[R.O. 1996 § 220.360; CC 1968 § 14-100; Ord. No. 1147 § 1, 4-12-1982]
The following words when used in Sections 220.360 through 220.395, shall have these prescribed meanings:
A person "enters unlawfully or remains unlawfully" in or
upon premises when they are not licensed or privileged to do so. A
person who, regardless of their purpose, enters or remains in or upon
premises which are at the time open to the public does so with license
and privilege unless they defy a lawful order not to enter or remain,
personally communicated to them 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.
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 accommodations
of persons;
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Any such vehicle or structure is
"inhabitable" regardless of whether a person is actually present.
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If a building or structure is divided into separately occupied
units, any unit not occupied by the actor is an "inhabitable structure
of another."
Property is that "of another" if any entity, including, but
not limited to, a natural person, corporation, limited-liability company,
partnership, association, governmental subdivision or instrumentality,
other than the actor, has possessory or proprietary interest therein,
except that property shall not be deemed property of another who has
only a security interest therein, even if legal title is in the creditor
pursuant to a conditional sales contract or other security arrangement.
[Ord. No. 4638 § 2, 12-19-2016]
To interfere with something improperly, to meddle with it,
displace it, make unwarranted alterations in its existing condition
or to deprive, temporarily, the owner or possessor of that thing.
An enterprise which provides gas, electric, steam, water,
sewerage disposal, or communication, video, internet, or voice over
internet protocol services, or cable television service, and any common
carrier. It may be either publicly or privately owned or operated.
[Ord. No. 4638 § 2, 12-19-2016]
[R.O. 1996 § 220.365; CC 1968 § 14-101; Ord. No. 1147 § 1, 4-12-1982; Ord. No. 4638 § 9, 12-19-2016]
A person commits the offense of reckless burning or exploding
if they recklessly start a fire or cause an explosion and thereby
damage or destroy the property of another.
[R.O. 1996 § 220.370; CC 1968 § 14-102; Ord. No. 1147 § 1, 4-12-1982]
A person commits the offense of negligent
burning or exploding when they with criminal negligence cause damage
to property of another by fire or explosion.
[R.O. 1996 § 220.375; CC 1968 § 14-103; Ord. No. 1147 § 1, 4-12-1982]
[R.O. 1996 § 220.380; CC 1968 § 14-104; Ord. No. 1147 § 1, 4-12-1982]
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 they do so under a claim of
right and have reasonable grounds to believe they have such a right.
B.
The defendant shall have the burden of
injecting the issue of claim or right.
[R.O. 1996 § 220.385; CC 1968 § 14-105; Ord. No. 1147 § 1, 4-12-1982]
A.
A person commits the offense of trespass
in the first degree if they knowingly enter unlawfully or knowingly
remain unlawfully in a building or inhabitable structure or upon real
property.
B.
A person does not commit the offense of
trespass in the first degree by entering or remaining upon real property
unless the real property is fenced or otherwise enclosed in a manner
designed to exclude intruders or as to which notice against trespass
is given by:
[R.O. 1996 § 220.390; CC 1968 § 14-106; Ord. No. 1147 § 1, 4-12-1982]
A.
A person commits the offense of trespass
in the second degree if they enter unlawfully upon real property of
another. This is an offense of absolute liability.
B.
A person who has been convicted of trespass
in the second degree may be sentenced to pay a fine which does not
exceed five hundred dollars ($500.00). Trespass in the second degree
is an infraction.
[Ord. No. 4574 § 4, 10-5-2015]
[R.O. 1996 §§ 220.395 –
220.400; CC 1968 §§ 14-107 – 14-108; Ord. No. 1147 § 1, 4-12-1982; Ord.
No. 1964 §§ 1 — 2, 7-16-1990]
A.
A person commits the offense of tampering if they:
1.
Tamper with property of another for the purpose of causing substantial
inconvenience to that person or to another; or
2.
Unlawfully ride in or upon another's automobile, airplane, motorcycle,
motorboat or other motor-propelled vehicle; or
3.
Tamper or make connection with property of a utility; or
4.
Tamper with, or cause to be tampered with, any meter or other
property of an electric, gas, steam or water utility, the effect of
which tampering is either:
B.
In any prosecution under Subsection (A)(4), proof that a meter or any other property of a utility has been tampered with, and the person or persons accused received the use or direct benefit of the electric, gas, steam or water service with one (1) or more of the effects described in Subsection (A)(4), shall be sufficient to support an inference which the trial court may submit to the trier of fact from which the trier of fact may conclude that there has been a violation of such Subsection by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[R.O. 1996 § 220.405; CC 1968 § 14-109; Ord. No. 1147 § 1, 4-12-1982]
To take, obtain, use, transfer, conceal, or retain possession
of.
Property or services 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, except that property shall not be deemed property
of another who has only a security interest therein, even if legal
title is in the creditor pursuant to a conditional sales contact or
other security arrangement.
Anything of value, whether real or personal, tangible or
intangible, in possession or in action, and shall include but not
be limited to the evidence of a debt actually executed but not delivered
or issued as a valid instrument.
