[Ord. No. 2382 § 2, 1-5-2017]
(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;
(2)
Unlawfully rides in or upon another's automobile, airplane,
motorcycle, motorboat or other motor-propelled vehicle;
(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 paragraph (4) of Subsection (a), 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 paragraph (4) of Subsection (a), 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 Subdivision by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.
(c)
"Tamper" shall mean to interfere with improperly, meddle with, displace,
make unwanted alterations, or deprive owner or possessor of something
temporarily.
[Ord. No. 2382 § 2, 1-5-2017]
(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:
(1)
The device is stolen, fictitious or forged;
(2)
The device has been revoked or canceled;
(3)
For any other reason his or her use of the device is unauthorized;
or
(4)
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
Subsection if a person cancels such charges or payment after obtaining
a property tax receipt to obtain license tags from the Missouri Department
of Revenue.
[Ord. No. 2382 § 2, 1-5-2017]
A person commits the offense of fraudulently stopping payment
of an instrument if her or she, with the purpose to defraud, stops
payment on a check, draft, or debit device used in payment for the
receipt of goods or services. It shall be prima facie evidence of
a violation of this Section if a person stops payment on a check,
draft or debit device and fails to make good the check, draft or debit
device transaction, or fails to return or make and comply with reasonable
arrangements to return the property for which the check, draft or
debit device was used in the same or substantially the same condition
as when received within ten (10) days after notice in writing from
the payee that the check, draft or debit device has not been paid
because of a stop payment order by the issuer to the drawee. "Notice
in writing" under this Section means notice deposited as certified
or registered mail in the United State Mail and addressed to the issuer
as it appears on the dishonored check, draft or debit device transaction
or to his or her last known address, containing a statement that failure
to make good the check, draft or debit device transaction within ten
(10) days of receipt of the notice may subject the issuer to prosecution
hereunder.
[Ord. No. 2382 § 2, 1-5-2017]
A person commits the offense of fraudulent procurement of a
credit or debit device if he or she: (1) knowingly makes or causes
to be made, directly or indirectly, a false statement regarding another
person for the purpose of procuring the issuance of a credit or debit
device, or (2) knowingly obtains a means of identification of another
person without the authorization of that person and uses that means
of identification to obtain, or attempt to obtain, credit, goods or
services in the name of the other person without the consent of that
person.
[Ord. No. 1046, §§ 2 — 3, 5-18-1978; Ord. No. 1802, § 1, 1-7-1999; Ord. No. 2382 § 2, 1-5-2017]
A person commits the offense 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. However, a person shall not be deemed to have stolen
video service if the video company provides unsolicited services or
fails to change or disconnect service within ten (10) days after receiving
written notice to do so by its customer. Additionally, a person does
not commit an offense under this Section if, at the time of the appropriation,
he or she: (1) acted in the honest belief that he or she had the right
to do so; or (2) acted in the honest belief that the owner, if present,
would have consented to the appropriation.
[1]
State law references—Similar provisions, RSMo. §§ 570.010,
570.030.
[Ord. No. 2382 § 2, 1-5-2017]
A person commits the offense of receiving stolen property if,
for the purpose of depriving the owner of a lawful interest therein,
he or she receives, retains or disposes of property of another knowing
that it has been stolen or believing that it has been stolen.
[Ord. No. 2382 § 2, 1-5-2017]
(a)
No person shall knowingly present for sale any stolen ferrous or
non-ferrous metal, including, but not limited to, copper property
or HVAC components.
(b)
No person shall mutilate, deface or otherwise damage any personal
or real property owned by another person for the purpose of obtaining
ferrous or non-ferrous metals, without written permission from the
owner.
[Ord. No. 678,
§ 2, 8-17-1967; Ord. No. 798, § 2, 8-30-1971; Ord.
No. 799, § 1, 8-30-1971; Ord. No. 1390, § 1, 7-21-1988; Ord. No. 2382 § 2, 1-5-2017[1]]
(a)
Trespass Unlawful In City.
(1)
A person commits the offense of trespass if he or she enters
unlawfully or knowingly remains unlawfully in a building or inhabitable
structure or upon real property, or climbs or skateboards upon a City
structure that has been posted with notice prohibiting such climbing
or skateboarding at the direction of the City Administrator.
