St. Charles County, MO
 
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Table of Contents
Table of Contents
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of harassment if for the purpose of frightening or disturbing another person, he:
1. 
Communicates in writing or by telephone a threat to commit any felony; or
2. 
Makes a telephone call or communicates in writing and uses coarse language offensive to one of average sensibility; or
3. 
Makes a telephone call anonymously; or
4. 
Makes repeated telephone calls.
B. 
Harassment is a misdemeanor.
[1]
State Law Reference—For similar provisions, §565.090, RSMo.
[Ord. No. 07-192 §1, 12-27-2007]
A. 
A person commits the crime of Internet harassment if, for the purpose of frightening or disturbing another person, he:
1. 
Knowingly makes or causes to be made an e-mail contact, text communication by cell phone or similar device, web contact or other contact using the Internet, including placement of a communication or message upon an Internet or e-mail site an intended victim is known or likely to visit; or knowingly permits an e-mail, text communication by cell phone or similar device, or web contact to be made from an e-mail account, cell phone or similar device, web site or other Internet system under the person's control to another, if the person does any of the following:
a. 
Fails to identify the e-mailer, texter or web site participant to the recipient of the e-mail or web contact and makes the e-mail, text message or web contact with purpose to harass or abuse any person who is the recipient of, or at the premises to which the communication is made, whether or not actual communication takes place between the e-mailer or web site participant and a recipient;
b. 
Describes, suggests, requests or proposes that the e-mailer, text messenger, web site participant, the recipient of the e-mail or web contact, or any other person engage in sexual activity, and the recipient or another person at the premises to which the e-mail, text message or web contact is made has requested in a previous e-mail, text message or web contact or in the immediate e-mail, text message or web contact that the caller, text messenger, e-mailer or web participant not make an e-mail, text message or web contact to the recipient or to the premises, e-mail address, text address or web site to which the telecommunication, text message, e-mail or web contact is made;
c. 
Uses the e-mail, text message(s), or web site to recklessly disseminate information which directs others to engage in activity intended to cause physical harm or property damage to a third (3rd) party named or otherwise identified in the e-mail, text message or web site contact;
d. 
Knowingly states to the recipient of the e-mail, text message or web contact that the e-mailer, text messenger or web participant intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient's family, or any other person who resides at the premises to which the e-mail, text message or web contact is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged;
e. 
Knowingly makes the e-mail, text message or web contact to the recipient of the e-mail, text message or web contact, to another person at the premises to which the e-mail, text message or web contact is made, or to those premises, and the recipient or another person at those premises previously has told the e-mailer, text messenger or web participant not to make an e-mail, text message or web contact to those e-mail account(s), text address(es) or web site(s).
2. 
No person shall make or cause to be made an e-mail, text message or web contact or permit an e-mail, text message or web contact to be made from an e-mail account, text message/cell account or Internet site under the person's control with purpose to abuse, threaten or harass another person.
3. 
Whoever violates this Section is guilty of the misdemeanor of Internet harassment.
4. 
As used in this Section:
"E-mailer", "text messenger" or "web site participant" means the person who makes or causes to be made an e-mail, text message or web site contact, or who permits an e-mail, text message or web site contact to be made from an e-mail device, cell device or computer link to an Internet site while the device is under that person's control.
5. 
The act of Internet harassment shall be deemed committed at either the site the communication is sent or the site where it is received, but it shall not be deemed committed at both sites.
6. 
Nothing in this Section prohibits a person from making a telecommunication to a debtor that is in compliance with the "Fair Debt Collection Practices Act" 91 Stat. 874 (1977), 15 U.S.C. 1692, as amended, or the "Telephone Consumer Protection Act" 105 Stat. 2395 (1991), 47 U.S.C. 227, as amended.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of assault in the third degree if:
1. 
The person attempts to cause or recklessly causes physical injury to another person; or
2. 
With criminal negligence the person causes physical injury to another person by means of a deadly weapon; or
3. 
The person purposely places another person in apprehension of immediate physical injury; or
4. 
The person recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; or
5. 
The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative; or
6. 
The person knowingly causes physical contact with an incapacitated person, as defined in Section 475.010, RSMo., which a reasonable person, who is not incapacitated, would consider offensive or provocative.
B. 
Except as provided in Subsections (C) and (D) of this Section, assault in the third degree is a misdemeanor.
C. 
A person who violates the provisions of Subdivision (3) or (5) of Subsection (A) of this Section is guilty of a misdemeanor.
D. 
A person who has pled guilty to or been found guilty of the crime of assault in the third degree more than two (2) times against any family or household member as defined in Section 455.010, RSMo., is guilty of a Class D felony for the third (3rd) or any subsequent commission of the crime of assault in the third degree when a misdemeanor, and such offense shall be prosecuted in the Circuit Court by the Prosecuting Attorney of this County pursuant to State Statute. The offenses described in this Subsection may be against the same family or household member or against different family or household members.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of assault of a Law Enforcement Officer, emergency personnel or Probation and Parole Officer in the third degree if:
1. 
Such person recklessly causes physical injury to a Law Enforcement Officer, emergency personnel or Probation and Parole Officer;
2. 
Such person purposely places a Law Enforcement Officer, emergency personnel, or Probation and Parole Officer in apprehension of immediate physical injury;
3. 
Such person knowingly causes or attempts to cause physical contact with a Law Enforcement Officer, emergency personnel or Probation and Parole Officer without the consent of the Law Enforcement Officer or emergency personnel.
B. 
As used in this Section, "emergency personnel" means any paid or volunteer firefighter, emergency room or trauma center personnel or emergency medical technician as defined in Subdivisions (15), (16) and (17) of Section 190.100, RSMo.
C. 
Assault of a Law Enforcement Officer, emergency personnel, or Probation and Parole Officer in the third degree is a misdemeanor.
[1]
State Law Reference—For similar provisions, §565.083, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person is guilty of animal neglect when he has custody or ownership or both of an animal and fails to provide adequate care or adequate control, which results in substantial harm to the animal.
