,
sewage disposal, or communication, video, internet, or voice over
internet protocol services, and any common carrier. It may be either
publicly or privately owned or operated.
A.
A person commits the offense of tampering if he/she:
1.
Tampers with property of another for the purpose of causing
substantial inconvenience to that person or to another; or
2.
Unlawfully rides in or upon another's automobile, airplane,
motorcycle, motorboat or other motor-propelled vehicle; or
3.
Tampers or makes connection with property of a utility; or
4.
Tampers with, or causes to be tampered with, any meter or other
property of an electric, gas, steam or water utility, the effect of
which tampering is either:
B.
In any prosecution under Subsection (A)(4), proof that a meter or any other property of a utility has been tampered with, and the person or persons accused received the use or direct benefit of the electric, gas, steam or water service with one (1) or more of the effects described in Subsection (A)(4), shall be sufficient to support an inference which the trial court may submit to the trier of fact from which the trier of fact may conclude that there has been a violation of such Subsection by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[R.O. 2007 §22-20; Rev. Ords. 1951 §§22.570,
22.730, 22.990, 22.1020, 22.1030, 22.1260 — 22.1310, 22.1620,
22.1630; Ord. No. 1949, 1-18-1960]
A person commits the offense of vandalism if he/she willfully,
negligently or intentionally defaces, mars, discolors or damages property
of another, be it public or private, real or personal.
[1]
State Law Reference — Malicious mischief, §§560.385
et seq., RSMo.
A.
A person does not commit an offense by damaging, tampering with,
operating, riding in or upon or making connection with property of
another if he/she does so under a claim of right and has reasonable
grounds to believe he/she has such a right.
B.
The defendant shall have the burden of injecting the issue of claim
of right.
C.
No person who, as a tenant, willfully or wantonly destroys, defaces,
damages, impairs or removes any part of a leased structure or dwelling
unit, or the facilities, equipment or appurtenances thereof, may inject
the issue of claim of right.
A.
A person commits the offense of trespass in the first degree if he/she
knowingly enters unlawfully or knowingly remains unlawfully in a building
or inhabitable structure or upon real property.
B.
A person does not commit the offense of trespass by entering or remaining
upon real property unless the real property is fenced or otherwise
enclosed in a manner designed to exclude intruders or as to which
notice against trespass is given by:
A.
A
person commits the offense of trespass of a school bus if he or she
knowingly and unlawfully enters any part of or unlawfully operates
any school bus.
B.
For
the purposes of this Section, the terms "unlawfully enters" and "unlawfully
operates" refer to any entry or operation of a school bus which is
not:
A person commits the offense of reckless burning or exploding
if he/she recklessly starts a fire or causes an explosion and thereby
damages or destroys the property of another.
A.
A
person commits the offense of negligent burning or exploding if he/she
with criminal negligence causes damage to property or to the woodlands,
cropland, grassland, prairie, or marsh of another by:
A.
A person commits the offense of stealing if he or she:
1.
Appropriates property or services of another with the purpose
to deprive him or her thereof, either without his or her consent or
by means of deceit or coercion;
2.
Attempts to appropriate anhydrous ammonia or liquid nitrogen
of another with the purpose to deprive him or her thereof, either
without his or her consent or by means of deceit or coercion; or
3.
For the purpose of depriving the owner of a lawful interest
therein, receives, retains or disposes of property of another knowing
that it has been stolen, or believing that it has been stolen.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
No person shall drive a motor vehicle so as to cause it to leave
the premises of an establishment at which motor fuel offered for retail
sale was dispensed into the fuel tank of such motor vehicle unless
payment or authorized charge for motor fuel dispensed has been made.
B.
A person found guilty or pleading guilty to stealing pursuant to Section 210.1110 for the theft of motor fuel as described in Subsection (A) shall have his/her driver's license suspended by the court beginning on the date of the court's order of conviction. The person shall submit all of his/her operator's and chauffeur's licenses to the court upon conviction and the court shall forward all such driver's licenses and the order of suspension of driving privileges to the Department of Revenue for administration of such order.
[1]
Editor's Note: This Section previously pertained to receiving
stolen property. However, the authorizing statute, former RSMo. §570.080,
was repealed without replacement by SB 491 in the 2014 Legislative
Session, effective 1-1-2017.
