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; or
2.
Unlawfully rides in or upon another's automobile, airplane, motorcycle,
motorboat or other motor-propelled vehicle; or
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 Subparagraph (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 Subparagraph (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 Subparagraph 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. 1476 § 13, 2-9-2017]
A.
ACCESS (RELATIVE TO COMPUTERS)
COMPUTER
COMPUTER EQUIPMENT
COMPUTER HARDWARE
COMPUTER NETWORK
COMPUTER PROGRAM
COMPUTER SOFTWARE
COMPUTER SYSTEM
COMPUTER-RELATED DOCUMENTATION
DAMAGE
DATA
SERVICES
Definitions. For purposes of this Section, 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.
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:
[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.
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:
[CC 2001 §210.335; Ord. No. 818 §1, 8-8-1985]
A.
A
person commits the ordinance violation of trespass if he/she enters
unlawfully or remains unlawfully upon real property of another.
B.
For
purposes of this Section, the terms "enters unlawfully" or "remains unlawfully" shall be defined as follows:
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 the 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.
C.
Any
person who shall enter upon or remain in the City park after dusk
on any day, except for City-sponsored events during which persons
may remain in the City park until the event has concluded, shall commit
the offense of trespass under this Section.
A person commits the offense of trespass of a school bus if
he/she knowingly and unlawfully enters any part of or unlawfully operates
any school bus.
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.
A person commits the offense of negligent burning or exploding
when he/she with criminal negligence causes damage to property of
another by fire or explosion.
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;
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.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[Ord. No. 1537, 1-13-2022]
A.
No
person shall test or pull any doors of successive vehicles, or open
or attempt to open the trunk of successive vehicles, that the person
does not own or lease, without each owner's or lessee's permission,
and which serves no legitimate or lawful purpose and would lead a
reasonable person to believe said conduct was in furtherance of a
crime. For purposes of this Section, "successive" shall mean more
than one (1) vehicle.
B.
No
person shall enter a vehicle that person does not own or lease without
the owner's or lessee's permission for any illegitimate or unlawful
purpose. For 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 said conduct was in furtherance of a crime.
C.
This
Section shall not apply to any Law Enforcement Officer, public safety
officers, or other public employee who performs the acts described
herein while in the performance of official duties.
D.
Violations.
Any responsible person may be charged with an offense under this Section
and upon conviction shall be punished by fine or imprisonment.
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 210.1110 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.
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;
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 by deception, intimidation,
undue influence, 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 an ordinance violation 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
UNDUE INFLUENCE
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; or
Failure to correct a false impression which the offender previously
has created or confirmed; or
Preventing another person from acquiring information pertinent
to the disposition of the property involved; or
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; or
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.
Use of influence by someone who exercises authority over
an elderly person or disabled person in order to take unfair advantage
of that persons's vulnerable state of mind, neediness, pain, or agony.
Undue influence includes, but is not limited to, the improper or fraudulent
use of a power of attorney, guardianship, conservatorship, or other
fiduciary authority.
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.
G.
Medicaid Funds. It shall be unlawful in violation of this
Section for any person receiving or in the possession of funds of
a Medicaid eligible elderly or disabled person residing in a facility
licensed under Chapter 198, RSMo., 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. The
Department of Social Services, Family Support Division or its successor
is authorized to release information from its records containing the
resident's income or assets to any Prosecuting or Circuit Attorney
in the State of Missouri for purposes of investigating or prosecuting
any suspected violation of this Section.
[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; or
2.
The device has been revoked or canceled; or
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. 1476 § 14, 2-9-2017]
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 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.
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;
or
2.
Sells, offers or exposes for sale or delivers less than the represented
quantity of any commodity or service; or
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; or
4.
Sells, offers or exposes for sale adulterated or mislabeled commodities;
or
5.
Makes a false or misleading written statement for the purpose of
obtaining property or credit.
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 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 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 (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 569.100, RSMo., and Section 210.1040 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:
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.
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;
or
3.
Material containing copper or aluminum that is knowingly used for
farming purposes as farming is defined in Section 350.010, RSMo.;
|
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whatever may be the condition or length of such metal. The record
shall contain the following data: 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
which shall contain a current address of the person from whom the
material is obtained and the date, time and place of and a full description
of each such purchase or trade including the quantity by weight thereof.
|
B.
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.
C.
Anyone
convicted of violating this Section shall be guilty of an ordinance
violation.
D.
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);
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
A.
No
scrap metal dealer shall knowingly purchase or possess a metal beer
keg, whether damaged or undamaged, or any reasonably recognizable
part thereof, on any premises that the dealer uses to buy, sell, store,
shred, melt, cut or otherwise alter scrap metal except when the purchase
is from the brewer or its authorized representative. For purposes
of this Section, "keg" shall have the same meaning
as in Section 311.082, RSMo.
B.
Anyone
who is found guilty of, or pleads guilty to, violating this Section
shall be guilty of an ordinance violation punishable only by fine.
Nothing in this Section shall be construed to preclude a person violating
this Section from also being prosecuted for any applicable criminal
offense.
A.
No
scrap yard shall purchase any metal that can be identified as belonging
to a public or private cemetery or to a political subdivision or electrical
cooperative, municipal utility or a utility regulated under Chapters
386 or 393, RSMo., including bleachers, guardrails, signs, street
and traffic lights or signals, and manhole cover or covers, whether
broken or unbroken, from anyone other than the cemetery or monument
owner, political subdivision, electrical cooperative or utility, or
manufacturer of the metal or item described in this Section unless
such person is authorized in writing by the cemetery or monument owner,
political subdivision, electrical cooperative or utility, or manufacturer
to sell the metal.