(2)
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. For the purposes of this Subsection, the
terms "unlawfully enters" and "unlawfully operates" refer to any entry
or operation of a school bus which is not:
(b)
Definitions. As used in this Section, a person "enters unlawfully"
or "remains unlawfully" 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.
[1]
Editor’s Note: Ord. No. 2382 also changed the title
of this Section from “Trespass” to “Trespassing.”
[Ord. No. 1088, §§ 2, 2A, 6-7-1979; Ord. No. 1931 § 1, 12-19-2002; Ord. No. 2382 § 2, 1-5-2017]
(a)
A person commits the offense of passing a bad check when he or she:
(1)
With the purpose to defraud, makes, issues or passes a check
or other similar sight order or any other form of presentment involving
the transmission of account information for the payment of money knowing
that it will not be paid by the drawee or that there is no such drawee;
or
(2)
Makes, issues or passes a check or other similar sight order
or any other form of presentment involving the transmission of account
information for the payment of money, knowing that there are insufficient
funds in or on deposit with that account for the payment of such check,
sight order or other form of presentment involving the transmission
of account information in full and all other checks, sight orders
or other forms of presentment involving the transmission of account
information upon such funds then outstanding, or that there is no
such account or no drawee and fails to pay the check or sight order
or other form of presentment involving the transmission of account
information within ten (10) days after receiving actual notice in
writing that it has not been paid because of insufficient funds or
credit with the drawee or because there is no such drawee.
(b)
As used in Subparagraph (2) of Subsection (A) of this Section, "actual notice in writing" means notice of the non-payment which is actually received by the defendant. Such notice may include the service of summons or warrant upon the defendant for the initiation of the prosecution of the check or checks which are the subject matter of the prosecution if the summons or warrant contains information of the ten (10) day period during which the instrument may be paid and that payment of the instrument within such ten (10) day period will result in dismissal of the charges. The requirement of notice shall also be satisfied for written communications which are tendered to the defendant and which the defendant refuses to accept.
[1]
State law reference — Similar provisions, RSMo. § 570.120.
[Ord. No. 1088, § 3, 6-7-1979]
Any person who shall operate or cause to be operated or who shall attempt to operate or attempt to cause to be operated any lawful automatic vending machine, coin box telephone or other receptacle designed to receive lawful coins of the United States of America in connection with the sale, use or enjoyment of property or service, by means of a slug or any false, counterfeited, mutilated, sweated or foreign coin or by any means, method, trick or device whatsoever, not lawfully authorized by the owner, lessee, or licensee of such machine, coin box telephone or receptacle or who shall take, obtain or receive from or in connection with any lawful automatic vending machine, coin box telephone or other receptacle designed to receive lawful coins of the United States of America in connection with the sale, use or enjoyment of property or service, any goods, wares, merchandise, gas, electric current, article of value or the use or enjoyment of any telephone or telegraph facilities or service or of any musical instrument, phonograph or other property, without depositing in and surrendering to such machine, coin box telephone or receptacle, lawful coin of the United States of America to the amount required thereof by the owner, lessee or licensee of such machine, coin box telephone or receptacle, shall be guilty of a misdemeanor, and punishable as provided in section 1-10 of this Code.
[Ord. No. 1391, § 1, 7-21-1988; Ord. No. 2382 § 2, 1-5-2017]
(a)
A person commits the offense of stealing leased or rented property
if, with the intent to deprive the owner thereof, such person:
(1)
Purposely fails to return leased or rented personal property
to the place and within the time specified in an agreement in writing
providing for the leasing or renting of such personal property;
(2)
Conceals or aids or abets the concealment of the property from
the owner;
(3)
Sells, encumbers, conveys, pawns, loans, abandons or gives away
the leased or rented property or any part thereof without the written
consent of the lessor, or without informing the person to whom the
property is transferred to that the property is subject to a lease;
(4)
Returns the property to the lessor at the end of the lease term,
plus any agreed upon extensions, but does not pay the lease charges
agreed upon in the written instrument, with the intent to wrongfully
deprive the lessor of the agreed upon charges.
