[Ord. No. 10378, 1-5-2017]
As used in this article, the following terms mean:
ENTER UNLAWFULLY or REMAIN UNLAWFULLY
A person enters or remains in or upon premises when he or
she is not licensed or privileged to do so. A person who, regardless
of his or her purpose, enters or remains in or upon premises which
are at the time open to the public does so with license and privilege
unless he or she defies a lawful order not to enter or remain, personally
communicated to him or her by the owner of such premises or by other
authorized person. A license or privilege to enter or remain in a
building which is only partly open to the public is not a license
or privilege to enter or remain in that part of the building which
is not open to the public.
TO 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.
UTILITY
An enterprise which provides gas, electric, steam, water,
sewage disposal, or communication, video, internet, or voice over
internet protocol services, and any common carrier. It may be either
publicly or privately owned or operated.
[Ord. No. 10378, 1-5-2017]
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; 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 Subsection
A(4), 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 or more of the effects described in Subsection
A(4), 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 subsection by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.
[Ord. No. 10378, 1-5-2017]
A. A person commits the offense of property damage if he/she:
1. Knowingly damages property of another; or
2. Damages property for the purpose of defrauding an insurer.
[Ord. No. 10378, 1-5-2017]
A. A person does not commit an offense by damaging, tampering with,
operating, riding in or upon or making connection with property of
another if he/she does so under a claim of right and has reasonable
grounds to believe he/she has such a right.
B. The defendant shall have the burden of injecting the issue of claim
of right.
C. No person who, as a tenant, willfully or wantonly destroys, defaces,
damages, impairs or removes any part of a leased structure or dwelling
unit, or the facilities, equipment or appurtenances thereof, may inject
the issue of claim of right.
[Ord. No. 10378, 1-5-2017]
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.
[Ord. No. 10378, 1-5-2017]
A. A person commits 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.
[Ord. No. 10378, 1-5-2017]
A. A person commits the offense of trespass of a school bus if he or
she knowingly and unlawfully enters any part of or unlawfully operates
any school bus.
B. For the purposes of this section, the terms "unlawfully enters" and
"unlawfully operates" refer to any entry or operation of a school
bus which is not:
1. Approved of and established in a school district's written policy
on access to school buses; or
2. Authorized by specific written approval of the school board.
C. In order to preserve the public order, any district which adopts the policies described in Subsection
B of this section shall establish and enforce a student behavior policy for students on school buses.
[Ord. No. 10378, 1-5-2017]
A person commits the offense of reckless burning or exploding
if he/she recklessly starts a fire or causes an explosion and thereby
damages or destroys the property of another.
[Ord. No. 10378, 1-5-2017]
A. A person commits the offense of negligent burning or exploding if
he/she with criminal negligence causes damage to property or to the
woodlands, cropland, grassland, prairie, or marsh of another by:
1. Starting a fire or causing an explosion; or
2. Allowing a fire burning on lands in his or her possession or control
onto the property of another.
[Ord. No. 10378, 1-5-2017]
A. A person commits the offense of stealing if he or she:
1. Appropriates property or services of another with the purpose to
deprive him or her thereof, either without his or her consent or by
means of deceit or coercion;
2. Attempts to appropriate anhydrous ammonia or liquid nitrogen of another
with the purpose to deprive him or her thereof, either without his
or her consent or by means of deceit or coercion; or
3. For the purpose of depriving the owner of a lawful interest therein,
receives, retains or disposes of property of another knowing that
it has been stolen, or believing that it has been stolen.
[Ord. No. 10378, 1-5-2017]
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 §
17-111 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.
[Gen. Ords. 1959, § 12.03; Ord.
No. 5902, § 1, 12-22-1975; Ord. No. 10378, 1-5-2017]
No person shall in this City cut, hack or otherwise injure any
awning, post, sign, fire plug, hydrant, ornamental or shade trees,
railing, fence or other enclosures, or any other property belonging
to the City.
[Gen. Ords. 1959, § 52.44; Ord.
No. 5939, § 1, 3-4-1976; Ord. No. 10378, 1-5-2017]
(a) No person shall willfully and wantonly cut, mutilate, tear, write
upon or otherwise deface, destroy or injure, either in whole or in
part, any book, magazine, pamphlet, or other publication or property
belonging to the Kirkwood Public Library, or suffer or permit any
such injuries to be inflicted upon any such property while in his
possession or his control, or willfully deface, damage or destroy
any furniture, fixture or furnishing belonging to the Kirkwood Public
Library.
