[Ord. No. 243 §28]
No person shall paint, post, place, hang, suspend or affix any
advertisement, card, poster, sign, banner or streamer of any nature,
or for any purpose, nor cause the same to be done, on or to any curbstone,
flagstone or any other portion of any street or sidewalk, or upon
any tree or lamp post standing or erected on any public street, alley
or other public place, or upon any pole erected upon any public street,
alley or other public place, which pole is used to carry telephone
wires or cables, electric light wires or other electric conductors,
or to any hydrant, bridge or other public structure within this City;
provided, that nothing herein shall apply to any official notice required
by law or ordinance to be posted by public officers.
[Ord. No. 243 §6]
Any person who shall commit, attempt to commit, conspire to
commit or aid or abet in the commission of any act declared in this
Code to be in violation of the ordinances of the City, whether individually,
or in connection with one (1) or more other persons, or as a principal,
agent or accessory, shall be guilty of such offense, and every person
who falsely, fraudulently, forcibly or willfully induces, causes,
coerces, requires, permits or directs another to violate any provision
of this Code is likewise guilty of such offense.
[Ord. No. 243, §10; Ord. No. 571, §2.; Ord. No. 1779 §1, 8-17-2004]
A person commits the crime of assault if:
(a)
He knowingly causes, attempts to cause or recklessly causes physical
injury to another person;
(b)
With criminal negligence, he causes physical injury to another person
by means of a deadly weapon;
(c)
He purposely places another person in apprehension of an immediate
physical injury;
(d)
He recklessly engages in conduct which creates a grave risk of death
or serious physical injury to another person;
(e)
He knowingly causes physical contact with another person knowing
the other person will regard the contact as offensive or provocative;
or
(f)
He knowingly threatens or implies harm to an administrator, teacher,
bus driver or other employee of a school board while they are engaged
in the performance of their duties.
[Ord. No. 124, §2; Ord. No. 572, §2; Ord. No. 1641 §1, 9-17-2002; Ord. No. 2312 §1, 9-2-2014]
(a)
For purposes of this section, "notice in writing" means notice deposited
as first class mail in the United States mail and addressed to the
issuer at his address as it appears on the dishonored check or to
his last known address.
(b)
A person commits the crime of passing a bad check when, with the
purpose to defraud or deny payment:
(1)
He makes, issues, passes a check or similar sight order, or authorizes
an electronic payment from a financial institution checking, savings
or other transaction account for the payment of money, knowing that
it will not be paid by the drawee or that there is no such drawee,
or at any time during a contract period evidenced by a written contract,
for which products or services have been tendered, stops payment on
the check or revokes an electronic authorization.
(2)
The person makes, issues or passes a check or other similar sight
order for the payment of money, knowing that there are insufficient
funds in that account or that there is no such account or no drawee
and fails to pay the check or sight order 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.
(c)
If the issuer had no account with the drawee or if there was no such
drawee at the time the check or order was issued, this fact shall
be prima facie evidence of his purpose to defraud and of his knowledge
that the check or order would not be paid.
(d)
If the issuer has an account with the drawee, failure to pay the
check or order within ten (10) days after notice in writing that it
has not been honored because of insufficient funds or credit with
the drawee is prima facie evidence of his purpose to defraud and of
his knowledge that the check or order would not be paid.
(e)
The requirement of notice shall also be satisfied for written communications
which are tendered to the defendant and which the defendant refuses
to accept.
(f)
The face amounts of any bad checks passed pursuant to one (1) course
of conduct within any ten-day period may be aggregated in determining
the grade of the offense.
(g)
Passing bad checks is a Class A Misdemeanor, unless:
[Ord. No. 466, §§1, 2; Ord. No. 530 §§1 to 4; Ord.
No. 581, §§1 to 6; Ord. No. 1411 §1, 8-3-1999; Ord. No. 2171 §1, 5-3-2011]
(a)
The city owned and operated parks shall be closed to the public on
a daily basis, as follows:
(1)
Bowlby Park, located at the southern end of Williams Drive,
shall be closed daily at dusk and opened daily at dawn.
(2)
Drewel Memorial Park, adjacent to the Shaws Garden Subdivision,
shall be closed daily at dusk and opened daily at dawn, with the exception
of the lighted tennis court which shall be closed daily at 10:00 P.M.
[Ord. No. 2727, 7-18-2023]
(3)
Hilltop Park, located in the Hilltop Village Subdivision, shall
be closed daily at dusk, and opened daily at dawn.
(4)
Kircher Park, located at the northern end of Williams Road,
shall be closed daily at dusk and opened daily at 7:00 A.M.
[Ord. No. 2268 §1, 8-6-2013]
(5)
Lion's Park, located on Bald Hill Road, shall be closed daily
at dusk, except by special written permit for recreational activities
that have controlled city operated fixed lighting, and opened daily
at dawn.
(6)
Ruprecht Memorial Park shall be open on a twenty-four hour daily
basis and not closed.
(7)
Soetebier Park, located along Williams Road, shall be closed
daily at dusk and opened daily at dawn.
(8)
Berry Park, located along Forby Road, shall be closed daily
at dusk and opened daily at dawn. Motor vehicles transporting school
attendees shall be prohibited from parking within Berry Park. After-hours
parking is permissible within Berry Park on such days that a Eureka
High School Varsity Team athletic event is being held until one (1)
hour following the official end of such event.
[Ord. No. 2246 §1, 10-16-2012; Ord. No. 2275 §1, 10-15-2013; Ord. No. 2367 §1, 1-5-2016]
(9)
Legion Park, located on Bald Hill Road, shall be closed daily
at dusk and opened at dawn.
[Ord. No. 2268 §2, 8-6-2013]
(10)
West Frisco Park, located at Frisco Street and Virginia Avenue,
shall be closed daily at 2:00 A.M. and opened at dawn.
[Ord. No. 2268 §2, 8-6-2013]
(11)
Forby Road Nature Trail, located on Forby Road west of Alt Road,
shall be closed daily at dusk and opened at dawn.
[Ord. No. 2268 §2, 8-6-2013]
(12)
Flat Creek Trail shall be closed daily at dusk and opened at
dawn.
[Ord. No. 2268 §2, 8-6-2013]
(13)
Eureka Mountain Bike Park, located in Coffey Park, shall be
closed daily at dusk and opened at dawn, except as otherwise closed
by the City.
[Ord. No. 2544, 6-2-2020]
(b)
The times established herein shall be determined by the United States
Naval Observatory.
(c)
In the event, in its discretion, the Board of Aldermen from time
to time may deem it appropriate for the purposes of special events
and/or various seasonal recreational activities, the Board may adjust
on a temporary basis the closing and opening times of City parks.
[Ord. No. 2596, 6-15-2021]
(d)
Legible signs shall be posted at each entrance so such city parks,
showing such hours when these parks are closed to the public and reciting
that violators shall be subject to penalties.
(e)
Persons violating the provisions of this section shall be punished
by a fine not exceeding five hundred dollars or imprisonment for a
period not exceeding six months or by both such fine and imprisonment.
[Ord. No. 790 §1; Ord. No. 1610 §1, 5-21-2002; Ord. No. 1724 §1, 10-7-2003; Ord.
No. 1826 §1, 4-5-2005; Ord. No. 1855 §1, 9-6-2005; Ord.
No. 2220 §1, 6-19-2012; Ord. No. 2231 §§1-2, 7-17-2012]
The following rules and regulations shall be applicable for
all public parks within the City unless otherwise specified:
(a)
Fires are only allowed in barbecue pits.
(b)
All trash, rubbish and debris must be placed in proper containers.
(c)
The erection of any structure (tents, booths, posts, etc.) is
prohibited unless special permission has been granted and a written
permit is posted.
(d)
All pets must be on a leash pursuant to Sections 4-2, 4-12 and
4-12.1, except that no pets shall be allowed in the Eureka Mountain
Bike Park at any time.
[Ord. No. 2544, 6-2-2020]
(e)
Pet owners are required to dispose of all waste created by their
pets pursuant to Section 4-3(b)(1).
(f)
Horses shall be allowed only within Kircher Park, except in
connection with an approved special event permit, subject to conditions
imposed by the Board of Aldermen in conjunction with any such authority
which may be granted. Horse trailers shall not be allowed in any City
park.
(g)
It shall be unlawful for any person to use or possess a beverage
bottle or beverage container made of glass, in whole or in part, within
any City parks. The possession or consumption of alcoholic beverages
in the Eureka Mountain Bike Park is prohibited.
[Ord. No. 2544, 6-2-2020]
(h)
Bands, DJ's and amusement rides are prohibited unless prior
approval has been granted.
(i)
Amplified sound that can be heard from a distance greater than
fifty (50) feet is prohibited.
(j)
Roller-blading, roller-skating, skateboarding, hockey, bicycling,
the use of go-karts or scooters and any other activity which could
deface or be destructive to the surface materials or any other components
of recreational facilities are not permitted under the pavilions,
on the tennis courts or near/on playground equipment. Roller-blading,
roller-skating, skateboarding, or the use of go-karts, dirt bikes,
e-bikes, ATVs, golf carts, low-speed vehicles or scooters and any
other activity which could deface or be destructive to the surface
materials or any other components of recreational facilities are not
permitted at the Eureka Mountain Bike Park.
[Ord. No. 2544, 6-2-2020]
(k)
Golfing is not allowed in any area of the parks.
(l)
Motor vehicles are prohibited from all grass areas and areas
posted for pedestrian/bike use unless prior approval has been granted.
(m)
Pavilions are available for reservation and any group using
a pavilion without a permit must vacate the pavilion if a group that
has been permitted arrives.
