[1]
State Law References—Stealing, §560.156, RSMo.; frauds, cheats, swindlers, §564.460, RSMo.
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;
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:
a. 
To prevent the proper measuring of electric, gas, steam or water service; or
b. 
To permit the diversion of any electric, gas, steam or water service.
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 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.
[Ord. No. 6466 § 1, 1-10-2017]
A. 
Definitions. The following terms shall mean:
ACCESS (RELATIVE TO COMPUTERS)
To instruct, communicate with, store data in, retrieve or extract data from, or otherwise make any use of any resources of, a computer, computer system, or computer network.
COMPUTER
The box that houses the central processing unit (cpu), along with any internal storage devices, such as internal hard drives, and internal communication devices, such as internal modems capable of sending or receiving electronic mail or fax cards, along with any other hardware stored or housed internally. Thus, computer refers to hardware, software and data contained in the main unit. Printers, external modems attached by cable to the main unit, monitors, and other external attachments will be referred to collectively as peripherals and discussed individually when appropriate. When the computer and all peripherals are referred to as a package, the term "computer system" is used. Information refers to all the information on a computer system including both software applications and data.
COMPUTER EQUIPMENT
Computers, terminals, data storage devices, and all other computer hardware associated with a computer system or network.
COMPUTER HARDWARE
All equipment which can collect, analyze, create, display, convert, store, conceal or transmit electronic, magnetic, optical or similar computer impulses or data. Hardware includes, but is not limited to, any data processing devices, such as central processing units, memory typewriters and self-contained laptop or notebook computers; internal and peripheral storage devices, transistor-like binary devices and other memory storage devices, such as floppy disks, removable disks, compact disks, digital video disks, magnetic tape, hard drive, optical disks and digital memory; local area networks, such as two (2) or more computers connected together to a central computer server via cable or modem; peripheral input or output devices, such as keyboards, printers, scanners, plotters, video display monitors and optical readers; and related communication devices, such as modems, cables and connections, recording equipment, RAM or ROM units, acoustic couplers, automatic dialers, speed dialers, programmable telephone dialing or signaling devices and electronic tone-generating devices; as well as any devices, mechanisms or parts that can be used to restrict access to computer hardware, such as physical keys and locks.
COMPUTER NETWORK
Two (2) or more interconnected computers or computer systems.
COMPUTER PROGRAM
A set of instructions, statements, or related data that directs or is intended to direct a computer to perform certain functions.
COMPUTER SOFTWARE
Digital information which can be interpreted by a computer and any of its related components to direct the way they work. Software is stored in electronic, magnetic, optical or other digital form. The term commonly includes programs to run operating systems and applications, such as word processing, graphic, or spreadsheet programs, utilities, compilers, interpreters and communications programs.
COMPUTER SYSTEM
A set of related, connected or unconnected, computer equipment, data, or software.
COMPUTER-RELATED DOCUMENTATION
Written, recorded, printed or electronically stored material which explains or illustrates how to configure or use computer hardware, software or other related items.
DAMAGE
When used in relation to a computer system or network, means any alteration, deletion, or destruction of any part of the computer system or network.
DATA
A representation of information, facts, knowledge, concepts, or instructions prepared in a formalized or other manner and intended for use in a computer or computer network. Data may be in any form including, but not limited to, printouts, microfiche, magnetic storage media, punched cards and as may be stored in the memory of a computer.
SERVICES
When used in relation to a computer system or network, means use of a computer, computer system, or computer network and includes, but is not limited to, computer time, data processing, and storage or retrieval functions.
TAMPER
To interfere with improperly, meddle with, displace, make unwanted alterations, or deprive owner or possessor of something temporarily.
B. 
Tampering With Computer Data. A person commits the offense of tampering with computer data if he or she knowingly and without authorization or without reasonable grounds to believe that he or she has such authorization:
1. 
Modifies or destroys data or programs residing or existing internal to a computer, computer system, or computer network; or
2. 
Modifies or destroys data or programs or supporting documentation residing or existing external to a computer, computer system, or computer network; or
3. 
Discloses or takes data, programs or supporting documentation, residing or existing internal or external to a computer, computer system, or computer network; or
4. 
Discloses or takes a password, identifying code, personal identification number, or other confidential information about a computer system or network that is intended to or does control access to the computer system or network; or
5. 