(b) It shall be unlawful for any person to take, remove or withhold from
the Kirkwood Public Library any book, pamphlet, periodical, picture,
paper, maps, written record, article, chattel, films, records, tapes,
cash or other property, except in accordance with the rules of the
library.
[Ord. No. 8491, § 1, 3-7-1996; Ord. No. 9077, § 1, 9-20-2001; Ord. No. 10378, 1-5-2017]
(a) Materials permitted to be deposited. The following materials may
be deposited at the City recycling depository, located at 350 South
Taylor Avenue, in areas marked for the deposit of such items:
(2)
Steel cans (fruit, beverage and vegetable cans);
(3)
Glass jars and bottles which are clear glass, green glass or
brown glass;
(5)
Corrugated cardboard, Kraft paper bags;
(6)
Mixed paper (junk mail, flat cardboard, office paper);
(7)
Plastic bottles #1 and #2 (such as milk jugs, soda bottles)
with lids removed;
(8)
Magazines (no more than 1 1/2 inches in width);
(b) Depositing of unauthorized materials at depository. The dumping, depositing or placing of any material other than those set forth above in §
17-115(a) at the City of Kirkwood Recycling Depository shall be prohibited.
(c) Ownership of authorized material deposited at the depository. All material authorized by §
17-115(a) deposited at the Kirkwood Recycling Depository shall become the property of the City of Kirkwood and removal of such material without the expressed authorization of the City of Kirkwood shall be prohibited.
(d) Violations. Violations of any of the provisions set forth herein shall subject the violator to the penalties set forth in the §
1-8 of the Kirkwood Code of Ordinances.
[Ord. No. 10378, 1-5-2017]
A. A person commits the offense of financial exploitation of an elderly
person or a person with a disability if such person knowingly obtains
control over the property of the elderly person or person with a disability
with the intent to permanently deprive the person of the use, benefit
or possession of his or her property thereby benefitting the offender
or detrimentally affecting the elderly person or person with a disability
by:
3. Creating or confirming another person's impression which is false
and which the offender does not believe to be true;
4. Failing to correct a false impression which the offender previously
has created or confirmed;
5. Preventing another person from acquiring information pertinent to
the disposition of the property involved;
6. 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;
7. 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; or
8. Undue influence, which means the use of influence by someone who
exercises authority over an elderly person or person with a disability
in order to take unfair advantage of that person's vulnerable state
of mind, neediness, pain, or agony. "Undue influence" includes, but
is not limited to, the improper or fraudulent use of a power of attorney,
guardianship, conservatorship, or other fiduciary authority.
B. Nothing in this section shall be construed to limit the remedies
available to the victim pursuant to any state law relating to domestic
violence.
C. 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
person or person with a disability in the management of his or her
property, but through no fault of his or her own has been unable to
provide such assistance.
D. 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 person
or person with a disability has become accustomed at the time of such
actions.
E. It shall not be a defense to financial exploitation of an elderly
person or person with a disability that the accused reasonably believed
that the victim was not an elderly person or person with a disability.
F. Medicaid funds. It shall be unlawful in violation of this section
for any person receiving or in the possession of funds of a Medicaid-eligible
elderly person or person with a disability residing in a facility
licensed under Chapter 198, RSMo., to fail to remit to the facility
in which the Medicaid-eligible person resides all money owing the
facility resident from any source, including, but not limited to,
social security, railroad retirement, or payments from any other source
disclosed as resident income contained in the records of the Department
of Social Services, Family Support Division, or its successor. The
Department of Social Services, Family Support Division, or its successor
is authorized to release information from its records containing the
resident's income or assets to any prosecuting or circuit attorney
in the State of Missouri for purposes of investigating or prosecuting
any suspected violation of this section.
G. The offense of financial exploitation of an elderly person or person
with a disability is an ordinance violation.
[Ord. No. 10378, 1-5-2017]
A. A person commits the offense of fraudulent use of a credit device
or debit device if he or she 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; or
2. The device has been revoked or canceled; or
3. For any other reason his or her use of the device is unauthorized;
or
B. A person commits the offense of fraudulent use of a credit device
or debit device if he or she uses a credit device or debit device
for the purpose of paying property taxes and knowingly cancels such
charges or payment without just cause. It shall be prima facie evidence
of a violation of this section if a person cancels such charges or
payment after obtaining a property tax receipt to obtain license tags
from the Missouri Department of Revenue.
