[Ord. No. 90-45 §5-100, 5-2-1990]
The following words, terms and phrases, when used in Section
205.150 to
205.280 shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
APPROPRIATE
To take, obtain, use, transfer, conceal or retain possession
of.
COERCION
A threat, however communicated to:
2.
Inflict physical injury in the future on the person threatened
or another;
3.
Accuse any person of any crime;
4.
Expose any person to hatred, contempt or ridicule;
5.
Harm the credit or business repute of any person;
6.
Take or withhold action as a public servant, or to cause a public
servant to take or withhold action;
7.
Inflict any other harm which would not benefit the actor. A
threat of accusation, lawsuit or other invocation of official action
is not coercion if the property sought to be obtained by virtue of
the threat was honestly claimed as restitution or indemnification
for harm done in the circumstances to which the accusation, exposure,
lawsuit or other official action relates, or as compensation for property
or lawful service. The defendant shall have the burden of injecting
the issue of justification as to any threat.
DECEIT
Purposely making a representation which is false and which
the actor does not believe to be true and upon which the victim relies,
as to a matter of fact, law, value, intention or other state of mind.
The term "deceit" does not, however, include falsity
as to matters having no pecuniary significance, or puffing by statements
unlikely to deceive ordinary persons in the group addressed. Deception
as to the actor's intention to perform a promise shall not be inferred
from the fact alone that he did not subsequently perform the promise.
DEPRIVE
1.
To withhold property from the owner permanently;
2.
To restore property only upon payment of reward or other compensation;
3.
To use or dispose of property in a manner that makes recovery
of the property by the owner unlikely.
OF ANOTHER
Property or services 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, except that property shall not be deemed property
of another who has only a security interest therein, even if legal
title is in the creditor pursuant to a conditional sales contract
or other security arrangement.
PROPERTY
Anything of value, whether real or personal, tangible or
intangible, in possession or in action, and shall include but not
be limited to the evidence of a debt actually executed but not delivered
or issued as a valid instrument.
SERVICES
Includes transportation, telephone, electricity, gas, water,
cable television services, or other public service, accommodation
in hotels, restaurants or elsewhere, admission to exhibitions and
use of vehicles.
[Ord. No. 90-45 §5-105, 5-2-1990]
A person commits the offense of stealing if he appropriates
property or services of another with the purpose to deprive him thereof,
either without his consent or by means of deceit or coercion.
[Ord. No. 90-45 §5-110, 5-2-1990]
A person who appropriates lost property shall not be deemed to have stolen that property within the meaning of Section
205.150, unless the property is found under circumstances which gave the finder knowledge of or means of inquiry as to the true owner.
[Ord. No. 90-45 §5-115, 5-2-1990]
A person commits the offense of receiving stolen property if
for the purpose of depriving the owner of a lawful interest therein,
he receives, retains or disposes of property of another knowing that
it has been stolen, or believing that it has been stolen.
[Ord. No. 90-45 §5-120, 5-2-1990; Ord. No. 07-21 §1, 6-6-2007]
A. A person
commits the offense of passing a bad check when, with purpose to defraud,
he issues or passes a check or other similar sight order for any amount
for the payment of money, knowing that it will not be paid by the
drawee or that there is no such drawee.
B. If
the issuer had no account with the drawee or if there was no such
drawee at the time the check or order was issued, this fact shall
be prima facie evidence of his purpose to defraud and of his knowledge
that the check or order would not be paid.
C. If
the issuer has an account with the drawee, failure to pay the check
or order within ten (10) days after notice in writing that it has
not been honored because of insufficient funds or credit with the
drawee is prima facie evidence of his purpose to defraud and of his
knowledge that the check or order would not be paid.
D. Notice
in writing means notice deposited as first class mail in the United
States mail and addressed to the issuer at his address as it appears
on the dishonored check or to his last known address.
[Ord. No. 90-45 §5-125, 5-2-1990]
A. A person
commits the offense of fraudulent use of a credit device if he uses
a credit 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 use of the device is unauthorized.
[Ord. No. 90-45 §5-130, 5-2-1990]
A. A person
commits the offense of tampering if he:
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; or
3. 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;
b. To permit the diversion of any electric, gas, steam or water service.
[Ord. No. 90-45 §5-135, 5-2-1990]
A. A person
commits the offense of property damage if he:
1. Knowingly damages property of another; or
2. Damages property for the purpose of defrauding an insurer.
B. In
addition to the penalty provided, if the property involved is owned
by or under the management or control of the City, any person convicted
of a violation of this Section shall pay to the City the cost of repairing
or replacing such property.