Accesses a computer, a computer system, or a computer network, and intentionally examines information about another person; or
6. 
Receives, retains, uses, or discloses any data he or she knows or believes was obtained in violation of this Section.
C. 
Tampering With Computer Equipment. A person commits the offense of tampering with computer equipment if he or she knowingly and without authorization or without reasonable grounds to believe that he or she has such authorization:
1. 
Modifies, destroys, damages, or takes equipment or data storage devices used or intended to be used in a computer, computer system, or computer network.
2. 
Modifies, destroys, damages, or takes any computer, computer system, or computer network.
D. 
Tampering With Computer Users. A person commits the offense of tampering with computer users if he or she knowingly and without authorization or without reasonable grounds to believe that he or she has such authorization:
1. 
Accesses or causes to be accessed any computer, computer system, or computer network; or
2. 
Denies or causes the denial of computer system services to an authorized user of such computer system services.
[Ord. No. 6466 § 1, 1-10-2017]
A. 
A person commits the offense of property damage if:
1. 
He/she knowingly vandalizes, defaces or otherwise damages property of another; or
2. 
He/she damages property for the purpose of defrauding an insurer.
[1]
Note—Under certain circumstances this offense can be a felony under state law.
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.
[CC 1970 §17-26; CC 1947 §12-53; Ord. No. 5787 §1, 10-14-2003]
A. 
Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Subsection, except where the context clearly indicates a different meaning:
ENTER UNLAWFULLY OR REMAIN UNLAWFULLY
A person enters unlawfully or remains unlawfully in or upon premises when he/she is not licensed or privileged to do so. A person who, regardless of his/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/she defies a lawful order not to enter or remain, personally communicated to him/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.
INHABITABLE STRUCTURE
Inhabitable structure includes a ship, trailer, sleeping car, airplane or other vehicle or structure:
1. 
Where any person lives or carries on business or other calling;
2. 
Where people assemble for purposes of business, government, education, religion, entertainment or public transportation; or
3. 
Which is used for overnight accommodation of persons. Any such vehicle or structure is inhabitable regardless of whether a person is actually present.
OF ANOTHER
Property is that of another if any natural person, corporation, partnership, association, governmental subdivision or instrumentality, other than the actor, has a possessory or proprietary interest therein. If a building or structure is divided into separately occupied units, any unit not occupied by the actor is an inhabitable structure of another.
B. 
A person commits the crime of trespass if he/she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.
C. 
A person does not commit the crime 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:
1. 
Actual communication to the actor; or
2. 
Posting in a manner reasonably likely to come to the attention of intruders.
D. 
Any person who commits the offense of trespassing shall be deemed guilty of a misdemeanor.
[Ord. No. 6466 § 1, 1-10-2017]
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. 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:
1. 
Approved of and established in a school district's written policy on access to school buses; or
2. 
Authorized by specific written approval of the school board.
A person commits the offense of reckless burning or exploding when he/she knowingly starts a fire or causes an explosion and thereby recklessly damages or destroys a building or an inhabitable structure of another.
[Ord. No. 6466 § 1, 1-10-2017]
A. 
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:
1. 
Starting a fire or causing an explosion; or
2. 
Allowing a fire burning on lands in his or her possession or control onto the property of another.
[Ord. No. 6466 § 1, 1-10-2017]
A. 
A person commits the offense of stealing if he/she appropriates property or services of another with the purpose to deprive him/her thereof, either without his/her consent or by means of deceit or coercion.
B. 
Evidence of the following is admissible in any prosecution pursuant to this Section on the issue of the requisite knowledge or belief of the alleged stealer that:
1. 
He/she failed or refused to pay for property or services of a hotel, restaurant, inn or boarding house;
2. 
He/she gave in payment for property or services of a hotel, restaurant, inn or boarding house a check or negotiable paper on which payment was refused;
3. 
He/she left the hotel, restaurant, inn or boarding house with the intent to not pay for property or services;
4. 
He/she surreptitiously removed or attempted to remove his/her baggage from a hotel, inn or boarding house; or
5. 
He/she, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, alters, counterfeits or reproduces a retail sales receipt, price tag or universal price code label or possesses, with intent to cheat or defraud, the device that manufactures fraudulent receipts or universal price code labels.
C. 
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.
D. 
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]
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 215.330 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.
