[Ord. No. 624 §1, 12-21-1998; Ord. No. 752 §§1 — 2, 11-18-2002]
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, and the
value of the property or services appropriated is less than five hundred
dollars ($500.00).
B. Evidence
of the following is admissible in any criminal prosecution under this
Section on the issue of the requisite knowledge or belief of the alleged
stealer:
1. He failed or refused to pay for property or services of a hotel,
restaurant, inn or boardinghouse;
2. He gave in payment for property or services of a hotel, restaurant,
inn or boardinghouse a check or negotiable paper on which payment
was refused;
3. He left the hotel, restaurant, inn or boardinghouse with the intent
to not pay for property or services;
4. He surreptitiously removed or attempted to remove his baggage from
a hotel, inn or boardinghouse.
C. Any person who violates this Section shall be subject to the penalty provisions in Section
100.010 of this Code.
[Ord. No. 541 §1, 2-20-1996; Ord.
No. 625 §1, 12-21-1998]
A. No
person shall buy, or in any way receive or possess, any personal property
which has been unlawfully taken from another.
B. Upon proof that any personal property has been unlawfully taken from the possession or control of another, and that within six (6) months after said unlawful taking said property has been in the possession or under the control of any person, said person shall be guilty of violating Subsection
(A) hereof unless said person shall affirmatively prove that:
1. Before buying or receiving or coming into possession of said property,
a good-faith inquiry was made as to the source of said property sufficient
to provide a reasonable belief that said property had not been taken
unlawfully from another; or
2. The property was acquired at a price and under circumstances sufficient
to provide a reasonable belief that said property had not been taken
unlawfully from another; or
3. The person complied with Section 447.010 of the Revised Statutes
of Missouri relating to the duty of persons finding lost property.
4. The value of property shall be less than seven hundred fifty dollars
($750.00).
C. Nothing
contained in this Section shall apply to legally qualified Police
Officers or other persons whose bona fide duty requires them to come
into possession or receive personal property unlawfully taken from
another in the discharge of their official duties.
D. Any person, firm or corporation who violates this Section shall be subject to the penalty provisions in Section
100.010 of this Code.
[CC §12.06 — 12.10; Ord. No. 32, 12-16-1974]
A. Authorization To Dispose Of. The City Manager of the City
of St. John is hereby authorized and empowered to dispose of any and
all personal property confiscated by the City of St. John or the instrumentalities
thereof, whether governmental or private, under or by virtue of the
ordinances of the City of St. John.
B. Disposition — How Made. At the discretion of the City
Manager, he shall cause to be published in a newspaper of general
circulation within the City a list and description of the articles
of personal property in the possession of the City of St. John or
private concerns which have been confiscated under the ordinances
of the City and which are unclaimed by the lawful owner within a period
of ninety (90) days from confiscation thereof.
C. Sale To Highest Bidder. The personal property so listed
and described shall be offered for sale to the highest bidder by inviting
sealed bids to be received in the office of the City Clerk within
such time as the City Manager deems advisable.
D. Sales Final. All sales made pursuant hereto shall be final
and each purchaser shall take the property on an "as is, where is"
basis.
E. Proceeds. All proceeds derived from the sale less costs
incurred, shall be delivered forthwith to the City Manager or his
agent and be made a part of General Revenue.
[Ord. No. 973 §1, 10-17-2011]
It shall be unlawful for any person to remove any items that
have been deposited in a recycle cart at the curb for pickup by the
company who is granted the exclusive franchise for such pickup by
the City.
[Ord. No. 775 §1, 8-4-2003]
A. A person
commits the offense of passing a bad check when:
1. With purpose to defraud, he makes, issues or passes a check or other
similar sight order for the payment of money, knowing that it will
not be paid by the drawee, or that there is no such drawee; or
2. He makes, issues, or passes a check or other similar sight order
for the payment of money, knowing that there are insufficient funds
in his account or that there is no such account or no drawee and fails
to pay the check or sight order 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 Subparagraph (2) of Subsection
(A) of this Section, actual notice in writing means notice of the nonpayment 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 (10) day period during which the instrument may be paid and that payment of the instrument within such ten (10) 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.
C. The
face amounts of any bad checks passed pursuant to one course of conduct
within any ten (10) day period may be aggregated in determining the
grade of the offense.
D. Passing
bad checks under five hundred dollars ($500.00) is a misdemeanor.
A. A person
commits the offense of property damage if:
1. He knowingly damages property of another; or
2. He damages property for the purpose of defrauding an insurer.
B. Property
damage is a misdemeanor.
[CC §12.15; Ord. No.
281, 11-3-1986]
A. The
City of St. John is hereby authorized to obtain, take and receive
all money and property authorized by any State or Federal Law to be
forfeited to or for the benefit of the City of St. John.
B. The
City Manager and City Attorney are hereby empowered to authorize the
initiation of or participation in any legal proceedings by the City
necessary or appropriate to effectuate the City's rights with respect
to any forfeiture of any property.
C. The
City Manager is hereby authorized and empowered to receive any funds
or property forfeited to or for the benefit of the City and to take,
manage and dispose of such money or property as provided by law.
D. The
City Manager is hereby authorized and empowered to sell on behalf
of the City any forfeited property which may be received by the City
pursuant to the applicable ordinances of the City of St. John. The
City Manager shall obtain from each person purchasing any item at
such auction a receipt for each item purchased, containing a description
of the item or items, the amount paid for each item and the name and
address of the purchaser.
E. The
City Manager shall place all funds received by the City as forfeited
property or from the sale of forfeited property in appropriate accounts
of the City.
