[RSMo. §569.120]
[Ord. No. 2 Ch. 8 Art. 1 §13, 1953]
Any person, persons, firm or corporation who shall construct
or cause to be constructed any thing or things that extend upon or
over any sidewalk, street, alley or public place within this City
shall be guilty of a misdemeanor.
[RSMo. §570.030; Ord.
No. 010808B §1, 1-8-2008]
A.
A person
commits the offense of stealing if he appropriates property or services
of another with the purpose to deprive him thereof, either without
his consent or by means of deceit or coercion.
B.
Evidence
of the following is admissible in any criminal prosecution under this
Section on the issue of the requisite knowledge or belief of the alleged
stealer:
1.
He failed or refused to pay for property or services of a hotel,
restaurant, inn or boardinghouse;
2.
He gave in payment for property or services of a hotel, restaurant,
inn or boardinghouse a check or negotiable paper on which payment
was refused;
3.
He left the hotel, restaurant, inn or boardinghouse with the intent
to not pay for property or services;
4.
He surreptitiously removed or attempted to remove his baggage from
a hotel, inn or boardinghouse.
[Ord. No. 07202015 §I, 7-20-2015]
A.
A person shall be guilty of the crime of possession, receiving or
control of stolen property if, for the purpose of depriving the owner
of a lawful interest therein, he or 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
under this Section to provide the requisite knowledge or belief of
the alleged receiver:
1.
That he or she was found in possession or control of other property
stolen on separate occasions from two or more persons;
2.
That he or she received other stolen property in another transaction
within the year preceding the transaction charged;
3.
That he or she acquired the stolen property for a consideration
which he or she knew was less than fair market value.
C.
Violation of this Section is a misdemeanor.
D.
Penalties For Violations. Every person who is convicted
of a violation of this Section shall be punished by imprisonment for
not less than thirty (30) days nor more than ninety (90) days or by
a fine not more than two hundred dollars ($200.00) for the first violation,
two hundred seventy-five dollars ($275.00) for the second violation,
three hundred fifty dollars ($350.00) for the third violation, and
four hundred fifty dollars ($450.00) for the fourth and any subsequent
violations, for offenses committed within a twelve-month period; or
by both such fine and imprisonment.
[Ord. No. 12052016 § VII, 12-5-2016]
[RSMo. §569.140; Ord.
No. 40681 §§1-2, 4-6-1981; Ord. No. 08152022A, 8-15-2022]
A.
A person
commits the offense of trespass in the first (1st) 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 in the first degree by entering
or remaining upon real property unless the real property is fenced
or otherwise enclosed in a manner designed to exclude intruders or
as to which notice against trespass is given by:
C.
Trespass
in the first degree is a misdemeanor.
[RSMo. §569.150; Ord.
No. 40681 §§3-4, 4-6-1981]
[Ord. No. 60490B §§1-5, 6-4-1990; Ord. No. 12052016 § VIII, 12-5-2016; Ord. No. 12192016C § XII, 12-19-2016[1]]
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 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.
Motor Vehicles.
1.
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 (7) 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 with 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 stealing leased or rented property.
2.
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 seize such 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 such evidentiary purposes.
3.
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 (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.
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 ten
(10) days after proper notice.
E.
Any person who has leased or rented personal property of another who destroys such property to avoid return of it to the owner commits the offense of property damage pursuant to Section 569.100, RSMo., or Section 210.100 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.
[1]
Editor’s Note: Section XII also changed the title of
this Section from “Leased or Rental Property — Taking
and Failing To Return Within Agreed Time” to “Stealing
Leased Or Rented Personal Property — Enforcement Procedure —
Penalty — Venue.”
[Ord. No. 11012021A, 11-1-2021]
A.
A person commits the offense of tampering if they:
1.
Tamper with the property of another for the purpose of causing
substantial inconvenience to that person or to another; or
2.
Unlawfully ride in or upon another's motor vehicle or motorcycle;
or
3.
Tamper or make connection with property of a utility; or
4.
Tamper with or cause to be tampered with, any meter or other
property of an electric, gas, steam or water utility, the effect of
which tampering is either to prevent the proper measuring of electric,
gas, steam or water service; or to permit the diversion of any electric,
gas, steam or water service.