B. 
A person is guilty of abandonment when he has knowingly abandoned an animal in any place without making provisions for its adequate care.
C. 
Animal neglect and abandonment is a misdemeanor upon first (1st) conviction and for each offense, punishable by imprisonment or a fine not to exceed five hundred dollars ($500.00), or both, and a misdemeanor punishable by imprisonment or a fine not to exceed one thousand dollars ($1,000.00), or both upon the second (2nd) and all subsequent convictions. All fines and penalties for a first (1st) conviction of animal neglect or abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived.
D. 
In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or abandonment to pay all reasonable costs and expenses necessary for:
1. 
The care and maintenance of neglected or abandoned animals within the person's custody or ownership;
2. 
The disposal of any dead or diseased animals within the person's custody or ownership;
3. 
The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
4. 
The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.
[1]
State Law Reference—For similar provisions, §578.009, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person is guilty of animal abuse when a person:
1. 
Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of Sections 578.005 to 578.023 and 273.030, RSMo.;
2. 
Purposely or intentionally causes injury or suffering to an animal; or
3. 
Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.
B. 
Animal abuse is a misdemeanor, unless the defendant has previously plead guilty to or has been found guilty of animal abuse or the suffering involved in Subdivision (2) of Subsection (A) of this Section is the result of torture or mutilation, or both, consciously inflicted while the animal was alive, in which case it is a Class D felony and such felony offense shall be prosecuted in the Circuit Court by the Prosecuting Attorney of this County pursuant to State Statute.
[1]
State Law Reference—For similar provisions, §578.012, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the ordinance violation of indecent exposure if he knowingly exposes his genitals under circumstances in which he knows that his conduct is likely to cause affront or alarm.
B. 
Indecent exposure is a misdemeanor.
[1]
State Law Reference—For similar provisions, §566.130, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
It shall be unlawful for any person to possess or have under his control in the County thirty-five (35) grams or less of marijuana or five (5) grams or less of hashish, except as authorized in Sections 195.010 or 195.320, RSMo., as amended.
[1]
State Law Reference—For similar provisions, §195.200, RSMo.
[1]
Editor's Note—Ord. no. 11-026 §5, adopted May 2, 2011, repealed section 375.220 "possession of an intoxicating liquor by a minor" in its entirety. Former section 375.220 derived from ord. no. 07-153 §5, 10-30-2007.
[Ord. No. 08-092 §5, 8-1-2008]
A. 
Any licensee under Chapter 311, RSMo., or his employee, who shall sell, vend, give away or otherwise supply any intoxicating liquor in any quantity whatsoever to any person under the age of twenty-one (21) years, or to any person intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard, and any person whomsoever except his parent or guardian who shall procure for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twenty-one (21) years, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard shall be deemed guilty of a misdemeanor, except that this Section shall not apply to the supplying of intoxicating liquor to a person under the age of twenty-one (21) years for medical purposes only or to the administering of such intoxicating liquor to any person by a duly licensed physician.
B. 
Any owner, occupant or other person or legal entity with a lawful right to the exclusive use and enjoyment of any property who knowingly allows a person under the age of twenty-one (21) to drink or possess intoxicating liquor or knowingly fails to stop a person under the age of twenty-one (21) from drinking or possessing intoxicating liquor on such property, unless such person allowing the person under the age of twenty-one (21) to drink or possess intoxicating liquor is his or her parent or guardian, is guilty of a misdemeanor punishable in accordance with Section 375.1000, OSCCMo.
C. 
It shall be a defense to prosecution under this Section if:
1. 
The defendant is a licensed retailer, club, drinking establishment or caterer or holds a temporary permit or an employee thereof;
2. 
The defendant sold the intoxicating liquor to the minor with reasonable cause to believe that the minor was twenty-one (21) years of age; and
3. 
To purchase the intoxicating liquor, the person exhibited to the defendant a driver's license, Missouri non-driver's identification card, or other official or apparently official document containing a photograph of the minor and purporting to establish that such minor was twenty-one (21) years of age and of the legal age for consumption of intoxicating liquor.
[Ord. No. 08-092 §5, 8-1-2008]
Any person who has in his possession a reproduced, modified or altered motor vehicle driver's license, non-driver's license issued by any uniformed service of the United States or identification card established in Section 302.181, RSMo., or any other such identification card which indicates that the person represented on the card is over the age of twenty-one (21) years of age is guilty of a misdemeanor punishable in accordance with Section 375.1000, OSCCMo.
[Ord. No. 08-092 §5, 8-1-2008]
A. 
It shall be unlawful for any person to sell, provide or distribute tobacco products to persons under eighteen (18) years of age.
B. 
No person or entity shall sell, provide or distribute any tobacco product or rolling papers to any minor or sell any individual cigarettes to any person in this State. This Subsection shall not apply to the distribution by family members on property that is not open to the public.
C. 
Any person including, but not limited to, a sales clerk, owner or operator who violates Subsections (A) or (B) of this Section shall be penalized as follows:
1. 
For the first (1st) offense, twenty-five dollars ($25.00);
2. 
For the second (2nd) offense, one hundred dollars ($100.00);
3. 
For the third (3rd) and subsequent offense, two hundred fifty dollars ($250.00).
[Ord. No. 08-092 §5, 8-1-2008]
A. 
No person less than eighteen (18) years of age shall purchase, attempt to purchase or possess cigarettes or other tobacco products unless such person is an employee of a seller of cigarettes or tobacco products and is in such possession to effect a sale in the course of employment, or an employee of the Division of Liquor Control for enforcement purposes pursuant to Subsection (5) of Section 407.934, RSMo.
B. 
Any person less than eighteen (18) years of age shall not misrepresent his or her age to purchase cigarettes or tobacco products.
C. 
Any person who violates the provisions of this Section is guilty of an infraction and shall have any cigarettes or tobacco products confiscated.
