As used in this Article, the following terms mean:
A person enters or remains in or upon premises when he or
she is not licensed or privileged to do so. A person who, regardless
of his or her purpose, enters or remains in or upon premises which
are at the time open to the public does so with license and privilege
unless he or she defies a lawful order not to enter or remain, personally
communicated to him or her by the owner of such premises or by other
authorized person. A license or privilege to enter or remain in a
building which is only partly open to the public is not a license
or privilege to enter or remain in that part of the building which
is not open to the public.
To interfere with something improperly, to meddle with it,
displace it, make unwarranted alterations in its existing condition,
or to deprive, temporarily, the owner or possessor of that thing.
An enterprise which provides gas, electric, steam, water,
sewage disposal, or communication, video, internet, or voice over
internet protocol services, and any common carrier. It may be either
publicly or privately owned or operated.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person does not commit an offense by damaging, tampering with,
operating, riding in or upon or making connection with property of
another if he/she does so under a claim of right and has reasonable
grounds to believe he/she has such a right.
B.
The defendant shall have the burden of injecting the issue of claim
of right.
C.
No person who, as a tenant, willfully or wantonly destroys, defaces,
damages, impairs or removes any part of a leased structure or dwelling
unit, or the facilities, equipment or appurtenances thereof, may inject
the issue of claim of right.
A.
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.
B.
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:
[Ord. No. 16-029 §1, 7-5-2016]
A person commits the offense of climbing upon and/or jumping
from a public bridge if he/she climbs the infrastructure, railing
or fencing or jumps from the deck, infrastructure, railing or fencing
of any public bridge within the corporate limits of the City of Ozark.
A person commits the offense of reckless burning or exploding
if he/she recklessly starts a fire or causes an explosion and thereby
damages or destroys the property of another.
A.
A
person commits the offense of negligent burning or exploding if he/she
with criminal negligence causes damage to property or to the woodlands,
cropland, grassland, prairie, or marsh of another by:
A.
A person commits the offense of stealing if he or she:
1.
Appropriates property or services of another with the purpose
to deprive him or her thereof, either without his or her consent or
by means of deceit or coercion;
2.
Attempts to appropriate anhydrous ammonia or liquid nitrogen
of another with the purpose to deprive him or her thereof, either
without his or her consent or by means of deceit or coercion; or
3.
For the purpose of depriving the owner of a lawful interest
therein, receives, retains or disposes of property of another knowing
that it has been stolen, or believing that it has been stolen.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
No person shall drive a motor vehicle so as to cause it to leave
the premises of an establishment at which motor fuel offered for retail
sale was dispensed into the fuel tank of such motor vehicle unless
payment or authorized charge for motor fuel dispensed has been made.
B.
A person found guilty or pleading guilty to stealing pursuant to section 215.1110 for the theft of motor fuel as described in Subsection (A) shall have his/her driver's license suspended by the court beginning on the date of the court's order of conviction. The person shall submit all of his/her operator's and chauffeur's licenses to the court upon conviction and the court shall forward all such driver's licenses and the order of suspension of driving privileges to the Department of Revenue for administration of such order.
[1]
Editor's Note: This Section previously pertained to receiving
stolen property. However, the authorizing statute, former RSMo. §570.080,
was repealed without replacement by SB 491 in the 2014 Legislative
Session, effective 1-1-2017.
A.
A person commits the offense of stealing leased or rented property
if, with the intent to deprive the owner thereof, such person:
1.
Purposefully fails to return leased or rented personal property
having a value of less than seven hundred fifty dollars ($750.00)
to the place and within the time specified in an agreement in writing
providing for the leasing or renting of such personal property;
2.
Conceals or aids or abets the concealment of the property from
the owner;
3.
Sells, encumbers, conveys, pawns, loans, abandons or gives away
the leased or rented property or any part thereof, without the written
consent of the lessor, or without informing the person to whom the
property is transferred to, that the property is subject to a lease;
4.
Returns the property to the lessor at the end of the lease term,
plus any agreed upon extensions, but does not pay the lease charges
agreed upon in the written instrument, with the intent to wrongfully
deprive the lessor of the agreed upon charges.
B.