[Ord. No. 94-92 §1, 12-7-1994]
A. Definition. The following word when used in this Section
shall have the meaning prescribed herein:
GRAFFITI
The altering, defacing, damaging or otherwise marring of
any property visible to public view by means of marking said property
surfaces with various inscriptions, signs, symbols, or figures by
means of paint, ink, chalk, dye, or other similar substance.
B. Prohibition.
1. It shall be unlawful for any person to write, paint or draw upon
any wall, rock, bridge, building, fence, gate, other structure, tree,
or other real or personal property, either publicly or privately owned,
any drawing, inscription, figure, or mark of the type which is commonly
known and referred to as graffiti within the City.
2. Persons who knowingly commit the offense of graffiti may also be in violation of Section
205.210 (property damage) and Chapter
515 (signs and billboards) of this Code of Ordinances for the City of Bridgeton, Missouri.
C. Graffiti Declared a Public Nuisance.
1. The application of graffiti upon walls, rocks, bridges, buildings,
fences, gates, other structures, trees, and other real and personal
property within the Corporate boundaries of the City of Bridgeton
constitutes a nuisance;
2. Graffiti on public and private property depreciates the value of
the property, as well as the adjacent and surrounding properties,
and negatively impacts upon the entire community and in the interest
of the health, safety and general welfare of the City, immediate steps
must be taken to remove this nuisance.
D. Notice to Property Owner to Abate — Performance by City on
Failure. Whenever the nuisance created by the presence of
graffiti shall exist on any public or private property, the City may
notify in writing the owners and occupants of the property on which
the nuisance exists to have the same forthwith removed or abated.
Should the owner or occupant fail to have same removed within ten
(10) days, the City may from the time of service of said notice, have
same removed or abated forthwith.
[Ord. No. 90-45 §5-140, 5-2-1990]
A. A person
commits the offense of trespass in the first degree if he knowingly
enters unlawfully or knowingly remains unlawfully in a building or
inhabitable structure or upon real property.
B. A person
does not commit the crime of trespass in the first degree 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:
2. Posting in a manner reasonably likely to come to the attention of
intruders.
[Ord. No. 90-45 §5-145, 5-2-1990]
A person commits the offense of trespass in the second degree
if he enters unlawfully upon real property of another. This is an
offense of absolute liability.
[Ord. No. 90-45 §5-150, 5-2-1990]
No person shall be permitted to offer or advertise merchandise
or other goods for sale or hire, or to maintain any concession, or
use any park facilities, buildings, trails, roads or other City park
property for commercial use except by written permission of concession
contract with the City.
[Ord. No. 90-45 §5-155, 5-1-1990]
It is declared a nuisance for any person to remove carts, baskets
or other devices, furnished by merchants for the convenience of customers,
from the merchant's premises without a written consent of said merchant.
[Ord. No. 90-45 §5-160, 5-2-1990]
A person commits the offense of littering if he throws or places,
or causes to be thrown or placed, any glass, glass bottles, wire,
nails, tacks, hedge, cans, garbage, trash, refuse or rubbish of any
kind, nature or description on the right-of-way of any public road
or State highway or on or in any of the waters in this City or on
the banks of any stream, or on any land or water owned, operated or
leased by the City, any Board, Department, Agency or Commission thereof
or on any land or water owned, operated or leased by the State or
Federal Government or on any private real property owned by another
without his consent.
[Ord. No. 90-45 §5-165, 5-2-1990]
A. It
is unlawful for any person to throw wastepaper, tin cans, bottles
or rubbish of any kind, or contaminate in any manner in any spring,
pool or stream within a City Park; nor shall any person other than
authorized personnel of the City cut, prune, pick or deface or injure
in any manner the flowers, trees, shrubs or any other flora growing
on the land or in the water of any City Park.
B. No
object of archaeological or historical value or interest within a
City Park may be removed, injured, disfigured, defaced or destroyed
except by authorized personnel.
[Ord. No. 90-45 §5-170, 5-2-1990]
A. No
person or persons shall put any dead animal, carcass or part thereof,
the offal or any other filth into any well, spring, brook, branch,
creek, pond or like.
B. No
person shall remove or cause to be removed any place in or near any
public road or highway, or upon premises not his own, or in any river,
stream or watercourse any dead animal, carcass or part thereof, or
other nuisance, to the annoyance of the citizens of this City, or
any of them.