Acquiring possession, control, or title, or lending on the
security of the property.
To appropriate, by exercising dominion over property in a
manner inconsistent with rights of the owner, either by taking, obtaining,
using, transferring, concealing, or retaining possession of their
property.
[R.O. 1996 § 220.410; CC 1968 § 14-110; Ord. No. 1147 § 1, 4-12-1982]
A.
It shall be unlawful for any person to
intentionally steal property of another, either without their consent
or by means of deceit.
[R.O. 1996 § 220.415; CC 1968 § 14-111; Ord. No. 1147 § 1, 4-12-1982]
A.
A person commits the offense of receiving
stolen property if for the purpose of depriving the owner of a lawful
interest therein, they receive, retain, or dispose 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 prosecution under this Section to prove the requisite knowledge
or belief of the alleged receiver:
1.
They were found in possession or
control of other property stolen on separate occasions from two (2)
or more persons.
2.
They have received other stolen property
in another transaction within the year preceding the transaction charged.
3.
They acquired the stolen property
for a consideration which they knew was far below its reasonable value.
[Ord. No. 4774, 11-5-2018]
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:
A.
The
device is stolen, fictitious or forged;
B.
The
device has been revoked or cancelled;
C.
For
any other reason their use of the device is unauthorized; or
D.
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 Subsection
if a person cancels said charges or payment after obtaining a property
tax receipt to obtain license tags from the Missouri Department of
Revenue.
[R.O. 1996 § 220.420; CC 1968 § 14-113; Ord. No. 1147 § 1, 4-12-1982]
It shall be unlawful for any person
to wash themselves in any spring or pond not belonging to themselves,
within the corporate limits of said City, or to put any filth or impurity
in any spring, well, cistern or pond within the corporate limits of
said City.
[R.O. 1996 § 220.425; CC 1968 § 14-114; Ord. No. 1147 § 1, 4-12-1982]
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.
[R.O. 1996 § 220.430; CC 1968 § 14-115; Ord. No. 1147 § 1, 4-12-1982]
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.
[R.O. 1996 § 220.435; CC 1968 § 14-116; Ord. No. 1147 § 1, 4-12-1982]
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.
No person shall fasten in any way any show
card, poster, other advertising device, or sign upon public property
in the City unless legally authorized to do so by a City Official
to be appointed by the City Council.
C.
Any person convicted of violating any of
the provisions 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 offense.
[R.O. 1996 § 220.440; CC 1968 § 14-117; Ord. No. 2211 § 1, 5-4-1992; Ord.
No. 4374 § 1, 2-6-2012]
A.
A person commits the offense of stealing
leased or rented property if, with the intent to deprive the owner
thereof, such person:
1.
Purposefully fails to return leased
or rented personal property to the place and within the time specified
in an agreement in writing providing for the leasing or renting of
such personal property;
2.
Conceals or aids or abets the concealment
of the property from the owner;
3.
Sells, encumbers, conveys, pawns,
loans, abandons or gives away the leased or rented property or any
part thereof without the written consent of the lessor, or without
informing the person to whom the property is transferred to that the
property is subject to a lease;
4.
Returns the property to the lessor
at the end of the lease term, plus any agreed upon extensions, but
does not pay the lease charges agreed upon in the written instrument,
with the intent to wrongfully deprive the lessor of the agreed upon
charges.
B.
The provisions of this Section shall apply
to all forms of leasing and rental agreements, including, but not
limited to, contracts which provide the consumer options to buy the
leased or rented personal property, lease-purchase agreements and
rent-to-own contracts. For the purpose of determining if a violation
of this Section has occurred, leasing contracts which provide options
to buy the merchandise are owned by the owner of the property until
such time as the owner endorses the sale and transfer of ownership
of the leased property to the lessee.
C.
Evidence that a lessee used a false, fictitious,
or not current name, address, or place of employment in obtaining
the property or that a lessee fails or refuses to return the property
or pay the lease charges to the lessor within seven (7) days after
written demand for the return has been sent by certified mail, return
receipt requested, to the address the person set forth in the lease
agreement, or in the absence of the address, to the person's last
known place of residence shall be evidence of intent to violate the
provisions of this Section, except that if a motor vehicle has not
been returned within seventy-two (72) hours after the expiration of
the lease or rental agreement, such failure to return the motor vehicle
shall be prima facie evidence of the intent of the offense of stealing
leased or rented property. Where the leased or rented property is
a motor vehicle, if the motor vehicle has not been returned within
seventy-two (72) hours after the expiration of the lease or rental
agreement, the lessor may notify the local law enforcement agency
of the failure of the lessee to return such motor vehicle, and the
local law enforcement agency shall cause such motor vehicle to be
put into any appropriate State and local computer system listing stolen
motor vehicles. Any Law Enforcement Officer which stops such a motor
vehicle may seize the motor vehicle and notify the lessor that they
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 (7) 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 shall be guilty of property damage pursuant to Section 220.375 of this Code, in addition to being in violation of this Section.
