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;
2. 
Unlawfully rides in or upon another's automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle;
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 paragraph (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 paragraph (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 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.
A. 
A person commits the offense of property damage if:
1. 
He/she knowingly damages property of another; or
2. 
He/she damages property for the purpose of defrauding an insurer.
[1]
Note — Under certain circumstances this offense can be a felony under state law.
[R.O. 2009 §13-58; Ord. No. 865 §1, 6-27-1995]
A. 
As used in this Section, the word "graffiti" shall mean and refer to any word, phrase, motto, name, design, symbol or picture written, scribbled, painted, drawn, etched or scratched directly onto an exterior surface on public or private property.
B. 
No person shall cause graffiti to be placed upon any public or private building, fence, wall, bridge, sidewalk, road, parking area, driveway or similar structure, nor shall the owner thereof suffer the same to remain thereon.
C. 
No person under the age of twenty-one (21) years may be in possession of any spray paint or any container thereof, nor any permanent or semi-permanent paint pens or similar device while in or upon any public or private road, sidewalk, parking area, driveway, park or premises unless the minor is accompanied by his/her parent or legal guardian.
D. 
The parent or guardian, excluding foster parents, of any unemancipated minor under eighteen (18) years of age in their care and custody, found guilty of causing graffiti to be placed as prohibited in Subsection (B) above, shall be liable for the payment of reasonable damages and the cost of removal of such graffiti, up to an amount not to exceed two thousand dollars ($2,000.00), payable to the owner of the property upon which the graffiti was placed, if the parent or guardian has been given written notice of the possible liability provided herein and has been afforded an opportunity to be heard relative to such liability by the judge of the Municipal Court. The liability provided in this Subsection shall not be a bar to any action or proceeding against the unemancipated minor for violation of this Section or for damages not paid by the parent or guardian.
E. 
The Building Commissioner, if aware that graffiti is found upon any property in violation of this Section, shall order the owner of the property to remove and abate the same within a reasonable time to be determined by the Building Commissioner. Notice to remove shall be delivered by first class mail addressed to the owner at his/her last known address, by personal service or by posting notice on the property. Any person to whom notice to abate is given may appeal the determination of the Building Commissioner by requesting a hearing at which evidence may be presented. Such hearing must be requested in writing and delivered to the City Clerk within fifteen (15) days of the date of the Commissioner's notice and shall state the reasons why the order is in error or unwarranted. Upon request for such a hearing, the abatement order shall be stayed pending hearing and determination of the appeal. The hearing shall be held before the Building Commissioner who shall issue a determination of the appeal in writing. Any party aggrieved by the determination of the Building Commissioner may appeal such determination to the Circuit Court of St. Louis County in accord with the provisions of Chapter 536, RSMo., by filing a notice of appeal with the Circuit Court within fifteen (15) days of the Commissioner's decision.
F. 
In addition to the abatement provisions of this Chapter, any person found guilty of violating any provision of this Section or failing to abate graffiti in accord with an order of the Building Commissioner may, upon conviction, be punished as provided in Section 100.220 of this Code of Ordinances.
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.
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:
1. 
Actual communication to the actor; or
2. 
Posting in a manner reasonably likely to come to the attention of intruders.
A. 
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.
B. 
Trespass in the second degree is an infraction.
A person commits the offense of trespass of a school bus if he/she knowingly and unlawfully enters any part of or unlawfully operates any school bus.
A person commits the offense of reckless burning or exploding when he/she knowingly starts a fire or causes an explosion and thereby recklessly damages or destroys a building or an inhabitable structure of another.
A person commits the offense of negligent burning or exploding when he/she with criminal negligence causes damage to property of another by fire or explosion.
[R.O. 2009 §13-96; Ord. No. 391 §1, 7-10-1979; Ord. No. 1079 §3, 4-26-2005]
A. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
LITTER
Any organic or inorganic waste material, rubbish, refuse, garbage, trash, hulls, peelings, debris, grass, weeds, ashes, sand, gravel, slag, brickbats, metal, plastic and glass containers, broken glass, dead animals or intentionally or unintentionally discarded materials of every kind and description.
PROPERTY
Public or private property.
B. 
It Shall Be Unlawful To Litter. A person commits the crime of littering if he/she dumps, deposits, throws, leaves, causes or permits the dumping, depositing, placing, throwing or leaving of litter or allows unsecured materials to drop or shift off of vehicle loads onto any property in this City or any waters in this City unless:
1. 
