A.
A person
commits the offense of concealing an offense if:
1.
He/she confers or agrees to confer any pecuniary benefit or other
consideration to any person in consideration of that person's concealing
of any offense, refraining from initiating or aiding in the prosecution
of an offense, or withholding any evidence thereof; or
2.
He/she accepts or agrees to accept any pecuniary benefit or other
consideration in consideration of his/her concealing any offense,
refraining from initiating or aiding in the prosecution of an offense,
or withholding any evidence thereof.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
[R.O. 2005 §18-21; CC 1997 §18-21; Ord. No. 3412, 4-3-2019[1]]
A.
A person
commits the offense of Failure to Comply with Order of a Police Officer
if he or she:
1.
Fails to comply with the lawful order or request of a Police Officer
in the discharge of the officer's official duties where such failure
interfered with, obstructed or hindered the Police Officer in the
performance of such duties; or
2.
Fails to identify himself or herself by name upon request when lawfully
detained by a Police Officer, provided, however, that the person may
not be compelled to answer any other inquiry of the Police Officer;
or
3.
Knowingly falsifies, conceals or covers up by any trick, scheme or
device, a material fact, makes any materially false, fictitious or
fraudulent statement or representation, or makes or uses any false
writing or document knowing the same to contain any materially false,
fictitious or fraudulent statement or entry.
[1]
Editor's Note: Ord. No. 3412 also changed the title of this
Section from "Refusing Reasonable Requests of Police Officers" to
"Failure To Comply With Order Of A Police Officer."
A.
A person
commits the offense of hindering prosecution if for the purpose of
preventing the apprehension, prosecution, conviction or punishment
of another for conduct constituting a crime he/she:
1.
Harbors or conceals such person;
2.
Warns such person of impending discovery or apprehension, except
this does not apply to a warning given in connection with an effort
to bring another into compliance with the law;
3.
Provides such person with money, transportation, weapon, disguise
or other means to aid him/her in avoiding discovery or apprehension;
or
4.
Prevents or obstructs, by means of force, deception or intimidation,
anyone from performing an act that might aid in the discovery or apprehension
of such person.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
A person commits the offense of refusal to identify as a witness
if, knowing he/she has witnessed any portion of a crime, or of any
other incident resulting in physical injury or substantial property
damage, upon demand by a Law Enforcement Officer engaged in the performance
of his/her official duties, he/she refuses to report or gives a false
report of his/her name and present address to such officer.
A person commits the offense of disturbing a judicial proceeding
if, with purpose to intimidate a judge, attorney, juror, party or
witness and thereby to influence a judicial proceeding, he/she disrupts
or disturbs a judicial proceeding by participating in an assembly
and calling aloud, shouting, or holding or displaying a placard or
sign containing written or printed matter concerning the conduct of
the judicial proceeding or the character of a judge, attorney, juror,
party or witness engaged in such proceeding, or calling for or demanding
any specified action or determination by such judge, attorney, juror,
party or witness in connection with such proceeding.
A.
A person
commits the offense of tampering with a witness if, with purpose to
induce a witness or a prospective witness to disobey a subpoena or
other legal process, or to absent himself/herself or avoid subpoena
or other legal process, or to withhold evidence, information or documents,
or to testify falsely, he/she:
B.
A person
commits the offense of "victim tampering" if, with purpose to do so,
he/she prevents or dissuades or attempts to prevent or dissuade any
person who has been a victim of any crime or a person who is acting
on behalf of any such victim from:
1.
Making any report of such victimization to any Peace Officer or State,
local or Federal Law Enforcement Officer or prosecuting agency or
to any judge;
2.
Causing a complaint, indictment or information to be sought and prosecuted
or assisting in the prosecution thereof; or
3.
Arresting or causing or seeking the arrest of any person in connection
with such victimization.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
A person commits the offense of improper communication if he/she
communicates, directly or indirectly, with any juror, special master,
referee or arbitrator in a judicial proceeding, other than as part
of the proceedings in a case, for the purpose of influencing the official
action of such person.
A.
A person
commits the offense of false impersonation if such person:
1.
Falsely represents himself/herself to be a public servant with purpose
to induce another to submit to his/her pretended official authority
or to rely upon his/her pretended official acts, and
2.
Falsely represents himself/herself to be a person licensed to practice
or engage in any profession for which a license is required by the
laws of this State with purpose to induce another to rely upon such
representation, and
3.
Upon being arrested, falsely represents himself/herself, to a Law
Enforcement Officer, with the first and last name, date of birth or
Social Security number, or a substantial number of identifying factors
or characteristics as that of another person that results in the filing
of a report or record of arrest or conviction for an infraction, misdemeanor
or felony that contains the first and last name, date of birth and
Social Security number, or a substantial number of identifying factors
or characteristics to that of such other person as to cause such other
person to be identified as the actual person arrested or convicted.