(n)
No for-profit, business or retail activity will be allowed in
any City park unless prior approval has been authorized by the Board
of Aldermen. No City park or facilities located therein can be used
for such personal profit activity unless the Board of Aldermen has
approved an ordinance authorizing a written contract for such activity.
Any contract shall provide market-rate compensation to the City, and
include terms acceptable to the City. Contract terms shall require
at a minimum indemnification, insurance, release of liability and
any other terms deemed advisable to satisfy State law and to ensure
the availability of the park to the general public. No person or business
shall be allowed to use the same City park for personal profit more
than twelve (12) times in one (1) calendar year, and no more than
twice in a single month. Personal profit includes any activity designed
for the promotion or sales of commercial products or services, and
includes advertising, private gatherings, private meetings or the
display or use of any permanent or temporary sign, stand, cart, advertisement,
or personal property, fixtures or equipment primarily for the purpose
of, or incidental or accessory thereto, displaying, selling, otherwise
promoting such property, good, product or service.
[Ord. No. 2544, 6-2-2020]
(o)
No dual rear wheeled vehicles shall be allowed within Berry
Park.
(p)
There shall be no parking of vehicles allowed in any City park
when such park is closed to the public based on established hours
of operation.
(q)
Commercial vehicles are prohibited at all times from parking
in the area known as "West Frisco Park" at a location numbered 14
West Frisco Avenue.
(r)
Registered 501(c)(3), not-for-profit charitable organizations,
are allowed to conduct fundraising events at pavilions with approval
from the Board of Aldermen.
[Ord. No. 2268 §3, 8-6-2013]
(s)
An individual or organization may reserve a pavilion for no
more than four (4) weekend (Friday through Sunday) days per calendar
year, unless approved by the Board of Aldermen.
[Ord. No. 2268 §3, 8-6-2013]
(t)
A pavilion rental fee of twenty-five dollars ($25.00) shall
apply to all Eureka residents and Eureka-based not-for-profit organizations,
and a rental fee of fifty dollars ($50.00) shall apply to all non-residents
and not-for-profit organizations not based in Eureka.
[Ord. No. 2268 §3, 8-6-2013]
(u)
Cancellation of the pavilion rental agreement must be submitted
no less than two (2) weeks prior to the rental date, otherwise the
rental fee will be forfeited.
[Ord. No. 2268 §3, 8-6-2013]
(v)
No sports team activities including any form of organized events,
official games, unofficial games or team practices may be conducted
within Berry Park. This sports team activity prohibition, includes,
but is not limited to, baseball, softball, soccer, football, lacrosse
and rugby.
[Ord. No. 2385 § 1, 8-16-2016]
(w)
The following conduct shall be deemed unlawful in the Eureka
Mountain Bike Park and the adjacent parking lot:
[Ord. No. 2544, 6-2-2020]
(1)
Operating a bike without a helmet.
(2)
Allowing a child under the age of sixteen (16) to operate a
bike without the supervision of a parent or legal guardian.
(3)
Failing to obey signs posted throughout the bike park, including
directional signs.
(4)
Entering on foot or bike at any time the park is closed.
(5)
Altering, modifying or changing any feature of the park.
(6)
Installing a new feature in the park.
(7)
Damaging any City property in the park, including but not limited
to trees, foliage, grasses, trails, features, fences, signs, barricades
or structures.
(8)
Possessing or using a weapon of any kind, including but not
limited to a knife, gun, bow and arrow or other weapon as defined
by City ordinance.
(9)
Removing, damaging or altering a sign or barricade, intended
to close the park or displaying hours of operation or closure.
(10)
Camping or parking overnight.
(11)
Entering the bike park under the influence of alcohol or prescription
or illegal drugs.
(12)
Erecting or displaying a commercial sign or product, whether
or not the product is for immediate sale or lease, or handing out
marketing materials.
(x)
Team
practices and team games of rugby, field hockey and tackle football
are not allowed in Lions or Legion Parks.
[Ord. No. 2609, 9-21-2021]
[Ord. No. 2231 §1, 7-17-2012; Ord. No. 2544, 6-2-2020]
Persons violating the provisions of Section 15-4.1A. shall be subject to immediate removal from City park property and shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a period not exceeding six (6) months, or by both such fine and imprisonment. Any period of imprisonment shall only be for those offenses allowed by Missouri State Statutes.
[Ord. No. 573, §1; Ord. No. 1643 §1, 9-17-2002]
A person commits the crime of fraudulent use of a credit or
debit device if the person uses a credit or debit device for the purpose
of obtaining services or property, knowing that:
(a)
Knowing that the device is stolen, fictitious or forged; or
(b)
Knowing that the device has been revoked or canceled; or
(c)
Knowing that for any other reason his use of the device is unauthorized.
(d)
Uses a credit device for the purpose of paying taxes, utilities,
court fines and/or costs or membership fees to the City of Eureka,
or any other governmental entity, and knowingly cancels said charges
or payments without just cause. It shall be prima facie evidence of
a violation of this Section if a person cancels said charge or payment
after obtaining any service or membership card.
[Ord. No. 2312 §2, 9-2-2014]
|
Fraudulent use of a credit or debit device is a class A misdemeanor
unless the value of the property or services obtained or sought to
be obtained within any thirty (30) day period is five hundred dollars
($500.00) or more, in which case fraudulent use of a credit or debit
device is a Class D Felony.
|
[Ord. No. 48, §1]
It shall be unlawful for any minor under the age of seventeen
years to loiter, idle, wander, stroll or to drive or ride in an automobile
or other conveyance, or play in or upon the public streets, highways,
roads, alleys, parks, playgrounds or other public grounds, public
places and public buildings, places of amusement and entertainment,
vacant lots or other unsupervised places, between the hours of 11:00
P.M. and 6:00 A.M., of the following day, except on Fridays and Saturdays
when the hours shall be 12:00 Midnight to 6:00 A.M. of the following
day; provided, that the provisions of this section do not apply to
a minor accompanied by his parent, guardian or other adult person
having the care and custody of the minor, or where the minor is upon
an emergency errand or legitimate business directed by his parent,
guardian or other adult person having the care and custody of the
minor.
[Ord. No. 48, §2]
It shall be unlawful for the parent, guardian or other adult
person having the care and custody of a minor under the age of seventeen
years to knowingly permit such minor to loiter, idle, wander, stroll
or play in or upon the public streets, highways, roads, alleys, parks,
playgrounds or other public grounds, public places and public buildings,
places of amusement and entertainment, vacant lots or other unsupervised
places, between the hours of 11:00 P.M. and 6:00 A.M., of the following
day; provided, that the provisions of this section do not apply when
the minor is accompanied by his parent, guardian or other adult person
having the care and custody of the minor, or when the minor is upon
an emergency errand or legitimate business directed by his parent,
guardian or other adult person having the care and custody of the
minor.
[Ord. No. 48, §3]
Any police officer finding a child violating the provisions of section 15-5 shall warn the child to desist immediately such violation and take the child home to its parent or guardian. If such parent or guardian cannot be located he shall retain custody of such minor until such parent or guardian is located and the child delivered to him. The officer shall also report the violation to the city marshal who shall cause a written notice to be served upon such parent of such minor setting forth the manner in which the minor violated the provisions of such section. Any such parent or guardian receiving such notice who shall knowingly permit such child again to violate the provisions of such section shall be deemed guilty of a misdemeanor.
[Ord. No. 774, §2]
A person commits the crime of peace disturbance if:
(a)
He unreasonably and knowingly disturbs or alarms another person or
persons by:
[Ord. No. 562, §2]
A person commits the crime of private peace disturbance if he
is on private property and unreasonably and purposely causes alarm
to another person on the same premises by:
[Ord. No. 562, §2]
For the purposes of sections 15-8 and 15-9, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Any place which at the time is not open to the public. It
includes property which is owned publicly or privately.
Any property in which the actor does not have a possessory
interest.
Any place which at the time is open to the public. It includes
property which is owned publicly or privately.
|
If a building or structure is divided into separately occupied
units, such units are separate premises.
|
[Ord. No. 243, §36]
No person in the city shall appear in public in the dress of
the opposite sex.
[Ord. No. 243, §23; Ord. No. 393, §1; Ord. No. 574, §2; Ord. No. 1272 §1, 1-7-1997]
(a)
A person commits the offense of making a false report if he knowingly:
(1)
Gives false information to a Law Enforcement Officer 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.
(b)
It is a defense to a prosecution under Subsection (a) 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)
It shall be unlawful for a person to make a false report as defined
in this Section.
[Ord. No. 1272 §1, 1-7-1997]
(a)
It shall be unlawful for any person to make a false declaration in
writing for the purpose of misleading a Police Officer in the performance
of his duty in the City, if he submits any written false statement
which he does not believe to be true or submits or invites reliance
on any writing which he knows to be forged, altered or otherwise lacking
in authenticity, or any sample, specimen, map, boundary mark or other
object which he knows to be false.
(b)
The falsity of the statement or the item under paragraph (a) above
must be as to a fact which is material to the purposes for which the
statement is made or the item submitted.
(c)
It is a defense to a prosecution herein that the actor retracted
the false statement or item, but this defense shall not apply if the
retraction was made after the falsity or the statement or item was
exposed or the Police Officer took substantial action in reliance
on such statement or item.
(d)
The defendant shall have the burden of injecting the issue of retraction
herein.
[Ord. No. 1272 §1, 1-7-1997]
(a)
(b)
It shall be unlawful for any person to commit an act of false impersonation.