B.
Anyone
convicted of violating this Section shall be guilty of an ordinance
violation.
A.
Any
scrap metal dealer paying out an amount that is five hundred dollars
($500.00) or more shall make such payment in the form of a check or
shall pay by any method in which a financial institution makes and
retains a record of the transaction.
B.
This
Section shall not apply to any transaction for which the seller 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.
[Ord. No. 1234 §1(210.365), 9-9-2004]
A.
A
person commits the offense of identity theft if he/she knowingly and
with the intent to deceive or defraud obtains, possesses, transfers,
uses, or attempts to obtain, possess, transfer or use, one (1) or
more means of identification not lawfully issued for his/her use.
Any person accused of identity theft may be prosecuted in the Municipal
Court provided:
B.
The
term "means of identification", as used in this Code,
includes, but is not limited to, the following:
1.
Social Security numbers;
2.
Driver's license numbers;
3.
Checking account numbers;
4.
Savings account numbers;
5.
Credit card numbers;
6.
Debit card numbers;
7.
Personal identification (PIN) code;
8.
Electronic identification numbers;
9.
Digital signatures;
10.
Any other numbers or information that can be used to access a person's
financial resources;
11.
Biometric data;
12.
Fingerprints;
13.
Passwords;
14.
Parent's legal surname prior to marriage;
15.
Passports; or
16.
Birth certificates.
C.
Any
person convicted of committing an offense established by this Section
shall be subject to punishment as follows:
1.
If the offense does not result in the theft or appropriation of credit,
money, goods, services, or other property, the person shall be punished
by a fine not to exceed five hundred dollars ($500.00), by imprisonment
not to exceed ninety (90) days, or both.
2.
If the offense results in the theft or appropriation of credit, money,
goods, services, or other property, the person shall be punished by
a fine not to exceed one thousand dollars ($1,000.00), by imprisonment
not to exceed ninety (90) days, or both.
D.
In addition to the punishment under Subsection (C) of this Section, the court may order that the defendant make restitution to any victim of the offense. Restitution may include payment for any costs, including attorney fees, incurred by the victim:
E.
This
Section shall not apply to the following activities:
1.
A person obtains the identity of another person to misrepresent his/her
age for the sole purpose of obtaining alcoholic beverages, tobacco,
going to a gaming establishment, or another privilege denied to minors;
2.
A person obtains means of identification or information in the course
of a bona fide consumer or commercial transaction;
3.
A person exercises, in good faith, a security interest or right of
offset by a creditor or financial institution;
4.
A person complies, in good faith, with any warrant, court order,
levy, garnishment, attachment, or other judicial or administrative
order, decree, or directive, when any party is required to do so.
F.
Nothing
herein contained shall be construed as preventing or limiting the
right of an identity theft victim to recover civil damages and attorney's
fees as allowed by Section 570.223, RSMo.
[Ord. No. 1234 §1(210.366), 9-9-2004]
A.
A
person commits the offense of trafficking in stolen identities when
such person manufactures, sells, transfers, purchases, or possesses
with intent to sell or transfer means of identification or identifying
information for the purpose of committing identity theft.
B.
Unauthorized
possession of means of identification of five (5) or more separate
persons shall be evidence that the identities are possessed with intent
to manufacture, sell, or transfer means of identification or identifying
information for the purpose of committing identity theft. In determining
possession of five (5) or more identification documents of the same
person or possession of identifying information of five (5) or more
separate persons for the purposes of evidence pursuant to this Subsection,
the following do not apply:
C.
Any
person convicted of committing an offense established by this Section
shall be subject to a fine not to exceed one thousand dollars ($1,000.00),
by imprisonment not to exceed ninety (90) days, or both.
D.
This
Section shall not apply to the following activities:
1.
A person obtains the identity of another person to misrepresent his/her
age for the sole purpose of obtaining alcoholic beverages, tobacco,
going to a gaming establishment, or another privilege denied to minors;
2.
A person obtains means of identification or information in the course
of a bona fide consumer or commercial transaction;
3.
A person exercises, in good faith, a security interest or right of
offset by a creditor or financial institution;
4.
A person complies, in good faith, with any warrant, court order,
levy, garnishment, attachment, or other judicial or administrative
order, decree, or directive, when any party is required to do so.
[CC 2001 §210.305; Ord. No. 1032 §§1 — 2, 2-9-1995]
A.
Each
property owner shall remove all graffiti from his/her property (building
or other structure) within seventy-two (72) hours of having received
notification to do so by the City. Notification shall be made by registered
mail and sent to the last known address of the property owner.
B.
In
the event that the property owner does not remove such graffiti within
seventy-two (72) hours after such notification, the City Administrator
shall direct the Public Works Department to take all necessary steps
to remove such graffiti and submit to the City Administrator an itemized
bill including total hours of work performed based upon one and one-half
(1½) hours of normal hourly salary of all the public work employees
used in the removal of such graffiti and also based on the exact price
of the materials used to remove said graffiti. A bill shall be prepared
and forwarded to the property owner to be paid within ten (10) days.
If such bill is not paid within ten (10) days after receiving it,
then, in that event, the City may place a lien on the property of
the homeowner or may file a civil suit, or take both such actions.
C.
For
purposes of this Section, "graffiti" is defined as
a crude drawing, defacing, an inscription scratched, drawn or sprayed
on a wall or other surface as to be seen by the public.
D.
Persons
who violate this Section shall be sanctioned under the general criminal
sanctions set forth in the City of Edmundson ordinances. Said sanctions
shall be imposed in addition to any requirement herein to pay for
the City of Edmundson removing said graffiti.