[Ord. No. 07-153 §5, 10-30-2007; Ord. No. 08-030 §6, 3-3-2008]
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
CONTROLLED SUBSTANCE
A drug, substance or immediate precursor in Schedules I through V, listed or enumerated in Section 195.017, RSMo., or adopted by the State Division of Health pursuant thereto, or any subsequent amendments or revisions thereof.
DRUG PARAPHERNALIA
Includes all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this Section. It includes, but is not limited to:
1. 
Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
2. 
Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
3. 
Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.
4. 
Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances.
5. 
Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.
6. 
Diluents and adulterants, such as quinine hydrochloride mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances.
7. 
Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
8. 
Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances.
9. 
Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.
10. 
Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.
11. 
Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.
12. 
Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
a. 
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.
b. 
Water pipes.
c. 
Carburetion tubes and devices.
d. 
Smoking and carburetion masks.
e. 
Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.
f. 
Miniature cocaine spoons, and cocaine vials.
g. 
Chamber pipes.
h. 
Carburetor pipes.
i. 
Electric pipes.
j. 
Air-driven pipes.
k. 
Cgukkyns.
l. 
Bongs.
m. 
Ice pipes or chillers.
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
1.
Statements by an owner or by anyone in control of the object concerning its use.
2.
Prior convictions, if any, of an owner, or of anyone in control of the object, under any State or Federal law relating to any controlled substance.
3.
The proximity of the object, in time and space, to a direct violation of this Section.
4.
The proximity of the object to controlled substances.
5.
The existence of any residue of controlled substances on the object.
6.
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this Section; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this Section shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia.
7.
Instructions, oral or written, provided with the object concerning its use.
8.
Descriptive materials accompanying the object which explain or depict its use.
9.
National and local advertising concerning its use.
10.
The manner in which the object is displayed for sale.
11.
Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
12.
Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise.
13.
The existence and scope of legitimate uses for the object in the community.
14.
Expert testimony concerning its use.
MARIJUANA
All parts of the plant genus Cannabis in any species or form thereof, including, but not limited to Cannabis Sativa L., Cannabis Indica, Cannabis Americana, Cannabis Ruderalis and Cannabis Gigantea, whether growing or not, the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
[Ord. No. 07-153 §5, 10-30-2007; Ord. No. 08-030 §6, 3-3-2008]
A. 
Except as authorized by Sections 195.005 to 195.425, RSMo., it is unlawful for any person to possess or have under his control a controlled substance.
B. 
Any person who violates this Section with respect to not more than thirty-five (35) grams of marijuana is guilty of a misdemeanor.
[1]
State Law Reference—For similar provisions, §195.202, RSMo.
[Ord. No. 07-153 §5, 10-30-2007; Ord. No. 08-030 §6, 3-3-2008]
A. 
No person shall use, or possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. No person shall deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance. No person shall place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
B. 
A person who violates this Section is guilty of a misdemeanor, unless the person uses, or possesses with intent to use, the paraphernalia in combination with each other to manufacture, compound, produce, prepare, test or analyze amphetamine or methamphetamine or any of their analogues in which case the violation of this Section is a Class D felony and such felony offense shall be prosecuted in the Circuit Court by the Prosecuting Attorney of this County pursuant to State Statute.
[1]
State Law Reference—For similar provisions, §195.233, RSMo.
[Ord. No. 10-015 §1, 3-8-2010; Ord. No. 11-022 §1, 4-12-2011]
A. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
ILLEGAL SMOKING PRODUCT
Any substance, whether described as tobacco, herbs, incense, spice or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked, which includes any one (1) or more of the following chemicals or those chemicals listed in the definition of synthetic cannabinoid or synthetic stimulant:
1. 
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-y1)phenol (also known as CP47,497) and homologues;
2. 
(6aS,10aS)-9-(hydroxmethyl)-6,6-dimethy1-3-(2-methyloctan-2-y1)-6a,7,10, 10atetrahydroben zo[c]chromen-1-01) (also known as HU-211 or Dexanabinol);
3. 
1-Penty1-3-(1-naphthoyl)indole (also known as JWH-018); or
4. 
Butyl-3-(1-naphthoyl)indole (also known as JWH-073).
PERSON
An individual, corporation, partnership, wholesaler, retailer or any license or unlicensed business.
SYNTHETIC CANNABINOID OR SYNTHETIC STIMULANT
Any substance, regardless of whether the substance is marketed for human consumption, which includes any one (1) or more of the following chemicals:
1. 
Any compound structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl) methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkyl ethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent. Including, but not limited to:
a. 
JWH-007, or 1-pentyl-2-methyl-3-(1-naphthoyl)indole;
b. 
JWH-015, or 1-propyl-2-methyl-3-(1-naphthoyl) indole;
c. 
JWH-018, or 1-pentyl-3-(1-naphthoyl)indole;
d. 
JWH-019, or 1-hexyl-3-(1-naphthoyl)indole;
e. 
JWH-073, or 1-butyl-3-(1-naphthoyl)indole;
f. 
JWH-081, or 1-pentyl-3-(4-methoxy-1-naphthoyl)indole;
g. 
JWH-098, or 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole;
h. 
JWH-122, or 1-pentyl-3-(4-methyl-1-naphthoyl)indole;
i. 
JWH-164, or 1-pentyl-3-(7-methoxy-1-naphthoyl)indole;
j. 
JWH-200, or 1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl) indole;
k. 
JWH-210, or 1-pentyl-3-(4-ethyl-1-naphthoyl)indole;
l. 
JWH-398, or 1-pentyl-3-(4-chloro-1-naphthoyl)indole;
2. 
Any compound structurally derived from 3-(1-naphthoyl) pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent;
3. 
Any compound structurally derived from 1-(1-naphthylmethyl)indene by substitution at the 3-position of the indene ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent;
4. 
Any compound structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent. Including, but not limited to:
a. 
JWH-201, or 1-pentyl-3-(4-methoxyphenylacetyl)indole;
b. 
JWH-203, or 1-pentyl-3-(2-chlorophenylacetyl)indole;
c. 