The property is designated by the State or by any of its agencies or political subdivisions for the disposal of such litter and such person is authorized by the proper public authority to use such property; and
2. 
The litter is placed into a receptacle or container installed on such property; or
3. 
The person is the owner of such property, has obtained consent of the owner or is acting under the personal direction of the owner, all in a manner consistent with the public welfare.
C. 
Evidence Of Littering.
1. 
Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane or other conveyance in violation of this Section, it shall be prima facie evidence that the operator of the conveyance has violated this Section.
2. 
Except as provided in Subsection (C)(1) above, whenever any litter which is dumped, deposited, thrown or left on property in violation of this Section is discovered to contain any article, including, but not limited to, letters, bills, publications or other writing which display the name of the person thereon in such a manner to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this Section.
D. 
Penalties. In addition to the penalties set out in the General Penalty Section of the City Code, the court may:
1. 
Order the violator to reimburse the City for the reasonable cost of removing the litter when the litter is or is ordered removed by the City; and/or
2. 
Order the violator to pick up and remove any and all litter from any public property, private right-of-way for a distance not to exceed one (1) mile or, with prior permission of the legal owner or tenant in lawful possession of private property, any such private property upon which it can be established by competent evidence that he/she has deposited litter, including any litter he/she has deposited and any litter deposited thereon by anyone else prior to the date of execution of sentence.
[1]
Cross Reference — As to buildings and building regulations, ch. 500.
State Law Reference — Similar provisions, §577.070, RSMo.
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;
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;
3. 
He/she left the hotel, restaurant, inn or boarding house with the intent to not pay for property or services;
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.
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 210.360 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.
A. 
A person commits the offense of receiving stolen property if, for the purpose of depriving the owner of a lawful interest therein, he/she receives, retains or disposes of property of another knowing that it has been stolen or believing that it has been stolen.
B. 
Evidence of the following is admissible in any criminal prosecution pursuant to this Section to prove the requisite knowledge or belief of the alleged receiver that:
1. 
He/she was found in possession or control of other property stolen on separate occasions from two (2) or more persons;
2. 
He/she received other stolen property in another transaction within the year preceding the transaction charged;
3. 
He/she acquired the stolen property for a consideration which he/she knew was far below its reasonable value; or
4. 
He/she obtained control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce a person to believe the property was stolen.
[1]
Note — Under certain circumstances this offense can be a felony under state law.
[R.O. 2009 §13-100; Ord. No. 400 §4, 7-10-1979]
A. 
A person who appropriates lost property shall not be deemed to have stolen that property unless such property is found under circumstances which gave the finder knowledge of or means of inquiry as to the true owner.
B. 
The defendant shall have the burden of injecting the issue of lost property.
[1]
State Law Reference — Similar provisions, §570.060, RSMo.
A. 
A person commits the offense of financial exploitation of an elderly or disabled person if such person knowingly and by deception, intimidation or force obtains control over the elderly or disabled person's property with the intent to permanently deprive the elderly or disabled person of the use, benefit or possession of his/her property thereby benefiting such person or detrimentally affecting the elderly or disabled person. Financial exploitation of an elderly or disabled person is an ordinance violation if the value of the property is less than fifty dollars ($50.00).
B. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
DECEPTION
A misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly or disabled person or to the existing or pre-existing condition of any of the property involved in such contract or agreement or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly or disabled person to enter into a contract or agreement.
"Deception" includes:
1. 
Creating or confirming another person's impression which is false and which the offender does not believe to be true.
2. 
Failure to correct a false impression which the offender previously has created or confirmed.
3. 
Preventing another person from acquiring information pertinent to the disposition of the property involved.
4. 
Selling or otherwise transferring or encumbering property, failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid or is or is not a matter of official record.
5. 
Promising performance which the offender does not intend to perform or knows will not be performed. Failure to perform standing alone is not sufficient evidence to prove that the offender did not intend to perform.
DISABLED PERSON
A person with a mental, physical or developmental disability that substantially impairs the person's ability to provide adequately for the person's care or protection.
ELDERLY PERSON
A person sixty (60) years of age or older.
INTIMIDATION
A threat of physical or emotional harm to an elderly or disabled person, or the communication to an elderly or disabled person that he/she will be deprived of food and nutrition, shelter, prescribed medication, or medical care and treatment.
