[R.O. 2008 § 215.290]
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:
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 subdivision 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.
[R.O. 2008 § 215.300]
[1]
Note: Under certain circumstances, this offense
can be a felony under State law.
[R.O. 2008 § 220.305; R.O. 2007
§ 220.290; Ord. No. 1180 §§ 2
– 8, 12-4-1984]
A.
No person shall engage in any land disturbing
activity or any other action which causes or permits any soil, mud,
earth, sand, gravel, rock, stone, concrete, or other materials, or
liquids to be deposited, dropped upon, or to roll, flow, stand, or
wash upon or over any public street, street improvement, road, sewer,
storm drain, watercourse, right-of-way, or any other public property
in a manner to interfere with the use of such property, or which creates
a nuisance or a hazardous condition which is detrimental to the property,
health, safety and welfare of the public.
B.
No person shall, when hauling soil, earth,
sand, gravel, mud, rock, stone, concrete, building materials or any
other materials or liquids, over any public street, road, alley, allow
such materials or liquids to blow, drop, be placed or spill over and
upon such street, road, alley, public property without permission
from the City.
C.
The operator of equipment engaged in hauling
shall not permit soil, mud, earth, sand, gravel, rock, stone, concrete,
or other materials to fall from the vehicle or equipment, upon any
street, road, alley or public property without written permission
from the City.
D.
No person shall operate a vehicle hauling
rock, sand, gravel, dirt or similar material over any street or roadway
unless there is a tarp, or similar covering, pulled over the load,
or unless permission is obtained from the City.
E.
All matter or objects described in this
Section shall be immediately removed in a prompt and on-going manner
as it occurs, and not as a cumulative effort at the end of the day
or project.
F.
Any person who causes any soil, mud, earth,
sand, gravel, rock, stone, concrete or other materials or liquids
to be deposited or to roll, flow, wash or drop onto any public street,
road, alley or other public property shall be directed to immediately
remove such materials or liquids; and any person failing or refusing
to do so shall be issued a summons or warrant to appear in O'Fallon
Municipal Court.
G.
Any person found to be in violation of any provision of this Section shall be subject upon conviction, to a penalty as prescribed in Section 100.010 of this Code, as well as the costs of removal of the materials or liquids from the street, road or public property. Each person and each vehicle load involved will constitute a separate violation.
[R.O. 2008 § 215.310]
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.
[R.O. 2008 § 215.320]
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:
[1]
Note: Under certain circumstances, this offense
can be a felony under State law.
[R.O. 2008 § 215.330]
[R.O. 2008 § 215.335]
A person commits the offense of trespass
of a school bus if he/she knowingly and unlawfully enters any part
of or unlawfully operates any school bus.
[R.O. 2008 § 215.340]
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.
[R.O. 2008 § 215.350]
A person commits the offense of negligent
burning or exploding when he/she with criminal negligence causes damage
to property of another by fire or explosion.
[R.O. 2008 § 215.360]
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.
[1]
Note: Under certain circumstances, this offense
can be a felony under State law.
[R.O. 2008 § 215.365]
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 215.360 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.
[R.O. 2008 § 215.370]
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.
[R.O. 2008 § 215.375]
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 an ordinance violation if the value of the property
is less than fifty dollars ($50.00).
B.
DECEPTION
1.
2.
3.
4.
5.
DISABLED PERSON
ELDERLY PERSON
INTIMIDATION
Definitions. As used in this Section, the
following terms shall have these prescribed meanings:
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:
Creating or confirming another person's
impression which is false and which the offender does not believe
to be true.
Failure to correct a false impression
which the offender previously has created or confirmed.
Preventing another person from acquiring
information pertinent to the disposition of the property involved.
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.
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.
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.
A person sixty (60) years of age or older.
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.
[R.O. 2008 § 215.380]
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.
[R.O. 2008 § 215.390]
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; or
5.
Makes a false or misleading written
statement for the purpose of obtaining property or credit.
[R.O. 2008 § 215.400]
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.
[R.O. 2008 § 215.410]
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 215.300 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.
[R.O. 2008 § 215.420]
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 Subsection (A)(2) 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-day period during which the instrument may be paid and that payment of the instrument within such ten-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.
[R.O. 2008 § 215.425]
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/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.