JWH-250, or 1-pentyl-3-(2-methoxyphenylacetyl)indole;
d. 
JWH-251, or 1-pentyl-3-(2-methylphenylacetyl)indole;
e. 
RCS-8, or 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole;
5. 
Any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent. Including, but not limited to:
a. 
CP 47, 497 and homologues, or 2-[(1R,3S)-3-hydroxycyclohexyl]-5- (2-methyloctan-2-yl) phenol, where side chain n=5, and homologues where side chain n=4, 6, or 7;
6. 
Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Including, but not limited to:
a. 
AM-694, or 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole;
b. 
RCS-4, or 1-pentyl-3-(4-methoxybenzoyl)indole;
7. 
2-yl]oxy-5,6,6a,7,8,9,10, 10a-octahydrophenanthridin-1-yl] acetate;
8. 
HU-210,or (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7,10,10a-tetrahydrobenzo[c]chromen-1-ol;
9. 
HU-211, or Dexanabinol, or (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3- (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;
10. 
2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate;
11. 
Dimethylheptylpyran, or DMHP;
12. 
Any material, compound, mixture or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers and salts of isomers:
a. 
3-Fluoromethcathinone;
b. 
4-Fluoromethcathinone;
c. 
Mephedrone, or 4-Methylmethcathinone;
d. 
4-Methylethcathinone;
e. 
4-Methoxymethcathinone;
f. 
Methylenedioxypyrovalerone, or MDPV, or (1-(1,3-Benzodioxol-5-yl)-2- (1-pyrrolidinyl)-1-pentanone;
g. 
Methylone, or 3,4-Methylenedioxymethcathinone;
h. 
4-Methyl-alpha-pyrrolidinobutiophenone, or MPBP;
i. 
3,4-DMMC, or 3,4-dimethylmethcathinone;
j. 
Naphyrone, or naphthylpyrovalerone;
k. 
Any analogue or homologue of any of the above materials, compounds or substances.
B. 
Unlawful To Sell, Offer, Gift Or Display. It shall be unlawful for any person to sell, offer to sell, gift, or publicly display for sale any illegal smoking product or synthetic cannabinoid or synthetic stimulant.
C. 
Possession Unlawful. It is unlawful for any person to knowingly possess any illegal smoking product or synthetic cannabinoid or synthetic stimulant.
D. 
Injunction. The Police Chief and the Department of Community Health and Environment shall cooperate to notify any business offering the substances herein set forth for sale of the unlawfulness of such illegal smoking product or synthetic cannabinoid or synthetic stimulant, and shall report any continued sale to the office of the County Counselor so that the County Counselor may seek any necessary injunctive relief to remove such product from sale, offer for sale, gift or public display.
[Ord. No. 15-029 §2, 3-30-2015]
E. 
Penalty. Any person violating Subsection (B) or (C) of this Section shall be guilty of a misdemeanor and upon a plea of guilty or a finding of guilt shall be subject to a fine of not more than one thousand dollars ($1,000.00) or by detention in the jail of the St. Charles County Department of Corrections for a term not to exceed one (1) year, or by both fine and imprisonment. A separate offense shall be deemed committed for each sale, offer to sell, gift, or public display for sale. Any person violating Subsection (B) or (C) a second (2nd) or subsequent time shall be guilty of a misdemeanor offense and upon a plea or guilty or a finding of guilt shall be subject to a sentence of no less than a fine of five hundred dollars ($500.00).
[Ord. No. 07-153 §5, 10-30-2007]
A. 
No person shall intentionally smell or inhale the fumes of any solvent, particularly toluol, or induce any other person to do so, for the purpose of causing a condition of, or inducing symptoms of, intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of senses or nervous system, or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes; except that this Section shall not apply to the inhalation of any anesthesia for medical or dental purposes.
B. 
Violation of this Section is a misdemeanor.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
No person shall intentionally or willfully induce the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses or nervous system, distortion of audio, visual or mental processes by the use of any solvent, particularly toluol.
B. 
No person shall intentionally possess any solvent, particularly toluol, for the purpose of using it in the manner prohibited by Section 578.250, RSMo., and this Section.
C. 
Violation of this Section is a misdemeanor.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
No person shall intentionally possess or buy any solvent, particularly toluol, for the purpose of inducing or aiding any other person to violate the provisions of Sections 375.290 and 375.295.
B. 
Violation of this Section shall be a misdemeanor.
[1]
State Law Reference—For similar provisions, §§578.250—578.265, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
It is unlawful for any person to possess an imitation controlled substance in violation of this Chapter.
B. 
A person who violates this Section is guilty of a misdemeanor.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of reckless burning or exploding when he knowingly starts a fire or causes an explosion and thereby recklessly damages or destroys a building or an inhabitable structure of another.
B. 
Reckless burning or exploding is a misdemeanor.
[1]
State Law Reference—For similar provisions, §569.060, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of negligent burning or exploding when he with criminal negligence causes damage to property of another by fire or explosion.
B. 
Negligent burning or exploding is a misdemeanor.
[1]
State Law Reference—For similar provisions, §569.065, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of negligently setting fire to a woodland, cropland, grassland, prairie or marsh when he with criminal negligence causes damage to a woodland, cropland, grassland, prairie or marsh of another by starting a fire.
B. 
A person commits the crime of negligently allowing a fire to escape when he with criminal negligence allows a fire burning on lands in his possession or control to escape onto property of another.
C. 
Negligently setting fire to a woodland, cropland, grassland, prairie or marsh or negligently allowing a fire to escape is a misdemeanor.
[1]
State Law Reference—For similar provisions, §569.060, RSMo.
[Ord. No. 07-153 §5, 10-30-2007; Ord. No. 08-030 §7, 3-3-2008]
A. 
A person commits the crime of property damage if:
1. 
He knowingly damages property of another; or
2. 
He damages property for the purpose of defrauding an insurer.
B. 
Property damage is a misdemeanor.