(b)
The provisions of this Section shall apply to all forms of leasing
and rental agreements, including, but not limited to, contracts which
provide the consumer options to buy the leased or rented personal
property, lease-purchase agreements and rent-to-own contracts. For
the purpose of determining if a violation of this Section has occurred,
leasing contracts which provide options to buy the merchandise are
owned by the owner of the property until such time as the owner endorses
the sale and transfer of ownership of the leased property to the lessee.
(c)
Evidence that a lessee used a false, fictitious, or not current name,
address or place of employment in obtaining the property or that a
lessee fails or refuses to return the property or pay the lease charges
to the lessor within seven (7) days after written demand for the return
has been sent by certified mail, return receipt requested, to the
address the person set forth in the lease agreement, or in the absence
of the address, to the person's last known place of residence, shall
be evidence of intent to violate the provisions of the Section, except
that if a motor vehicle has not been returned within seventy-two (72)
hours after the expiration of the lease or rental agreement, such
failure to return the motor vehicle shall be prima facie evidence
of the intent of the offense of stealing leased or rented property.
Where the leased or rented property is a motor vehicle, if the motor
vehicle has not been returned within seventy-two (72) hours after
the expiration of the lease or rental agreement, the lessor may notify
the local law enforcement agency of the failure of the lessee to return
such motor vehicle, and the local law enforcement agency shall cause
such motor vehicle to be put into any appropriate State and local
computer system listing stolen motor vehicles. Any Law Enforcement
Officer which stops such a motor vehicle may seize the motor vehicle
and notify the lessor that he or she may recover such motor vehicle
after it is photographed and its vehicle identification number is
recorded for evidentiary purposes. Where the leased or rented property
is not a motor vehicle, if such property has not been returned within
the seven (7) day period prescribed in this Subsection, the owner
of the property shall report the failure to return the property to
the local law enforcement agency, and such law enforcement agency
may within five (5) days notify the person who leased or rented the
property that such person is in violation of this Section, and that
failure to immediately return the property may subject such person
to arrest for the violation.
(d)
This Section shall not apply if such personal property is a vehicle
and such return is made more difficult or expensive by a defect in
such vehicle which renders such vehicle inoperable if the lessee shall
notify the lessor of the location of such vehicle and such defect
before the expiration of the lease or rental agreement or within ten
(10) days after proper notice.
[1]
Editor’s Note: Ord. No. 2382 also changed the title
of this Section from “Failure to return leased or rented personal
property; notice required, contents, exception, penalty” to
“Stealing rented personal property.”
[1]
Editor’s Note: Former Section 19-43, Identity theft
and Section 19-44, Trafficking in stolen identities, which derived
from Ord. No. 1987 §1, 9-16-2004, were repealed 1-5-2017 by §2
of Ord. No. 2382.
[Ord. No. 2271 § 1, 1-16-2014]
(a)
A person commits the crime of theft of cable television service,
Internet service, or telephone service if he or she:
(1)
Knowingly obtains or attempts to obtain cable television service,
Internet or telephone service without paying all lawful compensation
to the operator of such service, by means of artifice, trick, deception
or device; or
(2)
Knowingly assists another person in obtaining or attempting
to obtain cable television service, Internet service, or telephone
service without paying all lawful compensation to the operator of
such service; or
(3)
Knowingly connects to, tampers with or otherwise interferes
with any cables, wires or other devices used for the distribution
of cable television service, Internet service, or telephone service
if the effect of such action is to obtain cable television service,
Internet service, or telephone service without paying all lawful compensation
therefor; or
(4)
Knowingly sells, uses, manufactures, rents or offers for sale,
rental or use any device, plan or kit designed and intended to obtain
cable television service, Internet service, or telephone service in
violation of this Section; or
(5)
Knowingly attempts to connect to, tamper with, or otherwise
interfere with any cable television signal, cables, wires, devices,
or equipment, which is used for the distribution of cable television
service, Internet service, or telephone service and which results
in the unauthorized use of a cable television, Internet or telephone
system or the disruption of the delivery of the cable television,
Internet or telephone service. Nothing in this Section shall be construed
to prohibit, restrict, or otherwise limit the purchase, sale, or use
of any products, including without limitation hardware, software,
or other items, intended to provide services and features to a customer
who has lawfully obtained a connection from a cable, Internet or telephone
company.
