[R.O. 2011 § 215.010; R.O. 2009
§ 130.01; CC 1981 § 20-92; Ord. No. 96-350, 12-4-1996]
A.
No person shall cut, remove, deface or
in any manner injure, damage, molest, destroy, disturb or interfere
with real or personal property owned or controlled by the City.
B.
No person shall cut, destroy, remove, disturb
or injure any plant, flower, shrub, tree or bush growing upon any
property owned or controlled by the City.
C.
No person shall willfully deface, injure,
tamper with, break, disturb, interfere with, damage or destroy any
property, real or personal, belonging to or under the control of another.
D.
No person shall maliciously deface or damage
the Historical Flood Marker at the site of the old slope gauge along
the Missouri River in the vicinity of Monroe Street extended.
E.
No person shall use the Historical Flood
Marker at the site of the old slope gauge along the Missouri River
in the vicinity of Monroe Street extended as a tie-down or anchoring
device for any type of boat or barge.
[R.O. 2011 § 215.020]
A.
A person commits the offense of library
theft if with the purpose to deprive, such person:
1.
Knowingly removes any library material
from the premises of a library without authorization; or
2.
Borrows or attempts to borrow any
library material from a library by use of a library card:
3.
Borrows library material from any
library pursuant to an agreement or procedure established by the library
which requires the return of such library material and, with the purpose
to deprive the library of the library material, fails to return the
library material to the library; or
4.
Knowingly writes on, injures, defaces,
tears, cuts, mutilates, or destroys a book, document, or other library
material belonging to, on loan to, or otherwise in the custody of
a library.
B.
It shall be prima facie evidence of the
person's purpose to deprive the library of the library materials if,
within ten (10) days after notice in writing deposited as certified
mail from the library demanding the return of such library material,
such person without good cause shown fails to return the library material.
A person is presumed to have received the notice required by this
Subsection if the library mails such notice to the last address provided
to the library by such person. Payment to the library, in an amount
equal to the fair market value of an item of no historical significance
shall be considered returning the item for purposes of this Subsection.
C.
The offense of library theft is an ordinance
violation if the value of the library materials is less than five
hundred dollars ($500.00).
[R.O. 2011 § 215.030; R.O. 2009
§ 130.03; CC 1981 §§ 20-94, 29-120; Ord. No. 83-100, 11-2-1983]
A.
It shall be unlawful for any person to
fill or otherwise obstruct the free passage of water through any sewer,
gutter, trench or channel dug or made or used for the purpose of carrying
off water or draining any street or other place within this City.
B.
It shall be unlawful within the City for
any person to place, dump or cause to be placed or dumped within,
about or near any stream, creek, waterway or watercourse any debris,
trees, branches, grass, dirt, rubbish, vegetable matter or trash,
whether upon public or private property notwithstanding the permission
of the owner of such location.
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;
or
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; or
3.
He/she left the hotel, restaurant,
inn or boarding house with the intent to not pay for property or services;
or
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.
State Law Reference: Similar provisions, §§ 570.030,
570.060, RSMo.
[R.O. 2011 § 215.040; R.O. 2009
§ 130.05; CC 1981 §§ 20-96(a),(b), 20-97(a),(b),
20-98; Ord. No. 3432, 10-5-1966; Ord.
No. 75-22, 5-7-1975; Ord. No. 76-9, 1-21-1976; Ord. No. 79-52, 6-6-1979; Ord. No. 01-168, 7-19-2001]
A.
First Degree.
1.
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.
2.
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:
B.
Second Degree.
1.
A person commits the offense of trespass
in the second degree if he/she enters unlawfully upon real property
of another. This is an offense of absolute liability.
2.
A person commits the offense of trespass
in the second degree if he/she enters upon real property of another
and remains thereon without the written permission of the owner.
C.
Public Property. Any person who enters
in or on any public land and interferes with or threatens the health
or safety of any occupant of that property or damages the property
or interferes with the normal function of that property or any part
thereof or interferes with the closing of such property or refuses
to quit that property upon the request of the persons lawfully in
charge thereof shall be guilty of an ordinance violation.
D.
Trespass On Docking Facilities. No person
shall use the City's docking facility, ramps, barges, boats or dolphins
located along the Missouri River adjacent to the parking lot at the
eastern end of Boone's Lick as a tie-down, anchoring device or dock
for any type of boat, barge or other floating device without written
permission from the City.
[1]
State Law Reference: Similar provisions, §§ 569.140
– 569.150, RSMo.
[R.O. 2011 § 215.060; R.O. 2009
§ 130.06; CC 1981 § 20-99]
It shall be unlawful for any person
to take from or deposit on any street, alley, thoroughfare, sidewalk
or other public place of this City or on any property not owned or
controlled by him/her, without having lawful authority to do so, any
turf, loam, gravel, rock or other material.
[R.O. 2011 § 215.070; R.O. 2009
§ 130.07; CC 1981 § 20-101; Ord. No. 87-182, 9-8-1987]
No person shall swim, wade or bathe
in or ride or drive through any public fountain. A "public fountain"
shall mean any fountain of water, including the pool of water surrounding
the fountain of water, which is owned and maintained by the City.
[R.O. 2011 § 215.080]
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; or
2.
