[1]
State Law References—Stealing, §560.156, RSMo.;
frauds, cheats, swindlers, §564.460, RSMo.
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 rides in or upon another's automobile, airplane, motorcycle,
motorboat or other motor-propelled vehicle;
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 paragraph (4) of Subsection (A), 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 paragraph (4) of Subsection (A), 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.
[Ord. No. 6466 § 1, 1-10-2017]
A.
ACCESS (RELATIVE TO COMPUTERS)
COMPUTER
COMPUTER EQUIPMENT
COMPUTER HARDWARE
COMPUTER NETWORK
COMPUTER PROGRAM
COMPUTER SOFTWARE
COMPUTER SYSTEM
COMPUTER-RELATED DOCUMENTATION
DAMAGE
DATA
SERVICES
TAMPER
Definitions. The following terms shall mean:
To instruct, communicate with, store data in, retrieve or
extract data from, or otherwise make any use of any resources of,
a computer, computer system, or computer network.
The box that houses the central processing unit (cpu), along
with any internal storage devices, such as internal hard drives, and
internal communication devices, such as internal modems capable of
sending or receiving electronic mail or fax cards, along with any
other hardware stored or housed internally. Thus, computer refers
to hardware, software and data contained in the main unit. Printers,
external modems attached by cable to the main unit, monitors, and
other external attachments will be referred to collectively as peripherals
and discussed individually when appropriate. When the computer and
all peripherals are referred to as a package, the term "computer system"
is used. Information refers to all the information on a computer system
including both software applications and data.
Computers, terminals, data storage devices, and all other
computer hardware associated with a computer system or network.
All equipment which can collect, analyze, create, display,
convert, store, conceal or transmit electronic, magnetic, optical
or similar computer impulses or data. Hardware includes, but is not
limited to, any data processing devices, such as central processing
units, memory typewriters and self-contained laptop or notebook computers;
internal and peripheral storage devices, transistor-like binary devices
and other memory storage devices, such as floppy disks, removable
disks, compact disks, digital video disks, magnetic tape, hard drive,
optical disks and digital memory; local area networks, such as two
(2) or more computers connected together to a central computer server
via cable or modem; peripheral input or output devices, such as keyboards,
printers, scanners, plotters, video display monitors and optical readers;
and related communication devices, such as modems, cables and connections,
recording equipment, RAM or ROM units, acoustic couplers, automatic
dialers, speed dialers, programmable telephone dialing or signaling
devices and electronic tone-generating devices; as well as any devices,
mechanisms or parts that can be used to restrict access to computer
hardware, such as physical keys and locks.
Two (2) or more interconnected computers or computer systems.
A set of instructions, statements, or related data that directs
or is intended to direct a computer to perform certain functions.
Digital information which can be interpreted by a computer
and any of its related components to direct the way they work. Software
is stored in electronic, magnetic, optical or other digital form.
The term commonly includes programs to run operating systems and applications,
such as word processing, graphic, or spreadsheet programs, utilities,
compilers, interpreters and communications programs.
A set of related, connected or unconnected, computer equipment,
data, or software.
Written, recorded, printed or electronically stored material
which explains or illustrates how to configure or use computer hardware,
software or other related items.
When used in relation to a computer system or network, means
any alteration, deletion, or destruction of any part of the computer
system or network.
A representation of information, facts, knowledge, concepts,
or instructions prepared in a formalized or other manner and intended
for use in a computer or computer network. Data may be in any form
including, but not limited to, printouts, microfiche, magnetic storage
media, punched cards and as may be stored in the memory of a computer.
When used in relation to a computer system or network, means
use of a computer, computer system, or computer network and includes,
but is not limited to, computer time, data processing, and storage
or retrieval functions.
To interfere with improperly, meddle with, displace, make
unwanted alterations, or deprive owner or possessor of something temporarily.
B.
Tampering With Computer Data. 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.
C.
Tampering With Computer Equipment. 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:
D.
Tampering With Computer Users. 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:
[Ord. No. 6466 § 1, 1-10-2017]
[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.
[CC 1970 §17-26; CC 1947 §12-53; Ord. No. 5787 §1, 10-14-2003]
A.
ENTER UNLAWFULLY OR REMAIN UNLAWFULLY
INHABITABLE STRUCTURE
1.
2.
3.
OF ANOTHER
Definitions. The following words, terms and phrases, when
used in this Section, shall have the meanings ascribed to them in
this Subsection, except where the context clearly indicates a different
meaning:
A person enters unlawfully or remains unlawfully 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.
Inhabitable structure includes a ship, trailer, sleeping
car, airplane or other vehicle or structure:
Where any person lives or carries on business or other calling;
Where people assemble for purposes of business, government,
education, religion, entertainment or public transportation; or
Which is used for overnight accommodation of persons. Any such
vehicle or structure is inhabitable regardless of whether a person
is actually present.
