A.
A person commits the offense of stealing
if he/she:
1.
Appropriates property or services
of another with the purpose to deprive him/her thereof, either without
his/her consent or by means of deceit or coercion;
2.
Attempts to appropriate anhydrous
ammonia or liquid nitrogen of another with the purpose to deprive
him or her thereof, either without his or her consent or by means
of deceit or coercion; or
3.
For the purpose of depriving the
owner of a lawful interest therein, receives, retains or disposes
of property of another knowing that it has been stolen, or believing
that it has been stolen.
[1]
Editor’s Note: Former Section 210.235,
Receiving Stolen Property, adopted and amended R.O. 2007 § 210.215;
Ord. No. 3820 § 5, 4-24-2003, was repealed 7-28-2016 by
Ord. No. 6579 § 18.
[Ord. No.
5174 § 1, 4-9-2009]
It shall be unlawful to possess any
theft detection shielding device, theft detection device remover or
other tool, instrument, article, box or bag adapted, modified, constructed,
designed or commonly used for committing or facilitating offenses
involving theft or shoplifting with the intent to use such item in
committing a theft, stealing or shoplifting, or with knowledge that
some person has the intent to use the same in committing a theft,
stealing or shoplifting.
[R.O. 2007 § 210.220]
A.
A person commits the offense of trespass
in the first degree if he/she knowingly enters unlawfully or knowingly
remains unlawfully in a building or inhabitable structure or upon
real property.
B.
A person does not commit the offense of
trespass by entering or remaining upon real property unless the real
property is fenced or otherwise enclosed in a manner designed to exclude
intruders or as to which notice against trespass is given by:
[R.O. 2007 § 210.225]
[R.O. 2007 § 210.230; Ord. No. 6579 § 19, 7-28-2016[1]]
[1]
Editor’s Note: Section 25 of this ordinance
provided that it would take effect at 12:01 A.M. on 1-1-2017.
[R.O. 2007 § 210.240; CC 1979 § 20-4.5; Ord. No. 1434 §§ 1
— 7, 8-11-1988; Ord. No. 5324 § 2, 1-14-2010]
A.
BUSINESS
COMMERCIAL ESTABLISHMENTS
TRANSACTING BUSINESS
Definitions. For the purposes of this Section,
the following words and phrases shall have the meanings respectively
ascribed to them by this Section:
A place, where service or items are offered for sale or orders
taken, which has parking facilities for vehicles. It shall be comprised
of the entire premises, including parking lots and areas for ingress
and egress.
Any building and the grounds used therewith or any tract
of land where services are offered to the public for a consideration
or things are sold or are offered for sale or orders are taken for
the sale thereof to the public.
Engaging in a transaction with the proprietor, agents, or
employees of the business, which transaction is normally incidental
to the business for which the public is invited and for which the
premises are licensed.
B.
Congregating At Commercial Establishments
Prohibited. It shall be unlawful for persons to intentionally congregate
upon the grounds or within the buildings of a commercial establishment,
or upon public ways immediately adjacent thereto so as to block the
aisles, doorways or other passageways into, out of or through the
grounds or buildings of such commercial establishment. No persons
shall congregate in crowds of three (3) or more outside vehicles on
business premises when such persons are not transacting business with
the commercial establishment on the premises.
C.
Remaining On Closed Parking Lots Prohibited.
No person, except the owner, tenant or other person in possession,
or their invitees, shall be upon any public or private parking lot,
nor upon any parking lot provided for the customers, business invitees
or employees of any commercial or industrial establishment at any
time any such public or private parking lot shall be closed to use
by the public or any such commercial or industrial lot shall be closed
to use by customers, business invitees and employees.
D.
Consumption Or Possession Of Alcoholic
Beverages Prohibited. No patron or other person on a parking lot and
areas for ingress or egress of a business or City property, whether
in or out of an automobile, shall drink from or possess any open bottle,
can or other receptacle containing an alcoholic beverage unless the
consumption of alcoholic beverages is at an organized event at which
alcoholic beverages will be served and/or consumed in a designated
area, and where a valid temporary liquor license and/or all other
valid and appropriate temporary licenses and permits have been issued
in conjunction with the special event.
[Ord. No.
7173, 8-8-2019]
E.
Regulation Of Motor Vehicles On Premises.
No person shall stop, stand or park a motor vehicle in a street at
or near the entrance to or exit from a business, except in an authorized
parking space adjacent to the curb of such street, and in such manner
as not to interfere with other vehicles upon such street. It shall
be unlawful for any person to park a motor vehicle upon the grounds
or within any garage of any commercial establishment other than in
the designated parking areas. It shall be unlawful for any person
to fail or refuse to move a motor vehicle over which that person has
control when that vehicle shall be interfering with the movement of
other motor vehicles on the drives or other usual passageways upon
the grounds or within the garage of a commercial establishment.
F.
Signs Prerequisite To Enforcement Of Certain Provisions. Before Subsection (B) of this Section may be enforced by the City, a business shall post on the premises in conspicuous locations, clearly visible signs, reasonably likely to come to the attention of a person entering upon the premises, bearing the following statement: "This lot for customers only. No congregating or lingering on this lot".
G.
Any person found guilty of violating any
provision of this Section shall be deemed guilty of an ordinance violation
and punished according to the ordinance of the City of St. Peters
for the commission of an ordinance violation.
A.
PUBLIC PLACE
Definition. The following term shall be
defined as follows:
Any place to which the general public has access and a right
of resort for business, entertainment or other lawful purpose, but
does not necessarily mean a place devoted solely to the uses of the
public. It shall also include the front or immediate area of any store,
shop, restaurant, tavern or other place of business and also public
grounds, areas or parks.