[Ord. No. 243, §22; Ord. No. 2121 §1, 6-1-2010; Ord. No. 2224 §1, 7-3-2012]
(a)
No person except the Chief of Police, a police officer or other officer
while performing official duties, shall discharge or fire off any
gun, pistol or firearms of any description within three hundred (300)
yards of any dwelling, house, apartment building, church, school or
any other occupied or habitable structure within the City with the
following exceptions:
[Ord. No. 2300 §1, 5-6-2014]
(1)
Paintball guns operated by patrons of a City-approved paintball
facility.
(2)
Firearms of a type and caliber approved for discharge within
a City-approved indoor firing range.
(3)
Firearms of a type and caliber approved for discharge in connection
with a City-approved outdoor military training facility.
(b)
No person except the Chief of Police, a police officer or other officer
while performing official duties, shall discharge or fire off any
gun, pistol or firearms projecting single or multiple solid projectiles
anywhere in the City with the following exceptions:
[Ord. No. 2300 §1, 5-6-2014]
(1)
Paintball guns operated by patrons of a City-approved paintball
facility.
(2)
Firearms of a type and caliber approved for discharge within
a City-approved indoor firing range.
(3)
Firearms of a type and caliber approved for discharge in connection
with a City-approved outdoor military training facility.
(c)
Nothing herein contained shall be construed as prohibiting the conduct
of adequately supervised shooting matches or shooting concessions
sponsored by athletic, civic, patriotic or charitable organizations,
for which the Mayor has issued a written permit.
[Ord. No. 2265 §1, 6-18-2013]
(a)
It shall be unlawful for any person to openly carry a firearm, or
any other weapon readily capable of lethal use, across property containing
or parking lots serving a gun shop, ammunition shop, firing range
or other business that sells or allows the use of firearms within
the City of Eureka. Any such weapons shall be transported into such
businesses in an appropriate case or storage unit or shall be fully
concealed on his or her person if he or she has a valid permit to
carry a concealed firearm.
(b)
Nothing in this Section shall be construed to forbid United States marshals, sheriffs, constables and their deputies, and any regular, special or ex officio police officer, or any other law enforcement officer of the United States, the state, the county or the City, or the owners or authorized employees of such establishments set forth in Subsection (a) from wearing such weapons in an unconcealed state as shall be necessary in the performance of their duties or employment.
[Ord. No. 243, §30]
No person shall sell, use, manufacture, display or possess fireworks
within the city at any time, except as provided in this section.
The term "fireworks," as used in this section, means and includes
any combustible or explosive composition, or any substance or combination
of substances, or article prepared for the purpose of producing a
visible or an audible effect by combustion, explosion, deflageration
or detonation and includes blank cartridges, toy pistols, toy cannons,
toy canes or toy guns in which explosives are used, the type of balloons
which require fire underneath to propel the same, firecrackers, torpedoes,
skyrockets, Roman candles, Dago bombs, or other fireworks of like
construction and any fireworks containing any explosive or flammable
compound, or any tablets or other device containing any explosive
substance. The term "fireworks" shall not include sparklers, colored
flares, toy pistols, toy canes, toy guns or other devices using paper
caps containing twenty-five hundredths grains or less of explosive
mixture, the sale and use of which shall be permitted at all times.
The prohibitions of this section shall not apply to the sale
or use of blank cartridges for theatrical purposes or for signal purposes
in athletic or sports events nor to public demonstrations or displays
of fireworks; provided, that such public demonstrations or displays
of fireworks shall be conducted under the supervision of the chief
of police and the police department after application is made in writing
and presented to the mayor, and a permit issued by the mayor for such
demonstration or display. The chief of police is hereby directed to
prepare appropriate application and permit forms to fully effectuate
the terms of this section.
[1]
Editor's Note: Former Section 15-15, Hawkers and Peddlers
— Hours of Sale, adopted by Ord. No. 243 §14, was repealed
Ord. No. 2493, 7-2-2019.
[Ord. No. 243, §13.; Ord. No. 1781 §1, 8-17-2004; Ord. No. 1828 §3, 4-19-2005; Ord.
No. 2493, 7-2-2019]
No person shall go upon any property for the purpose of soliciting
orders for the sale of goods, wares, merchandise or services or for
the purpose of disposing of or peddling or hawking the same.
[Ord. No. 243, §38]
No person shall set up or keep any gaming table or gambling
device at which any game of chance is being or may be played for money
or property.
No person shall at any such table or device or at any game of
chance bet, win or lose any money or property either by the use of
specie or by means of anything representing the same.
No person shall suffer any gaming table or gambling device at
which any game of chance may be played to be set up or used on or
in any premises in his or its possession or under his or its control.
[Ord. No. 243, §24]
No person shall obtain lodging, food, money, property or other
accommodation at any hotel, inn, motel, restaurant, rooming house,
boardinghouse or eating house or place of public accommodation with
the intent to defraud the owner or keeper thereof.
Proof that lodging, food, money, property or other accommodations
were obtained by any person by false pretense or false representation,
or by false or fictitious show or pretense of any baggage or other
property, or by failing or refusing to pay for the lodging, food,
money, property or other accommodations on demand, or that any person
gave in payment for such lodging, food, money, property or other accommodations
a check or negotiable paper on which payment was refused, or that
any person left the hotel, inn, motel, restaurant, boardinghouse or
eating house without paying or offering to pay for such lodging, food,
money, property or other accommodations or that any person surreptitiously
removed or attempted to remove his baggage, or that any person registered
under a fictitious name shall be prima facie proof of the intent of
this person to defraud.
The provisions of this section shall not apply where there has
been an agreement in writing for a delay in payment.
[Ord. No. 243, §35.; Ord. No. 1747 §1, 3-2-2004]
The owner, proprietor, manager or other person in charge of
any hotel, motel, lodginghouse, rooming house or other place where
transients are accommodated shall, at all times, keep a standard hotel
register in which shall be ascribed the names of all the guests or
persons renting or occupying rooms in such house, which register shall
be signed by the person renting a room or by someone under his direction.
Such registration shall be made, and after the names are ascribed
in the register, the manager of the house or his agent shall write
the number of the room such guests or person is to occupy, together
with the time when such room is rented so as to identify the room
occupied by the person registering. All of the foregoing shall be
done before any guest is permitted to occupy a room. Such register
shall be at all times open to inspection by any guest of the house
wherein such register is kept and by any executive, administrative
or peace officer of the city, county or state.
[Ord. No. 243, §35.; Ord. No. 1747 §1, 3-2-2004]
No person shall write or cause to be written, or knowingly permit
to be written, in any register in any hotel, motel, lodging place,
rooming house or other place whatsoever where transients are accommodated
in the city, any other or different name or designation than the true
name of the person so registered therein, or the name by which the
person is generally known.
[Ord. No. 243, §35.; Ord. No. 1747 §1, 3-2-2004]
Persons of the opposite sex, except husband and wife, or parent
and child, shall not jointly and privately occupy any room in any
dwelling unit, apartment, lodginghouse, motel or any other place where
transients are accommodated.
No proprietor, manager or other person in charge of such hotel,
motel, lodginghouse, rooming house or other place where the transients
are accommodated, shall rent or assign rooms for joint, private occupancy
by persons of the opposite sex unless such persons shall be registered
as husband and wife or as parent and child.
No proprietor, manager, or other person in charge of any hotel,
motel, lodginghouse, rooming house or other place where transients
are accommodated, shall rent or assign rooms to persons of the opposite
sex for joint, private occupancy, if notwithstanding the lawful appearance
of the registration, he has reasonable cause to believe that such
persons are not husband and wife nor parent and child. If such transients
are unknown to him, he shall not receive them as guests without first
requiring some reasonable evidence of a lawful relationship.
[Ord. No. 243, §35.; Ord. No. 1747 §1, 3-2-2004]
No proprietor, manager or other person in charge of any place
where transients are accommodated for sleeping or lodging purposes
shall let any room more than once between the hours of 6:00 P.M. and
6:00 A.M. the next day, except to bona fide travelers with baggage.
[Ord. No. 1747 §1, 3-2-2004; Ord. No. 2097 §1, 9-1-2009]
A passenger on an amusement ride shall, at a minimum:
(a)
Obey the reasonable safety rules posted in accordance with RSMo.,
Sections 316.203 to 316.233 and oral instructions for an amusement
ride issued by the amusement owner or such owner's employee or agent,
unless:
(b)
Refrain from acting in any manner that may cause or contribute to
injuring such passenger or others, including:
(1)
Interfering with the safe operation of the amusement ride;
(2)
Not engaging any safety devices that are provided;
(3)
Disconnecting or disabling a safety device except at the express
instruction of the operator;
(4)
Altering or enhancing the intended speed, course or direction
of an amusement ride;
(5)
Extending arms and legs beyond the carrier or seating area except
at the express direction of the ride operator;
(6)
Throwing, dropping or expelling an object from or toward an
amusement ride;
(7)
Getting on or off an amusement ride except at the designated
time and area, if any, at the direction of the ride operator or in
an emergency; and
(8)
Unreasonably controlling the speed or direction of such passenger
or amusement ride that requires the passenger to control or direct
himself or herself or a device.
[Ord. No. 2127 §1, 6-15-2010]
It shall be unlawful for any person to use or possess a beverage
bottle or beverage container made of glass, in whole or in part, at
any City event.
[Ord. No. 2177 §1, 7-5-2011]
It shall be unlawful to bring a dog to an event the City is
conducting or hosting, with the exception of City conducted or hosted
events at which dogs are invited to participate, or a service animal
assisting a disabled individual.