[1]
State Law Reference—For similar provisions, §569.120, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of trespass if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.
B. 
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:
1. 
Actual communication to the actor; or
2. 
Posting in a manner reasonably likely to come to the attention of intruders.
C. 
Trespass is a misdemeanor.
[1]
State Law Reference—For similar provisions, §569.140, RSMo.
[Ord. No. 08-092 §5, 8-1-2008]
A. 
A person commits the offense of trespass in the second degree if he enters unlawfully upon real property of another. This is an offense of absolute liability.
B. 
Trespass in the second degree is an infraction.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of institutional vandalism by knowingly vandalizing, defacing or otherwise damaging:
1. 
Any church, synagogue or other building, structure or place used for religious worship or other religious purpose;
2. 
Any cemetery, mortuary, military monument or other facility used for the purpose of burial or memorializing the dead;
3. 
Any school, educational facility, community center, hospital or medical clinic owned and operated by a religious or sectarian group;
4. 
The grounds adjacent to, and owned or rented by, any institution, facility, building, structure or place described in Subdivision (1), (2) or (3) of this Subsection;
5. 
Any personal property contained in any institution, facility, building, structure or place described in Subdivision (1), (2) or (3) of this Subsection; or
6. 
Any motor vehicle which is owned, operated, leased or under contract by a school district or a private school for the transportation of school children.
B. 
Institutional vandalism is punishable as follows:
1. 
Institutional vandalism where the value is less than one thousand dollars ($1,000.00) is a misdemeanor.
C. 
In determining the amount of damage to property or loss of property, for purposes of this Section, damage includes the cost of repair or, where necessary, replacement of the property that was damaged or lost.
[1]
State Law Reference—For similar provisions, §574.085, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of stealing if he or she appropriates property or services, having a value of less than five hundred dollars ($500.00), of another with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion.
B. 
Evidence of the following is admissible in any criminal prosecution pursuant to this Section on the issue of the requisite knowledge or belief of the alleged stealer:
1. 
That he or she failed or refused to pay for property or services of a hotel, restaurant, inn or boardinghouse;
2. 
That he or she gave in payment for property or services of a hotel, restaurant, inn or boardinghouse a check or negotiable paper on which payment was refused;
3. 
That he or she left the hotel, restaurant, inn or boardinghouse with the intent to not pay for property or services;
4. 
That he or she surreptitiously removed or attempted to remove his or her baggage from a hotel, inn or boardinghouse;
5. 
That he or 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. 
Any violation of this Section for which no other penalty is specified in Section 570.030, RSMo., is a misdemeanor.
[1]
State Law Reference—For similar provisions, §570.030, RSMo.
[Ord. No. 08-092 §5, 8-1-2008]
A. 
A person commits the crime of tampering in the second degree if he or 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:
a. 
To prevent the proper measuring of electric, gas, steam or water service; or
b. 
To permit the diversion of any electric, gas, steam or water service.
B. 
In any prosecution under Subdivision (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 Subdivision (4) of Subsection (A), shall be sufficient to support an inference that there has been a violation of such Subdivision by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.
C. 
Tampering in the second degree is a misdemeanor punishable in accordance with Section 375.1000, OSCCMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of receiving stolen property if for the purpose of depriving the owner of a lawful interest therein, he or she receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen.
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:
1. 
That he or she was found in possession or control of other property stolen on separate occasions from two (2) or more persons;
2. 
That he or she received other stolen property in another transaction within the year preceding the transaction charged;
3. 
That he or she acquired the stolen property for a consideration which he or she knew was far below its reasonable value;
4. 
That he or 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.
C. 
Receiving stolen property is a misdemeanor if the property involved has a value of less than five hundred dollars ($500.00), or the person receiving the property is not a dealer in goods of the type in question.
[1]
State Law Reference—For similar provisions, §570.080, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of failing to return leased or rented property if, with the intent to deprive the owner thereof, he 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 crime 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 crime 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 crime 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 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 569.100 or 569.120, RSMo., 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.
G. 
Failure to return leased or rented property is a misdemeanor if the property involved has a value of less than five hundred dollars ($500.00).
[1]
State Law Reference—For similar provisions, §578.150, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits a crime if such person knowingly possesses, manufactures, transports, repairs, or sells:
1. 
A switchblade knife;
2. 
A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm; or
3. 
Knuckles.
B. 
A person does not commit a crime pursuant to this Section if his conduct:
1. 
Was incident to the performance of official duty by the Armed Forces, National Guard, a governmental Law Enforcement Agency, or a penal institution; or
2. 
Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in Subdivision (1) of this Section; or
3. 
Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; or
4. 
Was incident to displaying the weapon in a public museum or exhibition; or
5. 
Was incident to dealing with the weapon solely as a curio, ornament, or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance. No short barreled rifle, short barreled shotgun, or machine gun may be possessed, manufactured, transported, repaired or sold as a curio, ornament, or keepsake, unless such person is an importer, manufacturer, dealer, or collector licensed by the Secretary of the Treasury pursuant to the Gun Control Act of 1968, U.S.C., Title 18, or unless such firearm is an "antique firearm" as defined in Subsection (3) of Section 571.080, RSMo., or unless such firearm has been designated a "collectors item" by the Secretary of the Treasury pursuant to the U.S.C., Title 26, Section 5845 (a).
C. 
A crime pursuant to Subdivision (1), (2) or (3) of Subsection (A) of this Section is a misdemeanor.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of peace disturbance if:
1. 
He unreasonably and knowingly disturbs or alarms another person or persons by:
a. 
Loud noise; or
b. 
Offensive language addressed in a face-to-face manner to a specific individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient; or
c. 
Threatening to commit a felonious act against any person under circumstances which are likely to cause a reasonable person to fear that such threat may be carried out; or
d. 
Fighting; or
e. 
Creating a noxious and offensive odor.
2. 
He is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:
a. 
Vehicular or pedestrian traffic; or
b. 
The free ingress or egress to or from a public or private place.
