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City of Rock Port, MO
Atchison County
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Table of Contents
Table of Contents
[Ord. No. 754 §25.030, 11-17-1987]
A. 
A person commits the crime of assault if:
1. 
He or she attempts to cause or recklessly causes physical injury to another person; or
2. 
With criminal negligence he or she causes physical injury to another person by means of a deadly weapon; or
3. 
He or she purposely places another person in apprehension of immediate physical injury; or
4. 
He or she recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; or
5. 
He or she knowingly causes physical contact with another person knowing the other person will regard the contract as offensive or provocative.
B. 
Assault is a Class A misdemeanor unless committed under Subdivision 3 or 5 of Subsection A, in which case it is a Class C misdemeanor.
[Ord. No. 754 §25.040, 11-17-1987]
A. 
A person commits the crime of harassment if for the purpose of frightening or disturbing another person, he or she:
1. 
Communicates in writing or by telephone a threat to commit any felony; or
2. 
Makes a telephone call or communicates in writing and uses coarse language offensive to one of average sensibility; or
3. 
Makes a telephone call anonymously; or
4. 
Makes repeated telephone calls.
B. 
Harassment is a Class A misdemeanor.
[Ord. No. 754 §25.050, 11-17-1987]
A. 
A person commits the crime of interference with custody, knowing that he or she has no legal right to do so, he or she takes or entices from lawful custody any person entrusted by order of a Court or the custody of another person or institution.
B. 
Interference with custody is a Class A misdemeanor.
[Ord. No. 754 §25.060, 11-17-1987]
A. 
A person commits the crime of indecent exposure if he knowingly exposes his genitals under circumstances in which he knows that his conduct is likely to cause affront or alarm.
B. 
Indecent exposure is a Class A misdemeanor.
[Ord. No. 754 §25.070, 11-17-1987]
A. 
A person commits the crime of property damage, if:
1. 
He or she knowingly damages property of another.
2. 
Property damage is a Class B misdemeanor.
[Ord. No. 754 §25.080, 11-17-1987]
A. 
A person commits the crime of trespass in the first degree if he or 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 crime of trespass in the first degree 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:
1. 
Actual communication to the actor; or
2. 
Posting in a manner reasonably likely to come to the attention of intruders.
C. 
Trespass in the first degree is a Class B misdemeanor.
[Ord. No. 754 §25.090, 11-17-1987]
A. 
A person commits the offense of trespass in the second degree if he or she enters unlawfully upon real property of another. This is an offense of absolute liability.
B. 
Trespass in the second degree is an infraction.
[Ord. No. 754 §25.100, 11-17-1987]
A. 
A person commits the crime of stealing if he or she 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.
B. 
Stealing is a Class A misdemeanor.
[Ord. No. 1155 §1, 2-18-2015]
A. 
A person commits the offense of tampering if he or 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, water, telephone, cable, Internet or telecommunication utility, the effect of which tampering is either:
a. 
To prevent the proper measuring of electric, gas, water, telephone, cable, Internet or telecommunication service; or
b. 
To permit the diversion of any electric, gas, water, telephone, cable, Internet or telecommunication service.
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, water, telephone, cable, Internet or telecommunication service, with one (1) or more of the effects described in Subsection (A)(4) shall be sufficient to support an inference and one (1) 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, water, telephone, cable, Internet or telecommunication service.
C. 
Tampering is a Class A misdemeanor.
[Ord. No. 754 §25.110, 11-17-1987]
A. 
A person commits the crime of possession of child pornography if, knowingly its contents and character, he or she:
1. 
Sells, delivers or otherwise makes available, or offers or agrees to sell, deliver, exhibit, or otherwise make available any child pornography; or
2. 
Buys, procures or possesses child pornography.
B. 
Child pornography means any material or performance depicting sexual conduct, sexual contact, or sexual performances, which has as one of its participants or portrayed, actually observes a child under the age of seventeen years.
C. 
Promoting or possession of child pornography is a Class A misdemeanor.
[Ord. No. 754 §25.120, 11-17-1987]
A. 
A person commits the crime of possession of marijuana if, knowing its contents he or she:
1. 
Possesses marijuana, commonly known as the plant genus cannabis as defined in Chapter 195, RSMo.; or
2. 
Possesses the controlled substance known and described as hashish.
B. 
Possession of marijuana or hashish is a Class A misdemeanor.
[Ord. No. 873 §240.105, 9-23-1997]
A. 
It is unlawful for any person to use, or to possess with the intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or an imitation controlled substance as defined by Sections 195.005 to 195.425, RSMo.
B. 
A person who violates this Section is guilty of a Class A misdemeanor.
[Ord. No. 754 §25.130, 11-17-1987]
A. 
A person commits the crime of possession of intoxicating liquor by minor if, knowing its contents he or she,
1. 
Purchases intoxicating liquor; or
2. 
