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.
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]
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.
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 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.
[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:
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.
[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:
[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.
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 RSMo. §570.080,
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 metal 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; or
4.
Catalytic converter.
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 Subsection;
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 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
scrap metal purchased or sold does not exceed fifty dollars ($50.00),
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
[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:
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.
A.
A
person commits the offense of forgery if, with the purpose to defraud,
the person:
1.
Makes, completes, alters or authenticates any writing so that it
purports to have been made by another or at another time or place
or in a numbered sequence other than was in fact the case or with
different terms or by authority of one who did not give such authority;
or
2.
Erases, obliterates or destroys any writing; or
3.
Makes or alters anything other than a writing, including receipts
and universal product codes, so that it purports to have a genuineness,
antiquity, rarity, ownership or authorship which it does not possess;
or
4.
Uses as genuine, or possesses for the purpose of using as genuine,
or transfers with the knowledge or belief that it will be used as
genuine, any writing or other thing including receipts and universal
product codes, which the person knows has been made or altered in
the manner described in this Section.
[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]
Editor's Note: The previous Code Sections pertaining to: False
Advertisement, derived from former RSMo., §570.160; Bait Advertising,
derived from former RSMo., §570.170; and Telephone Service Fraud,
derived from former RSMo., §570.160 have all been removed from
this Offense Chapter as the authorizing statutes were all repealed
without replacement by SB 491 in the 2014 Legislative Session, effective
1-1-2017.