B. 
Peace disturbance is a misdemeanor.
[1]
State Law Reference—For similar provisions, §574.010, RSMo.
[Ord. No. 11-019 §§1—4, 4-1-2011]
A. 
No person who is attending an event or exhibition at the Family Arena shall be allowed to cross over the dasher boards or go onto any playing or performing surface, stage, playing field, playing court, ice surface, track, boxing or wrestling ring or any other event or exhibition area, or any other restricted area immediately adjacent thereto, designated as restricted by the Family Arena or the promoter of the event or exhibition without first obtaining permission of the Family Arena or the promoter thereof.
B. 
Any person violating this Section shall be ordered to leave the premises.
C. 
Any person violating this Section shall be guilty of a misdemeanor and upon a plea of guilty or a finding of guilt shall be subject to a fine of not more than one thousand dollars ($1,000.00) or by detention in the jail of the St. Charles County Department of Corrections for a term not to exceed one (1) year, or by both fine and imprisonment.
D. 
Enforcement of this Section shall be the responsibility of the County Counselor's Office.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of unlawful assembly if he knowingly assembles with six (6) or more other persons and agrees with such persons to violate any of the criminal laws of this County, State or of the United States with force or violence.
B. 
Unlawful assembly is a misdemeanor.
[1]
State Law Reference—For similar provisions, §574.040, RSMo.
[Ord. No. 07-153 §10-30-2007]
A. 
A person commits the crime of rioting if he knowingly assembles with six (6) or more other persons and agrees with such persons to violate any of the criminal laws of this County, State or of the United States with force or violence, and thereafter, while still so assembled, does violate any of said laws with force or violence.
B. 
Rioting is a misdemeanor.
[1]
State Law Reference—For similar provisions, §574.050, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of refusal to disperse if, being present at the scene of an unlawful assembly, or at the scene of a riot, he knowingly fails or refuses to obey the lawful command of a Law Enforcement Officer to depart from the scene of such unlawful assembly or riot.
B. 
Refusal to disperse is a misdemeanor.
[1]
State Law Reference—For similar provisions, §574.060, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of making a false affidavit if, with purpose to mislead any person, he, in any affidavit, swears falsely to a fact which is material to the purpose for which said affidavit is made.
B. 
The provisions of Subsections (B) and (C) of this Section shall apply to prosecutions under Subsection (A) of this Section.
C. 
It is a defense to a prosecution under Subsection (A) of this Section that the actor retracted the false statement by affidavit or testimony but this defense shall not apply if the retraction was made after:
1. 
The falsity of the statement was exposed; or
2. 
Any person took substantial action in reliance on the statement.
D. 
The defendant shall have the burden of injecting the issue of retraction under Subsection (C) of this Section.
E. 
Making a false affidavit is a misdemeanor.
[1]
State Law Reference—For similar provisions, §575.050, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of making a false declaration if, with the purpose to mislead a public servant in the performance of his duty, he:
1. 
Submits any written false statement, which he does not believe to be true:
a. 
In an application for any pecuniary benefit or other consideration; or
b. 
On a form bearing notice, authorized by law, that false statements made therein are punishable; or
2. 
Submits or invites reliance on:
a. 
Any writing which he knows to be forged, altered or otherwise lacking in authenticity; or
b. 
Any sample, specimen, map, boundary mark, or other object which he knows to be false.
B. 
The falsity of the statement or the item under Subsection (A) of this Section must be as to a fact which is material to the purposes for which the statement is made or the item submitted; and the provisions of Subsections (B) and (C) of Section 575.040, RSMo., shall apply to prosecutions under Subsection (A) of this Section.
C. 
It is a defense to a prosecution under Subsection (A) of this Section that the actor retracted the false statement or item but this defense shall not apply if the retraction was made after:
1. 
The falsity of the statement or item was exposed; or
2. 
The public servant took substantial action in reliance on the statement or item.
D. 
The defendant shall have the burden of injecting the issue of retraction under Subsection (C) of this Section.
E. 
For the purpose of this Section, "written" shall include filings submitted in an electronic or other format or medium approved or prescribed by the Secretary of State.
F. 
Making a false declaration is a misdemeanor.
[1]
State Law Reference—For similar provisions, §575.060, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of making a false report if he knowingly:
1. 
Gives false information to any person for the purpose of implicating another person in a crime; or
2. 
Makes a false report to a Law Enforcement Officer that a crime has occurred or is about to occur; or
3. 
Makes a false report or causes a false report to be made to a Law Enforcement Officer, security officer, Fire Department or other organization, official or volunteer, which deals with emergencies involving danger to life or property that a fire or other incident calling for an emergency response has occurred or is about to occur.
B. 
It is a defense to a prosecution under Subsection (A) of this Section that the actor retracted the false statement or report before the Law Enforcement Officer or any other person took substantial action in reliance thereon.
C. 
The defendant shall have the burden of injecting the issue of retraction under Subsection (B) of this Section.
D. 
Making a false report is a misdemeanor.
[1]
State Law Reference—For similar provisions, §575.080, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of resisting or interfering with arrest, detention, or stop if, knowing that a Law Enforcement Officer is making an arrest, or attempting to lawfully detain or stop an individual or vehicle, or the person reasonably should know that a Law Enforcement Officer is making an arrest or attempting to lawfully detain or lawfully stop an individual or vehicle, for the purpose of preventing the officer from effecting the arrest, stop or detention, the person:
1. 
Resists the arrest, stop or detention of such person by using or threatening the use of violence or physical force or by fleeing from such officer; or
2. 
Interferes with the arrest, stop or detention of another person by using or threatening the use of violence, physical force or physical interference.
B. 
This Section applies to arrests, stops or detentions with or without warrants and to arrests, stops or detentions for any crime, infraction or ordinance violation.
C. 
A person is presumed to be fleeing a vehicle stop if that person continues to operate a motor vehicle after that person has seen or should have seen clearly visible emergency lights or has heard or should have heard an audible signal emanating from the law enforcement vehicle pursuing that person.
