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.
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.
A. 
A person commits the offense of property damage if he/she:
1. 
Knowingly damages property of another in an amount less than seven hundred fifty dollars ($750.00); or
2. 
Damages property for the purpose of defrauding an insurer.
[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:
1. 
Actual communication to the actor; or
2. 
Posting in a manner reasonably likely to come to the attention of intruders.
[Ord. No. 16-029 §1, 7-5-2016]
A person commits the offense of climbing upon and/or jumping from a public bridge if he/she climbs the infrastructure, railing or fencing or jumps from the deck, infrastructure, railing or fencing of any public bridge within the corporate limits of the City of Ozark.
A. 
A person commits the offense of trespass of a school bus if he or she knowingly and unlawfully enters any part of any school bus.
B. 
For the purposes of this Section, the term "unlawfully enters" refers to any entry or operation of a school bus which is not:
1. 
Approved of and established in a school district's written policy on access to school buses; or
2. 
Authorized by specific written approval of the school board.
C. 
In order to preserve the public order, any district which adopts the policies described in Subsection (B) of this Section shall establish and enforce a student behavior policy for students on school buses.
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:
1. 
Starting a fire or causing an explosion; or
2. 
Allowing a fire burning on lands in his or her possession or control onto the property of another.
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 215.1110 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 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 having a value of less than seven hundred fifty dollars ($750.00) 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 215.1040 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. 
Definitions. As used in this Section, the following definitions shall apply:
MERCANTILE ESTABLISHMENT
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.
MERCHANDISE
All goods, wares and merchandise offered for sale or displayed by a merchant.
MERCHANT
Any corporation, partnership, association or person who is engaged in the business of selling goods, wares and merchandise in a mercantile establishment.
WRONGFUL TAKING
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
3. 
Any transaction for which the type of metal subject to Subsection (A) of this Section is a minor part of a larger item, except for equipment used in the generation and transmission of electrical power or telecommunications.
[Ord. No. 12-034 §1, 9-17-2012]
A. 
Every person, firm or corporation, except pawnbrokers licensed pursuant to Chapter 610 of this Code, who is regularly engaged in or conducting business for the purchase, sale, barter, exchange, recycling or reselling of antiques, coins, any metal including, but not limited to, aluminum, copper, gold, silver, brass, bronze and platinum, gems and semiprecious stones, watches, firearms, power tools, hand tools, computers, electronic equipment, cameras and camera equipment, including, but not limited to, film, digital and videotape still and motion picture cameras and camcorders and associated recording and viewing equipment, electronic game equipment and game cartridges or discs, compact digital discs (CDs), digital video discs (DVD or Blu Ray), musical instruments and equipment, bicycles and any self-propelled device not required to be licensed by the State Department of Revenue, including, but not limited to, every flea market merchant, secondhand dealer of the goods described in this Section, coin dealer, jeweler and junk dealer, both wholesale and retail, shall keep a permanent record in which he/she/it/they shall enter a description of all personal property, including precious gems or metals purchased by him/it/them, except those items purchased from wholesale dealers in such items, including any number, letter, marking or engraving that may be on such property for purposes of identification, including any owner applied markings. This record shall also contain all of the information required pursuant to Subsection (B) herein. For purposes of this Section, the term "engaged in or conducting business" means the purchase, sale, barter or exchange of any item mentioned in this Subsection, including the advertising therefore, and including such business conducted by an established dealer in a permanent location, and including any temporary, transient or itinerant business, whether or not such dealer is engaged in other business activities at such locations.
B. 
Every person, firm or corporation required to make and maintain records pursuant to this Section shall make a daily report to the Chief of Police giving a complete description (or, in lieu thereof, a color photograph) of all articles purchased or taken in barter or exchange by him/it/them including the date of the transaction, any number, letter, marking or engraving that may be on such property for the purposes of identification, including any owner applied markings and the first and last name, residential address, driver's license number, military identification number, identification certificate number, or other official number capable of identifying the seller, race, sex, color of eyes and hair, date of birth, height and weight and telephone number of the person from whom the purchase was made and for all property purchased or taken in batter or exchange an acknowledgment that the seller provided the dealer at the time of the sale or barter or exchange with a signed document that the seller had a right to sell the property.
C. 
If such property contains in whole or in part a precious gem or metal and such property is difficult to describe, the property shall be photographed and the photograph shall be included to the permanent record describing the property. The account of the purchase price shall also be recorded.
D. 
The permanent record shall not be defaced or erased and shall be open to any Peace Officer as defined in Missouri Revised Statutes Section 590.010 together with the article purchased provided that the articles shall remain in the possession of the dealer. For purposes of this Article, a secondhand dealer shall include, but not be limited to, those persons who purchase items for resale at flea markets and persons other than wholesale dealers in such items.
E. 
Every person, firm or corporation required to keep permanent records under this Section shall keep those records for a period of at least two (2) years from the date of the purchase.
F. 
Effective January 1, 2013 and thereafter, each person, firm or corporation required to keep permanent records and daily reports herein shall make their reports of the purchase of the property described herein electronically as set out in Missouri Revise Statutes Section 367.031 and shall report the information prescribed by that Statute and Section 215.1260 of this Code to the electronic database as authorized by Statute. If more than one (1) database is available for such reporting, each person, firm or corporation shall make their reports to the database directed for such reporting by the Chief of Police. The database designation information shall be on file with and available at the Police Department and with the City Clerk.
G. 
Every person, firm or corporation required to make and maintain records pursuant to this Section, in addition to the report required in this Section, shall make a report of any purchase, sale, barter or exchange of scrap metal, including aluminum, copper, platinum and all other metals regardless of kind or type, with a value of fifty dollars ($50.00) or more within twenty-four (24) hours of the purchase, sale, barter or exchange to the Chief of Police in an electronic database designated by the Chief as set forth in Subsection (B) hereof and said information shall be completed in full without any missing data or information.
H. 
Any person selling or providing for barter or exchange any of the items described in this Section must provide the person, firm or corporation acquiring said goods with a valid government-issued card or document to complete the forms and reports required herein.
[Ord. No. 12-034 §1, 9-17-2012]
No gold, silver, diamonds or other precious or semiprecious gems or precious metals received or purchased by any person, firm or corporation subject to Section 215.1250 shall be removed from a designated location within the City within seven (7) days after receipt thereof nor shall any such precious gems or precious metals be melted or recut within seven (7) days from the receipt thereof. Further, no person, firm or corporation shall sell, transfer ownership or possession or otherwise remove from said designated location any goods of any kind or type, including, but not limited to, all items described in Section 215.1250(A) received in purchase, sale, barter or exchange for twenty-four (24) hours from the time of the receipt of such goods.