A.
A person
commits the offense of tampering if he/she:
1.
Tampers with property of another for the purpose of causing substantial
inconvenience to that person or to another;
2.
Unlawfully rides in or upon another's automobile, airplane, motorcycle,
motorboat or other motor-propelled vehicle;
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 paragraph (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 paragraph (4) of Subsection (A), shall be sufficient to support an inference which the trial court may submit to the trier of fact from which the trier of fact may conclude that there has been a violation of such subdivision by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
A.
A person
does not commit an offense by damaging, tampering with, operating,
riding in or upon, or making connection with property of another if
he/she does so under a claim of right and has reasonable grounds to
believe he/she has such a right.
B.
The
defendant shall have the burden of injecting the issue of claim of
right.
A.
A person
commits the offense of trespass in the first degree if he/she knowingly
enters unlawfully or knowingly remains unlawfully in a building or
inhabitable structure or upon real property.
B.
A person
does not commit the offense of trespass by entering or remaining upon
real property unless the real property is fenced or otherwise enclosed
in a manner designed to exclude intruders or as to which notice against
trespass is given by:
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[Ord. No. 4085 § 1, 11-21-2016[1]]
A person commits trespass if he or she enters unlawfully upon
real property of another. This is an offense of absolute liability.
[1]
Editor’s Note: Ord. No. 4085 also changed the title
of this Section from “Trespass in the Second Degree” to
“Trespass.”
[Ord. No. 4085 § 1, 11-21-2016]
A.
A person commits the offense of trespass of a school bus if he or
she knowingly and unlawfully enters any part of or unlawfully operates
any school bus.
B.
For the purposes of this Section, the terms "unlawfully enters" and
"unlawfully operates" refer to any entry or operation of a school
bus which is not:
[Ord. No. 4085 § 1, 11-21-2016]
A person commits the offense of reckless burning or exploding
if he or she recklessly starts a fire or causes an explosion and thereby
damages or destroys the property of another.
[Ord. No. 4085 § 1, 11-21-2016]
A person commits the offense of negligent burning or exploding
if he or she with criminal negligence causes damage to property or
to the woodlands, cropland, grassland, prairie, or marsh of another
by starting a fire, causing an explosion or allowing a fire burning
on lands in his or her possession or control onto the property of
another.
[Ord. No. 4085 § 1, 11-21-2016]
A.
A person commits the offense of stealing if he or she:
1.
Appropriates property or services of another with the purpose
to deprive him or her thereof, either without his or 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]
Note — Under certain circumstances this offense can
be a felony under state law.
A.
No
person shall drive a motor vehicle so as to cause it to leave the
premises of an establishment at which motor fuel offered for retail
sale was dispensed into the fuel tank of such motor vehicle unless
payment or authorized charge for motor fuel dispensed has been made.
B.
A person found guilty or pleading guilty to stealing pursuant to Section 215.360 for the theft of motor fuel as described in Subsection (A) shall have his/her driver's license suspended by the court, beginning on the date of the court's order of conviction. The person shall submit all of his/her operator's and chauffeur's licenses to the court upon conviction and the court shall forward all such driver's licenses and the order of suspension of driving privileges to the Department of Revenue for administration of such order.
[1]
Editor’s Note: Former Section 215.370, Receiving Stolen
Property, which derived from Ord. No. 3668 § 1, 3-29-2006, was
repealed 11-21-2016 by § 1 of Ord. No. 4082.
[Ord. No. 3569 §1, 6-21-2004; Ord. No. 3669 §1, 3-29-2006; Ord. No. 3962 §1, 1-21-2013; Ord. No. 4085 § 1, 11-21-2016]
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 or her property thereby benefitting 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 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 or her
property, but through no fault of his or her own has been unable to
provide such assistance.
C.
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.
D.
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.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
A.
A person
commits the offense of fraudulent use of a credit device or debit
device if the person uses a credit device or debit device for the
purpose of obtaining services or property knowing that:
1.
The device is stolen, fictitious or forged;
2.
The device has been revoked or canceled;
3.
For any other reason his/her use of the device is unauthorized; or
4.
Uses a credit device or debit device for the purpose of paying property
taxes and knowingly cancels said charges or payment without just cause.
It shall be prima facie evidence of a violation of this Section if
a person cancels said charges or payment after obtaining a property
tax receipt to obtain license tags from the Missouri Department of
Revenue.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[Ord. No. 4085 § 1, 11-21-2016]
A.