B.
It shall be unlawful for any person to
stand or remain idle either alone or in consort with others in a public
place in such manner so as to:
1.
Obstruct any public street, public
highway, public sidewalk or any other public place or building by
hindering or impeding or tending to hinder or impede the free and
uninterrupted passage of vehicles, traffic or pedestrians;
2.
Commit in or upon any public street,
public highway, public sidewalk or any other public place or building
any act or thing which is an obstruction or interference to the free
and uninterrupted use of property or with any business lawfully conducted
by anyone in or upon or facing or fronting on any such public street,
public highway, public sidewalk, or any other public place or building,
all of which prevents the free and uninterrupted ingress, egress and
regress, therein, thereon and thereto;
3.
Obstruct the entrance to any business
establishment, without so doing for some lawful purpose, if contrary
to the expressed wish of the owner, lessee, managing agent or person
in control or charge of the building or premises.
C.
When any person causes or commits any of
the conditions in this Section, a Police Officer or any Law Enforcement
Officer shall order that person to stop causing or committing such
conditions and to move on or disperse. Any person who fails or refuses
to obey such orders shall be guilty of a violation of this Section.
[Ord. No. 6579 § 20, 7-28-2016[2]]
A.
A person commits the offense of financial
exploitation of an elderly person or a person with a disability if
such person knowingly obtains control over the property of the elderly
person or person with a disability with the intent to permanently
deprive the person of the use, benefit or possession of his/her property
thereby benefiting the offender or detrimentally affecting the elderly
person or person with a disability by:
1.
Deceit;
2.
Coercion;
3.
Creating or confirming another person's
impression which is false and which the offender does not believe
to be true;
4.
Failing to correct a false impression
which the offender previously has created or confirmed;
5.
Preventing another person from acquiring
information pertinent to the disposition of the property involved;
6.
Selling or otherwise transferring
or encumbering property, failing to disclose a lien, adverse claim
or other legal impediment to the enjoyment of the property, whether
such impediment is or is not valid, or is or is not a matter of official
record;
7.
Promising performance which the offender
does not intend to perform or knows will not be performed. Failure
to perform standing alone is not sufficient evidence to prove that
the offender did not intend to perform; or
8.
Undue influence, which means the
use of influence by someone who exercises authority over an elderly
person or person with a disability in order to take unfair advantage
of that person's vulnerable state of mind, neediness, pain, or agony.
Undue influence includes, but is not limited to, the improper or fraudulent
use of a power of attorney, guardianship, conservatorship, or other
fiduciary authority.
B.
Nothing in this Section shall be construed
to limit the remedies available to the victim pursuant to any State
law relating to domestic violence.
C.
Nothing in this Section shall be construed
to impose criminal liability on a person who has made a good faith
effort to assist the elderly person or person with a disability in
the management of his/her property, but through no fault of his/her
own has been unable to provide such assistance.
D.
Nothing in this Section shall limit the
ability to engage in bona fide estate planning, to transfer property,
and to otherwise seek to reduce estate and inheritance taxes; provided
that such actions do not adversely impact the standard of living to
which the elderly person or person with a disability has become accustomed
at the time of such actions.
E.
It shall not be a defense to financial
exploitation of an elderly person or person with a disability that
the accused reasonably believed that the victim was not an elderly
person or person with a disability.
[Ord. No. 6579 § 21, 7-28-2016[2]]
A.
A person commits the offense of passing
a bad check when he or she:
1.
With the purpose to defraud, makes,
issues or passes a check or other similar sight order or any other
form of presentment involving the transmission of account information
for the payment of money knowing that it will not be paid by the drawee
or that there is no such drawee; or
2.
Makes, issues or passes a check or
other similar sight order or any other form of presentment involving
the transmission of account information for the payment of money,
knowing that there are insufficient funds in or on deposit with that
account for the payment of such check, sight order or other form of
presentment involving the transmission of account information in full
and all other checks, sight orders or other forms of presentment involving
the transmission of account information upon such funds then outstanding,
or that there is no such account or no drawee and fails to pay the
check or sight order or other form of presentment involving the transmission
of account information within ten (10) days after receiving actual
notice in writing that it has not been paid because of insufficient
funds or credit with the drawee or because there is no such drawee.
B.
As used in Subparagraph (2) of Subsection (A) of this Section, "actual notice in writing" means notice of the non-payment which is actually received by the defendant. Such notice may include the service of summons or warrant upon the defendant for the initiation of the prosecution of the check or checks which are the subject matter of the prosecution if the summons or warrant contains information of the ten-day period during which the instrument may be paid and that payment of the instrument within such ten-day period will result in dismissal of the charges. The requirement of notice shall also be satisfied for written communications which are tendered to the defendant and which the defendant refuses to accept.
A.
A person commits the offense of fraudulent
use of a credit device or debit device if he or she uses a credit
device or debit device for the purpose of obtaining services or property
knowing that:
1.
The device is stolen, fictitious
or forged;
2.
The device has been revoked or canceled;
3.
For any other reason his or her use
of the device is unauthorized; or
4.
Uses a credit device or debit device
for the purpose of paying property taxes and knowingly cancels such
charges or payment without just cause. It shall be prima facie evidence
of a violation of this Section if a person cancels such charges or
payment after obtaining a property tax receipt to obtain license tags
from the Missouri Department of Revenue.
[1]
Editor’s Note: Section 25 of this ordinance
provided that it would take effect at 12:01 A.M. on 1-1-2017.
