[1]
Cross Reference: As to penalty, § 100.150; as to disturbing grave or burial site, § 250.020.
[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:
a. 
Without the consent of the person to whom it was issued; or
b. 
Knowing that the library card is revoked, canceled or expired; or
c. 
Knowing that the library card is falsely made, counterfeit or materially altered; or
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:
a. 
Actual communication to the actor; or
b. 
Posting in a manner reasonably likely to come to the attention of intruders.
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:
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 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. 
Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GRAFFITI
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.
GRAFFITI ABATEMENT PROCEDURE
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:
a. 
By personal service on the owner, occupant or person in charge or control of the property.
b. 
By registered or certified mail addressed to the owner at the owner's last known address. If this is unknown, the notice will be sent to or be posted on the property address.
3. 
The notice shall be substantially in the following form:
NOTICE OF INTENT TO REMOVE GRAFFITI
Date: __________
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.
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.
B. 
Any person violating this Section shall be punished as provided in Section 100.150.