[Ord. No. 1927 §1, 6-29-2006]
It shall be unlawful for any person to engage in picketing,
protesting or demonstrating within three hundred (300) feet of the
property line of any church, cemetery or funeral establishment, as
defined by Section 333.011, RSMo., within one (1) hour prior to the
commencement of any funeral and until one (1) hour following the cessation
of any funeral. For purposes of this Section, "funeral" shall mean
any visitation, ceremony, procession or memorial service held in connection
with the viewing, burial or cremation of a deceased person. Each day
on which a violation occurs shall constitute a separate offense. Violation
of this Section shall be punishable by a fine not to exceed seven
hundred fifty dollars ($750.00) or by imprisonment for a period not
exceeding six (6) months and/or both such fine and imprisonment.
[Ord. No. 243, §33]
No person shall keep, place or cause to be placed on his land
or premises, any abandoned, unattended or discarded icebox, refrigerator
or any other container of any kind which has airtight doors or locks
which cannot be released for opening from the inside of the icebox,
refrigerator or container.
No person shall keep, place or cause to be placed on his land
or premises, any abandoned, unattended or discarded icebox, refrigerator
or any other container of any kind which has an airtight snap lock
or other device thereon without first removing the doors from such
icebox, refrigerator or container.
[Ord. No. 243 §34]
(a)
PROSTITUTION
LEWD OR LASCIVIOUS ACT
MERETRICIOUS DISPLAY
For the purpose of this section, the following terms have the meaning
ascribed to them:
The offering or receiving of the body for sexual intercourse
or other physical sexual activity for hire as well as the indiscriminate
or promiscuous offering or receiving of the body for sexual intercourse
or other physical activity without hire.
An appearance in the state of nudity.
An appearance in any indecent dress.
Exposure of the private parts of the body, which is wanton
and committed in the presence of another or in any place open to the
public view.
Any acts, signs, gesture or manifestations which allure,
or which is calculated to allure, entices or is calculated to entice
by a false show, gaudiness or tawdry ornamentation.
(b)
No person shall commit or offer or agree to commit a lewd or lascivious
act or an act of prostitution or moral perversion.
(c)
No person shall secure or offer another for the purposes of committing
a lewd or lascivious act or an act of prostitution or moral perversion.
(d)
No person shall be in or near any place frequented by the public
or any public place for the purpose of inducing, enticing or procuring
another to commit a lewd or lascivious act or an act of prostitution
or moral perversion.
(e)
No person shall make a meretricious display in or near any public
place, any place frequented by the public or any place open to the
public view.
(f)
No person shall knowingly transport any person to any place for the
purpose of committing a lewd or lascivious act or any act of prostitution
or moral perversion.
(g)
No person shall knowingly receive, or offer or agree to receive,
any person into any place or building for the purpose of performing
a lewd or lascivious act, or an act of prostitution or moral perversion,
or to knowingly permit any person to remain in any place or building
for any such purpose.
(h)
No person shall direct or offer to direct any person to any place
or building for the purpose of committing any lewd or lascivious act
or act of prostitution or moral perversion.
(i)
No female person shall frequent or loiter in any tavern, cabaret
or nightclub, with the purpose of soliciting men to purchase drinks.
No proprietor or operator of any such establishment shall allow the
presence in such establishment of any woman who violates the provisions
of this Section.
[Ord. No. 243 §12]
No person shall loiter on the streets or at the corners thereof
or in the vicinity of any place of amusement, hotel, motel, restaurant,
office building, shop or store, or any other place of business, or
obstruct corridors, aisles, stairways or doorways, so as to prevent
free access, passage or movement by members of the public, officers
or employees.
No person shall by his/her presence, or by other means, either
alone or in consort to others, interfere with or interrupt the conduct
of business in offices, shops or stores.
[Ord. No. 243 §15]
No person in this City shall falsely represent himself/herself
to be an officer, agent, employee or a Police Officer of this City,
of the County, or of the State or Federal Government; and no person,
without being lawfully authorized, shall exercise or attempt to exercise
any of the duties, functions or powers of any such officer.
[Ord. No. 243 §15; Ord. No. 1325 §1, 11-18-1997; Ord. No. 1638 §1, 9-17-2002]
(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 lawfully stop an individual
or vehicle, or the person 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 he or she:
(b)
This Section applies to arrests with or without warrants and to arrests
for any crime 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 prosecution under paragraph (a) of this Section
that the Law Enforcement Officer was acting unlawfully in making the
arrest. However, nothing in this Section shall be construed to bar
civil suits for unlawful arrests.
(e)
Resisting, by means other than flight, or interfering with an arrest
for a felony is a class D felony; otherwise, resisting or interfering
with an arrest is a class A misdemeanor.
(f)
Resisting an arrest by fleeing in such a manner that the person fleeing
creates a substantial risk of serious physical injury or death to
any person is a class D felony; otherwise, resisting or interfering
with an arrest, detention or stop is a class A misdemeanor.
[1]
Editor's Note — Ord. no. 1638 §1, adopted September
17, 2002, repealed section 15-27.1 in its entirety. Former section
15-27.1 derived from ord. no. 1325 §2, 11-18-1997.
[Ord. No. 243 §29]
No person shall deface, destroy, tear down or remove any official
notice or bulletin or any official sign or signal posted or placed
in conformity with law or this Code or other ordinance, except an
officer of the City, County or State in the proper discharge of his/her
duties.
[Ord. No. 1025 §2, 5-19-1992; Ord. No. 1372 §1, 8-18-1998; Ord.
No. 1628 §1, 9-3-2002]
(a)
A person commits the crime of stealing if he/she appropriates property
or services of another with a purpose to deprive him/her thereof,
either without his/her consent or by means of deceit or coercion when
the value of the property or services appropriated is less than five
hundred dollars ($500.00), including but not limited to the following
acts:
(1)
Transferring or accepting the transfer of any entry stamp or
marking used for entrance into any amusement park or business establishment,
without the consent of the owner;
(2)
Presents or attempts to present the season pass of anyone other
than the presenter with the intent to gain entry into any amusement
park or business establishment; or
(3)
Advertises or offers for sale or resale or sells or resells
any ticket or other entry coupon for any amusement park or business
establishment, without the consent of the amusement park or business
establishment issuing said ticket or entrance coupon, for an amount
greater than the amount paid to the amusement park or business establishment.
(4)
Uses any City utility, including but not limited to water, sewer
or trash service, without making full payment for said services, without
just cause or excuse.
[Ord. No. 2312 §3, 9-2-2014]
(b)
Evidence of the following is admissible in any municipal prosecution
under this Section on the issue of the requisite knowledge or belief
of the alleged stealer;
(1)
That he/she failed and refused to pay for property or services
of a hotel, restaurant, inn, boarding house, amusement park or other
business establishment;
(2)
That he/she gave in payment for property or services of a hotel,
restaurant, inn, boarding house, amusement park or other business
establishment a check or negotiable paper on which payment was refused;
(3)
That he/she left the hotel, restaurant, inn, boarding house,
amusement park or other business establishment with the intent not
to pay for property or services;
(4)
That he/she surreptitiously removed or attempted to remove his/her
baggage or possessions from a hotel, restaurant, inn, boarding house,
amusement park or other business establishment;
(5)
That he/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)
The value of property shall be ascertained as provided in Section
570.020 of the Revised Statutes of the State of Missouri, and this
Section hereby incorporates by reference the definitions contained
in Section 570.010, RSMo.
(d)
The violation of any provision of this Section shall be punishable
by a fine not exceeding five hundred dollars ($500.00) or by imprisonment
for a period not exceeding three (3) months, or by both such fine
and imprisonment.
[Ord. No. 867 §1; Ord. No. 1642 §1, 9-17-2002]
(a)
A person commits the crime of receiving stolen property for the purpose
of depriving the owner of a lawful interest therein if he receives,
retains or disposes of property of another knowing that it has been
stolen, or believing that it has been stolen. Receiving stolen property
is a Class A Misdemeanor, except when the property involved has a
value of five hundred dollars ($500.00) or more, or the person receiving
the property is a dealer of goods of the type in question in which
case receiving stolen property is a Class C felony.
(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 was found in possession or control of other property
stolen on separate occasions from two (2) or more persons;
(2)
That he received other stolen property in another transaction
within the year preceding the transaction charged;
(3)
That he acquired the stolen property for consideration which
he knew was far below its reasonable value.
[Ord. No. 1557 §1, 9-4-2001]
Anyone convicted of stealing motor fuel shall have their drivers
license suspended pursuant to Section 570.030, RSMo. First (1st) offense — sixty
(60) days with hardship after the first thirty (30) days; second (2nd)
offense — ninety (90) days with hardship after the
first sixty (60) days; third (3rd) or subsequent offense — one
hundred eighty (180) days with hardship after the first ninety (90)
days. The person has to 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 the motor fuel dispensed has
been made. This shall apply to anyone found guilty or who pleads guilty
to stealing motor fuel pursuant to Section 570.030, RSMo. The suspension
will begin on the date of the court's conviction. In addition to such
driver's license suspension, anyone convicted of stealing motor fuel
shall also be subject to any applicable theft-related penalties set
forth in the Municipal Code.
[Ord. No. 1639 §1, 9-17-2002]
(a)
A person commits the crime of theft of cable television service if
he:
(1)
Knowingly obtains or attempts to obtain cable television service
without paying all lawful compensation to the operator of such service
by means of artifice, trick, deception or device; or
(2)
Knowingly assists another person in obtaining or attempting
to obtain cable television service without paying all lawful compensation
to the operator of such service; or
(3)
Knowingly connects to, tampers with or otherwise interferes
with any cables, wires or other devices used for the distribution
of cable television if the effect of such action is to obtain cable
television without paying all lawful compensation therefor; or
(4)
Knowingly sells, uses, manufactures, rents or offers for sale,
rental or use of any device, plan or kit designed and intended to
obtain cable television service in violation of this Section.