Attempts to purchase liquor; or
3. 
Has in his or her possession,
4. 
Is under the age of twenty-one (21) years,
5. 
Any intoxicating liquor as defined in Section 311.020 of the RSMo.
B. 
Possession of intoxicating liquors by minor is a Class C misdemeanor.
[Ord. No. 754 §25.140, 11-17-1987]
A. 
A person commits the crime of delivery of intoxicating liquor to minor if, knowing its contents he or she:
1. 
Sells or delivers intoxicating liquor,
2. 
To a person under the age of twenty-one (21) years,
3. 
Any intoxicating liquor as defined in Section 311.020 RSMo.
B. 
Sale or delivery of intoxicating liquor to minor is a Class B misdemeanor.
[Ord. No. 966 §1, 11-8-2005]
A. 
No person shall engage in violent, offensive or disorderly conduct naturally calculated to annoy or disturb others.
B. 
No person shall use in reference to and in the presence of any other person abusive, offensive, indecent or profane language intended to or naturally calculated to provoke a breach of the peace.
[Ord. No. 754 §25.150, 11-17-1987]
A. 
A person commits the crime of peace disturbance if:
1. 
He or she unreasonably and knowingly disturbs or alarms another person or person by:
a. 
Loud noise; or
b. 
Offensive and indecent language which is likely to produce an immediate violent response from a reasonable recipient; or
c. 
Threatening to commit a crime against any person; or
d. 
Fighting; or
e. 
Creating a noxious and offensive odor.
2. 
He or she 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.
B. 
Peace disturbance is a Class B misdemeanor.
[Ord. No. 754 §25.160, 11-17-1987]
A. 
A person commits the crime of private peace disturbance if he or she is on private property and unreasonably and purposely causes alarm to another person or persons on the same premises by:
1. 
Threatening to commit a crime against any person; or
2. 
Fighting.
B. 
Private peace disturbance is a Class C misdemeanor.
[Ord. No. 754 §25.170, 11-17-1987]
For the purposes of Sections 240.130 and 240.140 these words shall have the following meanings:
PROPERTY OF ANOTHER
Means any property in which the actor does not have a possessory interest.
PRIVATE PROPERTY
Means any place which at the time is not open to public. It includes property which is owned publicly or privately.
PUBLIC PLACE
Means any place which at the time is open to the public. It includes property which is owned publicly or privately. If a building or structure is divided into separately occupied units, such units are separate premises.
[Ord. No. 754 §25.180, 11-17-1987]
A. 
A person commits the crime of negligent burning or exploding when he or she with criminal negligence causes damage to property of another by fire or explosion.
B. 
Negligent burning or exploding is a Class B misdemeanor.
[Ord. No. 762 §25.190, 5-17-1987]
A. 
A person commits the crime of resisting or interfering with arrest if, knowing that a Law Enforcement Officer is making an arrest, for the purpose of preventing the Officer from effecting the arrest, he:
1. 
Resists the arrest of himself by using or threatening the use of violence or physical force or by fleeing from such Officer; or
2. 
Interferes with the arrest of another person by using or threatening the use of violence, physical force or physical interference.
B. 
This Section applies to arrests with or without warrants and to arrests for any crime or ordinance violation.
C. 
It is no defense to a prosecution under Subsection A of this Section that the Law Enforcement Officer was acting unlawfully in making the arrest.
D. 
Resisting or interfering with arrest is a Class A misdemeanor.
[Ord. No. 941 §§1 — 2, 5-14-2004]
A. 
Whenever in this Code or in any ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense, or whenever in this Code or such ordinance the doing of any act is required or the failure to do any act is declared to be unlawful unless a specific penalty is prescribed in this Code or ordinance, the violation of any such provision by any person shall, upon conviction, be punished as follows:
1. 
For a Class A misdemeanor, the maximum punishment shall be a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed ninety (90) days in jail, or both such fine and imprisonment.
2. 
For a Class B misdemeanor, the maximum punishment shall be a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed ninety (90) days in jail, or both such fine and imprisonment.
3. 
For a Class C misdemeanor, the maximum punishment shall be a fine not to exceed three hundred dollars ($300.00) or imprisonment not to exceed fifteen (15) days in jail, or both such fine and imprisonment.
4. 
For the conviction of any other act or provision of this Code which is not classified as set forth above, the maximum punishment shall be a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed ninety (90) days in jail, or both such fine and imprisonment.
[1]
Editor's Note — Ord. no. 941 §§1 — 2, adopted May 14, 2004, repealed §240.180 "sentences of imprisonment, terms" and §240.190 "fines for misdemeanors and infractions" and enacted new provisions set out herein. Former §§240.180 — 240.190 derived from ord. no. 754 §§25.010 — 25.020, 11-17-1987. Section 240.180 was replaced with the material set out herein and section 240.190 has been left reserved for the city's future use.