[Ord. No. 10378, 1-5-2017]
A. A person commits the offense of deceptive business practice if in
the course of engaging in a business, occupation or profession, he
or 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, displays 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 or she furnishes the weight
or measure;
4. Sells, offers, or exposes for sale adulterated or mislabeled commodities;
5. Makes a false or misleading written statement for the purpose of
obtaining property or credit;
6. Promotes the sale of property or services by a false or misleading
statement in any advertisement; or
7. Advertises in any manner the sale of property or services with the
purpose not to sell or provide the property or services:
a. At the price which he or she offered them;
b. In a quantity sufficient to meet the reasonably expected public demand,
unless the quantity is specifically stated in the advertisement; or
[Ord. No. 10378, 1-5-2017]
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.
[Ord. No. 10378, 1-5-2017]
A. A person commits the offense of stealing leased or rented property
if, with the intent to deprive the owner thereof, such person:
1. Purposefully fails to return leased or rented personal property to
the place and within the time specified in an agreement in writing
providing for the leasing or renting of such personal property;
2. Conceals or aids or abets the concealment of the property from the
owner;
3. Sells, encumbers, conveys, pawns, loans, abandons or gives away the
leased or rented property or any part thereof, without the written
consent of the lessor, or without informing the person to whom the
property is transferred to, that the property is subject to a lease;
4. Returns the property to the lessor at the end of the lease term,
plus any agreed upon extensions, but does not pay the lease charges
agreed upon in the written instrument, with the intent to wrongfully
deprive the lessor of the agreed upon charges.
B. The provisions of this section shall apply to all forms of leasing
and rental agreements, including, but not limited to, contracts which
provide the consumer options to buy the leased or rented personal
property, lease-purchase agreements and rent-to-own contracts. For
the purpose of determining if a violation of this section has occurred,
leasing contracts which provide options to buy the merchandise are
owned by the owner of the property until such time as the owner endorses
the sale and transfer of ownership of the leased property to the lessee.
C. Evidence that a lessee used a false, fictitious, or not current name,
address, or place of employment in obtaining the property or that
a lessee fails or refuses to return the property or pay the lease
charges to the lessor within seven days after written demand for the
return has been sent by certified mail, return receipt requested,
to the address the person set forth in the lease agreement, or in
the absence of the address, to the person's last known place of residence,
shall be evidence of intent to violate the provisions of this section,
except that if a motor vehicle has not been returned within 72 hours
after the expiration of the lease or rental agreement, such failure
to return the motor vehicle shall be prima facie evidence of the intent
of the offense of stealing leased or rented property. Where the leased
or rented property is a motor vehicle, if the motor vehicle has not
been returned within 72 hours after the expiration of the lease or
rental agreement, the lessor may notify the local law enforcement
agency of the failure of the lessee to return such motor vehicle,
and the local law enforcement agency shall cause such motor vehicle
to be put into any appropriate state and local computer system listing
stolen motor vehicles. Any law enforcement officer which stops such
a motor vehicle may seize the motor vehicle and notify the lessor
that he/she may recover such motor vehicle after it is photographed
and its vehicle identification number is recorded for evidentiary
purposes. Where the leased or rented property is not a motor vehicle,
if such property has not been returned within the seven-day period
prescribed in this subsection, the owner of the property shall report
the failure to return the property to the local law enforcement agency,
and such law enforcement agency may within five days notify the person
who leased or rented the property that such person is in violation
of this section, and that failure to immediately return the property
may subject such person to arrest for the violation.
D. This section shall not apply if such personal property is a vehicle
and such return is made more difficult or expensive by a defect in
such vehicle which renders such vehicle inoperable if the lessee shall
notify the lessor of the location of such vehicle and such defect
before the expiration of the lease or rental agreement or within 10
days after proper notice.
E. Any person who has leased or rented personal property of another who destroys such property so as to avoid returning it to the owner commits the offense of property damage pursuant to § 569.100, RSMo., or §
17-104 of this Code in addition to being in violation of this section.
F. Venue shall lie in the county where the personal property was originally
rented or leased.
[Ord. No. 10378, 1-5-2017]
A. A person commits the offense of passing a bad check when he/she:
1. With the purpose to defraud, makes, issues or passes a check or other
similar sight order or any other form of presentment involving the
transmission of account information for the payment of money knowing
that it will not be paid by the drawee or that there is no such drawee;
or
2. Makes, issues or passes a check or other similar sight order or any
other form of presentment involving the transmission of account information
for the payment of money, knowing that there are insufficient funds
in or on deposit with that account for the payment of such check,
sight order or other form of presentment involving the transmission
of account information in full and all other checks, sight orders
or other forms of presentment involving the transmission of account
information upon such funds then outstanding, or that there is no
such account or no drawee and fails to pay the check or sight order
or other form of presentment involving the transmission of account
information within 10 days after receiving actual notice in writing
that it has not been paid because of insufficient funds or credit
with the drawee or because there is no such drawee.