C. 
Nothing in this Section shall be construed to limit the remedies available to the victim pursuant to any State law relating to domestic violence.
D. 
Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly or disabled person in the management of his/her property, but through no fault of his/her own has been unable to provide such assistance.
E. 
Nothing in this Section shall limit the ability to engage in bona fide estate planning, to transfer property, and to otherwise seek to reduce estate and inheritance taxes; provided that such actions do not adversely impact the standard of living to which the elderly or disabled person has become accustomed at the time of such actions.
F. 
It shall not be a defense to financial exploitation of an elderly or disabled person that the accused reasonably believed that the victim was not an elderly or disabled person.
[1]
Note — Under certain circumstances this offense can be a felony under state law.
A. 
A person commits the offense of fraudulent use of a credit device or debit device if the person uses a credit device or debit 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/her use of the device is unauthorized; or
4. 
Uses a credit device or debit device for the purpose of paying property taxes and knowingly cancels said charges or payment without just cause. It shall be prima facie evidence of a violation of this Section if a person cancels said charges or payment after obtaining a property tax receipt to obtain license tags from the Missouri Department of Revenue.
[1]
Note — Under certain circumstances this offense can be a felony under state law.
A. 
A person commits the offense of deceptive business practice if in the course of engaging in a business, occupation or profession he/she recklessly:
1. 
Uses or possesses for use a false weight or measure or any other device for falsely determining or recording any quality or quantity;
2. 
Sells, offers or exposes for sale or delivers less than the represented quantity of any commodity or service;
3. 
Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he/she furnishes the weight or measure;
4. 
Sells, offers or exposes for sale adulterated or mislabeled commodities; or
5. 
Makes a false or misleading written statement for the purpose of obtaining property or credit.
A. 
A person commits the offense of alteration or removal of item numbers if he/she with the purpose of depriving the owner of a lawful interest therein:
1. 
Destroys, removes, covers, conceals, alters, defaces or causes to be destroyed, removed, covered, concealed, altered or defaced the manufacturer's original serial number or other distinguishing owner-applied number or mark on any item which bears a serial number attached by the manufacturer or distinguishing number or mark applied by the owner of the item for any reason whatsoever;
2. 
Sells, offers for sale, pawns or uses as security for a loan any item on which the manufacturer's original serial number or other distinguishing owner-applied number or mark has been destroyed, removed, covered, concealed, altered or defaced; or
3. 
Buys, receives as security for a loan or in pawn, or in any manner receives or has in his/her possession any item on which the manufacturer's original serial number or other distinguishing owner-applied number or mark has been destroyed, removed, covered, concealed, altered or defaced.
[1]
Note — Under certain circumstances this offense can be a felony under state law.
A. 
A person commits the offense of failing to return leased or rented property if, with the intent to deprive the owner thereof, he/she purposefully fails to return leased or rented personal property to the place and within the time specified in an agreement in writing providing for the leasing or renting of such personal property. In addition, any person who has leased or rented personal property of another, who conceals the property from the owner or who otherwise sells, pawns, loans, abandons or gives away the leased or rented property is guilty of the offense of failing to return leased or rented property. 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.
B. 
It shall be prima facie evidence of the offense of failing to return leased or rented property when a person who has leased or rented personal property of another willfully fails to return or make arrangements acceptable with the lessor to return the personal property to its owner at the owner's place of business within ten (10) days after proper notice following the expiration of the lease or rental agreement, except that if the 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 failing to return 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 ten (10) 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.
C. 
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.
D. 
Proper notice by the lessor shall consist of a written demand addressed and mailed by certified or registered mail to the lessee at the address given at the time of making the lease or rental agreement. The notice shall contain a statement that the failure to return the property may subject the lessee to criminal prosecution.
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 shall be guilty of property damage pursuant to Section 210.300 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 ordinance violation of theft of cable television service if he/she:
1. 
Knowingly obtains or attempts to obtain cable television service without paying all lawful compensation to the operator of such service, by means of artifice, trick, deception or device; or
2. 
Knowingly assists another person in obtaining or attempting to obtain cable television service without paying all lawful compensation to the operator of such service; or
3. 
Knowingly connects to, tampers with or otherwise interferes with any cables, wires or other devices used for the distribution of cable television if the effect of such action is to obtain cable television without paying all lawful compensation therefor; or
4. 