F.
This Section shall apply where the personal
property was originally rented or leased within the City limits.
[R.O. 1996 § 220.445; Ord. No. 2615 § 1, 10-2-1995]
A.
GRAFFITI
GRAFFITI ABATEMENT PROCEDURE
PRIVATE CONTRACTOR
Definitions. Whenever the following terms
are used in this Section, they shall have the following meanings:
The defacing, damaging, or destroying by the spraying of
paint or marking of ink, chalk, dye, or other similar substances in
the form of drawings, inscriptions, figures, or marks on public and
private buildings, structures, and places, without the prior consent
of the owner.
A procedure which identifies graffiti, issues notice to the
landowner to abate the graffiti, and provides remedies in the absence
of a response.
Any person with whom the City shall have duly contracted
to remove graffiti.
B.
The City of Blue Springs hereby declares
as a matter of legislative determination that:
1.
Graffiti on public and private property
depreciates the value of the property, as well as the adjacent and
surrounding properties, and negatively impacts upon the entire community.
2.
The application of graffiti upon
walls, rocks, bridges, buildings, fences, gates, other structures,
trees, and other real and personal property within the corporate boundaries
of the City of Blue Springs constitutes a nuisance; and in the interest
of the health, safety, and general welfare of the residents and taxpayers
of the City, immediate steps must be taken to remove this nuisance.
3.
It shall be unlawful for any person
to write, paint, or draw any graffiti upon any wall, rock, bridge,
building, fence, gate, other structure, tree, or other real or personal
property, whether publicly or privately owned.
4.
When appropriate and in addition
to a fine and/or imprisonment, the courts should require those who
commit acts of defacement of public or private property through the
application of graffiti to restore the property so defaced, damaged,
or destroyed.
5.
The public is hereby encouraged to
cooperate in the elimination of graffiti by reporting to the Blue
Springs Police Department the incidents of the application of graffiti
which they observe.
6.
Any person who provides useful information
leading to the arrest and prosecution of any person(s) who applies
graffiti as outlined in this Section within the City limits, shall
be eligible for a reward of up to fifty dollars ($50.00) as determined
appropriate by the City Administrator.
C.
Notice Of Removal And Hearing.
1.
Whenever the Chief of Police, Codes
Administrator, or their designate determines that graffiti exists
on any public or private buildings, structures, or places which are
visible to any person utilizing any public right-of-way in this City,
be it road, parkway, alley, or otherwise, and that seasonal temperatures
permit the painting of exterior surfaces, the City may cause a notice
to be issued to abate such nuisance. The property owner shall have
ten (10) days after the date of the notice to remove or paint over
the graffiti or request a hearing be held by the Codes Administrator
to determine if the graffiti constitutes a nuisance, or the graffiti
will be subject to abatement by the City. If a hearing is requested,
it shall be held within thirty (30) days of the request. If the Codes
Administrator determines, after hearing, that a nuisance does exist,
the property owner shall have ten (10) days from the date of the determination
to remove or paint over the graffiti.
2.
The notice to abate graffiti pursuant
to this Section will be a written notice to be served upon the owner
(s) of the affected premises, as such owner's name and address appears
on the last property tax assessment rolls of the County. If there
is no known address for the owner, the notice shall be sent or posted
in care of the property address. The notice required by this Section
may be served in any of the following manners:
3.
The notice shall be substantially
in the following form:
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NOTICE OF INTENT TO REMOVE
GRAFFITI
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Date:
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NOTICE IS HEREBY GIVEN that you are
required by law at your expense to remove or paint over the graffiti
located on the property located at _______________, Blue Springs,
Missouri, which is visible to public view, within ten (10) days after
the date of this notice or, within the ten (10) days, request a hearing
thereon by contacting the Chief of Police or Codes Administrator.
If the graffiti is not removed or painted over or a hearing requested
within the ten (10) days, the City will enter upon your property and
abate the public nuisance by removal or painting over the graffiti.
The cost of the abatement by the City employees or its private contractors
will be assessed upon your property and such costs, if not paid by
you within ten (10) days of the abatement, will constitute a lien
upon the land until paid.
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D.
Upon failure of person(s) to comply with
the notice by the designated date or within ten (10) days after any
hearing where a nuisance is found, the City is authorized to cause
the graffiti to be abated by City employees or private contract, and
the City or its private contractor is expressly authorized to enter
upon the premises for such purposes. All reasonable efforts to minimize
damage from such entry shall be taken by the City. If City employees
accomplish the removal of the graffiti or other inscribed material,
they shall not authorize nor undertake to provide for the painting
or repair of any more extensive area than that where the graffiti
or other inscribed material is located.
E.
Any and all costs incurred by the City in the abatement of the graffiti nuisance under the provisions of this Section, which authorized assessment of the cost, may constitute a lien against the property upon which such nuisance existed, and shall be collected in the same manner as is provided in Section 245.320 of the Code of Ordinances of the City of Blue Springs, Missouri.