D. 
It is no defense to a prosecution pursuant to Subsection (A) of this Section that the Law Enforcement Officer was acting unlawfully in making the arrest.
E. 
Resisting or interfering with an arrest is a misdemeanor.
[1]
State Law Reference—For similar provisions, §575.150, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of interference with legal process if, knowing any person is authorized by law to serve process, for the purpose of preventing such person from effecting the service of any process, he interferes with or obstructs such person.
B. 
"Process" includes any writ, summons, subpoena, warrant other than an arrest warrant, or other process or order of a court.
C. 
Interference with legal process is a misdemeanor.
[1]
State Law Reference—For similar provisions, §575.160, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
Any employer, or any agent who is in charge of a business establishment, commits the crime of refusing to make an employee available for service of process if he knowingly refuses to assist any officer authorized by law to serve process who calls at such business establishment during the working hours of an employee for the purpose of serving process on such employee, by failing or refusing to make such employee available for service of process.
B. 
Refusing to make an employee available for service of process is a misdemeanor.
[1]
State Law Reference—For similar provisions, §575.170, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of disturbing a judicial proceeding if, with purpose to intimidate a judge, attorney, juror, party or witness, and thereby to influence a judicial proceeding, he disrupts or disturbs a judicial proceeding by participating in an assembly and calling aloud, shouting, or holding or displaying a placard or sign containing written or printed matter, concerning the conduct of the judicial proceeding, or the character of a judge, attorney, juror, party or witness engaged in such proceeding, or calling for or demanding any specified action or determination by such judge, attorney, juror, party or witness in connection with such proceeding.
B. 
Disturbing a judicial proceeding is a misdemeanor.
[1]
State Law Reference—For similar provisions, §575.250, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of tampering with a witness if, with purpose to induce a witness or a prospective witness to disobey a subpoena or other legal process, or to absent himself or avoid subpoena or other legal process, or to withhold evidence, information or documents, or to testify falsely, he:
1. 
Threatens or causes harm to any person or property; or
2. 
Uses force, threats or deception; or
3. 
Offers, confers or agrees to confer any benefit, direct or indirect, upon such witness; or
4. 
Conveys any of the foregoing to another in furtherance of a conspiracy.
B. 
A person commits the crime of "victim tampering" if, with purpose to do so, he prevents or dissuades or attempts to prevent or dissuade any person who has been a victim of any crime or a person who is acting on behalf of any such victim from:
1. 
Making any report of such victimization to any Peace Officer, or State, local or Federal Law Enforcement Officer or prosecuting agency or to any judge;
2. 
Causing a complaint, indictment or information to be sought and prosecuted or assisting in the prosecution thereof;
3. 
Arresting or causing or seeking the arrest of any person in connection with such victimization.
C. 
Tampering with a witness or victim is a misdemeanor.
[1]
State Law Reference—For similar provisions, §575.270, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of prostitution if the person performs an act of prostitution.
B. 
Prostitution is a misdemeanor.
C. 
The judge may order a drug and alcohol abuse treatment program for any person found guilty of prostitution, either after trial or upon a plea of guilty, before sentencing. Upon the successful completion of such program by the defendant, the court may at its discretion allow the defendant to withdraw the plea of guilty or reverse the verdict and enter a judgment of not guilty.
[1]
State Law Reference—For similar provisions, §567.020, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of patronizing prostitution if he patronizes prostitution.
B. 
It shall not be an affirmative defense that the defendant believed that the person he or she patronized for prostitution was eighteen (18) years of age or older.
C. 
Patronizing prostitution is a misdemeanor.
[1]
State Law Reference—For similar provisions, §567.030, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of littering if he throws or places, or causes to be thrown or placed, any glass, glass bottles, wire, nails, tacks, hedge, cans, garbage, trash, refuse, or rubbish of any kind, nature or description on the right-of-way of any public road or State highway or on or in any of the waters in this State or on the banks of any stream, or on any land or water owned, operated or leased by the State, any board, department, agency or commission thereof or on any land or water owned, operated or leased by the Federal Government or on any private real property owned by another without his consent.
B. 
Littering is a misdemeanor.
[1]
State Law Reference—For similar provisions, §577.070, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of abandoning a motor vehicle or trailer if he abandons any motor vehicle or trailer on the right-of-way of any public road or highway or on or in any of the waters in this State or on the banks of any stream or on any land or water owned, operated or leased by the County or on any private real property within the unincorporated area of the County owned by another without his consent.
B. 
For purposes of this Section, the last owner of record of a motor vehicle or trailer found abandoned and not shown to be transferred pursuant to Sections 301.196 and 301.197, RSMo., shall be deemed prima facie to have been the owner of such motor vehicle or trailer at the time it was abandoned and to have been the person who abandoned the motor vehicle or trailer or caused or procured its abandonment. The registered owner of the abandoned motor vehicle or trailer shall not be subject to the penalties provided by this Section if the motor vehicle or trailer was in the care, custody, or control of another person at the time of the violation. In such instance, the owner shall submit such evidence in an affidavit permitted by the court setting forth the name, address, and other pertinent information of the person who leased, rented, or otherwise had care, custody, or control of the motor vehicle or trailer at the time of the alleged violation. The affidavit submitted pursuant to this Subsection shall be admissible in a court proceeding adjudicating the alleged violation and shall raise a rebuttable presumption that the person identified in the affidavit was in actual control of the motor vehicle or trailer. In such case, the court has the authority to terminate the prosecution of the summons issued to the owner and issue a summons to the person identified in the affidavit as the operator. If the motor vehicle or trailer is alleged to have been stolen, the owner of the motor vehicle or trailer shall submit proof that a Police report was filed in a timely manner indicating that the vehicle was stolen at the time of the alleged violation.
C. 
Abandoning a motor vehicle or trailer is a misdemeanor.
D. 