[CC 1970 §17-6; CC 1947 §12-10]
Any person who makes, mends, designs or sets up or who has in his/her custody or concealed about his/her person any tool, false key, lock pick, bit, nippers fuse, force screw, punch, drill, jimmy or any material, implement, instrument or other mechanical device whatsoever adopted, designed or commonly used for breaking into any vault, safe, warehouse, motor vehicle, store, shop, office, dwelling house or door, window or shutter of any building shall be deemed guilty of a misdemeanor.
A. 
A person commits the offense of receiving stolen property if, for the purpose of depriving the owner of a lawful interest therein, he/she receives, retains or disposes of property of another knowing that it has been stolen or believing that it has been stolen.
B. 
Evidence of the following is admissible in any criminal prosecution pursuant to this Section to prove the requisite knowledge or belief of the alleged receiver that:
1. 
He/she was found in possession or control of other property stolen on separate occasions from two (2) or more persons;
2. 
He/she received other stolen property in another transaction within the year preceding the transaction charged;
3. 
He/she acquired the stolen property for a consideration which he/she knew was far below its reasonable value; or
4. 
He/she obtained control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce a person to believe the property was stolen.
[1]
Note—Under certain circumstances this offense can be a felony under state law.
A. 
A person commits the offense of financial exploitation of an elderly or disabled person if such person knowingly and by deception, intimidation or force obtains control over the elderly or disabled person's property with the intent to permanently deprive the elderly or disabled person of the use, benefit or possession of his/her property thereby benefiting such person or detrimentally affecting the elderly or disabled person. Financial exploitation of an elderly or disabled person is a misdemeanor if the value of the property is less than fifty dollars ($50.00).
B. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
DECEPTION
A misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly or disabled person or to the existing or pre-existing condition of any of the property involved in such contract or agreement or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly or disabled person to enter into a contract or agreement.
"Deception" includes:
1. 
Creating or confirming another person's impression which is false and which the offender does not believe to be true.
2. 
Failure to correct a false impression which the offender previously has created or confirmed.
3. 
Preventing another person from acquiring information pertinent to the disposition of the property involved.
4. 
Selling or otherwise transferring or encumbering property, failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid or is or is not a matter of official record.
5. 
Promising performance which the offender does not intend to perform or knows will not be performed. Failure to perform standing alone is not sufficient evidence to prove that the offender did not intend to perform.
DISABLED PERSON
A person with a mental, physical or developmental disability that substantially impairs the person's ability to provide adequately for the person's care or protection.
ELDERLY PERSON
A person sixty (60) years of age or older.
INTIMIDATION
A threat of physical or emotional harm to an elderly or disabled person, or the communication to an elderly or disabled person that he/she will be deprived of food and nutrition, shelter, prescribed medication, or medical care and treatment.
C. 
Nothing in this Section shall be construed to limit the remedies available to the victim pursuant to any State law relating to domestic violence.
D. 
Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly or disabled person in the management of his/her property, but through no fault of his/her own has been unable to provide such assistance.
E. 
Nothing in this Section shall limit the ability to engage in bona fide estate planning, to transfer property, and to otherwise seek to reduce estate and inheritance taxes; provided that such actions do not adversely impact the standard of living to which the elderly or disabled person has become accustomed at the time of such actions.
F. 
It shall not be a defense to financial exploitation of an elderly or disabled person that the accused reasonably believed that the victim was not an elderly or disabled person.
[1]
Note—Under certain circumstances this offense can be a felony under state law.
A. 
A person commits the offense of fraudulent use of a credit device or debit device if the person 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/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 said charges or payment without just cause. It shall be prima facie evidence of a violation of this Section if a person cancels said 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.
[Ord. No. 6466 § 1, 1-10-2017]
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. 6466 § 1, 1-10-2017]
A. 
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.
A. 