Knowingly sells, uses, manufactures, rents or offers for sale, rental or use any device, plan or kit designed and intended to obtain cable television service in violation of this Section; or
5. 
Knowingly attempts to connect to, tamper with, or otherwise interfere with any cable television signal, cables, wires, devices, or equipment, which is used for the distribution of cable television and which results in the unauthorized use of a cable television system or the disruption of the delivery of the cable television service. Nothing in this Section shall be construed to prohibit, restrict, or otherwise limit the purchase, sale, or use of any products, including without limitation hardware, software, or other items, intended to provide services and features to a customer who has lawfully obtained a connection from a cable company.
B. 
Any cable television operator may bring an action to enjoin and restrain any violation of the provisions of this Section or bring an action for conversion. In addition to any actual damages, an operator may be entitled to punitive damages and reasonable attorney fees in any case in which the court finds that the violation was committed willfully and for purposes of commercial advantage. In the event of a defendant's verdict the defendant may be entitled to reasonable attorney fees.
C. 
The existence on the property and in the actual possession of the accused of any connection wire, or conductor, which is connected in such a manner as to permit the use of cable television service without the same being reported for payment to and specifically authorized by the operator of the cable television service 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 the accused has committed the crime of theft of cable television service.
D. 
If a cable television company either:
1. 
Provides unsolicited cable television service; or
2. 
Fails to change or disconnect cable television service within ten (10) days after receiving written notice to do so by the customer, the customer may deem such service to be a gift without any obligation to the cable television company from ten (10) days after such written notice is received until the service is changed or disconnected.
E. 
Nothing in this Section shall be construed to render unlawful or prohibit an individual or other legal entity from owning or operating a video cassette recorder or devices commonly known as a satellite receiving dish for the purpose of receiving and utilizing satellite-relayed television signals for his/her own use.
F. 
As used in this Section, the term "cable television service" includes microwave television transmission from a multipoint distribution service not capable of reception by conventional television receivers without the use of special equipment.
[R.O. 2009 §13-120; Ord. No. 1073 §1, 9-28-2004]
A. 
A person commits the offense of identity theft if he/she knowingly and with the intent to deceive or defraud obtains, possesses, transfers, uses or attempts to obtain, possess, transfer or use one (1) or more means of identification not lawfully issued for his/her use. Any person accused of identity theft may be prosecuted in the Municipal Court provided:
1. 
The offense was committed wholly or partly within the City;
2. 
The victim resides in the City; or
3. 
The property obtained, or attempted to be obtained, was located in the City.
B. 
The term "means of identification", as used in this Chapter, includes, but is not limited to, the following:
1. 
Social Security numbers;
2. 
Driver's license numbers;
3. 
Checking account numbers;
4. 
Savings account numbers;
5. 
Credit card numbers;
6. 
Debit card numbers;
7. 
Personal identification (PIN) code;
8. 
Electronic identification numbers;
9. 
Digital signatures;
10. 
Any other numbers or information that can be used to access a person's financial resources;
11. 
Biometric data;
12. 
Fingerprints;
13. 
Passwords;
14. 
Parent's legal surname prior to marriage;
15. 
Passports; or
16. 
Birth certificates.
C. 
Any person convicted of committing an offense established by this Section shall be subject to punishment as set out in Section 100.220 and in accordance with State Statutes.
D. 
In addition to the punishment under Subsection (C), the court may order that the defendant make restitution to any victim of the offense. Restitution may include payment for any costs, including attorney fees, incurred by the victim:
1. 
In clearing the credit history or credit rating of the victim; and
2. 
In connection with any civil or administrative proceeding to satisfy any debt, lien or other obligation of the victim arising from the actions of the defendant.
E. 
This Section shall not apply to the following activities:
1. 
A person obtains the identity of another person to misrepresent his/her age for the sole purpose of obtaining alcoholic beverages, tobacco, going to a gaming establishment or another privilege denied to minors;
2. 
A person obtains means of identification or information in the course of a bona fide consumer or commercial transaction;
3. 
A person exercises, in good faith, a security interest or right of offset by a creditor or financial institution;
4. 
A person complies, in good faith, with any warrant, court order, levy, garnishment, attachment or other judicial or administrative order, decree or directive, when any party is required to do so;
5. 
A person is otherwise authorized by law to engage in the conduct that is the subject of the prosecution.
F. 