B.
If a violation of Subsection (A)(3) hereof is discovered prior to any conviction of the person actually arrested for an underlying charge, then the prosecuting attorney bringing any action on the underlying charge shall notify the court thereof, and the court shall order the false-identifying factors ascribed to the person actually arrested as are contained in the arrest and court records amended to correctly and accurately identify the defendant and shall expunge the incorrect and inaccurate identifying factors from the arrest and court records.
C.
Any
person who is the victim of a false impersonation and whose identity
has been falsely reported in arrest or conviction records may move
for expungement and correction of said records under the procedures
set forth in Section 610.123, RSMo. Upon a showing that a substantial
number of identifying factors of the victim was falsely ascribed to
the person actually arrested or convicted, the court shall order the
false-identifying factors ascribed to the person actually arrested
as are contained in the arrest and court records amended to correctly
and accurately identify the defendant and shall expunge the incorrect
and inaccurate factors from the arrest and court records.
A.
A person
commits the offense of making a false report if he/she knowingly:
1.
Gives false information to any person for the purpose of implicating
another person in a crime or offense;
2.
Makes a false report to a Law Enforcement Officer that a crime or
offense has occurred or is about to occur; or
3.
Makes a false report or causes a false report to be made to a Law
Enforcement Officer, security officer, Fire Department or other organization,
official or volunteer which deals with emergencies involving danger
to life or property that a fire or other incident calling for an emergency
response has occurred or is about to occur.
[R.O. 2005 §18-22; Ord. No. 2290 §1, 11-18-1998; Ord. No. 2416 §1, 1-17-2001]
A.
ALARM USER
AUTOMATIC DIALING TELEPHONE ALARM
CHIEF OF POLICE
DEPARTMENT
DISPATCH OR RESPONSE
FALSE ALARM
SECURITY ALARM SYSTEM
Definitions. For the purposes of this Section, the following
words have the meanings respectively ascribed to them in this Section,
except where the context clearly indicates a different meaning:
Any individual, partnership, corporation or other form of
association that owns or leases a security alarm system or on whose
premises a security alarm system is maintained for the protection
of the premises.
A security alarm system with a device that automatically
dials the Police Department emergency assistance telephone lines without
human activation of the device by the alarm user.
The Chief of Police of the City of Ellisville and the Chief's
designee.
The Ellisville Police Department.
A discretionary decision whether to direct Police units to
a location where there has been a request, made by whatever means,
for Police assistance or investigation. There is no duty to dispatch
under any circumstances, including to answer an alarm signal, and
all dispatch decisions are made subject to competing priorities and
available Police resources.
An alarm signal eliciting notification to and a response
by the Police when there is no evidence of a crime or other activity
that warrants a call for immediate Police assistance and no person
who was on or near the property or has viewed a video communication
from the property called for the Police dispatch or confirmed the
need for Police assistance. "False alarm" does not
include an alarm signal caused by violent conditions of nature or
other extraordinary circumstances beyond the control of the alarm
user.
Any system, device or mechanism for the detection and reporting
of any unauthorized entry or attempted entry or property damage upon
premises protected by the system that may be activated by sensors
or other techniques and, when activated, automatically transmits a
telephone message or emits an audible, visible or electronic signal
that can be heard, seen or received by persons outside of the protected
premises and is intended to summon Police assistance.
B.
Audible Alarm Standards. A security alarm system that emits
an audible signal that may be heard outside of the protected premises
shall conform to the following requirements:
1.
Audible alarms shall automatically discontinue emitting the audible
sound within ten (10) minutes after activation of the alarm; and
2.
With respect to security alarm systems in existence prior to the
enactment of this Section that do not comply with Subparagraph (B)(1)
above, the alarm user shall have ninety (90) days from the enactment
of the ordinance in which to make the necessary modifications to the
alarm system in order to comply with the requirement.
|
It is a defense to a violation of this Subsection that the continuous
sounding of the alarm:
|
C.
Automatic Dialing Telephone Systems Prohibited. It shall
be unlawful for any individual, partnership, corporation or other
form of association to sell, offer for sale, install, maintain, operate
or assist in the operation of any alarm system with an automatic dialing
or digital alarm communicator feature that automatically calls the
Police in the event of an alarm.
D.
Alarm Users. An alarm user shall:
1.
Maintain the premises and security alarm system in a manner that
will minimize or eliminate false alarms;
2.
Review all alarm system operating instructions, including those for
verification of an alarm;
3.
