[Ord. No. 5508 § 2, 11-28-2016; Ord.
No. 5775, 3-14-2022]
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;
2.
Unlawfully enters in or upon another's automobile, airplane,
motorcycle, motorboat, or other motor-propelled vehicle; 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;
3.
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 homes or vehicles;
4.
Tampers or makes connection with property of a 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:
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 subdivision by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.
[1]
Note: See Section 569.090, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
A.
A person commits the offense of tampering with computer data if he
or she knowingly and without authorization or without reasonable grounds
to believe that he or she has such authorization:
1.
Modifies or destroys data or programs residing or existing internal
to a computer, computer system, or computer network; or
2.
Modifies or destroys data or programs or supporting documentation
residing or existing external to a computer, computer system, or computer
network; or
3.
Discloses or takes data, programs or supporting documentation,
residing or existing internal or external to a computer, computer
system, or computer network; or
4.
Discloses or takes a password, identifying code, personal identification
number, or other confidential information about a computer system
or network that is intended to or does control access to the computer
system or network; or
5.
Accesses a computer, a computer system, or a computer network,
and intentionally examines information about another person; or
6.
Receives, retains, uses, or discloses any data he or she knows
or believes was obtained in violation of this Section.
[1]
Note: See Section 569.095, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
A.
A person commits the offense of tampering with computer equipment
if he or she knowingly and without authorization or without reasonable
grounds to believe that he or she has such authorization:
[1]
Note: See Section 569.097, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
A.
A person commits the offense of tampering with computer users if
he or she knowingly and without authorization or without reasonable
grounds to believe that he or she has such authorization:
[1]
Note: See Section 569.099, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
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 or she does so under a claim of right and has reasonable
grounds to believe he or she has such a right.
B.
The defendant shall have the burden of injecting the issue of claim
of right.
[R.O. 2008 § 18-136; Ord. No. 513 § 10, 12-23-1968; Ord. No. 1355 §§ 1 — 2, 8-28-1989; Ord. No. 2283 § 1, 6-14-2004; Ord. No. 5257 § 1, 6-25-2012; Ord. No. 5508 § 2, 11-28-2016]
A.
Trespass Unlawful In City.
1.
A person commits the offense of trespass if he or she enters
unlawfully or knowingly remains unlawfully in a building or inhabitable
structure or upon real property, or climbs or skateboards upon a City
structure that has been posted with notice prohibiting such climbing
or skateboarding at the direction of the City Administrator.
2.
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. For the purposes of this Subsection, the
terms "unlawfully enters" and "unlawfully operates" refer to any entry
or operation of a school bus which is not:
B.
Definitions. As used in this Section, a person "enters unlawfully
or remains unlawfully" 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.
[1]
Note: See Sections 569.010 and 569.140 through 569.155, RSMo.
[Ord. No. 5677, 1-13-2020]
A.
No
person shall use, direct or control any aircraft including but not
limited to unmanned aircraft or drone, or system related thereto,
in violation of any applicable Federal or State law or regulation.
B.
No
person shall use, direct or control any unmanned aircraft or drone,
or system related thereto, so as to cause it to take off from or land
on any property owned by the City of Creve Coeur, other than H. Phillip
Venable Memorial Park, Malcolm Terrace Park, Conway Park, Lake School
Park, or Millennium Park. The foregoing prohibition shall not apply
to employees of the City of Creve Coeur acting within the scope and
course of their employment or any other person acting with the permission
of the City Administrator or any department head.
[Ord. No. 5508 § 2, 11-28-2016]
A person commits the offense of reckless burning or exploding
if he or she recklessly starts a fire or causes an explosion and thereby
damages or destroys the property of another.
[1]
Note: See Section 569.060, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
A.
A person commits the offense of negligent burning or exploding if
he or she with criminal negligence causes damage to property, woodlands,
or grasslands of another by:
[1]
Note: See Section 569.065, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
A.
A person commits the offense of stealing if he or she 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. However, a person shall not be deemed to have stolen
video service if the video company provides unsolicited services or
fails to change or disconnect service within ten (10) days after receiving
written notice to do so by its customer. Additionally, a person does
not commit an offense under this Section if, at the time of the appropriation,
he or she:
[1]
Note: See Sections 570.030, 570.039 and 570.070, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
A person commits the offense of receiving stolen property if,
for the purpose of depriving the owner of a lawful interest therein,
he or she receives, retains or disposes of property of another knowing
that it has been stolen or believing that it has been stolen.