A person commits the offense of deceptive business practice if in
the course of engaging in a business, occupation or profession, he
or she recklessly:
1.
Uses or possesses for use a false weight or measure, or any
other device for falsely determining or recording any quality or quantity;
2.
Sells, offers, displays for sale, or delivers less than the
represented quantity of any commodity or service;
3.
Takes or attempts to take more than the represented quantity
of any commodity or service when as buyer he or she furnishes the
weight or measure;
4.
Sells, offers, or exposes for sale adulterated or mislabeled
commodities;
5.
Makes a false or misleading written statement for the purpose
of obtaining property or credit;
6.
Promotes the sale of property or services by a false or misleading
statement in any advertisement; or
7.
Advertises in any manner the sale of property or services with
the purpose not to sell or provide the property or services:
A.
A person
commits the offense of alteration or removal of item numbers if he/she
with the purpose of depriving the owner of a lawful interest therein:
1.
Destroys, removes, covers, conceals, alters, defaces or causes to
be destroyed, removed, covered, concealed, altered or defaced the
manufacturer's original serial number or other distinguishing owner-applied
number or mark on any item which bears a serial number attached by
the manufacturer or distinguishing number or mark applied by the owner
of the item for any reason whatsoever;
2.
Sells, offers for sale, pawns or uses as security for a loan any
item on which the manufacturer's original serial number or other distinguishing
owner-applied number or mark has been destroyed, removed, covered,
concealed, altered or defaced; or
3.
Buys, receives as security for a loan or in pawn, or in any manner
receives or has in his/her possession any item on which the manufacturer's
original serial number or other distinguishing owner-applied number
or mark has been destroyed, removed, covered, concealed, altered or
defaced.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[CC 1988 §17-35]
No person shall take without permission from any public office
in the City any records, reports, books or papers, and any person
having such things shall not permit the same to become defaced, marred,
injured or destroyed.
[Ord. No. 3923 §1, 2-20-2012]
A.
A person
commits the crime of stealing leased or rented property if, with the
intent to deprive the owner thereof, such person:
1.
Purposefully fails to return leased or rented personal property to
the place and within the time specified in an agreement in writing
providing for the leasing or renting of such personal property;
2.
Conceals or aids or abets the concealment of the property from the
owner;
3.
Sells, encumbers, conveys, pawns, loans, abandons or gives away the
leased or rented property or any part thereof without the written
consent of the lessor, or without informing the person to whom the
property is transferred to that the property is subject to a lease;
4.
Returns the property to the lessor at the end of the lease term,
plus any agreed upon extensions, but does not pay the lease charges
agreed upon in the written instrument, with the intent to wrongfully
deprive the lessor of the agreed upon charges.
B.
The
provisions of this Section shall apply to all forms of leasing and
rental agreements, including, but not limited to, contracts which
provide the consumer options to buy the leased or rented personal
property, lease-purchase agreements and rent-to-own contracts. For
the purpose of determining if a violation of this Section has occurred,
leasing contracts which provide options to buy the merchandise are
owned by the owner of the property until such time as the owner endorses
the sale and transfer of ownership of the leased property to the lessee.
C.
Evidence
that a lessee used a false, fictitious, or not current name, address,
or place of employment in obtaining the property or that a lessee
fails or refuses to return the property or pay the lease charges to
the lessor within seven (7) days after written demand for the return
has been sent by certified mail, return receipt requested, to the
address the person set forth in the lease agreement, or in the absence
of the address, to the person's last known place of residence, shall
be evidence of intent to violate the provisions of this Section, except
that if a motor vehicle has not been returned within seventy-two (72)
hours after the expiration of the lease or rental agreement, such
failure to return the motor vehicle shall be prima facie evidence
of the intent of the crime of stealing leased or rented property.
Where the leased or rented property is a motor vehicle, if the motor
vehicle has not been returned within seventy-two (72) hours after
the expiration of the lease or rental agreement, the lessor may notify
the local law enforcement agency of the failure of the lessee to return
such motor vehicle, and the local law enforcement agency shall cause
such motor vehicle to be put into any appropriate State and local
computer system listing stolen motor vehicles. Any Law Enforcement
Officer which stops such a motor vehicle may seize the motor vehicle
and notify the lessor that he 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
seventy-two (72) hour period prescribed in this Subsection, the owner
of the property shall report the failure to return the property to
the local law enforcement agency, and such law enforcement agency
may within five (5) days notify the person who leased or rented the
property that such person is in violation of this Section, and that
failure to immediately return the property may subject such person
to arrest for the violation.