(b)
Theft of cable television service is a class A misdemeanor if the
value of the service appropriated is five hundred dollars ($500.00)
or less.
(c)
Any cable television operator may bring an action to enjoin and restrain
any violation of the provisions of this Section or bring an action
for conversion. In addition to any actual damages, an operator may
be entitled to punitive damages and reasonable attorney fees in any
case in which the court finds that the violation was committed willfully
and for purposes of commercial advantage. In the event of a defendant's
verdict, the defendant may be entitled to reasonable attorney fees.
(d)
The existence on the property and in the actual possession of the
accused of any connection wire, or conductor, which is connected in
such a manner as to permit the use of cable television service without
the same being reported for payment to and specifically authorized
by the operator of the cable television service 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 the accused
has committed the crime of theft of cable television service.
(e)
If a cable television company either:
(1)
Provides unsolicited cable television service; or
(2)
Fails to change or disconnect cable television service within
ten (10) days after receiving written notice to do so by the customer,
the customer may deem such service to be a gift without any obligation
to the cable television company from ten (10) days after such written
notice is received until the service is changed or disconnected.
(f)
Nothing in this Section shall be construed to render unlawful or
prohibit an individual or other legal entity from owning or operating
a video cassette recorder or devices commonly known as a "satellite
receiving dish" for the purpose of receiving and utilizing satellite-relayed
television signals for his own use.
(g)
As used in this Section, the term "cable television service" includes
microwave television transmission from a multipoint distribution service
not capable of reception by conventional television receivers without
the use of special equipment.
[Ord. No. 243, §15]
No person shall attempt to rescue any person from the custody
of a police officer of the city.
[Ord. No. 243, §15]
No person, while being detained or imprisoned or held in custody
by any officer of this city, shall break away, escape or attempt to
escape from such officer or place of detainment or custody.
[Ord. No. 243, §11]
No person in the city shall use vulgar, profane or indecent
language on any public street or other public place or place of business
open to public patronage.
[Ord. No. 243, §20; Ord. No. 575, §2]
A person commits the crime of property damage if:
[Ord. No. 1005 §1, 1-15-1991]
(a)
It shall be unlawful for any person or persons to enter any schoolhouse or courthouse within the City in a drunken or intoxicated condition, or to drink or to offer to drink any intoxicating liquor in any schoolhouse or courthouse within the City, and person or persons so doing shall be punishable as provided in Section 1-7 of this code.
(b)
It shall be unlawful for any person or persons to operate any aircraft, boat, machinery, firearm, or other equipment, while in a drunken or intoxicated condition or under the influence of alcohol, and any person or persons so doing shall be punishable as provided in Section 1-7 of this code.
(c)
A person shall be deemed in a drunken or intoxicated condition when
the person has ten hundredths of one percent (.10%) or more by weight
of alcohol in his blood. As used in this Section, percent by weight
of alcohol in the blood shall be based upon grams of alcohol per one
hundredth millimeters of blood and may be shown by chemical analysis
of the person's blood, breath, saliva or urine.
(d)
A person who appears to be in a drunken or intoxicated condition
may be taken by a Police Officer to the person's residence, to any
available treatment service, or to any other appropriate local facility,
which may if necessary include a jail, for custody not to exceed twelve
(12) hours.
(e)
Any police officer detaining such person shall be immune from prosecution for false arrest and shall not be responsible in damages for taking action pursuant to Subsection (d) above, if the officer has reasonable grounds to believe the person is in a drunken or intoxicated condition by alcohol and providing that he does not use unreasonable excessive force to detain such person.
(f)
Such immunity from prosecution includes the taking of reasonable
action to protect himself or herself from harm by the drunken or intoxicated
person.
[Ord. No. 243, §32]
No person shall, without proper authority, take or remove any
record, document, book, paper or property of any kind of the city.
No person, without proper authority, shall mutilate or destroy
any record, document, book or paper on file or kept on record in any
public office of the city.
No person shall retain any records, documents, book, paper or
property of the city after lawful demand for the return thereof has
been made by an official or duly authorized agent of the city.
[Ord. No. 243, §31]
No person shall construct, use, discharge, fire, launch or explode
rockets, missiles or other similar projectiles within the city unless
a written permit for such specific purpose has been obtained from
the board of aldermen. In granting any such permit, the board of aldermen
may prescribe such conditions and regulations for the activity permitted
as they may deem necessary for the preservation and the protection
of the health and welfare of the inhabitants of the city.
[Ord. No. 243, §40]
No person shall store any lumber, wood, coal, rock or other
material or substance upon any lot or premises within this city in
such a manner as to endanger public health or safety.
[Ord. No. 243, §25]
No person shall throw any stone or other missile upon or at
any vehicle, building or other public or private property, or upon
or at any person in any public street, alley or place, or enclosed
or unenclosed ground.
[Ord. No. 243, §18]
No person, who has been lawfully summoned to appear in the municipal
court of the city to answer lawful charges for violation of this Code
or any other ordinance of the city, shall fail to appear on the day
and at the hour to which such person has been summoned.
[Ord. No. 38, §6]
The person engaged in the business of supplying telephone or
telegraph service shall, on the request of any person, remove, raise
or lower its wires temporarily to permit the moving of houses or other
structures, the expenses therefor shall be paid by the party requesting
the same. The person making such adjustment or change may require
such payment in advance should it elect to do so, and the person making
such change shall be given not less than forty-eight hours advance
notice to arrange for the same.
[Ord. No. 38, §7]
Authority is hereby granted to any telephone or telegraph company
to trim trees upon and overhanging streets, alleys, sidewalks and
public places of the city, so as to prevent the branches of such trees
from coming in contact with the wires and cables of such company,
which trimming shall be effected under the supervision and direction
of such city official to whom the duties have been or may be delegated.
[Ord. No. 243, §19; Ord. No. 566, §2]
A person commits the crime of trespassing if he knowingly enters
unlawfully or knowingly remains unlawfully in a building or inhabitable
structure or upon real property.
A person does not commit the crime of trespassing 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 what notice against trespassing is given by:
(a)
Actual communication to the actor; or
(b)
Posting in a manner reasonably likely to come to the attention of
intruders.
|
A person enters unlawfully or remains unlawfully in or upon
premises when he is not licensed or privileged to do so. A person
who, regardless of his purpose, enters or remains in or upon premises
which are at the time open to the public does so with license and
privilege unless he defies a lawful order not to enter or remain,
personally communicated to him by the owner of such premises or by
other authorized persons. A license or privilege to enter or remain
in a building which is only partly open to the public is not a license
or privilege to enter or remain in that part of the building which
is not open to the public.
|
[Ord. No. 243, §26]
No person without visible means of support shall wander about
from place to place without being able to give a satisfactory account
of himself.
No person without visible means of support shall occupy, lodge
or sleep in any vacant or unoccupied yard, lot or land, garage, shed,
shop or other building or structure, or in any automobile, truck,
railroad car or other vehicle who does not own the same or who does
not have the permission of the owner or person entitled to possession
of the same, and not be able to give a satisfactory account of himself.
No person without visible means of support shall wander about
and beg nor shall any person without visible means of support go about
from door to door of private homes or commercial and business establishments
or place himself in or upon any public way or public place to beg
or receive alms for himself.
No person without visible means of support or lawful business
shall wander about the streets, alleys or other public ways or places
or be found abroad at late or unusual hours at night and not be able
to give a satisfactory account of himself.
[Repealed by Ordinance No. 800, §1]
[Ord. No. 792 §1]
As used in this chapter:
Any instrument that is designed or adapted for the purpose
of stunning or inflicting physical injury by striking a person, including
but not by way of limitation any and all martial arts instruments,
and which is readily capable of lethal use.
Any firearm with a barrel less than sixteen inches in length,
measured from the face of the bolt or standing breech.
To alter or destroy the manufacturer's or importer's serial
number or any other distinguishing number or identification mark.
Any explosive, incendiary, or poison gas bomb or similar
device designed or adapted for the purpose of inflicting death serious
physical injury, or substantial property damage; or any device designed
or adapted for delivering or shooting such a weapon.
Any weapon that is designed or adapted to expel a projectile
by the action of an explosive.
Any instrument, attachment, or appliance that is designed
or adapted to muffle the noise made by the firing of any firearm.
Any gas ejection device, weapon, cartridge, container or
contrivance other than a gas bomb, that is designed or adapted for
the purpose of ejecting any poison gas that will cause death or serious
physical injury, but not any device that ejects a repellant or temporary
incapacitating substance.
Substantially impaired mental or physical capacity resulting
from introduction of any substance into the body.
Any dagger, dirk, stiletto, or bladed hand instrument that
is readily capable of inflicting serious physical injury or death
by cutting or stabbing a person. For purposes of this chapter, "knife"
does not include any ordinary pocket knife with no blade more than
four inches in length.
Any instrument that consists of finger rings or guards made
of a hard substance that is designed or adapted for the purpose of
inflicting serious physical injury or death by striking a person with
a fist enclosed in the knuckles.
Any firearm that is capable of firing more than one shot
automatically, without manual reloading, by a single function of the
trigger.
Any bow, crossbow, pellet gun, slingshot or other weapon
that is not a firearm, which is capable of expelling a projectile
that could inflict serious injury or death by striking or piercing
a person.
Any firearm designed or adapted to be fired from the shoulder
and to use the energy of the explosive in a fixed metallic cartridge
to fire a projectile through a rifled bore by a single function of
the trigger.