Notify the alarm system monitoring company of a false alarm activation
as soon as the user is aware of the false alarm; and
4.
Not manually activate an alarm except when needing an immediate Police
response to an emergency.
E.
Determination Of False Alarm—Rebuttable Presumption. For the purposes of this Section, there is a rebuttable presumption
that the following determinations made by the Chief of Police or by
a Police Officer dispatched to the premises reporting an alarm signal
are correct:
1.
There is no evidence of a crime or other activity that would warrant
a call for immediate Police assistance at the premises;
2.
No individual who was on or near the premises or who has viewed a
video communication from the premises called for a Police dispatch
or verified a need for an immediate Police response; and
3.
There is no evidence that violent conditions of nature or other extraordinary
circumstances beyond the control of the alarm user caused the activation
of the alarm.
F.
Violations And Penalties. Upon the determination by the
Police Department that there has been a violation of the audible alarm
standard and/or a false alarm has occurred, the Municipal Court shall
send a notice to the alarm user notifying the alarm user of the determination
and directing payment of the following fines within thirty (30) days.
1.
The sounding of an audible signal from a security alarm system that
can be heard continuously off the premises for more than ten (10)
minutes is a civil infraction and the alarm user, in addition to any
other penalties specified herein, shall be penalized by a fine of
fifty dollars ($50.00) for each offense, excluding the alarm user's
first (1st) and second (2nd) violations per calendar year.
2.
A false alarm is a civil infraction and the alarm system user shall
be penalized by a fine of fifty dollars ($50.00) for each offense,
excluding the alarm user's first (1st) and second (2nd) violations
per calendar year.
3.
Failure to respond to an audible signal violation notice and/or false
alarm violation notice shall be a civil infraction and punishable
by a fine of up to fifty dollars ($50.00), excluding the alarm user's
first (1st) and second (2nd) violations per calendar year.
A.
A person
commits the offense of resisting or interfering with arrest, detention
or stop if, knowing that a Law Enforcement Officer is making an arrest
or attempting to lawfully detain or stop an individual or vehicle,
or the person reasonably should know that a Law Enforcement Officer
is making an arrest or attempting to lawfully detain or lawfully stop
an individual or vehicle, for the purpose of preventing the officer
from effecting the arrest, stop or detention, the person:
1.
Resists the arrest, stop or detention of such person by using or
threatening the use of violence or physical force or by fleeing from
such officer; or
2.
Interferes with the arrest, stop or detention of another person by
using or threatening the use of violence, physical force or physical
interference.
B.
This
Section applies to arrests, stops or detentions with or without warrants
and to arrests, stops or detentions for any crime, infraction or ordinance
violation.
C.
A person
is presumed to be fleeing a vehicle stop if that person continues
to operate a motor vehicle after that person has seen or should have
seen clearly visible emergency lights or has heard or should have
heard an audible signal emanating from the law enforcement vehicle
pursuing that person.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
A person commits the offense of escape from custody or attempted
escape from custody if, while being held in custody after arrest for
any crime or offense, he/she escapes or attempts to escape from custody.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
[R.O. 2005 §18-20; CC 1997 §18-20]
A.
A person
commits the offense of aiding escape of a prisoner if he/she:
1.
Introduces into any place of confinement any deadly weapon or dangerous
instrument or other thing adapted or designed for use in making an
escape with the purpose of facilitating the escape of any prisoner
confined therein or of facilitating the commission of any other crime;
or
2.
Assists or attempts to assist any prisoner who is being held in custody
or confinement for the purpose of effecting the prisoner's escape
from custody or confinement.
[1]
State Law Reference—Similar provisions, §575.230,
RSMo.
Note—Under certain circumstances this offense can be
a felony under state law.
A.
A person
commits the offense of interference with legal process if, knowing
any person is authorized by law to serve process, for the purpose
of preventing such person from effecting the service of any process,
he/she interferes with or obstructs such person.
B.
"Process" includes any writ, summons, subpoena, warrant
other than an arrest warrant, or other process or order of a court.
C.
Interference
with legal process is an ordinance violation.
[Ord. No. 3284 §1, 5-18-2016]
A.
A person commits the offense of assault on a police animal when such
person knowingly attempts to kill or disable or knowingly causes or
attempts to cause serious physical injury to a police animal when
that animal is involved in law enforcement investigation, apprehension,
tracking, or search, or the animal is in the custody of or under the
control of a Law Enforcement Officer, Department of Corrections Officer,
Municipal Police Department, Fire Department or a rescue unit or agency.
B.
The offense of assault on a police animal is a misdemeanor, unless
the assault results in the death of such animal or disables such animal
to the extent it is unable to be utilized as a police animal, in which
case it is a felony.