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.
[Ord. No. 396-82 Art. IV §9, 12-20-1982]
A. A
person commits the ordinance violation of tampering with a utility
if he/she knowingly shall accept or receive the use or benefit of
gas, electric current, steam, water, sewage disposal, communication
service or cable television service:
1. When such gas, electric current, steam, water, sewage disposal, communication
service or cable television service should pass through a meter but
has been diverted therefrom; or
2. When such gas, electric current, steam, water, sewage disposal, communication
service or cable television service shall have been obtained by diversion
of same without authorization from the utility producing or providing
such service.
3. For the purposes of this Section, the presence of a meter or other
property of a utility of any wire, pipe or other device whatsoever
which affects the diversion of gas, electric current, steam, water,
sewage disposal, communication service or cable television service
without the proper measurement or registration of such service or
which shall have been installed or attached without the authorization
of the utility providing such service shall be prima facie evidence
of knowledge thereof on the part of the person who has custody or
control of the building or portion of the building to which the use
or benefit of such service shall have been diverted and shall further
be prima facie evidence of the intent of such person to accept or
receive the use of such service.
[Ord. No. 738-97 §§1 —
3, 5-19-1997]
A. A
person commits the ordinance violation of trespass on school property
in the first degree if:
1. Such school property is posted with signs at each entrance thereto
providing notice to the public in substantially the following form:
Entrance upon school property in a vehicle shall constitute
trespass in the first degree unless such person operates the vehicle
while on the school property in a manner as would be required by the
traffic laws of Kearney, Missouri, and
2. Such person violates the conditions of such notice.
B. It
shall be prima facie proof of the violation of the terms of such notice
if a Kearney, Missouri, Police Officer observes a violation of the
traffic laws of Kearney, Missouri, occurring on school property.
C. Any
such public school official may authorize in writing that upon the
observance of a traffic violation on school property by a Kearney,
Missouri, Police Officer, such official desires to prosecute such
violator as a trespasser and requests such officer to write a ticket
charging "trespass" by setting forth the nature of the traffic violation
and, if necessary, such public school official will sign a complaint.
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. 214 §§1 —
5, 9-22-1969]
A. Any
person who, in any store or other place of business, shall knowingly
direct or order the shipment or delivery of any article of any value
whatever by the owner of such store or other place of business to
an untrue or fictitious address under an agreement for the purchase
or lease of such article with the intent thereby to defraud the owner
of his/her property in such articles shall be deemed guilty of an
ordinance violation.
B. Any
person who shall obtain from any store or other place of business
any article of personal property of any value whatever by knowingly
giving an untrue or unauthorized name for the purchase with intent
thereby to defraud the proprietor of such store or other place of
business of such article shall be deemed guilty of an ordinance violation.
C. Every
person who, with intent to cheat or defraud another, shall designedly
by color of any false token or writing or by any other false pretense
obtain the signature of any person to any written instrument or obtain
from any person any money, personal property, right in action or other
valuable thing or effects whatsoever and every person who shall, with
the intent to cheat and defraud another, agree or contract with such
other person or his/her agent, clerk or servant for the purchase of
any goods, wares, merchandise or other property whatsoever to be paid
for upon delivery and shall in pursuance of such intent to cheat and
defraud, after obtaining possession of any such property, sell, transfer,
secrete or dispose of the same before paying or satisfying the owner
or his/her agent, clerk or servant therefor shall be guilty of an
ordinance violation.
D. "Person", as used in this Section shall also be deemed to
include corporations, partnerships or associations.
[Ord. No. 396-82 Art. IV §13, 12-20-1982]
It shall be unlawful for any person within the corporate limits
of the City to stick any bill, poster or notice upon any wall or fence
or the private property of another person without the consent of such
person.
[Ord. No. 396-82 Art. IV §14, 12-20-1982]
It shall be unlawful for any person to put any filth or impurity
in any spring, well, cistern, pond or public water supply within the
corporate limits of said City.
[Ord. No. 396-82 Art. IV §15, 12-20-1982]
It shall be unlawful for any person to place or dig in or on
any street, alley or vacant lot or common in the limits of the City
without permission of legal authority or owner thereof.
[Ord. No. 396-82 Art. IV §16, 12-20-1982]
It shall be unlawful for any person to damage, deface, mar or
place trash or litter upon property of any kind owned by another or
by the City or to enter into or upon private property without the
consent of the owner of such property.
[Ord. No. 396-82 Art. IV §17, 12-20-1982]
A. It
shall be unlawful for any person to paste, fasten or in any manner
affix to any curb or sidewalk of any public street in the City any
drawing, writing, handbill, placard, poster, dodger or notice of advertisement.
B. It
shall be unlawful for any person to write, paint, post, tack or place
any card, sign, notice, handbill, dodger or advertisement in, on or
upon any tree, post, pole, fence, wall, building, premises or other
property owned by, or belonging to, or in charge of another person
without first having obtained from such person so owning or in charge,
custody or control thereof written permission to do so.
C. No
person shall fasten in any way any showcard, poster, other advertising
device or sign on public property in the City unless legally authorized
to do so by a City Official to be appointed by the Board of Aldermen.
D. Any
person convicted of violating any of the provision of this Section
shall be punished by a fine not exceeding five hundred dollars ($500.00).
Each day during which the violation continues shall constitute a separate
ordinance violation.