B. As used in Subsection
A(2) of this section, "actual notice in writing" means notice of the 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-day period during which the instrument may be paid and that payment of the instrument within such ten-day period will result in dismissal of the charges. The requirement of notice shall also be satisfied for written communications which are tendered to the defendant and which the defendant refuses to accept.
[Ord. No. 10378, 1-5-2017]
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.
[Ord. No. 10378, 1-5-2017]
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:
2. Aluminum wire, cable, pipe, tubing, bar, ingot, rod, fitting or fastener;
3. Material containing copper or aluminum that is knowingly used for
farming purposes as farming is defined in § 350.010, RSMo.;
whatever may be the condition or length of such metal; or
B. The record required by this section shall contain the following data:
1. A copy of the driver's license or photo identification issued by
the state or by the United States government or agency thereof to
the person from whom the material is obtained;
2. The current address, gender, birth date, and a photograph of the person from whom the material is obtained if not included or are different from the identification required in Subsection
B(1) of this section;
3. The date, time and place of the transaction;
4. The license plate number of the vehicle used by the seller during
the transaction;
5. A full description of the metal, including the weight and purchase
price.
C. The records required under this section shall be maintained for a
minimum of 24 months from when such material is obtained and shall
be available for inspection by any law enforcement officer.
D. Anyone convicted of violating this section shall be guilty of an
ordinance violation.
E. This section shall not apply to any of the following transactions:
1. Any transaction for which the total amount paid for all regulated
scrap metal purchased or sold does not exceed $50, unless the scrap
metal is a catalytic converter;
2. Any transaction for which the seller, including a farm or farmer,
has an existing business relationship with the scrap metal dealer
and is known to the scrap metal dealer making the purchase to be an
established business or political subdivision that operates a business
with a fixed location that can be reasonably expected to generate
regulated scrap metal and can be reasonably identified as such a business;
or
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.
[Ord. No. 10378, 1-5-2017]
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 § 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.
[Ord. No. 10378, 1-5-2017]
A. No scrap yard shall purchase any metal that can be identified as
belonging to a public or private cemetery, political subdivision,
telecommunications provider, cable provider, wireless service or other
communications-related provider, electrical cooperative, water utility,
municipal utility or 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,
telecommunications provider, cable provider, wireless service or other
communications-related provider, electrical cooperative, water utility,
municipal utility, utility regulated under Chapter 386 or 393, RSMo.,
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, telecommunications provider, cable provider,
wireless service or other communications-related provider, electrical
cooperative, water utility, municipal utility, utility regulated under
Chapter 386 or 393, RSMo., or manufacturer to sell the metal.
B. Anyone convicted of violating this section shall be guilty of an
ordinance violation.
[Ord. No. 10378, 1-5-2017]
A. Any scrap metal dealer paying out an amount that is $500 or more
shall make such payment by issuing a prenumbered check drawn on a
regular bank account in the name of the licensed scrap metal dealer
and with such check made payable to the person documented as the seller
in accordance with this section, or by using a system for automated
cash or electronic payment distribution which photographs or videotapes
the payment recipient and identifies the payment with a distinct transaction
in the register maintained in accordance with Chapter 407, RSMo.
B. Any scrap metal dealer that purchases scrap metal from a seller and
pays in the form of cash is required to obtain a copy of the seller's
driver's license or non-driver's license if the metal is copper or
a catalytic converter. 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.
C. Any person in violation of §§
17-123 to
17-126 by selling stolen scrap metal shall be responsible for consequential damages related to obtaining the scrap metal.
[Ord. No. 10378, 1-5-2017]
It shall be unlawful for any person to display or to permit
to be displayed, or to have in his possession, any license knowing
the same to be fictitious or to have been canceled, suspended, revoked,
disqualified or altered; to lend to or knowingly permit the use of
by another any license issued to the person so lending or permitting
the use thereof; to display or to represent as one's own any license
not issued to the person so displaying the same, or fail or refuse
to surrender to the Clerk of any division of the Circuit Court or
the Director any license which has been suspended, canceled, disqualified
or revoked, as provided by law; to use a false or fictitious name
or give a false or fictitious address on any application for a license,
or any renewal or duplicate thereof, or knowingly to make a false
statement, or knowingly to conceal a material fact, or otherwise commit
a fraud in any such application.