A.
A person commits the offense of fraudulent use of a credit device
or debit device if he or she uses a credit device or debit device
for the purpose of obtaining services or property, knowing that:
B.
A
person commits the offense of fraudulent use of a credit device or
debit device if he or she uses a credit device or debit device for
the purpose of paying property taxes and knowingly cancels such charges
or payment without just cause. It shall be prima facie evidence of
a violation of this Section if a person cancels such charges or payment
after obtaining a property tax receipt to obtain license tags from
the Missouri Department of Revenue.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A
person commits the offense of deceptive business practice if in the
course of engaging in a business, occupation or profession, he or
she recklessly:
1.
Uses or possesses for use a false weight or measure, or any other
device for falsely determining or recording any quality or quantity;
2.
Sells, offers, displays for sale, or delivers less than the represented
quantity of any commodity or service;
3.
Takes or attempts to take more than the represented quantity of any
commodity or service when as buyer he or she furnishes the weight
or measure;
4.
Sells, offers, or exposes for sale adulterated or mislabeled commodities;
5.
Makes a false or misleading written statement for the purpose of
obtaining property or credit;
6.
Promotes the sale of property or services by a false or misleading
statement in any advertisement; or
7.
Advertises in any manner the sale of property or services with the
purpose not to sell or provide the property or services:
A.
A person commits the offense of alteration or removal of item numbers
if he/she with the purpose of depriving the owner of a lawful interest
therein:
1.
Destroys, removes, covers, conceals, alters, defaces or causes
to be destroyed, removed, covered, concealed, altered or defaced the
manufacturer's original serial number or other distinguishing owner-applied
number or mark on any item which bears a serial number attached by
the manufacturer or distinguishing number or mark applied by the owner
of the item for any reason whatsoever;
2.
Sells, offers for sale, pawns or uses as security for a loan
any item on which the manufacturer's original serial number or other
distinguishing owner-applied number or mark has been destroyed, removed,
covered, concealed, altered or defaced; or
3.
Buys, receives as security for a loan or in pawn, or in any
manner receives or has in his/her possession any item on which the
manufacturer's original serial number or other distinguishing owner-applied
number or mark has been destroyed, removed, covered, concealed, altered
or defaced.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
Every purchaser or collector of, or dealer in, junk, scrap metal
or any secondhand property shall keep a register containing a written
or electronic record for each purchase or trade in which each type
of metal subject to the provisions of this Section is obtained for
value. There shall be a separate record for each transaction involving
any:
1.
Copper, brass or bronze;
2.
Aluminum wire, cable, pipe, tubing, bar, ingot, rod, fitting
or fastener;
3.
Material containing copper or aluminum that is knowingly used
for farming purposes as farming is defined in Section 350.010, RSMo.;
whatever may be the condition or length of such metal; or
4.
Catalytic converter.
B.
The record required by this Section shall contain the following data:
1.
A copy of the driver's license or photo identification issued
by the State or by the United States Government or agency thereof
to the person from whom the material is obtained;
2.
The current address, gender, birth date, and a photograph of the person from whom the material is obtained if not included or are different from the identification required in Subsection (B)(1) of this Subsection;
3.
The date, time and place of the transaction;
4.
The license plate number of the vehicle used by the seller during
the transaction;
5.
A full description of the metal, including the weight and purchase
price.
C.
The records required under this Section shall be maintained for a
minimum of twenty-four (24) months from when such material is obtained
and shall be available for inspection by any Law Enforcement Officer.
D.
Anyone convicted of violating this Section shall be guilty of an
ordinance violation.
E.
This Section shall not apply to any of the following transactions:
1.
Any transaction for which the total amount paid for all regulated
scrap metal purchased or sold does not exceed fifty dollars ($50.00),
unless the scrap metal is a catalytic converter;
2.
Any transaction for which the seller, including a farm or farmer,
has an existing business relationship with the scrap metal dealer
and is known to the scrap metal dealer making the purchase to be an
established business or political subdivision that operates a business
with a fixed location that can be reasonably expected to generate
regulated scrap metal and can be reasonably identified as such a business;
or
A.
