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.
PROPERTY
Anything of value, whether real or personal, tangible or
intangible, in possession or in action, and shall include, but not
be limited to, the evidence of a debt actually executed but not delivered
or issued as a valid instrument.
[Ord. No. 2285 §2, 12-28-1998]
SERVICES
Includes transportation, telephone, electricity, gas, water,
or other public service, cable television service, video service,
voice-over-internet-protocol service, or internet service, accommodation
in hotels, restaurants or elsewhere, admission to exhibitions and
use of vehicles.
STEALING-RELATED OFFENSE
Federal and state violations of criminal Statutes against
stealing, robbery, or buying or receiving stolen property and shall
also include municipal ordinances against the same if the offender
was either represented by counsel or knowingly waived counsel in writing
and the judge accepting the plea or making the findings was a licensed
attorney at the time of the court proceedings.
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. 4507, 4-25-2022]
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; for the purposes
of this Section, "enter" shall mean being physically present in or
accessing a vehicle in a way that would lead a reasonable person to
believe such conduct was in furtherance of a crime or offense; or
2. Tests or pulls any doors or windows of successive structures or vehicles,
or opens or attempts to open the trunk of successive vehicles, that
the person does not own or lease, in a way that would lead a reasonable
person to believe said conduct was in furtherance of a crime or offense.
For purposes of this Section, "successive" shall mean more than one
(1) structure or vehicle. It shall be an affirmative defense if the
person proves he or she had permission from the owners of the structures
or vehicle; or
3.
Unlawfully enters in or upon another's automobile, airplane,
motorcycle, motorboat or other motor-propelled vehicle; or
4.
Tampers or makes connection with property of a utility without
express permission of such utility; or
5.
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.
6. This Section shall not apply to any Law Enforcement Officer, public
safety officer, public employee or utility employee who performs the
acts herein while in the performance of their duties and employment.
B. In any prosecution under Subsection
(A)(5), 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)(5), 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.
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. 4364, 6-8-2020]
A. A person commits the offense of open burning upon the burning of any materials where air contaminants, resulting from combustion, are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For purposes of this Section, a chamber shall be regarded as enclosed when, during the combustion taking place, only those apertures, ducts, stacks, flues, or chimneys as are necessary to provide combustion air and to permit the escape of exhaust gases are open. All open burning activities are prohibited in the City of Town and Country unless otherwise noted in Section
210.1105(B).
B. A person does not commit the offense of open burning when permitted
under the following circumstances:
1.
Recreational Fires.
a.
Recreational fires shall be comprised of only untreated seasoned
dry firewood which is free of leaves, needles, yard waste, garbage,
rubbish, treated wood, or tree trimmings; and
b.
Total cumulative base of the fire(s) shall not exceed nine (9)
square feet; and
c.
The recreational fire shall not cause smoke, ash, or particulate
matter to remain visible in the air or upon surfaces beyond the property
line where the fire is occurring.
2.
Preparation Of Food, Such As Barbecuing.
a.
Fires shall either be contained through recreational food preparation,
equipment, such as a grill, rotisserie, outdoor cooking stove, or
other device constructed for the use in outdoor, non-commercial food
preparation.
b.
Total cumulative base area of the fire(s) shall not exceed nine
(9) square feet.
c.
The fire shall be comprised of only untreated seasoned dry firewood
or charcoal which is free of leaves, needles, yard waste, garbage,
rubbish, treated wood, or tree trimmings.
d.
The fire shall not cause smoke, ash, or particulate matter to
remain visible in the air or upon surfaces beyond the property line
where the fire is occurring.
3.
Burning Conducted For Natural Resource Conservation Purposes.
Fires shall meet the requirements for a prescribed natural resource
bum either through the collaboration with and subsequent development
of a natural resource conservation plan through the Missouri Department
of Conservation for the land or burn material in question or approval
of the project as a natural resource conservation burn deemed acceptable
by the Air Pollution Control Program.
4.
Burning Of Yard Waste.
a.
The property size is equal to or greater than three (3) acres,
except where the property shares a boundary with the Meramec, Missouri,
or Mississippi Rivers there shall be no minimum property size restriction;
and
b.
The burn shall occur from September 15 until April 14 of each
year; and
c.
Total cumulative base area of the fire(s) shall not exceed sixteen
(16) square feet; and
d.
The yard waste is composed of only leaves, needles, brush, tree
trimmings, and other similar material which does not include garbage,
rubbish, construction waste, demolition waste, petroleum-based materials,
plastic, rubber, painted materials, coated materials, metal, liquid
or solid fuels, or treated wood; and
e.
The fire shall not cause smoke, ash, or particulate matter to
remain visible in the air or upon surfaces beyond the property line
where the fire is occurring.
5.
Fire Training Exercises.
a.
Fire training exercises in which structures or buildings are
burned shall be allowed only with prior approval by the Air Pollution
Control Program.
b.
Fire training activities which occur at designated fire training
academy or school locations shall be allowed without prior approval
from the Air Pollution Control Program.
6.
Commercial Land-Clearing Operation. Commercial land-clearing
operations shall be allowed as provided in the Missouri Air Conservation
Commission open burning requirements rule except that prior approval
must be obtained from the Air Pollution Control Program and an air
curtain incinerator shall be utilized in all areas at all times.
[CC 1989 §15-228; Ord. No. 2078 §1, 5-12-1997]
A. It
shall be unlawful for any person to commit, or attempt to commit,
the following acts on any City, County, State, or Federal property
or rights-of-way:
1. Hunt or kill any wildlife, including all animals, reptiles and birds.
2. Trap, by any means, any wildlife, including all animals, reptiles
and birds.
