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:
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.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[R.O. 2008 §210.270; Ord. No. 4944 §1, 12-10-1990]
No person shall within the City construct any fence wholly or
in part with what is known as barbed wire, where such fence or any
part thereof runs along any public street or thoroughfare; provided
that every person shall have the right to use said wire in the construction
of fences upon alleys not used as public thoroughfares.
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.
PUBLIC PLACE
Definition. The following term shall be defined as follows:
Any place to which the general public has access and a right
of resort for business, entertainment or other lawful purpose, but
does not necessarily mean a place devoted solely to the uses of the
public. It shall also include the front or immediate area of any store,
shop, restaurant, tavern or other place of business and also public
grounds, areas or parks.
B.
It
shall be unlawful for any person to stand or remain idle either alone
or in consort with others in a public place in such manner so as to:
1.
Obstruct any public street, public highway, public sidewalk or any
other public place or building by hindering or impeding or tending
to hinder or impede the free and uninterrupted passage of vehicles,
traffic or pedestrians;
2.
Commit in or upon any public street, public highway, public sidewalk
or any other public place or building any act or thing which is an
obstruction or interference to the free and uninterrupted use of property
or with any business lawfully conducted by anyone in or upon or facing
or fronting on any such public street, public highway, public sidewalk,
or any other public place or building, all of which prevents the free
and uninterrupted ingress, egress and regress, therein, thereon and
thereto;
3.
Obstruct the entrance to any business establishment, without so doing
for some lawful purpose, if contrary to the expressed wish of the
owner, lessee, managing agent or person in control or charge of the
building or premises.
C.
When
any person causes or commits any of the conditions in this Section,
a Police Officer or any Law Enforcement Officer shall order that person
to stop causing or committing such conditions and to move on or disperse.
Any person who fails or refuses to obey such orders shall be guilty
of a violation of this Section.
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:
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.
[R.O. 2008 §210.250; Ord. No. 4944 §1, 12-10-1990]
No person shall trespass upon the grounds of the Maryville public
schools or on or in the buildings belonging thereto. No person shall
loiter on said grounds or about or in said buildings, nor shall any
person cut, mark or deface any of the buildings or any part thereof
belonging to said public schools. No person shall climb or be on the
fire escapes now erected or hereafter to be erected on said public
school buildings unless in case of fire or when taking part in fire
drills.
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.
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.
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.
DECEPTION
1.
2.
3.
4.
5.
DISABLED PERSON
ELDERLY PERSON
INTIMIDATION
Definitions. As
used in this Section, the following terms shall have these prescribed
meanings:
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:
Creating or confirming another person's impression which is
false and which the offender does not believe to be true.
Failure to correct a false impression which the offender previously
has created or confirmed.
Preventing another person from acquiring information pertinent
to the disposition of the property involved.
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.
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.
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.
A person sixty (60) years of age or older.
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.
[R.O. 2008 §210.125; Ord. No. 5149 §1, 8-9-1993]
A.
A person
is guilty of the offense of theft of trash services if the individual:
1.
Obtains or attempts to obtain trash or refuse services by means of
artifice, trick, deception or device without paying all lawful compensation
to the operator of said services; or
2.
Assists another person in obtaining or attempting to obtain trash
or refuse services by means of artifice, trick, deception or device
without paying lawful compensation to the operator of such service;
or
3.
Obtains or attempts to obtain trash or refuse services by causing
any solid waste, trash, refuse, recyclables or other materials to
be deposited in any container, holder or site for the collection of
said trash, refuse, recyclables or other materials without paying
all lawful compensation to the operator of said service; or
4.
Assists another in obtaining trash or refuse services by causing
any solid waste, trash, refuse, recyclables or other materials to
be deposited in any container, holder or site for the collection of
said trash, refuse, recyclables or other materials without paying
all lawful compensation to the operator of said service.
B.
The
finding of any five (5) separate pieces of documentation, articles
or other evidence directly attributable to or bearing the name or
identification of a specific individual within any container, holder
or site used for the collection of solid waste, trash, refuse or recyclables
shall be prima facie evidence of an intent by that individual to obtain
trash or refuse services without paying all lawful compensation to
the operator of said service.
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 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.
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;
or
3.
Material containing copper or aluminum that is knowingly used for
farming purposes as farming is defined in Section 350.010, RSMo.;
|
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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
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 Chapter
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.