No scrap metal dealer shall knowingly purchase or possess a metal
beer keg, whether damaged or undamaged, or any reasonably recognizable
part thereof, on any premises that the dealer uses to buy, sell, store,
shred, melt, cut or otherwise alter scrap metal except when the purchase
is from the brewer or its authorized representative. For purposes
of this Section, "keg" shall have the same meaning as in Section 311.082,
RSMo.
B.
Anyone who is found guilty of, or pleads guilty to, violating this
Section shall be guilty of an ordinance violation punishable only
by fine. Nothing in this Section shall be construed to preclude a
person violating this Section from also being prosecuted for any applicable
criminal offense.
A.
No scrap yard shall purchase any metal that can be identified as
belonging to a public or private cemetery, political subdivision,
telecommunications provider, cable provider, wireless service or other
communications-related provider, electrical cooperative, water utility,
municipal utility or utility regulated under Chapters 386 or 393,
RSMo., including bleachers, guardrails, signs, street and traffic
lights or signals, and manhole cover or covers, whether broken or
unbroken, from anyone other than the cemetery or monument owner, political
subdivision, telecommunications provider, cable provider, wireless
service or other communications-related provider, electrical cooperative,
water utility, municipal utility, utility regulated under Chapter
386 or 393, RSMo., or manufacturer of the metal or item described
in this Section unless such person is authorized in writing by the
cemetery or monument owner, political subdivision, telecommunications
provider, cable provider, wireless service or other communications-related
provider, electrical cooperative, water utility, municipal utility,
utility regulated under Chapter 386 or 393, RSMo., or manufacturer
to sell the metal.
B.
Anyone convicted of violating this Section shall be guilty of an
ordinance violation.
A.
Any scrap metal dealer paying out an amount that is five hundred
dollars ($500.00) or more shall make such payment by issuing a prenumbered
check drawn on a regular bank account in the name of the licensed
scrap metal dealer and with such check made payable to the person
documented as the seller in accordance with this Section, or by using
a system for automated cash or electronic payment distribution which
photographs or videotapes the payment recipient and identifies the
payment with a distinct transaction in the register maintained in
accordance with Chapter 407, RSMo.
B.
Any scrap metal dealer that purchases scrap metal from a seller and
pays in the form of cash is required to obtain a copy of the seller's
driver's license or non-driver's license if the metal is copper or
a catalytic converter. This Section shall not apply to any transaction
for which the seller has an existing business relationship with the
scrap metal dealer and is known to the scrap metal dealer making the
purchase to be an established business or political subdivision that
operates a business with a fixed location that can be reasonably expected
to generate regulated scrap metal and can be reasonably identified
as such a business.
[R.O. 2007 §§22-24 — 22-25; Rev. Ords. 1951
§22.980]
A.
Generally. Any person who shall, wantonly and mischievously,
in this City, throw by hand or by means of any device, any rock, stone,
brick, ball or other missile upon or against any building, fence or
in or upon any lot not his/her own or at or toward any person or the
property of another shall be deemed guilty of an ordinance violation.
B.
Throwing Missiles — At Vehicles. Every person who
shall willfully and maliciously throw any stone, stick or other thing
into or at any motorcar or other vehicle belonging to another shall
be deemed guilty of an ordinance violation.
A.
Any
person who does any of the following shall be deemed to have appropriated
said item with the intent to deprive the library of said item without
its consent and shall be guilty of the offense of stealing under Section
570.030, RSMo.:
1.
Knowingly removes any library material from the premises of a library
without authorization;
2.
Borrows or attempts to borrow any library material from a library
by the unauthorized use of a library card;
3.
Borrows library materials from any library pursuant to an agreement
or procedure established by the library which requires the return
of such library material and fails to return the library material
to the library; or
4.
Knowingly writes on, injures, defaces, tears, cuts, mutilates, or
destroys a book, document, or other library material belonging to,
on loan to, or otherwise in the custody of a library.
B.
It
shall be prima facie evidence of the person's purpose to deprive the
library of the library materials if, within ten (10) days after notice
in writing deposited as certified mail from the library demanding
the return of such library material, such person without good cause
shown fails to return the library material. A person is presumed to
have received the notice required by this Subsection if the library
mails such notice to the last address provided to the library by such
person. Payment to the library, in an amount equal to the cost of
replacement of an item of no historical significance, shall be considered
returning the item for purposes of this Subsection.
