[R.O. 1996 § 210.1020; Ord. No. 826, 11-10-2016]
As used in this Article, the following
terms mean:
A person enters or remains in or upon premises when he/she
is not licensed or privileged to do so. A person who, regardless of
his/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/she defies a lawful order not to enter or remain, personally communicated
to him/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.
[R.O. 1996 § 210.1030; Ord. No. 826, 11-10-2016]
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.
[R.O. 1996 § 210.1040; Ord. No. 826, 11-10-2016]
[1]
Note: Under certain circumstances this offense
can be a felony under state law.
[R.O. 1996 § 210.1050; Ord. No. 826, 11-10-2016]
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.
[R.O. 1996 § 210.1060; Ord. No. 826, 11-10-2016]
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:
[R.O. 1996 § 210.1070; Ord. No. 826, 11-10-2016]
[R.O. 1996 § 210.1080; Ord. No. 826, 11-10-2016]
A.
A person commits the offense of trespass
of a school bus if he/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:
[R.O. 1996 § 210.1090; Ord. No. 826, 11-10-2016]
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.
[R.O. 1996 § 210.1100; Ord. No. 826, 11-10-2016]
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:
[R.O. 1996 § 210.1110; Ord. No. 826, 11-10-2016]
A.
A person commits the offense of stealing
if he/she:
1.
Appropriates property or services
of another with the purpose to deprive him/her thereof, either without
his/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/her thereof, either without his/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.
[R.O. 1996 § 210.1120; Ord. No. 826, 11-10-2016]
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.
[R.O. 1996 § 210.1140; Ord. No. 826, 11-10-2016]
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/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/her property, but through no fault of his/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.
[R.O. 1996 § 210.1150; Ord. No. 826, 11-10-2016]
A.
A person commits the offense of fraudulent
use of a credit device or debit device if he/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/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.
[R.O. 1996 § 210.1160; Ord. No. 826, 11-10-2016]
A.
A person commits the offense of deceptive
business practice if in the course of engaging in a business, occupation
or profession, he/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/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:
[R.O. 1996 § 210.1170; Ord. No. 826, 11-10-2016]
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.
[R.O. 1996 § 210.1180; Ord. No. 826, 11-10-2016]
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.
[R.O. 1996 § 210.1190; Ord. No. 826, 11-10-2016]
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.
[R.O. 1996 § 210.1200; Ord. No. 826, 11-10-2016]
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.
[R.O. 1996 § 210.1210; Ord. No. 826, 11-10-2016]
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
[R.O. 1996 § 210.1220; Ord. No. 826, 11-10-2016]
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.
[R.O. 1996 § 210.1230; Ord. No. 826, 11-10-2016]
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 Chapters 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.
[R.O. 1996 § 210.1240; Ord. No. 826, 11-10-2016]
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.
[R.O. 1996 § 210.1250; Ord. No. 826, 11-10-2016]
A.
In addition to the posting of real property as set forth in Section 210.1060 the owner or lessee of any real property may post the property by placing identifying purple marks on trees or posts around the area to be posted. Each purple mark shall be:
1.
A vertical line of at least eight
(8) inches in length and the bottom of the mark shall be no less than
three (3) feet nor more than five (5) feet high. Such marks shall
be placed no more than one hundred (100) feet apart and shall be readily
visible to any person approaching the property; or
2.
A post capped or otherwise marked
on at least its top two (2) inches. The bottom of the cap or mark
shall be not less than three (3) feet but not more than five (5) feet
six (6) inches high. Posts so marked shall be placed not more than
thirty-six (36) feet apart and shall be readily visible to any person
approaching the property. Prior to applying a cap or mark which is
visible from both sides of a fence shared by different property owners
or lessees, all such owners or lessees shall concur in the decision
to post their own property.
[R.O. 1996 § 210.1260; Ord. No. 826, 11-10-2016]
A.
A person who appropriates lost property shall not be deemed to have stolen that property within the meaning of Section 210.1110 unless such property is found under circumstances which gave the finder knowledge of or means of inquiry as to the true owner.
B.
The defendant shall have the burden of
injecting the issue of lost property.
