[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:
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.
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.
[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:
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.
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:
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.
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances.
Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is a controlled
substance.
Testing equipment used, intended for use, or designed for use
in identifying, or in analyzing the strength, effectiveness or purity
of controlled substances.
Scales and balances used, intended for use, or designed for
use in weighing or measuring controlled substances.
Diluents and adulterants, such as quinine hydrochloride mannitol,
mannite, dextrose and lactose, used, intended for use, or designed
for use in cutting controlled substances.
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.
Blenders, bowls, containers, spoons and mixing devices used,
intended for use, or designed for use in compounding controlled substances.
Capsules, balloons, envelopes and other containers used, intended
for use, or designed for use in packaging small quantities of controlled
substances.
Containers and other objects used, intended for use, or designed
for use in storing or concealing controlled substances.
Hypodermic syringes, needles and other objects used, intended
for use, or designed for use in parenterally injecting controlled
substances into the human body.
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:
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or punctured
metal bowls.
Water pipes.
Carburetion tubes and devices.
Smoking and carburetion masks.
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.
Miniature cocaine spoons, and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air-driven pipes.
Cgukkyns.
Bongs.
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.
| |
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.
ILLEGAL SMOKING PRODUCT
1.
2.
3.
4.
PERSON
SYNTHETIC CANNABINOID OR SYNTHETIC STIMULANT
1.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
2.
3.
4.
5.
a.
6.
7.
8.
9.
10.
11.
12.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
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:
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-y1)phenol
(also known as CP47,497) and homologues;
(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);
1-Penty1-3-(1-naphthoyl)indole (also known as JWH-018); or
Butyl-3-(1-naphthoyl)indole (also known as JWH-073).
An individual, corporation, partnership, wholesaler, retailer
or any license or unlicensed business.
Any substance, regardless of whether the substance is marketed
for human consumption, which includes any one (1) or more of the following
chemicals:
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:
JWH-007, or 1-pentyl-2-methyl-3-(1-naphthoyl)indole;
JWH-015, or 1-propyl-2-methyl-3-(1-naphthoyl) indole;
JWH-018, or 1-pentyl-3-(1-naphthoyl)indole;
JWH-019, or 1-hexyl-3-(1-naphthoyl)indole;
JWH-073, or 1-butyl-3-(1-naphthoyl)indole;
JWH-081, or 1-pentyl-3-(4-methoxy-1-naphthoyl)indole;
JWH-098, or 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole;
JWH-122, or 1-pentyl-3-(4-methyl-1-naphthoyl)indole;
JWH-164, or 1-pentyl-3-(7-methoxy-1-naphthoyl)indole;
JWH-200, or 1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl) indole;
JWH-210, or 1-pentyl-3-(4-ethyl-1-naphthoyl)indole;
JWH-398, or 1-pentyl-3-(4-chloro-1-naphthoyl)indole;
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;
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;
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:
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:
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;
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:
CP 50,556-1, or [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpentan2-yl]oxy-5,6,6a,7,8,9,10, 10a-octahydrophenanthridin-1-yl] acetate;
HU-210,or (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,
7,10,10a-tetrahydrobenzo[c]chromen-1-ol;
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;
CP 50,556-1, or [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpentan2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate;
Dimethylheptylpyran, or DMHP;
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:
3-Fluoromethcathinone;
4-Fluoromethcathinone;
Mephedrone, or 4-Methylmethcathinone;
4-Methylethcathinone;
4-Methoxymethcathinone;
Methylenedioxypyrovalerone, or MDPV, or (1-(1,3-Benzodioxol-5-yl)-2-
(1-pyrrolidinyl)-1-pentanone;
Methylone, or 3,4-Methylenedioxymethcathinone;
4-Methyl-alpha-pyrrolidinobutiophenone, or MPBP;
3,4-DMMC, or 3,4-dimethylmethcathinone;
Naphyrone, or naphthylpyrovalerone;
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]
[1]
State Law Reference—For similar provisions, §§578.250—578.265,
RSMo.
[Ord. No. 07-153 §5, 10-30-2007]
[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]
[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:
C.
Trespass
is a misdemeanor.
[1]
State Law Reference—For similar provisions, §569.140,
RSMo.
[Ord. No. 08-092 §5, 8-1-2008]
[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:
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]
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).
[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.
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.
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:
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:
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:
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:
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.
D.
Abandonment
of an airtight icebox is a misdemeanor.
[1]
State Law Reference—For similar provisions, §577.100,
RSMo.
[Ord. No. 22-003, 1-10-2022]
[Ord. No. 22-004, 1-10-2022]
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. For purposes of
this Section, "successive" shall mean more than one (1) vehicle within
any one-hour period.
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.
C.
This Section shall not apply to any law enforcement officer, public
safety officer or other public employee who performs the acts described
herein while in the performance of official duties.
[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.
|
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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]
[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.