A barrel length of less than sixteen inches for a rifle and
eighteen inches for a shotgun, both measured from the face of the
bolt or standing breech, or an overall rifle or shotgun length of
less than twenty-six inches.
Any firearm designed or adapted to be fired from the shoulder
to use the energy of the explosive in a fixed shotgun shell to fire
a number of shot or single projectile through a smooth bore barrel
by a single function of the trigger.
Any fused, timed or nonmanually controlled trap or device
designed or adapted to set off an explosion for the purpose of inflicting
serious physical injury or death.
Any knife which has a blade that folds or closes into the
handle or sheath, and;
[Ord. No. 821, §2]
(a)
A person commits the crime of unlawful use of weapons if he knowingly:
(1)
Carries concealed upon or about his person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use including, but not limited to those weapons defined in Section 15-44.1; or
(2)
Sets a spring gun; or
(3)
Discharges or shoots a firearm or projectile weapon into a dwelling
house, railroad train, boat, aircraft or motor vehicle, as defined
in Section 302.010 of the Revised Statutes of Missouri, or any building
or structure used for the assembling of people; or
(4)
Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner, including, but not limited to the weapons defined in Section 15-44.1 herein; or
(5)
Possesses or discharges a firearm weapon while intoxicated;
or
(6)
Discharges a firearm or projectile weapon within one hundred
(100) yards of any occupied schoolhouse, courthouse or church building;
or
(7)
Discharges or shoots a firearm or projectile weapon at a mark,
at any object or at random on, along or across a public highway or
discharges or shoots a firearm or projectile weapon into any outbuilding;
or
(8)
Carries a firearm or any other weapon readily capable of lethal
use into any church or place where people have assembled for worship,
or into any school, or into any election precinct on any election
day, or into any building owned or occupied by any agency of the Federal
Government, State Government or political subdivision thereof, or
into any public assemblage of persons met for any lawful purpose;
or
(9)
Discharges or shoots a firearm or projectile weapon.
(b)
Paragraphs (1), (3), (4), (6), (7), (8), and (9), of subsection (a) of this section shall not apply to or affect any of the following:
(1)
All state, county and municipal law enforcement officers possessing
the duty and power of arrest for violation of the general criminal
laws of the state or for violation of ordinances of counties or municipalities
of the state, except that such firearm may be discharged only in the
line of duty, or any person summoned by such officer to assist in
making arrests or preserving the peace, while actually engaged in
assisting such officer;
(2)
Wardens, superintendents and keepers of prisons, penitentiaries,
jails and other institutions for the detention of persons accused
or convicted of crimes, while performing their official duty;
(3)
Members of the armed forces or National Guard while performing
their official duty;
(4)
Those persons vested by Article V, Section 1 of the Constitution
of Missouri with the judicial power of the State; or
(5)
Any person whose bona fide duty is to execute process, civil
or criminal.
(c)
Paragraphs (1), (5) and (8) of subsection (a) of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state, when ammunition is not readily accessible or when such weapons are not readily accessible. Paragraph (1) of subsection (a) of this section does not apply when the actor is also in possession of an exposed firearm or projectile weapon in his dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceable through the state.
[Ord. No. 1726 §1, 10-21-2003]
(a)
No person who has been issued a concealed carry endorsement by the
Missouri Director of Revenue under Sections 571.101 to 571.121, RSMo.,
or who has been issued a valid permit or endorsement to carry concealed
firearms issued by another State or political subdivision of another
State shall, by authority of that endorsement or permit, be allowed
to carry a concealed firearm or to openly carry a firearm in any building
or portion of a building owned, leased or controlled by the City of
Eureka.
(b)
No person shall carry a concealed firearm into any Police facility
or Police station without the consent of the Chief Law Enforcement
Officer in charge of that office which shall be identified as the
Chief of Police of the City of Eureka or his designee. Possession
of a firearm in a vehicle on the premises of the Police station shall
not be a criminal offense so long as the firearm is not removed from
the vehicle or brandished while the vehicle is on the premises. No
person shall carry concealed firearms at any meeting of the City Council.
Possession of a firearm in a vehicle on the premises of City-owned
property shall not be a criminal offense so long as the firearm is
not removed from the vehicle or brandished while the vehicle is on
the premises.
(c)
This Section shall not apply to buildings used for public housing
by private persons, highways or rest areas, firing ranges or private
dwellings owned, leased or controlled by the City.
(d)
No City employee, except Police Officers, shall carry any weapon
on City property or in any City vehicle.
(e)
Signs shall be posted at each entrance of any building entirely owned,
leased or controlled by the City stating that carrying of firearms
is prohibited. Where the City owns, leases or controls only a portion
of a building, signs shall be posted at each entrance to that portion
of the building stating that carrying of a firearm is prohibited.
(f)
No person who has been issued a certificate of qualification, which
allows that person to carry a concealed firearm before the Director
of Revenue begins issuing concealed carry endorsements in July of
2004, shall be authorized by that certificate or be allowed to carry
a concealed firearm or to openly carry a firearm in any building or
portion of a building owned, leased or controlled by the City of Eureka.
(g)
Carrying of a concealed weapon in a location prohibited by this Section
by any individual who holds a concealed carry endorsement shall not
be a criminal act but may be denied entrance to the building or ordered
removed from the building. If such a person refuses to leave the premises
and a Police Officer is summoned, such person maybe issued a citation
for an amount not to exceed one hundred dollars ($100.00) for the
first (1st) offense. If a second (2nd) citation for a similar violation
occurs within a six (6) month period, such person shall be fined an
amount not to exceed two hundred dollars ($200.00). If a third (3rd)
citation for a similar violation occurs within one (1) year of the
first (1st) citation, such person shall be fined an amount not to
exceed five hundred dollars ($500.00). Upon sustaining the charge
arising from a citation issued pursuant to this Subsection, the court
shall notify the Sheriff and/or St. Louis County or the Sheriff that
issued the certificate of qualification for a concealed weapon endorsement
and the Department of Revenue of the State of Missouri.
[1]
State Law Reference — The provisions of L. 2003 H.B.
et al, §571.094, were actually codified as §§571.101
to 571.121, RSMo., as amended.
[Ord. No. 1271 §1, 1-7-1997]
(a)
A person commits the crime of tampering if:
(1)
For the purpose of causing a substantial interruption or impairment
of a service rendered to the public by a utility or by an institution
providing health or safety protection, he damages or tampers with
property or facilities of such a utility or institution, and thereby
causes substantial interruption or impairment of service.
(2)
He knowingly receives, possesses, sells, alters, defaces, destroys
or unlawfully operates an automobile, airplane, motorcycle, motorboat
or other motor-propelled vehicle without the consent of the owner
thereof.
(3)
Tampers with property of another for the purpose of causing
substantial inconvenience to that person or to another.
(4)
Unlawfully rides in or upon another's automobile, airplane,
motorcycle, motorboat or other motor-propelled vehicle.
(5)
Tampers or makes connection with property of a utility.
(6)
Tampers with, or causes to be tampered with, any meter or other
property of an electric, gas, steam, water or cable television utility,
the effect of which tampering is either:
(b)
In any prosecution under Subparagraph (a)(6) of this Section, 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, water or cable television service,
with one (1) or more of the effects described in Subparagraph (a)(6)
of this Section, shall be sufficient to support an inference which
the municipal 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 used or received the direct
benefit of the electric, gas, steam, water or cable television service.
[Ord. No. 243, §37]
No person in the city shall look, peer or peep into any window
of a hotel, motel, lodging house or private residence not on his own
property; nor shall any person in the city loiter around or in view
of any such window not on his own property with the intent of watching
or looking through such window.
[Ord. No. 333, §1; Ord. No. 683, §1]
(a)
It is unlawful for any person to manufacture, possess, have under
his control, sell, prescribe, administer, dispense, distribute or
compound any controlled or counterfeit substance, except as authorized
in sections 195.010 to 195.320 of the Revised Statutes of Missouri.
(b)
It is unlawful for any person to use, or to 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 or an imitation
controlled substance in violation of chapter 195 of the Revised Statutes
of Missouri.
(c)
It is unlawful for any person to 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 or an imitation
controlled substance in violation of chapter 195 of the Revised Statutes
of Missouri.
(d)
It is unlawful for any person to place in any newspaper, magazine,
handbill or other publication any advertisement, knowing, or under
circumstances where one reasonably should know, that the purposes
of the advertisement, in whole or in part, is to promise the sale
of objects designed or intended for use as drug paraphernalia.
(e)
It is unlawful for any person to use, or to possess with intent to
use, an imitation controlled substance in violation of chapter 195
of the Revised Statutes of Missouri.
(f)
It is unlawful for any person to deliver, possess with intent to
deliver, manufacture with intent to deliver or cause to be delivered
any imitation controlled substance.
(g)
It is unlawful for any person to place in any newspaper, magazine,
handbill or other publication, or to post or distribute in any public
place, any advertisement or solicitation with reasonable knowledge
that the purpose of the advertisement or solicitation is to promote
the distribution of any imitation controlled substance.
(h)
All of the above described activities shall be unlawful and prohibited,
except as authorized by the laws of the state or the laws of the United
States.
(i)
It is hereby made the duty of all peace officers of the city and
the city attorney to enforce all provisions of this section and to
cooperate with all agencies charged with the enforcement of the laws
of the United States, the state and the city relating to narcotic
and controlled substances.
[Ord. No. 2112 §1, 2-16-2010]
It shall be illegal to sell, deliver or distribute ephedrine,
pseudoephedrine, their salts, their optical isomers or salts of their
optical isomers without a valid prescription written by a Missouri
licensed physician and filled by a Missouri licensed pharmacist. The
controls on these drugs shall not prohibit individual healthcare practitioners
from issuing orders in their professional practices and licensed healthcare
facilities.
