As used in this Article, the following terms mean:
ENTER UNLAWFULLY or REMAIN UNLAWFULLY
A person enters or remains in or upon premises when he or
she is not licensed or privileged to do so. A person who, regardless
of his or her purpose, enters or remains in or upon premises which
are at the time open to the public does so with license and privilege
unless he or she defies a lawful order not to enter or remain, personally
communicated to him or her by the owner of such premises or by other
authorized person. A license or privilege to enter or remain in a
building which is only partly open to the public is not a license
or privilege to enter or remain in that part of the building which
is not open to the public.
TO TAMPER
To interfere with something improperly, to meddle with it,
displace it, make unwarranted alterations in its existing condition,
or to deprive, temporarily, the owner or possessor of that thing.
UTILITY
An enterprise which provides gas, electric, steam, water,
sewage disposal, or communication, video, internet, or voice over
internet protocol services, and any common carrier. It may be either
publicly or privately owned or operated.
[CC 1975 §75.230; Ord. No. 90-14 §75.230, 5-15-1990]
A. A
person commits the offense of trespass if:
1. He/she knowingly enters unlawfully or knowingly remains unlawfully
in a building or inhabitable structure, or
2. Upon real property if the property is fenced or otherwise enclosed
in a manner designed to exclude intruders, or notice against trespass
is given by actual communications to the suspect, or posting in a
manner reasonably likely to come to the attention of intruders.
B. A
person commits the offense of simple trespass if he/she enters unlawfully
upon real property of another.
C. The penalty for simple trespass, as defined in Subsection
(B), above, may not exceed a two hundred dollar ($200.00) fine. There is no confinement option.
A person commits the offense of reckless burning or exploding
if he/she recklessly starts a fire or causes an explosion and thereby
damages or destroys the property of another.
[Ord. No. 90-9 §§1 —
6, 4-4-1990; Ord. No.
10-36 §1, 9-21-2010; Ord. No. 12-04 §1, 2-21-2012]
A. It
shall be unlawful for any person to burn yard debris on public rights-of-way,
streets, alleys and sidewalks, and upon any other public property
of the City.
B. Upon
the discovery, by any person or City Official, of a fire burning in
the public right-of-way or street, the Police Department shall be
notified.
C. The
Police duty officer or designated official shall go to the fire site,
inform the property owner, if the property owner is present, that
the fire is in violation of City Code and request that the property
owner immediately put out the fire, and remove the debris from the
public right-of-way, street, alley, sidewalk or public property and
into the property owner's yard.
D. If
the property owner is not present and the fire is unattended or if
the property owner is present but refuses to comply with the Police
Officer's or designated official's order, or if the property owner
has had more than one (1) burning incident since this Section has
gone into effect, the Police duty officer or designated official shall
call out a unit from the Fire Department to extinguish the fire and
the Street Department shall remove the fire debris from the public
right-of-way or street site and the Police duty officer or designated
official shall issue a citation to the property owner. The property
owner shall be liable for cleanup and repair of the fire site.
E. The
penalty for violating this Section shall be a fine of not less than
twenty-five dollars ($25.00) plus costs nor more than one hundred
dollars ($100.00) plus costs.
F. For
the purpose of this Section, "yard debris" shall
be defined as, but not limited to, the following:
3. Tree Branches, Trimmings, and/or Parts Less Than Six (6) Inches in
Diameter.
[CC 1975 §75.270; Ord. No. 90-14 §75.270, 5-15-1990]
A. A
finder of lost property does not commit the offense of stealing by
appropriating lost property if:
1. Under the circumstances he/she does not know the identity of the
owner, and
2. He/she does not have the means of inquiry to identify the owner.
[CC 1975 §75.280; Ord. No. 90-14 §75.280, 5-15-1990]
A. A
person does not commit the offense of stealing if at the time of the
appropriation, he/she acted in honest belief that:
1. He/she had the right to appropriate the property, or
2. That the owner, if present, would have consented to the appropriation.
A person commits the offense of feigned blindness if he/she
simulates blindness or pretends to be blind for the purpose of obtaining
something of value from another person by deceit.
[CC 1975 §75.180; Ord. No. 90-14 §75.180, 5-15-1990]
A. A
person commits the offense of tampering with computer data if he/she
knowingly and without authorization or knowingly and without reasonable
grounds to believe he/she had such authorization:
1. Modifies or destroys data or programs residing or existing internal
to a computer, computer system, or computer network;
2. Modifies or destroys data or programs or supporting documentation
residing or existing external to a computer, computer system, or computer
network;
3. Discloses or takes data, programs, or supporting documentation, residing
or existing internal or external to a computer, computer system, or
computer network;
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;
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/she knows or believes
was obtained in violation of this Subsection.
B. If
the offense was committed for the purpose of devising or executing
any scheme or artifice to defraud or to obtain any property, the value
of which is greater than seven hundred forty-nine dollars ninety-nine
cents ($749.99), the case shall be referred to the County Prosecutor
for felony prosecution under Section 569.095, RSMo.
[CC 1975 §75.200; Ord. No. 90-14 §75.200, 5-15-1990]
A. A
person commits the offense of tampering with computer users if he/she
knowingly and without authorization or without reasonable grounds
to believe that he/she has such authorization:
1. Accesses or causes to be accessed any computer, computer system,
or computer network; or
2. Denies or causes the denial of computer system services to an authorized
user of such services, which in whole or in part, is owned by, under
contract to, or operated for, or on behalf of, or in conjunction with
another.
B. If
the offense is committed for the purpose of devising or executing
any scheme or artifice to defraud or to obtain property, the value
of which is greater than seven hundred forty-nine dollars ninety-nine
cents ($749.99), the case shall be referred to the County Prosecutor
for felony prosecution under Section 569.099, RSMo.
[CC 1975 §75.250; Ord. No. 90-14 §75.250, 5-15-1990]
A. The
value of property in offenses against property, except as otherwise
provided, for the purpose of determining whether an offense is a misdemeanor
or felony, shall be the fair market value of the property. If fair
market value cannot be determined then it shall be the property's
replacement cost.
B. The
value of credit instruments (checks, promissory notes, etc.) shall
be the amount due on the instrument. In the case of checks, usually,
the face value of the check will be the value.