D.
This
Section shall not apply if such personal property is a vehicle and
such return is made more difficult or expensive by a defect in such
vehicle which renders such vehicle inoperable, if the lessee shall
notify the lessor of the location of such vehicle and such defect
before the expiration of the lease or rental agreement, or within
ten (10) days after proper notice.
E.
Any person who has leased or rented personal property of another who destroys such property so as to avoid returning it to the owner shall be guilty of property damage pursuant to Section 215.300 in addition to being in violation of this Section.
F.
Venue
shall lie in the County where the personal property was originally
rented or leased.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[CC 1988 §17-4.1; Ord. No. 2505 §§1, 2, 6-17-1974]
A.
Any
person who shall lawfully remove books, magazines, records or other
property of the City Public Library by checking out such books, magazines,
records or other property upon a duly issued library permit card (hereinafter
termed the borrower) shall return the item or items so checked out
on or before the date specified by the librarian or the assistant
librarian for each item so checked out. Failure to return any such
item on or before the due date shall, in addition to the penalties
provided in this Section, subject the borrower to the nominal fine
or other penalties provided by the administrative rules of the library.
The librarian may, after fourteen (14) days following the date of
failure to return to the library any item due, notify the person to
whom the item was checked out that it is overdue and that it must
be returned forthwith. This notice may be given once by ordinary mail
addressed to the borrower as his/her address as shown on his/her library
card. If return of the property is not made within seven (7) days
following the mailing of such notice, the librarian may cause a complaint
to be filed against the borrower in the City Municipal Court. Any
person who shall fail to return any overdue item of property checked
out to him/her within seven (7) days after the mailing of such notice
to return such overdue item shall be deemed guilty of a violation
of this Section; provided, that a person to whom such overdue notice
is sent who is unable to return the property which is overdue because
of loss or destruction thereof, may escape prosecution hereunder by
paying to the librarian, within the seven (7) day limit above provided,
the original cost price of such item as shown on the records of the
librarian. A receipt signed by the librarian evidencing such payment
shall operate as a bar to prosecution for failure to return such item.
B.
Any
person who shall lawfully remove any book, magazine, record or other
property of the City Public Library by checking out such property
upon a duly issued library permit card shall return such items so
checked out in essentially the same condition as such item was in
at the time of checking out from the library. The City Public Library
Board may require that the loss of, or any damage or unusual wear
or tear upon, any such item shall be paid for by the person to whom
the item was checked out. Upon the return or failure to make timely
return of any such damaged item to the library, the librarian may
establish the amount of the loss or damage, with regard to the original
cost of the item and its condition at the time it was checked out,
and the borrower shall pay the damages established by the librarian
to the library. The City Public Library Board may provide that any
person who shall lose or damage any such item of property belonging
to the library and who shall refuse to make reasonable compensation
for such loss or damage shall be prohibited from further use of the
library facilities or property and shall be liable for civil damages
therefor.
[Ord. No. 3670 §1, 3-29-2006]
A.
A person
commits the crime of passing a bad check when:
1.
With purpose to defraud, the person makes, issues or passes a check
or other similar sight order or any other form of presentment involving
the transmission of account information for the payment of money,
knowing that it will not be paid by the drawee or that there is no
such drawee; or
2.
The person makes, issues or passes a check or other similar sight
order or any other form of presentment involving the transmission
of account information for the payment of money, knowing that there
are insufficient funds in or on deposit with that account for the
payment of such check, sight order or other form of presentment involving
the transmission of account information in full and all other checks,
sight orders or other forms of presentment involving the transmission
of account information upon such funds then outstanding or that there
is no such account or no drawee and fails to pay the check or sight
order or other form of presentment involving the transmission of account
information within ten (10) days after receiving actual notice in
writing that it has not been paid because of insufficient funds or
credit with the drawee or because there is no such drawee.
B.
As used in Subparagraph (2) of Subsection (A) of this Section, "actual notice in writing" means notice of the non-payment
which is actually received by the defendant. Such notice may include
the service of summons or warrant upon the defendant for the initiation
of the prosecution of the check or checks which are the subject matter
of the prosecution if the summons or warrant contains information
of the ten (10) day period during which the instrument may be paid
and that payment of the instrument within such ten (10) day period
will result in dismissal of the charges. The requirement of notice
shall also be satisfied for written communications which are tendered
to the defendant and which the defendant refuses to accept.
