[CC 1983 §19-84]
It shall be unlawful for any person to fail, neglect or refuse
to return any book when and as may be required by and under the rules
therefor prescribed by the Library Board, or to fail, neglect or refuse
to promptly comply with and conform to reasonable rules and regulations
prescribed by the Library Board from time to time for the use, government
and regulation of the library and reading room, not inconsistent with
this Chapter.
[CC 1983 §19-85]
It shall be unlawful for any person to fill or otherwise obstruct
the free passage of water through any sewer, gutter, trench or channel
dug or made or used for the purpose of carrying off water or draining
any street, or other place within this City.
[CC 1983 §19-86; Ord. No. 905 §1, 10-7-2002]
A. Definitions.
As used in this Section the following words shall have the meanings
set forth herein:
APPROPRIATE
To take, obtain, use, transfer, conceal or retain possession
of.
COERCION
A threat, however communicated:
2.
To inflict physical injury in the future on the person threatened
or another; or
3.
To accuse any person of any crime; or
4.
To expose any person to hatred, contempt or ridicule; or
5.
To harm the credit or business repute of any person; or
6.
To take or withhold action as a public servant or to cause a
public servant to take or withhold action; or
7.
To inflict any other harm which would not benefit the actor.
DECEIT
Purposely making a representation which is false and which
the actor does not believe to be true and upon which the victim relies
as to a matter of fact, law, value, intention or other state of mind.
The term "deceit" does not, however, include falsity
as to matter having no pecuniary significance or puffing by statements
unlikely to deceive ordinary persons in the group addressed. Deception
as to the actor's intention to perform a promise shall not be inferred
from the fact alone that he did not subsequently perform the promise.
DEPRIVE
Means:
1.
To withhold property from the owner permanently; or
2.
To restore property only upon payment of reward or other compensation;
or
3.
To use or dispose of property in a manner that makes recovery
of the property unlikely.
OF ANOTHER
Property or services is that "of another" if any natural person, corporation, partnership, association, governmental
subdivision or instrumentality, other than the actor, has a possessory
or propriety interest therein, except that property shall not be deemed
property of another who has only a security interest therein, even
if legal title is in the creditor pursuant to a conditional sales
contract or other security arrangement.
PROPERTY
Anything of value, whether real or personal, tangible or
intangible, in possession or in action.
RECEIVING
Acquiring possession, control or title of property.
SERVICES
Includes transportation, telephone, electricity, gas, water
or other public service, accommodation in hotels, restaurants or elsewhere,
admission to exhibitions and use of vehicles.
B. A person
commits the offense of stealing if he or she 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.
C. A person
who appropriates lost property shall not be deemed to have stolen
that property within the meaning of this Section unless such property
is found under circumstances which gave the finder knowledge of or
means of inquiry as to the true owner. The defendant shall have the
burden of injecting the issue of lost property.
D. A person
commits the offense of receiving stolen property if for the purpose
of depriving the owner of a lawful interest therein he receives, retains
or disposes of property of another knowing that it has been stolen
or believing that it has been stolen. Evidence of the following is
admissible in any prosecution under this Section to prove the requisite
knowledge or belief of the alleged receiver:
1. That he was found in possession or control of other property stolen
on separate occasions from two (2) or more persons;
2. That he received other stolen property in another transaction within
the year preceding the transaction charged;
3. That he acquired the stolen property for a consideration which he
knew was far below its reasonable value.
E. Penalty. Each offense committed under this Section shall be punishable as provided in Section
100.120 of the Code of Ordinances.
[CC 1983 §19-90]
It shall be unlawful for any person to take from or deposit
on any street, alley, thoroughfare, sidewalk or other public place
of this City, or on any property now owned or controlled by him/her,
without having lawful authority to do so, any turf, loam, gravel,
rock or other material.
[Code 1961 §51.18; CC 1983 §19-91]
No person shall post or place any advertisements, handbills
or notices of any character upon any fence, wall, bridge, house, building,
shade tree, telephone, telegraph or electric light pole without lawful
authority to do so.
[Ord. No. 738 §1, 11-2-1992]
A. Any
person who writes, sprays, scratches or otherwise affixes graffiti
upon any property, public or private, in which another has an interest
and without the consent of such other person shall be guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine
not to exceed five hundred dollars ($500.00), or by imprisonment for
not more than ninety (90) days, or by both such fine and imprisonment.
In addition to such penalty the court may order the defendant to perform
the necessary labor to clean up, repair, or replace the property damaged
by that person, or to pay any costs incurred by the owner related
to the cleanup, repair or replacement of property damaged by that
person.
B. It
shall be the duty of the owner and/or occupant of a building, residence
or any other structure or property that has been defaced by graffiti
to clean up or otherwise cover such graffiti, however, no person shall
clean up or otherwise cover such graffiti without first notifying
the Police Department and allowing the police an opportunity to photograph
such graffiti. If, after the police have photographed the graffiti,
the owner or occupant of the building, residence or structure or property
that has been defaced by graffiti fails to clean up or otherwise cover
such graffiti, the Code Enforcement Officer shall give notice to such
owner or occupant, which notice shall:
2. Be addressed to and served upon the owner and/or occupant of the
premises; and
3. Inform the owner and/or occupant of the premises that such person
has twenty-four (24) hours from receipt of such notice to remove or
otherwise cover the graffiti or to contact the Caruthersville Police
Department and give the City of Caruthersville permission to remove
or otherwise cover the graffiti and if the City of Caruthersville
removes or otherwise covers the graffiti, the property owner shall
be billed for the reasonable cost of same, said bill being a lien
against his/her real estate and assessed as a part of their real property
taxes for the year in which said expense occurred.
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Notice shall be deemed properly served upon such owner and/or
occupant if a copy thereof is served upon such person personally or
if a copy thereof is sent by certified mail to such owner or occupant's
last known address, or if the notice cannot be conveniently served
by the aforesaid methods, service of the notice is to be made upon
such person or persons by at least one (1) publication in a newspaper
of general circulation published in the City of Caruthersville, such
publication to contain the conditions and reasons of notice.
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Any person who fails to comply with any of the terms and conditions
set forth in the notice after service of such notice upon them shall
be guilty of a misdemeanor and upon conviction thereof shall be punished
by a fine not to exceed five hundred dollars ($500.00).
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C. In
addition to all Law Enforcement Officers, the following personnel
employed by the City of Caruthersville shall have the power to enforce
the provisions of this Section:
1. All employees under the supervision of any Department Head;
2. All Health Officers that are authorized representatives of the Pemiscot
County Health Department.
D. For
the purpose of this Section, "graffiti" shall be
defined as any form of unauthorized painting, writing, or inscription
regardless of the content or nature of the material used in the commission
of the act.