The provisions of this Section shall apply to all forms of leasing
and rental agreements including, but not limited to, contracts which
provide the consumer options to buy the leased or rented personal
property, lease-purchase agreements and rent-to-own contracts. For
the purpose of determining if a violation of this Section has occurred,
leasing contracts which provide options to buy the merchandise are
owned by the owner of the property until such time as the owner endorses
the sale and transfer of ownership of the leased property to the lessee.
C.
Evidence that a lessee used a false, fictitious, or not current name,
address, or place of employment in obtaining the property or that
a lessee fails or refuses to return the property or pay the lease
charges to the lessor within seven (7) days after written demand for
the return has been sent by certified mail, return receipt requested,
to the address the person set forth in the lease agreement, or in
the absence of the address, to the person's last known place of residence,
shall be evidence of intent to violate the provisions of this Section,
except that if a motor vehicle has not been returned within seventy-two
(72) hours after the expiration of the lease or rental agreement,
such failure to return the motor vehicle shall be prima facie evidence
of the intent of the offense of stealing leased or rented property.
Where the leased or rented property is a motor vehicle, if the motor
vehicle has not been returned within seventy-two (72) hours after
the expiration of the lease or rental agreement, the lessor may notify
the local law enforcement agency of the failure of the lessee to return
such motor vehicle, and the local law enforcement agency shall cause
such motor vehicle to be put into any appropriate State and local
computer system listing stolen motor vehicles. Any Law Enforcement
Officer which stops such a motor vehicle may seize the motor vehicle
and notify the lessor that he/she may recover such motor vehicle after
it is photographed and its vehicle identification number is recorded
for evidentiary purposes. Where the leased or rented property is not
a motor vehicle, if such property has not been returned within the
seven-day period prescribed in this Subsection, the owner of the property
shall report the failure to return the property to the local law enforcement
agency, and such law enforcement agency may within five (5) days notify
the person who leased or rented the property that such person is in
violation of this Section, and that failure to immediately return
the property may subject such person to arrest for the violation.
D.
This Section shall not apply if such personal property is a vehicle
and such return is made more difficult or expensive by a defect in
such vehicle which renders such vehicle inoperable if the lessee shall
notify the lessor of the location of such vehicle and such defect
before the expiration of the lease or rental agreement or within ten
(10) days after proper notice.
E.
Any person who has leased or rented personal property of another who destroys such property so as to avoid returning it to the owner commits the offense of property damage pursuant to Section 569.100, RSMo., or section 215.1040 of this Code in addition to being in violation of this Section.
F.
Venue shall lie in the County where the personal property was originally
rented or leased.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A person commits the offense of passing a bad check when he/she:
1.
With the purpose to defraud, makes, issues or passes a check
or other similar sight order or any other form of presentment involving
the transmission of account information for the payment of money knowing
that it will not be paid by the drawee or that there is no such drawee;
or
2.
Makes, issues or passes a check or other similar sight order
or any other form of presentment involving the transmission of account
information for the payment of money, knowing that there are insufficient
funds in or on deposit with that account for the payment of such check,
sight order or other form of presentment involving the transmission
of account information in full and all other checks, sight orders
or other forms of presentment involving the transmission of account
information upon such funds then outstanding, or that there is no
such account or no drawee and fails to pay the check or sight order
or other form of presentment involving the transmission of account
information within ten (10) days after receiving actual notice in
writing that it has not been paid because of insufficient funds or
credit with the drawee or because there is no such drawee.
B.
As used in Subsection (A)(2) of this Section, "actual notice in writing" means notice of the non-payment which is actually received by the defendant. Such notice may include the service of summons or warrant upon the defendant for the initiation of the prosecution of the check or checks which are the subject matter of the prosecution if the summons or warrant contains information of the ten-day period during which the instrument may be paid and that payment of the instrument within such ten-day period will result in dismissal of the charges. The requirement of notice shall also be satisfied for written communications which are tendered to the defendant and which the defendant refuses to accept.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
MERCANTILE ESTABLISHMENT
MERCHANDISE
MERCHANT
WRONGFUL TAKING
Definitions. As used in this Section, the following
definitions shall apply:
Any mercantile place of business in, at or from which goods,
wares and merchandise are sold, offered for sale or delivered from
and sold at retail or wholesale.
