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A. 
As used in this Section, the following words shall mean:
PROPERTY
Everything 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 and all things defined as property under State law.
STEAL
To appropriate by exercising dominion over property in a manner inconsistent with the rights of the owner, either by taking, obtaining, using, transferring, concealing or retaining possession of his property.
B. 
It shall be unlawful for any person to intentionally steal the property of another, either without his consent or by means of deceit.
C. 
If the property stolen within the meaning of Subsection (B) is a chattel and the person charged with stealing the same proves by a preponderance of the evidence that no further transfer was made, and that, at the time of the appropriation he intended merely to use the chattel and promptly to return or discontinue his use of it, he has a defense to a prosecution under this Section. "Chattel" as used in this Section does not include money, securities, negotiable instruments, documents of title, postage or revenue stamp or other valuable papers.
D. 
A person who appropriates lost property shall not be deemed to have stolen the same within the meaning of Subsection (B) unless such property is found under circumstances which give the finder knowledge of or means of inquiry as to the true owner.
[1]
State Law Reference — For similar provisions, see RSMo. § 570.030.
[Rev. Ord. No. 34, § 87, 10-21-1912; Ord. No. 2020-15, 4-28-2020[1]]
A. 
Trespass In The First Degree.
1. 
A person commits the offense of trespass in the first (1st) 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 in the first (1st) 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:
a. 
Actual communication to the actor; or
b. 
Posting in a manner reasonably likely to come to the attention of those not authorized to be there.
B. 
Trespass In The Second Degree. A person commits the offense of trespass in the second (2nd) degree if he/she enters unlawfully upon real property of another. This is an offense of absolute liability.
[1]
Editor's Note: Ord. No. 2020-15 also changed the title of this Section from "Trespassing Upon Private Property" to "Trespassing."
[Ord. No. 2008-30 §§ 1 — 18, 11-25-2008]
A. 
Definitions. As used in this Section, the following words have the meaning indicated:
CANVASSER
A person who attempts to make personal contact with a resident at his/her residence, without prior specific invitation or appointment from the resident, for the primary purpose of:
1. 
Attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause, or
2. 
Distributing a handbill or flyer advertising a non-commercial event or service.
PEDDLER
A person who attempts to make personal contact with a resident at his/her residence, without prior specific invitation or appointment from the resident, for the primary purpose of attempting to sell a good or service. A "peddler" does not include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good or service that is offered to the resident for purchase at a location away from the residence or at a time different from the time of visit. Such a person is a "solicitor".
SOLICITOR
A person who attempts to make personal contact with a resident at his/her residence, without prior specific invitation or appointment from the resident, for the primary purpose of:
1. 
Attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, charitable, political or religious purpose, even if incidental to such purpose there is the sale of some good or service, or
2. 
Distributing a handbill or flyer advertising a commercial event or service.
B. 
Exception. This Section shall not apply to a Federal, State or local government employee or a public utility employee in the performance of his/her duty for his/her employer. It does not apply to: community organizations, schools, scouts, religious groups or non-profit organizations.
C. 
Identification Card Required for Peddlers and Solicitors, Available for Canvassers. No person shall act as a peddler or as a solicitor within the City without first obtaining an identification card in accordance with this Section. A canvasser is not required to have an identification card but any canvasser wanting an identification card for the purpose of reassuring City residents of the canvasser's good faith shall be issued one upon request.
D. 
Fee. The fee for the issuance of each identification card shall be:
1.
For a peddler acting on behalf of a merchant otherwise licensed to do business within the City
no fee
2.
For a peddler acting on behalf of a merchant not otherwise licensed to do business within the City
a fee of $5.00 per day
3.
For a solicitor (including a commercial solicitor advertising an event, activity, good or service for purchase at a location away from the residence)
no fee
4.
For a canvasser requesting an identification card
no fee
E. 
Application for Identification Card. Any person or organization (formal or informal) may apply for one (1) or more identification cards by completing an application form at the office of the issuing officer during regular office hours.
F. 
Contents of Application. The applicant (person or organization) shall provide the following information:
1. 
Name of applicant.
2. 
Number of identification cards required.