A person commits the offense of deceptive business practice if in the course of engaging in a business, occupation or profession he/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/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
[Ord. No. 6466 § 1, 1-10-2017]
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. 6466 § 1, 1-10-2017]
[CC 1970 §17-18; CC 1947 §7-30; Ord. No. 3853 §1, 10-26-1976; Ord. No. 4187 §1, 4-28-1981; Ord. No. 4828 §1, 9-24-1991; Ord. No. 4835 §1, 10-22-1991]
It shall be unlawful for any person to paint, paste, post, place or affix any advertisement, bill, placard, poster, sign or device of any kind upon any vehicle, tree, pole, post, hydrant, bridge or any structure or ground upon any private or public street, sidewalk, alley, parkway, park, tree, lawn or other public place in the City; provided however, nothing herein shall apply to any notice required by law or ordinance to be posted or to any official sign or notice by public officers. Provided further, nothing herein shall apply to any decorative banners, flags, holiday decorations or similar devices erected by a governmental jurisdiction to enhance an area or promote commerce or civic events.
[Ord. No. 5879 §2(13-7.2), 5-24-2005]
No person shall tack, stick, paste or fasten in any manner any handbill or flier containing commercial advertising of a written, printed or pictorial nature upon any public property within the limits of the City or on any motor vehicle, dwelling or other structure within the City without the consent of the owner or occupant thereof. Such violation constitutes a public nuisance. When a public nuisance as described herein exists, the enforcement procedures set forth in Section 220.020 shall be used.
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. 
A person commits the offense of failing to return leased or rented property if, with the intent to deprive the owner thereof, he/she purposefully 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. In addition, any person who has leased or rented personal property of another, who conceals the property from the owner or who otherwise sells, pawns, loans, abandons or gives away the leased or rented property is guilty of the offense of failing to return leased or rented property. 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.
B. 
It shall be prima facie evidence of the offense of failing to return leased or rented property when a person who has leased or rented personal property of another willfully fails to return or make arrangements acceptable with the lessor to return the personal property to its owner at the owner's place of business within ten (10) days after proper notice following the expiration of the lease or rental agreement, except that if the 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 failing to return 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/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 ten (10) 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.
C. 
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.
D. 
Proper notice by the lessor shall consist of a written demand addressed and mailed by certified or registered mail to the lessee at the address given at the time of making the lease or rental agreement. The notice shall contain a statement that the failure to return the property may subject the lessee to criminal prosecution.
E. 
Any person who has leased or rented personal property of another who destroys such property so as to avoid returning it to the owner shall be guilty of property damage pursuant to Section 215.295 in addition to being in violation of this Section.
F. 
Venue shall lie in the County where the personal property was originally rented or leased.
[1]
Note—Under certain circumstances this offense can be a felony under state law.
[2]
Editor’s Note: Ord. No. 6466 also changed the title of this Section from “Failure To Return Rented Personal Property – Enforcement – Procedure – Penalty – Venue” to “Stealing Rented Personal Property.”
A. 
A person commits the offense of passing a bad check when:
1. 
With purpose to defraud, the person 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. 
The person 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]
Note—Under certain circumstances this offense can be a felony under state law.
A. 
Definitions. As used in this Section, the following definitions shall apply:
MERCANTILE ESTABLISHMENT
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.
MERCHANDISE
All goods, wares and merchandise offered for sale or displayed by a merchant.
MERCHANT
Any corporation, partnership, association or person who is engaged in the business of selling goods, wares and merchandise in a mercantile establishment.
WRONGFUL TAKING
Includes stealing of merchandise or money and any other wrongful appropriation of merchandise or money.
B. 
Any merchant, his/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/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/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/her agent or employee criminally or civilly liable.
[1]
Editor’s Note: Former Section 215.400, Value of Property Determinant of Violation, which derived from CC 1970 § 17-79; CC 1947 § 12-60(b); Ord. No. 4018 § 1, 4-24-1979; Ord. No. 5459 § 1, 9-8-1998; Ord. No. 5727 § 1, 10-22-2002 was repealed 1-10-2017 by Ord. No. 6466.
[CC 1970 §17-80; CC 1947 §12-60(d)]
Any merchant, his/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/her agent or employee criminally or civilly liable to the person so detained.
[CC 1970 §17-81; CC 1947 §12-60(e)]
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 this Article and the finding of such unpurchased merchandise 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/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/her agent or employee criminally or civilly liable.
[CC 1970 §17-82; Ord. No. 4779 §1, 8-14-1990]
It shall be unlawful for any person to take, steal, contaminate or disturb any of the recyclable materials set out for collection or any container used for the storage and collection of such recyclable materials. For the purposes of this Section, "recyclable materials" are glass, plastic, paper, aluminum, cardboard and any other materials which may be designated for recycling by the City.