[Ord. No. 777, §1]
(1)
Any vehicle, vessel or aircraft which has been used, or is being
used in violation of any provision of section 195.025, shall be forfeited
to the State of Missouri and any peace officer of the City of Eureka,
upon making or attempting to make an arrest for a violation of this
law, shall seize any such vehicle, vessel or aircraft. The officer
seizing the vehicle, vessel or aircraft shall commence an action in
the circuit court of the county in which the property is seized by
filing a petition in the office of the clerk of the court in the name
of the State of Missouri as plaintiff against the person from whom
the vehicle, vessel or aircraft was seized as defendant, and there
is a rebuttable presumption that the vehicle, vessel or aircraft is
the property of the defendant from whom it was seized. The petition
shall describe the property seized and the circumstances of the seizure
and shall pray the court to make an order, declaring the vehicle,
vessel or aircraft to be a common nuisance and directing the seizing
officer to sell the property at public or private sale, subject to
the approval of the judge of the court. A summons shall be issued
and process served on the defendant as in other civil suits. The defendant
shall file his answer within thirty days after service of process
upon him, whether such service is personal service, service by mail,
or service by publication. After defendant's time for filing answer
has expired, the court shall fix a day for hearing and the action
shall be heard by the court without a jury and shall be conducted,
except as otherwise provided in this law, as other cases under the
code of civil procedure of the State of Missouri.
(2)
In addition to any other process provided by the civil code, the
clerk of the circuit court shall cause to be published one time in
some newspaper having a general circulation in the county where the
action is pending, or if there is no newspaper of general circulation
in the county, then in some newspaper of an adjoining county, a notice
to all persons whom it may concern, that the petition has been filed
in court, briefly describing the vehicle, vessel, or aircraft seized,
the time and circumstances of the seizure, the person from whom seized,
and stating that any person claiming any interest in the property
may, upon his own request, be made a party to the action and assert
any claim he may have thereto within thirty days after the publication
of the notice.
(3)
Any person claiming any interest in the vehicle, vessel or aircraft
may intervene in the action within thirty days after the publication
of notice setting forth any claim he may have to the property.
(4)
The court shall render such judgment as to it seems meet and just,
and if it appears that any person who has made claim to the vehicle,
vessel or aircraft is the owner thereof and was ignorant of the illegal
use thereof and the illegal use was without his connivance or consent,
express or implied, or if the court finds that the property was not
being illegally used at the time of seizure, the court shall relieve
the property from forfeiture and restore it to the rightful owner,
or if it appears that the claimant is the holder of a bona fide lien
against the property, and that he was ignorant of the illegal use
thereof, the court shall, if the lien so established is equal to or
more than the value of the vehicle, vessel or aircraft, order the
property to be delivered to the lienor. Or, if the vehicle, vessel
or aircraft is valued at more than the established lien and all costs
of proceedings and sale, an order shall be made for the sale of the
property by the seizing officer at public or private sale, subject
to the approval of the court, and out of the proceeds of the sale
shall be paid storage, if any, the lien, the cost of the proceedings,
and the residue, if any, shall be paid into the general revenue fund
of the State of Missouri. If it is determined that no person, other
than the defendant, has any interest in the property or that the person
or persons having any interest in the property knew of or connived
or gave consent, express or implied, to the illegal use thereof, and
if it is found by the court that the material allegations of the petition
are true, the vehicle, vessel or aircraft shall be declared to be
forfeited to the State of Missouri, and the court shall order the
officer who seized the property to sell the property at public or
private sale, subject to the approval of the court, and out of the
proceeds of the sale shall be paid the cost of storage, if any, the
cost of the proceedings of the case, and the balance thereof shall
be paid into the general revenue fund of the State of Missouri.
(5)
Officers who make seizures of vehicles, vessels or aircraft, as described
herein, are authorized to call upon the prosecuting attorneys of the
respective counties and the circuit attorney of the city of St. Louis
and the attorney general of the State of Missouri to represent them
in the proceedings contemplated by this section, and thereafter it
is the duty of such prosecuting or circuit attorney or the attorney
general to proceed on behalf of the officer making the call according
to the provisions of this section.
(6)
Appeals shall be allowed from the judgment of the court as in other
civil actions.
(7)
Under no circumstances shall the officer commencing the action on
behalf of the state be liable for any costs or storage.
(8)
Nothing contained in this section shall be deemed to relieve anyone
of the criminal liabilities imposed by this law.
(9)
The provisions of this section shall not operate to destroy any valid
lien or any rights under any security agreement or title retention
contract when the holder thereof is an innocent party.
[Ord. No. 794 §§1 — 2; Ord.
No. 1158 §§1 — 2, 4-18-1995; Ord. No. 1753 §1, 4-6-2004]
For purposes of this Section, roadway shall be defined as that
portion of a highway or vehicular thoroughfare, typically delineated
by curbing, painted boundary lines or the edge of pavement.
No person shall stand in a roadway for the purpose of soliciting
a ride, employment or business from the occupant of any vehicle.
[1]
Editor's Note — Ord. no. 2170 §1, adopted May 3,
2011, repealed section 15-49.1 "regulating sales and solicitations
along roadways" in its entirety. Former section 15-49.1 derived from
ord. no. 1753 §1, 4-6-2004. This section has been reserved for
the city's future use.
[Ord. No. 830, §1]
(a)
A person commits the crime of harassment if for the purpose of frightening
or disturbing another person, such person,
[Ord. No. 841, §1]
(a)
Unless the ordinances authorizing seizure provide otherwise, property
which comes into the custody of an officer or of the Municipal Court
as the result of any seizure and which has not been returned to the
Claimant shall be disposed of as follows:
(1)
Stolen property or property acquired in any other manner declared
an offense by the Code of the City of Eureka, but not including any
other property referred to in Subsection (b) of this Section shall
be delivered by order of Court upon claim having been made and established,
to the person who is entitled to possession.
(2)
The claim shall be made by written motion filed with the Court
with which a Motion to Suppress has been, or may be filed. The claim
shall be barred if not made within one (1) year from the date of the
seizure.
(3)
Upon the filing of such motion, the Judge shall order notice
to be given to all persons interested in the property, including other
claimants and the person in whose possession the property was seized,
of the time, place and nature of the hearing to be held on the motion.
The notice shall be given in a manner reasonably calculated to reach
the attention of all interested persons. Notice may be given to unknown
persons and to persons whose address is unknown by publication in
a newspaper of general circulation in the county. No property shall
be delivered to any claimant unless all interested persons have been
given a reasonable opportunity to appear and to be heard.
(4)
After a hearing, the Judge shall order the property delivered
to the person or persons entitled to possession, if any. The Judge
may direct that delivery of property required as evidence in a criminal
proceeding shall be postponed until the need no longer exists.
(5)
If the property is not claimed within one (1) year from the
date of the seizure or if no one establishes a right to it, the Judge
authorized to order a delivery shall, upon motion of the officer having
custody of the property, or upon his own motion, order a public sale
of the property. The proceeds of the sale, less necessary expenses
of preservation and sale, shall be paid into the City's treasury for
the use of the City. If the property is not salable, the Judge may
order its destruction.
(6)
If the property is a living animal or is perishable, the Judge
may, at any time, order it sold at public sale. The proceeds shall
be held in lieu of the property. A written description of the property
sold shall be filed with the Judge making the order of sale so that
the claimant may identify the property. If the proceeds are not claimed
within the time limit for the claim for the property, the proceeds
shall be paid into the City treasury. If the property is not salable,
the Judge may order its destruction.
(b)
(1)
Property, the possession of which is an offense under the laws
of this City or which has been used by the owner, or used with his
acquiescence or consent, as a raw material or as an instrument to
manufacture or produce anything the possession of which is an offense
under the laws of this City, or which any law authorizes or directs
to be seized, other than lawfully possessed weapons seized by an officer
incident to an arrest, shall be forfeited to the City of Eureka.
(2)
The officer who has custody of the property shall inform the
Prosecuting Attorney of the fact of seizure and of the nature of the
property. The Prosecuting Attorney shall thereupon file a written
motion with the Court with which the Motion to Suppress has been,
or may be filed praying for an order directing the forfeiture of the
property. A motion may also be filed by any person claiming the right
to possession of the property praying that the Court declare the property
not subject to forfeiture and order to delivered to the moving party.
(3)
Upon the filing of a motion either by the Prosecuting Attorney
or by a Claimant, the Judge shall order notice to be given to all
persons interested in the property, including the person out of whose
possession the property was seized and any lienors, of the time, place
and nature of the hearing to be held on the motion. The notice shall
be given in a manner reasonably calculated to reach the attention
of all interested persons. Notice may be given to unknown persons
and to persons of unknown address by publication in a newspaper of
general circulation in the City. Every interested person shall be
given a reasonable opportunity to appear and to be heard as to the
nature of his claim to the property and upon the issue of whether
or not it is subject to forfeiture.
(4)
If the evidence is clear and convincing that the property in
issue is in fact of a kind subject to forfeiture under this Subsection,
the Judge shall declare it forfeited and order its destruction or
sale. The Judge shall direct that the destruction or sale of property
needed as evidence in a criminal proceeding shall be postponed until
this need no longer exists.
(5)
If the forfeited property can be put to a lawful use, it may
be ordered sold after any alterations which are necessary to adapt
it to a lawful use, had been made. If there is a holder of a bona
fide lien against property which has been used as a means for committing
an offense or which has been used as a raw material or as an instrument
to manufacture or produce anything which is an offense to possess,
who establishes that the use was without his acquiescence or consent,
the proceeds, less necessary expenses of preservation and sale, shall
be paid to him in the amount of his lien. The remaining amount shall
be paid into the City treasury.