3. 
The name, physical description and photograph of each person for which a card is requested. In lieu of this information, a driver's license, State identification card, passport or other government-issued identification card (issued by a government within the United States) containing this information may be provided and a photocopy taken. If a photograph is not supplied, the City will take an instant photograph of each person for which a card is requested at the application site. The actual cost of the instant photograph will be paid by the applicant.
4. 
The permanent and (if any) local address of the applicant.
5. 
The permanent and (if any) local address of each person for whom a card is requested.
6. 
A brief description of the proposed activity related to this identification card. (Copies of literature to be distributed may be substituted for this description at the option of the applicant.)
7. 
Date and place of birth for each person for whom a card is requested and (if available) the social security number of such person.
8. 
A list of all infraction, offense, misdemeanor and felony convictions of each person for whom a card is requested for the seven (7) years immediately prior to the application.
9. 
The motor vehicle make, model, year, color and State license plate number of any vehicle which will be used by each person for whom a card is requested.
10. 
If a card is requested for a peddler:
a. 
The name and permanent address of the business offering the event, activity, good or service (i.e., the peddler's principal).
b. 
A copy of the principal's sales tax license as issued by the State of Missouri, provided that no copy of a license shall be required of any business which appears on the City's annual report of sales tax payees as provided by the Missouri Department of Revenue.
c. 
The location where books and records are kept of sales which occur within the City and which are available for City inspection to determine that all City sales taxes have been paid.
11. 
If a card is requested for a solicitor:
a. 
The name and permanent address of the organization, person or group for whom donations (or proceeds) are accepted.
b. 
The web address for this organization, person or group (or other address) where residents having subsequent questions can go for more information.
12. 
Any other information the applicant wishes to provide, perhaps including copies of literature to be distributed, references to other municipalities where similar activities have occurred, etc.
G. 
Issuance of Identification Card. The identification card(s) shall be issued promptly after application but in all cases within sixteen (16) business hours of completion of an application, unless it is determined within that time that:
1. 
The applicant has been convicted of a felony or a misdemeanor involving moral turpitude within the past seven (7) years.
2. 
With respect to a particular card, the individual for whom a card is requested has been convicted of any felony or a misdemeanor involving moral turpitude within the past seven (7) years, or
3. 
Any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
H. 
Investigation. During the period of time following the application for one (1) or more identification cards and its issuance, the City shall investigate as to the truth and accuracy of the information contained in the application. If the City has not completed this investigation within the sixteen (16) business hours provided in Subsection (G), the identification card will nonetheless be issued, subject, however, to administrative revocation upon completion of the investigation.
I. 
Identification Cards of Other City. Instead of the application procedure above, if an applicant produces identification cards issued by another City having an ordinance substantially the same as this one, the issuing officer may in his discretion immediately issue identification cards without the necessity of a formal application or investigation.
J. 
Denial — Administrative Revocation. If the issuing officer denies (or upon completion of an investigation revokes) the identification card to one (1) or more persons, he shall immediately convey the decision to the applicant orally and shall within sixteen (16) working hours after the denial prepare a written report of the reason for the denial which shall be immediately made available to the applicant. Upon receipt of the oral notification and even before the preparation of the written report, the applicant shall have at his option an appeal of the denial of his application before the following tribunal:
1. 
The City Council at its next regular meeting or, if the next regular meeting is more than ten (10) days from the denial of the application, at a special meeting to be held within that ten (10) day period, due notice of which is to be given to the public and the applicant, or
2. 
Before the Municipal Court of the City, provided that such a hearing will be scheduled within ten (10) days of the request, due notice of which is to be given to the public and the applicant.
K. 
Hearing on Appeal. If the applicant requests a hearing under Subsection (J), the hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri and review from the decision (on the record of the hearing) shall be had to the Circuit Court of the County in which the City is located. The hearing shall also be subject to the Missouri Open Meetings and Records law.
L. 
Display of Identification Card. Each identification card shall be (when the individual for whom it was issued is acting as a peddler or solicitor) worn on the outer clothing of the individual, so as to be reasonably visible to any person who might be approached by said person.