All goods, wares and merchandise offered for sale or displayed
by a merchant.
Any corporation, partnership, association or person who is
engaged in the business of selling goods, wares and merchandise in
a mercantile establishment.
Includes stealing of merchandise or money and any other wrongful
appropriation of merchandise or money.
B.
Any merchant, his/her agent or employee, who has reasonable grounds
or probable cause to believe that a person has committed or is committing
a wrongful taking of merchandise or money from a mercantile establishment,
may detain such person in a reasonable manner and for a reasonable
length of time for the purpose of investigating whether there has
been a wrongful taking of such merchandise or money. Any such reasonable
detention shall not constitute an unlawful arrest or detention, nor
shall it render the merchant, his/her agent or employee criminally
or civilly liable to the person so detained.
C.
Any person willfully concealing unpurchased merchandise of any mercantile establishment, either on the premises or outside the premises of such establishment, shall be presumed to have so concealed such merchandise with the intention of committing a wrongful taking of such merchandise within the meaning of Subsection (A), and the finding of such unpurchased merchandise concealed upon the person or among the belongings of such person shall be evidence of reasonable grounds and probable cause for the detention in a reasonable manner and for a reasonable length of time of such person by a merchant, his/her agent or employee in order that recovery of such merchandise may be effected, and any such reasonable detention shall not be deemed to be unlawful nor render such merchant, his/her agent or employee criminally or civilly liable.
A.
Every purchaser or collector of, or dealer in, junk, scrap metal
or any secondhand property shall keep a register containing a written
or electronic record for each purchase or trade in which each type
of metal subject to the provisions of this Section is obtained for
value. There shall be a separate record for each transaction involving
any:
1.
Copper, brass or bronze;
2.
Aluminum wire, cable, pipe, tubing, bar, ingot, rod, fitting
or fastener;
3.
Material containing copper or aluminum that is knowingly used
for farming purposes as farming is defined in Section 350.010, RSMo.;
whatever may be the condition or length of such metal; or
4.
Catalytic converter.
B.
The record required by this Section shall contain the following data:
1.
A copy of the driver's license or photo identification issued
by the State or by the United States Government or agency thereof
to the person from whom the material is obtained;
2.
The current address, gender, birth date, and a photograph of the person from whom the material is obtained if not included or are different from the identification required in Subsection (B)(1) of this Subsection;
3.
The date, time and place of the transaction;
4.
The license plate number of the vehicle used by the seller during
the transaction;
5.
A full description of the metal, including the weight and purchase
price.
C.
The records required under this Section shall be maintained for a
minimum of twenty-four (24) months from when such material is obtained
and shall be available for inspection by any Law Enforcement Officer.
D.
Anyone convicted of violating this Section shall be guilty of an
ordinance violation.
E.
This Section shall not apply to any of the following transactions:
1.
Any transaction for which the total amount paid for all regulated
scrap metal purchased or sold does not exceed fifty dollars ($50.00),
unless the scrap metal is a catalytic converter;
2.
Any transaction for which the seller, including a farm or farmer,
has an existing business relationship with the scrap metal dealer
and is known to the scrap metal dealer making the purchase to be an
established business or political subdivision that operates a business
with a fixed location that can be reasonably expected to generate
regulated scrap metal and can be reasonably identified as such a business;
or
[Ord. No. 12-034 §1, 9-17-2012]
A.