B. For
purposes of this Section, "wildlife" is defined as
all wild birds, mammals, fish and other aquatic and amphibious forms,
and all other wild animals, regardless of classification, whether
resident, migratory, or imported; protected or unprotected; dead or
alive. This definition shall be extended to include any and every
part of any individual species of wildlife.
C. Any
person who possesses the required hunting and/or trapping permit issued
by the State and who is not in violation of the terms and conditions
of that permit, and who also possesses the written permission of the
owner of the City, County, State or Federal property or right-of-way
to hunt or trap on such property and who is otherwise not in violation
of any State Statute, County ordinance, or City ordinance, shall not
be deemed to be in violation of this Section.
[Ord. No. 3409 §1, 2-25-2009]
A. A
person commits the offense of interference with lawful implementation
of City approved deer management efforts in the first degree if he/she:
1. Intentionally interferes with the lawful taking of wildlife by another;
or
2. Intentionally harasses, drives or disturbs any game, animal or fish
for the purpose of disrupting lawful implementation of City approved
deer management efforts.
3. Intentionally interferes with, disassembles or disturbs baiting sites
or traps utilized in the lawful implementation of City approved deer
management efforts.
[Ord. No. 3409 §1, 2-25-2009]
A. A
person commits the offense of interference with lawful implementation
of City approved deer management efforts in the second degree if he/she:
1. Enters or remains in a hunting or trapping area as designated by
the City in its deer management efforts where lawful hunting or trapping
may occur with the intent to interfere with said lawful hunting or
trapping of deer.
[Ord. No. 3411 §1, 2-25-2009]
A. It
shall be unlawful to feed deer in the City of Town and Country as
follows:
1. No person may place or allow any device that contains any fruit,
grain, mineral, plant, salt, vegetable or other material to be placed
outdoors on any public or private property for the purpose of attracting
or feeding deer.
2. Each property owner shall have the duty to remove any materials placed
on the owner's property in violation of this Section. Failure to remove
such materials within twenty-four (24) hours after notice from the
City shall constitute a separate violation of this Section.
3. Each property owner shall have the duty to remove any device placed
on the owner's property to which deer are attracted or from which
deer actually feed. Alternatively, a property owner may modify such
a device or make other changes to the property that prevents deer
from having access to, or feeding from, the device. Failure to remove
such a device or to make such modifications within twenty-four (24)
hours after notice from the City shall constitute a separate violation
of this Section.
B. Rebuttable Presumption.
1. There is a rebuttable presumption that the placement of fruit, grain,
mineral, plant, salt, vegetable or other materials in an aggregate
quantity of more than one-half (½) gallon at the height of
less than six (6) feet off the ground is for the purpose of feeding
deer.
2. There is a rebuttable presumption that the placement of fruit, grain,
mineral, plant, salt, vegetable or other materials in an aggregate
quantity on any single lot of more than one-half (½) gallon
in a drop feeder, automatic feeder or similar device regardless of
the height of the fruit, grain, mineral, plant, salt, vegetable or
other material is for the purpose of feeding deer.
C. Exceptions.
1. Naturally growing materials. Naturally growing grain,
fruit or vegetable material, including gardens and residue from lawns,
gardens and other vegetable materials maintained as a mulch pile.
2. Bird feeders. Unmodified commercially purchased
bird feeders or their equivalent.
3. Authorized by the Board of Aldermen. Deer feeding
may be authorized on a temporary basis by the Board of Aldermen for
a specific public purpose as determined by the Board of Aldermen.
4. Counting. Deer feeding may be authorized on a temporary
basis by the Board of Aldermen for the purpose of determining the
deer population.
5. Incidental spills. This Section does not apply to
spills of seed materials intended for planting or to crop materials
that have been harvested if the spills are incidental to normal agricultural
operations and such materials are not intentionally made available
to deer.
6. This Section shall not apply to any resident or agent of the City
authorized to implement a wildlife management program and who possesses
the necessary permits from the Missouri Department of Conservation,
nor shall it apply to any public officer or public employee in the
performance of his or her duties. The provisions of this Section shall
not apply to the feeding of domestic animals.
D. Penalty. Any person violating any provision of this Section
shall for a first (1st) offense be issued a written warning. For any
second (2nd) or subsequent offense(s), forfeit not less than one hundred
dollars ($100.00) nor more than five hundred dollars ($500.00) for
each offense, together with the costs of prosecution. A separate offense
shall be deemed committed on each day or part of each day during which
a violation occurs or continues. Any person who defaults in the payment
of a forfeiture or the costs of prosecution may be imprisoned in the
County Jail until the forfeiture and costs are paid, but such imprisonment
shall not exceed thirty (30) days. This paragraph does not preclude
the City from taking any appropriate action to abate, prevent or remedy
a violation of any provision of this Section.
[Ord. No. 3407 §1, 2-25-2009]
It shall be unlawful to possess any theft detection shielding
device, theft detection device remover or other tool, instrument,
article, box or bag adapted, modified, constructed, designed or commonly
used for committing or facilitating offenses involving theft or shoplifting
with the intent to use such item in committing a theft, stealing or
shoplifting or with knowledge that some person has the intent to use
the same in committing a theft, stealing or shoplifting.
[Code 1975 §16.27; CC 1989 §15-141]
A person commits the offense of possession of a forging instrumentality
if, with the purpose of committing forgery, he/she makes, causes to
be made or possesses any plate, mold, instrument or device for making
or altering any writing or anything other than a writing.
[Code 1975 §16.28; CC 1989 §15-142]
A. A
person commits the offense of issuing a false instrument or certificate
when, being authorized by law to take proof or acknowledgement of
any instrument which by law may be recorded, or being authorized by
law to make or issue official certificates or other official written
instruments, he/she issues such an instrument or certificate, or makes
the same with the purpose that it be issued, knowing:
1. It contains a false statement or false information;
2. It is wholly or partly blank.