F. All
forfeited funds or funds from forfeited property received by the City
shall be paid into the General Revenues of the City unless the applicable
law relating to such forfeited funds or property requires the use
thereof for a specified purpose. Any forfeited funds, property or
proceeds thereof required by law to be used for a specified purpose
are herein called Special Purpose Property of Funds. The City shall
use Special Purpose Property of Funds only for the purposes specified
in the law authorizing the City to receive such forfeited funds or
property.
G. Authorization
of the use or expenditure of Special Purpose Property of Funds shall
be made by the City Council.
H. The
City Manager and all other appropriate Officers of the City are authorized
and empowered to sign any applications, documents or other papers
and to do any and all things necessary or appropriate to obtain any
forfeited funds or property on behalf of the City.
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 offense 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; or
2. Posting in a manner reasonably likely to come to the attention of
intruders.
C. Trespass
in the first degree is a misdemeanor.
A. 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.
B. Trespass
in the second degree is an infraction.
[Ord. No. 522 §1, 8-21-1995]
A. A person
commits the offense of tampering in the second degree if he:
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 Subparagraph (4) of Subsection
(A), 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 Subparagraph (4) of Subsection
(A), 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 subparagraph by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.
[CC §11.27; Ord. No.
32, 12-16-1974]
If shall be unlawful to tamper with, or remove any sign, notice,
marker, fire alarm box, fire plug, parking meter or any other property
erected or placed by the City.
[CC §11.28; Ord. No.
32, 12-16-1974]
It shall be unlawful to fasten in any way any show card, poster
or other advertising device upon public or private property in the
City unless legally authorized to do so.
[CC §11.29, Ord. No.
32, 12-16-1974]
It shall be unlawful to throw or permit to be deposited or scattered
upon any sidewalk, alley, street, bridge, public passageway, or private
property or any open stormwater creek any waste or other material
of any kind.
[CC §11.30; Ord. No.
32, 12-16-1974]
It shall be unlawful to move, disturb, or take any earth, stone
or other material from any public street, alley, park or other public
ground without the consent of the City or its duly authorized agent
or representative.
[CC §11.32; Ord. No.
32, 12-16-1974]
There shall be a reward in an amount not to exceed one hundred
dollars ($100.00) by the City of St. John for information leading
to the arrest and conviction of any person or persons charged with
the destruction of City property.
[CC §11.295; Ord.
No. 452 §§1-2, 12-21-1992]
A. It
shall be unlawful for any person, firm or corporation to intentionally
deposit, rake or dump any leaves, grass clippings or yard waste on
any public street, curb, right-of-way or property owned by the City
of St. John.
B. Any person, firm or corporation who is found in violation of the provisions of this Section shall, upon conviction, be subject to the penalty prescribed in Section
100.010.
[Ord. No. 710 §§1-3, 8-9-2001]
A. It
shall be unlawful for any person, firm or corporation to intentionally
place, deposit or allow any portable basketball or hockey goal on
any public street, curb, sidewalk or right-of-way owned by the City
of St. John.
B. The
placement of said goals shall be on private property and shall be
at least five (5) feet from any street or curb.
C. Any person, firm or corporation who is found in violation of the provisions of this Section shall upon conviction be subject to the penalty provisions as prescribed in Section
100.010 of the Municipal Code of the City of St. John.
[Ord. No. 828 §§1
— 3, 4-18-2005]
A. No
person, firm or corporation shall at any time place, park or leave
a portable storage container or dumpster on any street or public right-of-way
or on private property without first obtaining a permit from the City.
B. Unattended donation/collection boxes shall be allowed on commercial
property only with the property owner's written consent, and
may remain on the permitted site for a maximum of forty-eight (48)
hours per year.
[Ord. No. 1155, 10-1-2018]
C. Any person, firm or corporation who violates the provisions of this Section shall be subject to the penalty provisions of Section
100.010 of the Municipal Code of the City of St. John.
[CC §§11.110, 11.111; Ord. No. 406 §§1-2, 5-6-1991]
A. Graffiti
on private property which is visible to the general public shall constitute
a nuisance. The Code Enforcement Officer is hereby authorized and
empowered to notify, in writing, the owner of the property bearing
such graffiti that said graffiti constitutes a public nuisance and
must be removed within ten (10) days. At the discretion of the Code
Enforcement Officer, removal of said graffiti may be extended up to
an additional twenty (20) days in cases where the owner has demonstrated
good faith in having the graffiti removed.
B. Any person, firm or corporation violating any provision of this Section shall be subject to the penalty provision as provided for in Section
100.010 of this Code.
[CC §12.19; Ord. No.
388 §§1-2, 6, 8-6-1990]
A. Definitions. As used in this Section, the following terms
shall have the meanings given in this Subsection:
BIAS CRIME
A criminal act or ordinance violation committed as a result
of any motive or intent relating to, or antipathy, animosity or hostility
based upon, the race, color, gender, religion, national origin, age,
ancestry, sexual orientation, disability, handicap or health-related
condition of an individual or group of individuals.
DEFACE
To place on any public or private property any symbol, object,
characterization, appellation, or graffiti, including, but not limited
to, a burning cross or Nazi swastika.
OF ANOTHER
Property 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.
TAMPER
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.
B. Institutional Vandalism. No person shall knowingly vandalize,
deface or otherwise damage:
1. Any church, synagogue or other building, structure or place used
for religious worship or other religious purpose;
2. Any cemetery, mortuary, military monument or other facility used
for the purpose of burial or memorializing the dead;
3. Any school, educational facility, community center, hospital or medical
clinic owned or operated by a religious or sectarian group;
4. The grounds adjacent to, and owned or rented by, any institution,
facility, building, structure or other place described in Paragraphs
(1), (2), or (3) of this Subsection; or
5. Any personal property contained in any institution, facility, building,
structure or place described in Paragraphs (1), (2), or (3) of this
Subsection or on the grounds of such places.