(b)
Any cable television, Internet or telephone operator may bring an
action to enjoin and restrain any violation of the provisions of this
Section or bring an action for conversion. In addition to any actual
damages, an operator may be entitled to punitive damages and reasonable
attorney fees in any case in which the court finds that the violation
was committed willfully and for purposes of commercial advantage.
In the event of a defendant's verdict the defendant may be entitled
to reasonable attorney fees.
(c)
The existence on the property and in the actual possession of the
accused of any connection wire, or conductor, which is connected in
such a manner as to permit the use of cable television service, Internet
service, or telephone service without the same being reported for
payment to and specifically authorized by the operator of the cable
television, Internet or telephone service 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 the accused has committed
the crime of theft of cable television, Internet or telephone service.
(d)
If a cable television, Internet or telephone company either provides
unsolicited cable television service, Internet service, or telephone
service, or fails to change or disconnect cable television service,
Internet service, or telephone service within ten (10) days after
receiving written notice to do so by the customer, the customer may
deem such service to be a gift without any obligation to the cable
television, Internet or telephone company from ten (10) days after
such written notice is received until the service is changed or disconnected.
(e)
Nothing in this Section shall be construed to render unlawful or
prohibit an individual or other legal entity from owning or operating
a video cassette recorder or devices commonly known as a satellite
receiving dish for the purpose of receiving and utilizing satellite-relayed
television signals for his own use.
(f)
As used in this Section, the term "cable television service" includes
microwave television transmission from a multipoint distribution service
not capable of reception by conventional television receivers without
the use of special equipment. Cable television service shall also
include voice over Internet protocol services.
[Ord. No. 2382 § 2, 1-5-2017]
(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 or she does so under a claim of right and has reasonable
grounds to believe he or she has such a right.
(b)
The defendant shall have the burden of injecting the issue of claim
of right.
[Ord. No. 2382 § 2, 1-5-2017]
(a)
A person commits the offense of reckless burning or exploding if
he or she recklessly starts a fire or causes an explosion and thereby
damages or destroys the property of another.
(b)
A person commits the offense of negligent burning or exploding if
he or she with criminal negligence causes damage to property, woodlands,
or grasslands of another by:
(a)
The lighting of any private property that illuminates or casts glare
onto any other property and unreasonably and substantially interferes
with the use or enjoyment of such other property is prohibited. In
furtherance of this requirement, lighting of private property shall
be so arranged or designed to direct light away from adjoining properties
as much as possible. Lights shall be arranged, installed or shaded
so that no part of the lighting filament is visible and casts glare
to any point beyond the property line of the premises so illuminated.
Floodlights and spotlights shall be shielded if necessary to prevent
illumination or glare onto adjoining properties and streets. Provided,
however, that lighting on existing athletic fields and other recreational
facilities need not comply with this section until such time as such
existing lighting systems are replaced.
(b)
Anyone who fails or refuses to correct excessive illumination within
ten (10) days after written notice from the city manager or his or
her designee shall, upon conviction, be guilty of an offense.
(c)
The property owner and occupant shall be responsible for preventing
illumination of adjoining property and streets.
(d)
No lights
shall be attached to a sign, building, canopy or any other outdoor
structure that flash, pulsate, change color, or otherwise attract
attention from drivers, passersby or nearby residents. Non-flashing,
non-projecting, solid color lights used as holiday decorations shall
be allowable for up to six (6) contiguous weeks per year.
(e)
Any
unconventional accent lighting or adornment of buildings, canopies
or other outdoor structures shall require the owner apply for and
obtain a conditional use permit prior to installation. Unconventional
adornment, includes, but is not limited to, continuous promotional
pennant flags and island-, blade- or sail-pole flags for a period
of time longer than allowed in Sec. 29-92 "Regulation of temporary
and real estate signs." The permit application must describe or show
the proposed accent lighting and/or adornment in clear detail. The
city may require visual aids to fully illustrate the proposed change.
Colors and patterns used shall not detract from the character of the
surrounding neighborhood. Lewd graphics or artwork of any kind is
strictly forbidden. Size and placement limitations for signs shall
apply.
[1]
Editor's Note: Ord. No. 2577 also changed the title of this
section from "Excessive illumination" to "Excessive, unconventional
or unorthodox lighting."