C.
Costs. In addition to all other costs and fees allowed
by law, the prosecuting attorney who takes any action pursuant to
the provisions of this Section shall collect from the issuer in such
action an administrative handling cost as provided for by Section
570.120, RSMo.
D.
Notwithstanding
any other provision of law to the contrary:
1.
In addition to the administrative handling costs provided for in Subsection (C) of this Section, the prosecuting attorney may collect from the issuer, in addition to the face amount of the check, a reasonable service charge, which along with the face amount of the check, shall be turned over to the party to whom the bad check was issued;
2.
If a check that is dishonored or returned unpaid by a financial institution
is not referred to the prosecuting attorney for any action pursuant
to the provisions of this Section, the party to whom the check was
issued, or his/her agent or assignee, or a holder, may collect from
the issuer, in addition to the face amount of the check, a reasonable
service charge, not to exceed twenty-five dollars ($25.00), plus an
amount equal to the actual charge by the depository institution for
the return of each unpaid or dishonored instrument.
E.
When
any financial institution returns a dishonored check to the person
who deposited such check, it shall be in substantially the same physical
condition as when deposited, or in such condition as to provide the
person who deposited the check the information required to identify
the person who wrote the check.
A.
MERCANTILE ESTABLISHMENT
MERCHANDISE
MERCHANT
WRONGFUL TAKING
Definitions. As used in this Section, the following definitions
shall apply:
Any mercantile place of business in, at or from which goods,
wares and merchandise are sold, offered for sale or delivered from
and sold at retail or wholesale.
All goods, wares and merchandise offered for sale or displayed
by a merchant.
Any corporation, partnership, association or person who is
engaged in the business of selling goods, wares and merchandise in
a mercantile establishment.
Includes stealing of merchandise or money and any other wrongful
appropriation of merchandise or money.
B.
Any
merchant, his/her agent or employee, who has reasonable grounds or
probable cause to believe that a person has committed or is committing
a wrongful taking of merchandise or money from a mercantile establishment,
may detain such person in a reasonable manner and for a reasonable
length of time for the purpose of investigating whether there has
been a wrongful taking of such merchandise or money. Any such reasonable
detention shall not constitute an unlawful arrest or detention, nor
shall it render the merchant, his/her agent or employee criminally
or civilly liable to the person so detained.
C.
Any person willfully concealing unpurchased merchandise of any mercantile establishment, either on the premises or outside the premises of such establishment, shall be presumed to have so concealed such merchandise with the intention of committing a wrongful taking of such merchandise within the meaning of Subsection (A), and the finding of such unpurchased merchandise concealed upon the person or among the belongings of such person shall be evidence of reasonable grounds and probable cause for the detention in a reasonable manner and for a reasonable length of time of such person by a merchant, his/her agent or employee in order that recovery of such merchandise may be effected, and any such reasonable detention shall not be deemed to be unlawful nor render such merchant, his/her agent or employee criminally or civilly liable.
[R.O. 1952 §17.44; CC 1988 §17-28]
Any person who shall, in the City, write, inscribe or place
upon the wall or door of any building or upon any privy, fence, bridge
or other structure any obscene or vulgar picture, design or words
shall be deemed guilty of misdemeanor.
[R.O. 1952 §6.9; CC 1988 §7-8]
Every person who shall open or attempt to open any grave or
other place of interment or sepulcher in any cemetery, graveyard or
burial ground over which the City may exercise control with the intent
to remove the dead body or remains of any human being or to steal
the coffin or any vestment or other article or any part thereof interred
with such body shall be deemed guilty of a misdemeanor.
[R.O. 1952 §6.10; CC 1988 §7-9]
No person shall willfully destroy, disfigure or injure any wall,
fence, hedge, monument, tombstone, tree or shrubbery around or within
any cemetery, graveyard or burial ground, or shall use without proper
authorization such cemetery, graveyard or burial ground, or shall
be guilty of any unseemly, offensive or lascivious conduct within
or about such burial ground. The provisions of this Section shall
apply to all cemeteries, graveyards or burial grounds within this
City and to all such burial grounds within five (5) miles thereof
which belong to the City or which are or may be used for the interment
or sepulcher of the inhabitants of this City, whether belonging to
this City or to any private person, company, corporation, church or
association.