Property is that of another if any natural person, corporation,
partnership, association, governmental subdivision or instrumentality,
other than the actor, has a possessory or proprietary interest therein.
If a building or structure is divided into separately occupied units,
any unit not occupied by the actor is an inhabitable structure of
another.
B.
A person
commits the crime of trespass if he/she knowingly enters unlawfully
or knowingly remains unlawfully in a building or inhabitable structure
or upon real property.
C.
A person
does not commit the crime 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:
D.
Any
person who commits the offense of trespassing shall be deemed guilty
of a misdemeanor.
[CC 1970 §17-27; CC 1947 §12-53]
Any person parking a motor vehicle on a parking lot or on any
private way or street without the consent of the owner of such parking
lot or private way or street or without the consent of the operator
of such parking lot shall be deemed guilty of a misdemeanor.
[Ord. No. 6466 § 1, 1-10-2017]
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. 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:
A person commits the offense of reckless burning or exploding
when he/she knowingly starts a fire or causes an explosion and thereby
recklessly damages or destroys a building or an inhabitable structure
of another.
[Ord. No. 6466 § 1, 1-10-2017]
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:
[Ord. No. 6466 § 1, 1-10-2017]
A.
A person commits the offense of stealing if he/she 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.
B.
Evidence of the following is admissible in any prosecution pursuant
to this Section on the issue of the requisite knowledge or belief
of the alleged stealer that:
1.
He/she failed or refused to pay for property or services of
a hotel, restaurant, inn or boarding house;
2.
He/she gave in payment for property or services of a hotel,
restaurant, inn or boarding house a check or negotiable paper on which
payment was refused;
3.
He/she left the hotel, restaurant, inn or boarding house with
the intent to not pay for property or services;
4.
He/she surreptitiously removed or attempted to remove his/her
baggage from a hotel, inn or boarding house; or
5.
He/she, with intent to cheat or defraud a retailer, possesses,
uses, utters, transfers, makes, alters, counterfeits or reproduces
a retail sales receipt, price tag or universal price code label or
possesses, with intent to cheat or defraud, the device that manufactures
fraudulent receipts or universal price code labels.
C.
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.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
[CC 1970 §17-29; CC 1947 §12-55]
Any person who shall, in the City, steal, tamper with, take
or drive away from any garage, parking lot, space or location any
vehicle not his/her own thereof shall be deemed guilty of a misdemeanor.
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 215.330 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.
[CC 1970 §17-6; CC 1947 §12-10]
Any person who makes, mends, designs or sets up or who has in
his/her custody or concealed about his/her person any tool, false
key, lock pick, bit, nippers fuse, force screw, punch, drill, jimmy
or any material, implement, instrument or other mechanical device
whatsoever adopted, designed or commonly used for breaking into any
vault, safe, warehouse, motor vehicle, store, shop, office, dwelling
house or door, window or shutter of any building shall be deemed guilty
of a misdemeanor.
A.
A person
commits the offense of receiving stolen property if, for the purpose
of depriving the owner of a lawful interest therein, he/she receives,
retains or disposes of property of another knowing that it has been
stolen or believing that it has been stolen.
B.
Evidence
of the following is admissible in any criminal prosecution pursuant
to this Section to prove the requisite knowledge or belief of the
alleged receiver that:
1.
He/she was found in possession or control of other property stolen
on separate occasions from two (2) or more persons;
2.
He/she received other stolen property in another transaction within
the year preceding the transaction charged;
3.
He/she acquired the stolen property for a consideration which he/she
knew was far below its reasonable value; or
4.
He/she obtained control over stolen property knowing the property
to have been stolen or under such circumstances as would reasonably
induce a person to believe the property was stolen.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
A.
A person
commits the offense of financial exploitation of an elderly or disabled
person if such person knowingly and by deception, intimidation or
force obtains control over the elderly or disabled person's property
with the intent to permanently deprive the elderly or disabled person
of the use, benefit or possession of his/her property thereby benefiting
such person or detrimentally affecting the elderly or disabled person.
Financial exploitation of an elderly or disabled person is a misdemeanor
if the value of the property is less than fifty dollars ($50.00).
B.
DECEPTION
1.
2.
3.
4.
5.
DISABLED PERSON
ELDERLY PERSON
INTIMIDATION
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
A misrepresentation or concealment of material fact relating
to the terms of a contract or agreement entered into with the elderly
or disabled person or to the existing or pre-existing condition of
any of the property involved in such contract or agreement or the
use or employment of any misrepresentation, false pretense or false
promise in order to induce, encourage or solicit the elderly or disabled
person to enter into a contract or agreement.
"Deception" includes:
Creating or confirming another person's impression which is
false and which the offender does not believe to be true.
Failure to correct a false impression which the offender previously
has created or confirmed.
Preventing another person from acquiring information pertinent
to the disposition of the property involved.
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.
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.