Unlawfully rides in or upon another's
automobile, airplane, motorcycle, motorboat or other motor-propelled
vehicle; or
3.
Tampers or makes connection with
property of a utility; or
4.
Tampers with, or causes to be tampered
with, any meter or other property of an electric, gas, 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. 2011 § 215.090; R.O. 2009
§ 130.09; Ord. No. 98-161, 4-17-1998; Ord. No. 07-162, 6-11-2007]
A.
GRAFFITI
GRAFFITI ABATEMENT PROCEDURE
Definitions. For the purpose of this Section,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
The defacing, damaging or destroying by the spraying of paint
or marking of ink, chalk, dye or other similar substances in the form
of drawings, inscriptions, figures or marks on public and private
buildings, structures and places without the prior consent of the
owner.
A procedure which identifies graffiti, issues notice to the
landowner to abate the graffiti and provides remedies in the absence
of a response.
B.
It shall be unlawful for any person to
write, paint or draw any graffiti upon any wall, rock, bridge, building,
fence, gate or other structure, tree or other real or personal property,
whether publicly or privately owned.
C.
When appropriate and in addition to a fine
and/or imprisonment, the courts should require those who commit acts
of defacement of public or private property through the application
of graffiti to restore the property so defaced, damaged or destroyed.
The public is hereby encouraged to cooperate in the elimination of
graffiti by reporting to the St. Charles Police Department the incidents
of the application of graffiti which they observe. Any person who
provides useful information leading to the arrest and prosecution
of any person(s) who applies graffiti as outlined in this Section
within the City limits shall be eligible for a reward of up to fifty
dollars ($50.00) as determined appropriate by the Mayor.
D.
Notice Of Removal And Hearing.
1.
Whenever the Chief of Police, Director
of Community Development or their designees determine that graffiti
exists on any public or private buildings, structures or places which
are visible to any person utilizing any public right-of-way in the
City, be it road, parkway, alley or otherwise, and that seasonal temperatures
permit the painting of exterior surfaces, the City may cause a notice
to be issued to abate such nuisance. The property owner shall have
ten (10) days after the date of the notice to remove or paint over
the graffiti or request a hearing to be held by the Director of Community
Development to determine if the graffiti constitutes a nuisance or
the graffiti will be subject to abatement by the City. If a hearing
is requested, it shall be held within thirty (30) days of the request.
If the Director of Community Development determines, after hearing,
that a nuisance does exist, the property owner shall have ten (10)
days from the date of the determination to remove or paint over the
graffiti.
2.
The notice to abate graffiti pursuant
to this Section will be a written notice to be served upon the owner(s)
of the affected premises, as such owner's name and address appears
on the last property tax assessment rolls of the County. If there
is no known address for the owner, the notice shall be sent or posted
in care of the property address. The notice required by this Section
may be served in any of the following manners:
3.
The notice shall be substantially
in the following form:
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NOTICE OF INTENT TO REMOVE GRAFFITI
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Date: __________
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NOTICE IS HEREBY GIVEN that you are
required by law at your expense to remove or paint over the graffiti
located on the property located at ____________________, St. Charles,
Missouri, which is visible to public view, within ten (10) days after
the date of this notice or within the ten (10) days request a hearing
thereon by contacting the Director of Community Development. If the
graffiti is not removed or painted over or a hearing requested within
the ten (10) days, the City will enter upon your property and abate
the public nuisance by removal or painting over the graffiti. The
cost of the abatement by the City employees or its private contracts
will be assessed upon your property and such costs, if not paid by
you within ten (10) days of the abatement, will constitute a lien
upon the land until paid.
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4.
Upon failure of person(s) to comply
with the notice by the designated date or within ten (10) days after
any hearing where a nuisance is found, the City is authorized to cause
the graffiti to be abated by City employees or private contract and
the City or its private contractor is expressly authorized to enter
upon the premises for such purposes. All reasonable efforts to minimize
damage from such entry shall be taken by the City. If City employees
accomplish the removal of the graffiti or other inscribed material,
they shall not authorize nor undertake to provide for the painting
or repair of any more extensive area than that where the graffiti
or other inscribed material is located.
5.
Any and all costs incurred by the
City in the abatement of the graffiti nuisance under the provisions
of this Section, which authorized assessment of the cost, may constitute
a lien against the property upon which such nuisance existed and shall
be collected in the same manner as is provided in this Code of Ordinances.
[R.O. 2011 § 215.100; R.O. 2009
§ 96.12; Ord. No. 09-213, 12-3-2009]
A.
It shall be unlawful to spray or cause
to be discharged pesticide on real property without the consent of
the owner. This Section shall not apply to the spraying or discharging
of pesticide by a political subdivision. For purposes of this Section,
a "pesticide" is any substance or mixture of substances intended for
preventing, destroying, repelling or mitigating any insect, snail,
rodent, nematode, fungus, weed or any other form of terrestrial or
aquatic plant or animal life or virus or bacterium or other microorganism,
except viruses, bacteria or other microorganisms on or in a living
human being or other living animals, which is normally considered
to be a pest.
[R.O. 2011 § 215.110; Ord. No. 13-133 § 1, 7-16-2013]