M. 
Validity of Identification Card. An identification card shall be valid within the meaning of this Section for a period of six (6) months from its date of issuance or the term requested, whichever is less.
N. 
Revocation of Card. In addition to the administrative revocation of an identification card, a card may be revoked for any of the following reasons:
1. 
Any violation of this Section by the applicant or by the person for whom the particular card was issued.
2. 
Fraud, misrepresentation or incorrect statement made in the course of carrying on the activity.
3. 
Conviction of any felony or a misdemeanor involving moral turpitude within the last seven (7) years.
4. 
Conducting the activity in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
The revocation procedure shall be initiated by the filing of a complaint by the City Attorney or the issuing officer pursuant to the State Administrative Procedure Act and a hearing before the tribunal identified in Subsection (J) above.
O. 
"No Visit" List. The issuing officer shall maintain a list of persons within the City who restrict visits to their residential property (including their leasehold, in the case of a tenant) by peddlers, solicitors and canvassers. The issuing officer may provide a form to assist residents and this form may allow the resident to select certain types of visits that the resident finds acceptable while refusing permission to others. This "no visit" list shall be a public document available for public inspection and copying. A copy of the "no visit" list shall be provided to each applicant for and each recipient of an identification card. If a canvasser chooses not to apply for an identification card, it will be the responsibility of that canvasser to obtain in some other way a copy of the current "no visit" list.
P. 
Distribution of Handbills and Commercial Flyers. In addition to the other regulations contained herein, a solicitor or canvasser leaving handbills or commercial flyers about the community shall observe the following regulations:
1. 
No handbill or flyer shall be left at or attached to any sign utility pole, transit shelter or other structure within the public right-of-way. The Police are authorized to remove any handbill or flyer found within the right-of-way.
2. 
No handbill or flyer shall be left at or attached to any privately owned property in a manner that causes damage to such privately owned property.
3. 
No handbill or flyer shall be left at or attached to any of the property:
a. 
Listed on the City "no visit" list, or
b. 
Having a "no solicitor" sign of the type described in Subsection (Q)(1) or (Q)(2).
4. 
Any person observed distributing handbills or flyers shall be required to identify himself/herself to the Police (either by producing an identification card or other form of identification). This is for the purpose of knowing the likely identity of the perpetrator if the City receives a complaint of damage caused to private property during the distribution of handbills or flyers.
Q. 
General Prohibitions. No peddler, solicitor or canvasser shall:
1. 
Enter upon any private property where the property has clearly posted in the front yard a sign visible from the right-of-way (public or private) indicating a prohibition against peddling, soliciting and/or canvassing. Such sign need not exceed one (1) square foot in size and may contain words such as "no soliciting" or "no solicitors" in letters of at least two (2) inches in height. (The phrase "no soliciting" or "no solicitors" shall also prohibit peddlers and canvassers.)
2. 
Remain upon any private property where a notice in the form of a sign or sticker is placed upon any door or entrance way leading into the residence or dwelling at which guests would normally enter, which sign contains the words "no soliciting" or "no solicitors" and which is clearly visible to the peddler, solicitor or canvasser.
3. 
Enter upon any private property where the current occupant has posted the property on the City's "no visit" list (except where the posting form indicates the occupant has given permission for this type of visit), regardless of whether a front yard sign is posted.
4. 
Use or attempt to use any entrance other than the front or main entrance to the dwelling or step from the sidewalk or indicated walkway (where one exists) leading from the right-of-way to the front or main entrance, except by express invitation of the resident or occupant of the property.
5. 
Remove any yard sign, door or entrance sign that gives notice to such person that the resident or occupant does not invite visitors.
6. 
Enter upon the property of another except between the hours of 9:00 A.M. and 8:00 P.M.
Except that the above prohibitions shall not apply when the peddler, solicitor or canvassers has an express invitation from the resident or occupant of a dwelling allowing him/her to enter upon any posted property.
R. 
Violation to be Prosecuted as Trespass. Any person violating any part of this Section shall have committed a trespass on such property and shall be prosecuted under the general trespass ordinance of the City. The penalty for such violation shall be the same as for any other trespass.