[Ord. No. 2382 § 2, 1-5-2017]
(a)
Definitions. In this Section, the word "trash" means and includes
garbage, recyclables, compostables, cigarette butts, ashtray refuse,
refuse, junk, brush, ashes, debris, tin cans, leaves, grass, waste
matter, paper and cardboard, stone, wood, glass, rubble, rock, plaster,
broken concrete, building materials, inoperative machinery or vehicles.
(b)
Littering. No person shall place, throw, deposit, or cause to be
placed, thrown or deposited trash on any vacant or occupied property,
whether owned by such person or not, or upon any street, alley, sidewalk,
public property, or into any storm water drainage channel or upon
the public easement adjoining said channel in the City.
(c)
The owner or person in control of any private property shall, at
all times, maintain the premises free of trash.
(d)
This Section shall not prohibit the accumulation or storage of trash
in accordance produced as an incident to the lawful use of the same
premises where accumulated or stored where such accumulation or storage:
(1)
Is pending removal or disposal;
(2)
Does not exceed seven (7) consecutive days;
(3)
Is within containers, or is done in such other manner as not
to constitute a threat to public health or safety; and
(4)
Is screened from the view of persons upon adjacent property
or rights-of-way, except on a day scheduled for collection when it
may be placed adjacent to the public right-of-way adjoining the premises.
(e)
No person shall throw, drop or permit to blow or allow to be thrown,
dropped or blown, any litter from any motor vehicle.
(f)
No person shall unlawfully remove any street waste paper cabinet,
can or other containers or any part thereof from the location in which
the proper authorities of the City have placed it.
[Ord. No. 2382 § 2, 1-5-2017]
(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 or exposes 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 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 such property or service at the price which
he or she offered them, in a quantity sufficient to meet the reasonably
expected public demand unless the quantity is specifically stated
in the advertisement, or at all.
[Ord. No. 2382 § 2, 1-5-2017]
(a)
A person commits the offense of alteration or removal of item numbers
if he or 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 or 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.
[Ord. No. 2382 § 2, 1-5-2017]
(a)
MERCANTILE ESTABLISHMENT
MERCHANDISE
MERCHANT
WRONGFUL TAKING
Definitions. As used in this Section, the following definitions shall
apply:
Any mercantile place of business in, at or from which goods,
wares and merchandise are sold, offered for sale or delivered from
and sold at retail or wholesale.
All goods, wares and merchandise offered for sale or displayed
by a merchant.
Any corporation, partnership, association or person who is
engaged in the business of selling goods, wares and merchandise in
a mercantile establishment.
Includes stealing of merchandise or money and any other wrongful
appropriation of merchandise or money.
(b)
Any merchant, his or her agent or employee, who has reasonable grounds
or probable cause to believe that a person has committed or is committing
a wrongful taking of merchandise or money from a mercantile establishment,
may detain such person in a reasonable manner and for a reasonable
length of time for the purpose of investigating whether there has
been a wrongful taking of such merchandise or money. Any such reasonable
detention shall not constitute an unlawful arrest or detention, nor
shall it render the merchant, his or her agent or employee criminally
or civilly liable to the person so detained.
(c)
Any person willfully concealing unpurchased merchandise of any mercantile establishment, either on the premises or outside the premises of such establishment, shall be presumed to have so concealed such merchandise with the intention of committing a wrongful taking of such merchandise within the meaning of Subsection (a), and the finding of such unpurchased merchandise concealed upon the person or among the belongings of such person shall be evidence of reasonable grounds and probable cause for the detention in a reasonable manner and for a reasonable length of time of such person by a merchant, his or her agent or employee in order that recovery of such merchandise may be effected, and any such reasonable detention shall not be deemed to be unlawful nor render such merchant, his or her agent or employee criminally or civilly liable.
[Ord. No. 2382 § 2, 1-5-2017]
It shall be unlawful for any person to possess any theft detection
shielding device, theft detection device remover or tool, instrument,
article, box or box adapted, modified, constructed, designed or used
for committing or facilitating offenses involving theft or stealing
in a public place with intent to use such item for theft or stealing
or with knowledge that some person intends to use the same in committing
a theft or stealing.