[1]
Note: See Section 570.030, RSMo.
[Ord. No. 5264 § 10, 8-27-2012; Ord. No. 5508 § 2, 11-28-2016]
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 benefiting 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; 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, and which includes but is not
limited to the improper or fraudulent use of a power of attorney,
guardianship, conservatorship, or other fiduciary authority.
B.
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 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.
C.
Nothing in this Section shall be construed to impose 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.
[1]
Note: See Section 570.145, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
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:
1.
The device is stolen, fictitious or forged;
2.
The device has been revoked or canceled;
3.
For any other reason his or her use of the device is unauthorized;
or
4.
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
Subsection 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: See Section 570.130, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
A person commits the offense of fraudulently stopping payment
of an instrument if he or she, with the purpose to defraud, stops
payment on a check, draft, or debit device used in payment for the
receipt of good or services. It shall be prima facie evidence of a
violation of this Section if a person stops payment on a check, draft
or debit device and fails to make good the check, draft or debit device
transaction, or fails to return or make and comply with reasonable
arrangements to return the property for which the check, draft or
debit device was used in the same or substantially the same condition
as when received within ten (10) days after notice in writing from
the payee that the check, draft or debit device has not been paid
because of a stop payment order by the issuer to the drawee. "Notice
in writing" under this Section means notice deposited as certified
or registered mail in the United States mail and addressed to the
issuer as it appears on the dishonored check, draft or debit device
transaction or to his or her last known address, containing a statement
that failure to make good the check, draft or debit device transaction
within ten (10) days of receipt of the notice may subject the issuer
to prosecution hereunder.
[1]
Note: See Section 570.125, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
A.
A person commits the offense of fraudulent procurement of a credit
or debit device if he or she:
1.
Knowingly makes or causes to be made, directly or indirectly,
a false statement regarding another person for the purpose of procuring
the issuance of a credit or debit device; or
2.
Knowingly obtains a means of identification of another person
without the authorization of that person and uses that means of identification
to obtain, or attempt to obtain, credit, goods or services in the
name of the other person without the consent of that person; or
3.
Knowingly possesses a fraudulently obtained credit or debt device.
[1]
Note: See Section 570.135, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
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 or exposes 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 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 such property or service: at the price which
he or she offered them, in a quantity sufficient to meet the reasonably
expected public demand unless the quantity is specifically stated
in the advertisement, or at all.
[1]
Note: See Section 570.140, RSMo.
[Ord. No. 5505 § 1, 11-14-2016; Ord. No. 5508 § 2, 11-28-2016]
A.
Unless expressly otherwise authorized in writing signed by the City
Administrator or his designee, no person shall use any symbol, insignia,
seal or logo of the City or any department thereof or related governmental
body or agency (herein collectively the "City") except in connection
with the business of the City, and specifically no person shall:
1.
Use any reproduction, counterfeit, copy, or colorable imitation
of any such seal or logo in connection with the sale, offering for
sale, or advertising of any goods or services other than those of
the City; or
2.
Reproduce, counterfeit, copy or colorably imitate any such seal
or logo and apply such reproduction, counterfeit, copy or colorable
imitation to labels, signs, prints, packages, wrappers, receptacles,
or advertisements intended to be used upon or in conjunction with
the sale or other distribution of goods or services other than those
of the City.
[1]
Note: Compare Section 417.056, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
A.
A person commits the offense of alteration or removal of item numbers
if he or 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: See Section 570.085, RSMo.
[Ord. No. 5242 § 1, 2-13-2012; Ord. No. 5508 § 2, 11-28-2016]
A.
A person commits the offense of stealing leased or rented property
if, with the intent to deprive the owner thereof, such person:
1.
Purposely 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 the 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.
[1]
Note: See Section 570.057, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
A.
A person commits the offense of passing a bad check when he or 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 Subparagraph (2) of Subsection (A) 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: See Section 570.120, RSMo.
[Ord. No. 5508 § 2, 11-28-2016]
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.
[Ord. No. 5272 § 3, 9-24-2012; Ord. No. 5508 § 2, 11-28-2016]
[Ord. No. 5508 § 2, 11-28-2016]
