As used in this Article, the following terms
mean:
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 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.
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.
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:
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 (1) 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.
[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.
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.
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.
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:
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.
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:
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.
[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 210.1110 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.
[1]
Editor's Note: This Section previously pertained
to receiving stolen property. However, the authorizing statute, former
§ 570.080, RSMo., was repealed without replacement by SB
491 in the 2014 Legislative Session, effective 1-1-2017.
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:
1.
Deceit;
2.
Coercion;
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.
[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 he or she uses a credit device
or debit device for the purpose of obtaining services or property,
knowing that:
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.
[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 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.
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 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 (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 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 stealing
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 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 so as to avoid returning it to the owner commits the offense of property damage pursuant to Section 569.100, RSMo., or Section 210.1040 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]
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 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 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 Subsection (A)(2) 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-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.
[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 material 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;
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;
4.
Catalytic converter; or
5.
Motor vehicle, heavy equipment or tractor battery.
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 material, including the weight and
purchase price.
C.
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.
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
material purchased or sold does not exceed fifty dollars ($50.00),
unless the material 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
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, 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.
A.
Any scrap metal dealer paying out an amount that is
five hundred dollars ($500.00) 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.
[CC 1996 § 205.060; Ord. No. 495, 11-9-1995]
A.
APPLIANCES
BUILDING MATERIALS
FURNITURE
LAWN EQUIPMENT
Definitions. The following words or terms are, for
purposes of this Section, defined as follows:
Any mechanism, device, apparatus, or equipment designed primarily
for indoor household use, including, but not limited to: stoves, refrigerators,
ovens, microwave ovens, washing machines, clothes dryers, sewing machines,
televisions, and similar items.
Materials and substances used to erect, repair, remodel or
construct any building or structure, including, but not limited to:
lumber, windows, doors, window and door frames, roofing, siding, gutters,
drain spouts, bricks, flooring, and similar items.
Any items of household furniture designed primarily for indoor
use, including, but not limited to: sofas, couches, divans, rocking
chairs, reclining chairs, ottomans, beds, mattresses, box springs,
desks, tables, and similar items, but excluding those items of furniture
designed primarily for outdoor use.
Any device designed primarily for the cutting of grass, trees
or weeds, or for the planting, tilling or cultivation of lawns or
gardens, whether push, electric or gas powered, including but not
limited to chain saws, lawn mowers, tillers, garden tractors, lawn
seeders, fertilizer spreaders, including their component parts, and
other similar items.
B.
It shall be unlawful for any person, firm or corporation
owning, leasing or being in possession of any real estate to collect,
display, place, store, or allow or suffer to be collected, displayed,
placed or stored upon such property any appliances, furniture, building
materials, or in excess of three (3) items of lawn equipment for any
period of time in excess of twenty-four (24) hours, except as follows:
2.
Within a storage bin or other structure, provided
that such storage bin or structure consists of a solid fence or wall
and such items are not clearly visible through such bin, and provided
further that such fence, wall structure or bin is of a type otherwise
allowed by the Zoning Code; or
3.
In the case of building materials, such materials
may be stored or placed on the property for a period of thirty (30)
consecutive calendar days, provided that such materials are currently
being used in the erection, repair or maintenance of any building
or structure located on the real estate where such building materials
are stored or placed.
C.
This Section shall not apply to any owner, tenant,
or other person having possession of a commercial or business establishment
which offers or collects such items for sale at retail or wholesale,
provided that such business is in possession of a current business
license issued by the City or is otherwise exempt from obtaining same.
D.
Any person found in violation of any of the provisions
of this Section may be fined an amount not to exceed the sum of five-hundred
dollars ($500.00). Each day that a violation shall continue shall
be deemed a separate offense.