A person with a mental, physical or developmental disability
that substantially impairs the person's ability to provide adequately
for the person's care or protection.
A person sixty (60) years of age or older.
A threat of physical or emotional harm to an elderly or disabled
person, or the communication to an elderly or disabled person that
he/she will be deprived of food and nutrition, shelter, prescribed
medication, or medical care and treatment.
C.
Nothing
in this Section shall be construed to limit the remedies available
to the victim pursuant to any State law relating to domestic violence.
D.
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 or
disabled person in the management of his/her property, but through
no fault of his/her own has been unable to provide such assistance.
E.
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 or disabled person
has become accustomed at the time of such actions.
F.
It
shall not be a defense to financial exploitation of an elderly or
disabled person that the accused reasonably believed that the victim
was not an elderly or disabled person.
[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 the person 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/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 said charges or payment without just cause.
It shall be prima facie evidence of a violation of this Section if
a person cancels said 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.
[Ord. No. 6466 § 1, 1-10-2017]
A person commits the offense of fraudulently stopping payment
of an instrument if her or she, with the purpose to defraud, stops
payment on a check, draft, or debit device used in payment for the
receipt of goods 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 State 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.
[Ord. No. 6466 § 1, 1-10-2017]
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.
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 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/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
[Ord. No. 6466 § 1, 1-10-2017]
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.
[Ord. No. 6466 § 1, 1-10-2017]
[CC 1970 §17-18; CC 1947 §7-30; Ord. No. 3853 §1, 10-26-1976; Ord. No. 4187 §1, 4-28-1981; Ord. No. 4828 §1, 9-24-1991; Ord. No. 4835 §1, 10-22-1991]
It shall be unlawful for any person to paint, paste, post, place
or affix any advertisement, bill, placard, poster, sign or device
of any kind upon any vehicle, tree, pole, post, hydrant, bridge or
any structure or ground upon any private or public street, sidewalk,
alley, parkway, park, tree, lawn or other public place in the City;
provided however, nothing herein shall apply to any notice required
by law or ordinance to be posted or to any official sign or notice
by public officers. Provided further, nothing herein shall apply to
any decorative banners, flags, holiday decorations or similar devices
erected by a governmental jurisdiction to enhance an area or promote
commerce or civic events.
[Ord. No. 5879 §2(13-7.2), 5-24-2005]
No person shall tack, stick, paste or fasten in any manner any handbill or flier containing commercial advertising of a written, printed or pictorial nature upon any public property within the limits of the City or on any motor vehicle, dwelling or other structure within the City without the consent of the owner or occupant thereof. Such violation constitutes a public nuisance. When a public nuisance as described herein exists, the enforcement procedures set forth in Section 220.020 shall be used.
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 failing to return leased or rented property
if, with the intent to deprive the owner thereof, he/she 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. In addition, any
person who has leased or rented personal property of another, who
conceals the property from the owner or who otherwise sells, pawns,
loans, abandons or gives away the leased or rented property is guilty
of the offense of failing to return leased or rented property. 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.
B.
It
shall be prima facie evidence of the offense of failing to return
leased or rented property when a person who has leased or rented personal
property of another willfully fails to return or make arrangements
acceptable with the lessor to return the personal property to its
owner at the owner's place of business within ten (10) days after
proper notice following the expiration of the lease or rental agreement,
except that if the 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 failing to return 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 ten (10) 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.
C.
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.
D.
Proper
notice by the lessor shall consist of a written demand addressed and
mailed by certified or registered mail to the lessee at the address
given at the time of making the lease or rental agreement. The notice
shall contain a statement that the failure to return the property
may subject the lessee to criminal prosecution.
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 shall be guilty of property damage pursuant to Section 215.295 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.
A.
A person
commits the offense of passing a bad check when:
1.
With purpose to defraud, the person 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.
The person 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 (10) day period during which the instrument may be paid
and that payment of the instrument within such ten (10) 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.
[1]
Editor’s Note: Former Section 215.400, Value of Property
Determinant of Violation, which derived from CC 1970 § 17-79;
CC 1947 § 12-60(b); Ord. No. 4018 § 1, 4-24-1979; Ord. No.
5459 § 1, 9-8-1998; Ord. No. 5727 § 1, 10-22-2002 was repealed
1-10-2017 by Ord. No. 6466.
[CC 1970 §17-80; CC 1947 §12-60(d)]
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.
[CC 1970 §17-81; CC 1947 §12-60(e)]
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 this Article and the finding
of such unpurchased merchandise 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.
[CC 1970 §17-82; Ord. No. 4779 §1, 8-14-1990]
It shall be unlawful for any person to take, steal, contaminate
or disturb any of the recyclable materials set out for collection
or any container used for the storage and collection of such recyclable
materials. For the purposes of this Section, "recyclable materials" are glass, plastic, paper, aluminum, cardboard and any other materials
which may be designated for recycling by the City.