Every person, firm or corporation, except pawnbrokers licensed pursuant to Chapter 610 of this Code, who is regularly engaged in or conducting business for the purchase, sale, barter, exchange, recycling or reselling of antiques, coins, any metal including, but not limited to, aluminum, copper, gold, silver, brass, bronze and platinum, gems and semiprecious stones, watches, firearms, power tools, hand tools, computers, electronic equipment, cameras and camera equipment, including, but not limited to, film, digital and videotape still and motion picture cameras and camcorders and associated recording and viewing equipment, electronic game equipment and game cartridges or discs, compact digital discs (CDs), digital video discs (DVD or Blu Ray), musical instruments and equipment, bicycles and any self-propelled device not required to be licensed by the State Department of Revenue, including, but not limited to, every flea market merchant, secondhand dealer of the goods described in this Section, coin dealer, jeweler and junk dealer, both wholesale and retail, shall keep a permanent record in which he/she/it/they shall enter a description of all personal property, including precious gems or metals purchased by him/it/them, except those items purchased from wholesale dealers in such items, including any number, letter, marking or engraving that may be on such property for purposes of identification, including any owner applied markings. This record shall also contain all of the information required pursuant to Subsection (B) herein. For purposes of this Section, the term "engaged
in or conducting business" means the purchase, sale, barter
or exchange of any item mentioned in this Subsection, including the
advertising therefore, and including such business conducted by an
established dealer in a permanent location, and including any temporary,
transient or itinerant business, whether or not such dealer is engaged
in other business activities at such locations.
B.
Every
person, firm or corporation required to make and maintain records
pursuant to this Section shall make a daily report to the Chief of
Police giving a complete description (or, in lieu thereof, a color
photograph) of all articles purchased or taken in barter or exchange
by him/it/them including the date of the transaction, any number,
letter, marking or engraving that may be on such property for the
purposes of identification, including any owner applied markings and
the first and last name, residential address, driver's license number,
military identification number, identification certificate number,
or other official number capable of identifying the seller, race,
sex, color of eyes and hair, date of birth, height and weight and
telephone number of the person from whom the purchase was made and
for all property purchased or taken in batter or exchange an acknowledgment
that the seller provided the dealer at the time of the sale or barter
or exchange with a signed document that the seller had a right to
sell the property.
C.
If
such property contains in whole or in part a precious gem or metal
and such property is difficult to describe, the property shall be
photographed and the photograph shall be included to the permanent
record describing the property. The account of the purchase price
shall also be recorded.
D.
The
permanent record shall not be defaced or erased and shall be open
to any Peace Officer as defined in Missouri Revised Statutes Section
590.010 together with the article purchased provided that the articles
shall remain in the possession of the dealer. For purposes of this
Article, a secondhand dealer shall include, but not be limited to,
those persons who purchase items for resale at flea markets and persons
other than wholesale dealers in such items.
E.
Every
person, firm or corporation required to keep permanent records under
this Section shall keep those records for a period of at least two
(2) years from the date of the purchase.
F.
Effective January 1, 2013 and thereafter, each person, firm or corporation required to keep permanent records and daily reports herein shall make their reports of the purchase of the property described herein electronically as set out in Missouri Revise Statutes Section 367.031 and shall report the information prescribed by that Statute and Section 215.1260 of this Code to the electronic database as authorized by Statute. If more than one (1) database is available for such reporting, each person, firm or corporation shall make their reports to the database directed for such reporting by the Chief of Police. The database designation information shall be on file with and available at the Police Department and with the City Clerk.
G.
Every person, firm or corporation required to make and maintain records pursuant to this Section, in addition to the report required in this Section, shall make a report of any purchase, sale, barter or exchange of scrap metal, including aluminum, copper, platinum and all other metals regardless of kind or type, with a value of fifty dollars ($50.00) or more within twenty-four (24) hours of the purchase, sale, barter or exchange to the Chief of Police in an electronic database designated by the Chief as set forth in Subsection (B) hereof and said information shall be completed in full without any missing data or information.
H.
Any
person selling or providing for barter or exchange any of the items
described in this Section must provide the person, firm or corporation
acquiring said goods with a valid government-issued card or document
to complete the forms and reports required herein.
[Ord. No. 12-034 §1, 9-17-2012]
No gold, silver, diamonds or other precious or semiprecious gems or precious metals received or purchased by any person, firm or corporation subject to Section 215.1250 shall be removed from a designated location within the City within seven (7) days after receipt thereof nor shall any such precious gems or precious metals be melted or recut within seven (7) days from the receipt thereof. Further, no person, firm or corporation shall sell, transfer ownership or possession or otherwise remove from said designated location any goods of any kind or type, including, but not limited to, all items described in Section 215.1250(A) received in purchase, sale, barter or exchange for twenty-four (24) hours from the time of the receipt of such goods.