Nothing herein contained shall be construed as preventing or limiting the right of an identity theft victim to recover civil damages and attorney's fees as allowed by Section 570.223, RSMo.
[R.O. 2009 §13-121; Ord. No. 1073 §1, 9-28-2004]
A. 
A person commits the offense of trafficking in stolen identities when such person manufactures, sells, transfers, purchases or possesses with intent to sell or transfer means of identification or identifying information for the purpose of committing identity theft.
B. 
Unauthorized possession of five (5) or more means of identification of the same person or possession of means of identification of five (5) or more separate persons shall be evidence that the identities are possessed with intent to manufacture, sell or transfer means of identification or identifying information for the purpose of committing identity theft. In determining possession of five (5) or more identification documents of the same person or possession of identifying information of five (5) or more separate persons for the purposes of evidence pursuant to this Subsection, the following do not apply:
1. 
The possession of his/her own identification documents;
2. 
The possession of the identification documents of a person who has consented to the person at issue possessing his/her identification documents.
C. 
Any person convicted of committing an offense established by this Section shall be subject to a fine not to exceed one thousand dollars ($1,000.00), by imprisonment not to exceed ninety (90) days, or both.
D. 
This Section shall not apply to the following activities:
1. 
A person obtains the identity of another person to misrepresent his/her age for the sole purpose of obtaining alcoholic beverages, tobacco, going to a gaming establishment or another privilege denied to minors;
2. 
A person obtains means of identification or information in the course of a bona fide consumer or commercial transaction;
3. 
A person exercises, in good faith, a security interest or right of offset by a creditor or financial institution;
4. 
A person complies, in good faith, with any warrant, court order, levy, garnishment, attachment or other judicial or administrative order, decree or directive, when any party is required to do so.
A. 
A person commits the offense of passing a bad check when:
1. 
With purpose to defraud, the person 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. 
The person 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 Subparagraph (2) of Subsection (A) 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 (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.
[1]
Note — Under certain circumstances this offense can be a felony under state law.
A. 
Definitions. As used in this Section, the following definitions shall apply:
MERCANTILE ESTABLISHMENT
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.
MERCHANDISE
All goods, wares and merchandise offered for sale or displayed by a merchant.
MERCHANT
Any corporation, partnership, association or person who is engaged in the business of selling goods, wares and merchandise in a mercantile establishment.
WRONGFUL TAKING
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; or
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. The record shall contain the following data: 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 which shall contain a current address of the person from whom the material is obtained and the date, time and place of and a full description of each such purchase or trade including the quantity by weight thereof.
B. 
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.
C. 
Anyone convicted of violating this Section shall be guilty of an ordinance violation.
D. 
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);
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
3. 
Any transaction for which the type of metal subject to Subsection (A) of this Section is a minor part of a larger item, except for equipment used in the generation and transmission of electrical power or telecommunications.
A. 
No scrap metal dealer shall knowingly purchase or possess a metal beer keg, whether damaged or undamaged, or any reasonably recognizable part thereof, on any premises that the dealer uses to buy, sell, store, shred, melt, cut or otherwise alter scrap metal except when the purchase is from the brewer or its authorized representative. For purposes of this Section, "keg" shall have the same meaning as in Section 311.082, RSMo.
B. 
Anyone who is found guilty of, or pleads guilty to, violating this Section shall be guilty of an ordinance violation punishable only by fine. Nothing in this Section shall be construed to preclude a person violating this Section from also being prosecuted for any applicable criminal offense.
A. 
No scrap yard shall purchase any metal that can be identified as belonging to a public or private cemetery or to a political subdivision or electrical cooperative, municipal utility or a utility regulated under Chapters 386 or 393, RSMo., including bleachers, guardrails, signs, street and traffic lights or signals, and manhole cover or covers, whether broken or unbroken, from anyone other than the cemetery or monument owner, political subdivision, electrical cooperative or utility, or manufacturer of the metal or item described in this Section unless such person is authorized in writing by the cemetery or monument owner, political subdivision, electrical cooperative or utility, or manufacturer to sell the metal.
B. 
Anyone convicted of violating this Section shall be guilty of an ordinance violation.
A. 
Any scrap metal dealer paying out an amount that is five hundred dollars ($500.00) or more shall make such payment in the form of a check or shall pay by any method in which a financial institution makes and retains a record of the transaction.
B. 
This Section shall not apply to any transaction for which the seller 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.