[1]
Editor's Note — Ord. no. 2008-30 § 21, adopted November 25, 2008, repealed section 18-19.1 "all solicitation prohibited — penalty" and enacted new provisions set out herein. Former section 18-19.1 derived from ord. no. 83-12, §§ 2 — 4, 8-16-83.
[Rev. Ord. No. 34, § 6, 10-21-1912]
Whoever shall, in the City, blast or cause to be blasted with powder or other explosive substances, any rock or other substances, without having such rock or other substances, at the time of setting off the blast, covered on all sides of the orifice with good, sound plank, timber or other material of sufficient width, length, thickness and weight, and so placed as to effectually prevent fragments of the rock or other substances from ascending into the air, shall be deemed guilty of a misdemeanor.
[Rev. Ord. No. 34, § 54, 10-21-1912]
Any person, within the City, who shall engage in or aid, or abet any other person in any game, device, trick or scheme, or by means of any deception whatsoever designed or intended to cheat, swindle or defraud any person out of any money or thing of value, or who shall attempt to aid another in attempting to cheat, swindle or defraud anyone out of any money or thing of value, by means of any trick, scheme, device or deception, or by any false representation, statement or pretense, or by any means, or instrument or device, commonly called the "confidence game", or who shall have in his possession any device, instrument, trick or tool used or designed to be used in any game, slight-of-hand performance or scheme of any character, intended or designed to cheat, swindle or defraud any person out of money or thing of value, shall be deemed guilty of a misdemeanor.
[Rev. Ord. No. 34, § 60, 10-21-1912]
Every person who shall willfully destroy, disfigure or injure any wall, fence, hedge, monument, tombstone, tree or shrubbery around or within any cemetery, graveyard or burial ground for any other purpose than a burial ground, or shall be guilty of any unseemly, offensive or lascivious conduct within or about such burial ground, shall be deemed guilty of a misdemeanor. The provisions of this Section shall apply to all cemeteries, graveyards, or burial grounds within the City, and to all such burial grounds within five (5) miles thereof belonging to the City, or which are or may be used for the interment or sepulcher of the inhabitants of the City, whether belonging to the City or to any person, company, corporation, church or association.
[Rev. Ord. No. 34, § 70, 10-21-1912]
Any person who shall take from or deposit on any street, alley, thoroughfare, sidewalk or other public place of the City, or on property not owned or controlled by him, without having lawful authority to do so, any turf, loam, gravel, rock or other material, shall be deemed guilty of a misdemeanor.
[Rev. Ord. No. 34, § 79, 10-21-1912]
Any person who shall, in the City, remove, take or tear down, deface, mark, injure or destroy any sign belonging to another, or shall deface, injure or remove any sign indicating the number of any street, without having lawful authority to do so, shall be deemed guilty of a misdemeanor.
[Ord. No. 80-15, § 1, 9-2-1980]
It shall be unlawful for any person to cause, or contribute to cause, any damage, injury, marking, cutting, scarring, scraping, burning, defacing or vandalism to any item of public or private property, real or personal property, whether said damage as described above shall be in whole or in any part.
[Ord. No. 78-15 §§ 1 — 3, 11-20-1978]
A. 
The practice of being in and upon private residences in the City of Lexington, Missouri, by solicitors, peddlers, hawkers, itinerant merchants, and transient vendors of merchandise, not having been requested or invited so to do by the owner or owners, occupant or occupants of said private residences, for the purpose of soliciting orders for the sale of goods, wares and merchandise, and/or for the purpose of disposing of and/or peddling or hawking the same, is hereby declared to be a nuisance, and punishable as such nuisance as a misdemeanor.
B. 
The City Marshal and Police Force of the City of Lexington are hereby required and directed to suppress the same, and to abate any such nuisance as is described in Subsection (A) hereof.
C. 
Any person convicted of perpetrating a nuisance, as described and prohibited in Subsection (A) hereof, upon conviction thereof shall be fined a sum not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100.00) together with costs of proceeding, which said fine may be satisfied, if not paid in cash by execution against the person of anyone convicted of committing the misdemeanor as herein prohibited.