Any person convicted pursuant to this Section shall be civilly liable for all reasonable towing, storage, and administrative costs associated with the abandonment of the motor vehicle or trailer. Any reasonable towing, storage, and administrative costs in excess of the value of the abandoned motor vehicle or trailer that exist at the time the motor vehicle is transferred pursuant to Section 304.156, RSMo., shall remain the liability of the person convicted pursuant to this Section so long as the towing company, as defined in Chapter 304, RSMo., provided the title owner and lienholders, as ascertained by the Department of Revenue records, a notice within the time frame and in the form as described in Subsection (1) of Section 304.156, RSMo.
[1]
State Law Reference—For similar provisions, §577.080, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
A person commits the crime of abandonment of airtight icebox if he abandons, discards, or knowingly permits to remain on premises under his control, in a place accessible to children, any abandoned or discarded icebox, refrigerator, or other airtight or semi-airtight container which has a capacity of one and one-half (1½) cubic feet or more and an opening of fifty (50) square inches or more and which has a door or lid equipped with hinge, latch or other fastening device capable of securing such door or lid, without rendering such equipment harmless to human life by removing such hinges, latches or other hardware which may cause a person to be confined therein.
B. 
Subsection (A) of this Section does not apply to an icebox, refrigerator or other airtight or semi-airtight container located in that part of a building occupied by a dealer, warehouseman or repairman.
C. 
The defendant shall have the burden of injecting the issue under Subsection (B) of this Section.
D. 
Abandonment of an airtight icebox is a misdemeanor.
[1]
State Law Reference—For similar provisions, §577.100, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
The County Municipal Court shall, upon a plea of guilty, conviction or finding of guilt, enter an order suspending or revoking the driving privileges of any person determined to have committed one (1) of the following offenses and who, at the time said offense was committed, was under twenty-one (21) years of age:
1. 
Any alcohol-related traffic offense in violation of County ordinance, where the defendant was represented by or waived the right to an attorney in writing;
2. 
Any offense in violation of County ordinance, where the defendant was represented by or waived the right to an attorney in writing, involving the possession or use of alcohol, committed while operating a motor vehicle;
3. 
Any offense involving the possession or use of a controlled substance as defined in Chapter 195, RSMo., in violation of County ordinance, where the defendant was represented by or waived the right to an attorney in writing;
4. 
Any offense involving the alteration, modification or misrepresentation of a license to operate a motor vehicle in violation of Section 311.328, RSMo.;
5. 
Any offense in violation of County ordinance, where the defendant was represented by or waived the right to an attorney in writing, involving the possession or use of alcohol for a second (2nd) time; except that a determination of guilt or its equivalent shall have been made for the first (1st) offense and both offenses shall have been committed by the person when the person was under eighteen (18) years of age.
B. 
The County Municipal Court shall, upon a plea of guilty or nolo contendere, conviction or finding of guilt, enter an order suspending or revoking the driving privileges of any person determined to have committed a crime or violation of Section 375.952, and who, at the time said crime or violation was committed, was more than fifteen (15) years of age and under twenty-one (21) years of age.
C. 
The court shall require the surrender to it of any license to operate a motor vehicle, temporary instruction permit, intermediate driver's license or any other driving privilege then held by any person against whom a court has entered an order suspending or revoking driving privileges under Subsections (A) and (B) of this Section.
D. 
The court, if other than a juvenile court, shall forward to the Director of Revenue the order of suspension or revocation of driving privileges and any licenses, temporary instruction permits, intermediate driver's licenses, or any other driving privilege acquired under Subsection (C) of this Section.
E. 
The period of suspension for a first (1st) offense under Subsection (A) of this Section shall be ninety (90) days. Any second (2nd) or subsequent offense under Subsection (A) of this Section shall result in revocation of the offender's driving privileges for one (1) year. The period of suspension for a first (1st) offense under Subsection (B) of this Section shall be thirty (30) days. The period of suspension for a second (2nd) offense under Subsection (B) of this Section shall be ninety (90) days. Any third (3rd) or subsequent offense under Subsection (B) of this Section shall result in revocation of the offender's driving privileges for one (1) year.
[1]
State Law Reference—For similar provisions, §577.500, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
Any person under the age of twenty-one (21) years, who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor as defined in Section 311.020, RSMo., or who is visibly intoxicated as defined in Section 577.001, RSMo., or has a detectable blood alcohol content of more than two-hundredths of one percent (0.02%) or more by weight of alcohol in such person's blood is guilty of a misdemeanor. For purposes of prosecution under this Section, a manufacturer-sealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.
B. 
The provisions of this Section shall not apply to a student who:
1. 
Is eighteen (18) years of age or older;
2. 
Is enrolled in an accredited college or university and is a student in a culinary course;
3. 
Is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
4. 
Tastes a beverage under Subdivision (3) of this Section only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must at all times remain in the possession and control of an authorized instructor of the college or university, who must be twenty-one (21) years of age or older. Nothing in this Subsection may be construed to allow a student under the age of twenty-one (21) to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted as part of the curriculum.
[1]
State Law Reference—For similar provisions, §311.325, RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
A. 
Any person who purposefully and publicly mutilates, defaces, defiles, tramples upon or otherwise desecrates the national flag of the United States or the State flag of the State of Missouri is guilty of the crime of flag desecration.
B. 
National flag desecration is a misdemeanor.
[1]
State Law Reference—For similar provisions, §578.095, RSMo.
Editor's Note—The provision set out in Section 375.975 is unenforceable pursuant to Texas v Johnson, 491 U.S. 397, 109 S. Ct. 2533 (1989) and Snider v. City of Cape Girardeau, 2012 WL942082 (E.D. Mo. March 20, 2012).
[Ord. No. 07-153 §8, 10-30-2007; Ord. No. 08-030 §8, 3-3-2008]
A violation of any misdemeanor provision of this Chapter 375 is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the St. Charles County Jail for a term not to exceed one (1) year, or by both fine and imprisonment. A separate offense shall be deemed committed on each day a violation occurs or continues. Enforcement of this Section shall be the responsibility of the County Counselor.