(6)
If the property is perishable the Judge may order it sold at
a public sale or destroyed, as may be appropriate, prior to a hearing.
The proceeds of a sale, less necessary expenses of preservation and
sale, shall be held in lieu of the property.
(c)
An appeal by any party shall be allowed from the judgement of the
Court as in other civil actions.
[Ord. No. 1013 §1, 2-4-1992; Ord. No. 2727, 7-18-2023]
It shall be unlawful to engage in any activity other than tennis,
pickleball or other City authorized program or activity on any public
tennis court.
[Ord. No. 1033 §1, 8-18-1992]
(a)
OTHER PERSON IN CHARGE
PROPRIETOR
PUBLIC MEETING
PUBLIC PROPERTY
SMOKING
The agent of the proprietor authorized to give administrative
directions to and general supervision of the activities within the
public place, work place or public meeting at a given time.
The party who ultimately controls, governs or directs the
activities within the public place, work place or public meeting,
regardless of whether he is the owner or lessor of such site or place.
The term does not mean the owner of the property unless he ultimately
controls, governs or directs the activities within the public place
or public meeting.
A gathering in person of members of a governmental body,
whether an open or closed session, as defined in Chapter 610, RSMo.
Any real or personal property which is owned, leased or otherwise
under the custody and control of a governmental body, including all
City of Eureka buildings and vehicles.
Possession of burning tobacco in the form of a cigarette,
cigar, pipe or other smoking material.
(b)
It shall be unlawful for any person to smoke in a public meeting
or while on or in any public property, except in a designated smoking
area.
(c)
A smoking area may be designated by persons having custody or control
of public property, except in places in which smoking is prohibited
by the fire marshall or by other law, ordinance or regulation.
(d)
No public property or public meeting shall have more than thirty
percent (30%) of its entire space designated as a smoking area.
(e)
A designated smoking area where city employees may smoke during the
work day shall be provided by each department within the confines
of each city facility.
(f)
The following persons shall be guilty of a violation of this section
and subject to the penalties provided herein:
(g)
The penalty for violation of any provision of this section shall
be a fine of twenty-five dollars ($25.00) for the first offense, one
hundred dollars ($100.00) for the second offense and two hundred fifty
dollars ($250.00) for the third or any subsequent offense.
[Ord. No. 1033 §2, 8-18-1992; Ord. No. 1554 §1, 9-4-2001; Ord.
No. 1599 §1, 3-5-2002]
(a)
DISTRIBUTE
MINOR
PERSON
PROOF OF AGE
ROLLING PAPERS
SAMPLE
SAMPLING
TOBACCO PRODUCTS
VENDING MACHINE
A conveyance to the public by sale, barter, gift or sample.
A person under the age of eighteen (18) years of age.
An individual, partnership, co-partnership, firm, company,
public or private corporation, association, joint stock company, trust,
estate, political subdivision or any agency, board, department or
bureau of the local, State or Federal Government, or any other legal
entity which is recognized by law as the subject of rights and duties.
A driver's license or other generally accepted means of identification
that contains a picture of the individual and appears on its face
to be valid.
Paper designed, manufactured, marketed or sold for use primarily
as a wrapping or enclosure for tobacco, which enables a person to
roll loose tobacco into a smokable cigarette.
A tobacco product distributed to members of the general public
at no cost or at nominal cost for product promotional purposes.
The distribution to members of the general public of tobacco
product samples.
Any substance containing tobacco leaf including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco
or dipping tobacco.
Any mechanical, electric or electronic, self-service device
which, upon insertion of money, tokens, or other form of payment,
dispenses tobacco products.
(b)
It shall be unlawful for any person to sell, provide or distribute
tobacco products or rolling papers to persons under eighteen (18)
years of age. 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 the State of Missouri or City of Eureka,
unless the product is distributed by a family member on property not
open to the public. Internet and mail sales of tobacco products to
any person who is less than eighteen (18) years of age is prohibited.
(c)
No person less than eighteen (18) years of age shall purchase, attempt
to purchase or possess cigarettes or other tobacco products, unless
the product is distributed by a family member on property not open
to the public and the product is possessed on the property where the
product was distributed by the family member or 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 Missouri Division of Liquor Control or the City
of Eureka Police Department for enforcement purposes. Minors will
have their tobacco products confiscated. Purchasers of tobacco products
are required to present prescribed identification, upon request, to
demonstrate age.
(d)
The owner of any business at which tobacco products or rolling papers
are sold at retail shall cause to be prominently displayed in a conspicuous
place at every display from which tobacco products are sold and purchased
a sign that shall:
(1)
Contain in red lettering at least one-half (½) inch high
on a white background the following: "It is a violation of State and
City law for cigarettes or other tobacco products to be sold or otherwise
provided to any person under the age of eighteen (18) or for such
person to purchase, attempt to purchase or possess cigarettes or other
tobacco products"; and
(2)
Include a depiction of a pack of cigarettes at least two (2)
inches high defaced by a red diagonal diameter of a surrounding red
circle and the words "Under 18".
(e)
The owner of any business on which the required signs are not posted
shall be guilty of a violation of this Section and subject to the
penalties provided herein.
(f)
No person or entity shall sell individual packs of cigarettes or
smokeless tobacco products unless it is displayed behind the check-out
counter or it is within the unobstructed line of sight of the sales
clerk or store attendant from the check-out counter.
(g)
A person or entity selling tobacco products or rolling papers or
distributing tobacco product samples shall require proof of age from
a prospective purchaser or recipient if an ordinary person would conclude
on the basis of appearance that such prospective purchaser or recipient
may be under the age of eighteen (18).
(h)
The operator's or chauffeur's license issued pursuant to the provisions
of Section 302.177, RSMo., or the operator's or chauffeur's license
issued pursuant to the laws of any state or possession of the United
States to residents of those States or possessions, or an identification
card as provided for in Section 302.181, RSMo., or the identification
card issued by any uniformed service of the United States, or a valid
passport shall be presented by the holder thereof upon request of
any agent of the Missouri Division of Liquor Control, City of Eureka
Police Officer, or any owner or employee of an establishment that
sells tobacco for the purpose of aiding the registrant, agent or employee
to determine whether or not the person is at least eighteen (18) years
of age when such person desires to purchase or possess tobacco products
procured from a registrant. Upon such presentation, the owner or employee
of the establishment shall compare the photograph and physical characteristics
noted on the license, identification card or passport with the physical
characteristics of the person presenting the license, identification
card or passport.
(i)
Any person who shall, without authorization from the Department of
Revenue, reproduce, alter, modify or misrepresent any chauffeur's
license, motor vehicle operator's license or identification card shall
be deemed guilty of a class A misdemeanor.
(j)
Reasonable reliance on false proof of age shall be a defense against
an alleged violation of this Section. The appearance of the purchaser
shall not be a defense to any alleged violation of this Section.
(k)
If a sale is made by an employee of the owner of an establishment
in violation of this Section, the employee shall be guilty of an offense
of this Section and subject to the penalties provided herein. If a
sample is distributed by an employee of a company conducting the sampling,
such employee shall be guilty of an offense of this Section and subject
to the penalties provided herein.
(l)
The penalty for violation of any provision of this Section shall
be a fine of twenty-five dollars ($25.00) for the first (1st) offense,
one hundred dollars ($100.00) for the second (2nd) offense and two
hundred fifty dollars ($250.00) for the third (3rd) and any subsequent
offense.
[Ord. No. 1227 §1, 5-21-1996]
(a)
Definitions contained in Section 15-31.1(a) shall be applicable to
this Section.
(b)
No vending machine may be installed for purposes of dispensing tobacco
products after May 21, 1996. No vending machine in operation which
does not dispense tobacco products as of May 21, 1996 may do so.
(c)
A vending machine which dispenses tobacco products within the City
as of May 21, 1996, may continue such legally non-conforming operation
through May 21, 1998, at which time all vending machine tobacco sales
within the City shall cease.
(d)
A legally non-conforming vending machine which dispenses tobacco
products must be located in a conspicuous location readily visible
by an owner or employee on the premises containing same.
(e)
A vending machine shall lose its legal non-conforming status if it
is removed from the premises in which it was located May 21, 1996.
If a legally non-conforming vending machine dispensing tobacco products
shall discontinue doing so for any period of time prior to May 21,
1998, such legal non-conforming status shall expire and such use may
not resume.
[Ord. No. 1778 §1, 8-17-2004]
No person shall smoke or otherwise use tobacco or tobacco products
in any indoor area of a public elementary or secondary school building
or educational facility, excluding institutions of higher education,
or on buses used solely to transport students to or from school or
to transport students to or from any place for educational purposes.
Any school board of any school district may set policy on the permissible
uses of tobacco products in any other non-classroom or non-student
occupant facility and on the school grounds or outdoor facility areas
as the school board deems proper.
[Ord. No. 2297 §1, 4-15-2014]
(a)
VAPORIZING PRODUCTS
(1)
(2)
a.
b.
c.
d.
e.
f.
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Electronic devices which employ a battery to power a heating
chamber that converts a liquid solution containing tobacco-derived
nicotine, through a non-combustive process, into a vapor or vapor-like
mist. The definition includes electronic cigarettes, electronic cigars,
electronic cigarillos and electronic pipes, which are personal vaporizing
products on which users inhale through a mouthpiece.
Vaporizing products are not:
Cigarettes, as defined in 18 U.S.C. § 2341;
A product that is a drug, as described in 21 U.S.C. § 321(g)(1);
A product that is a device, as described in 21 U.S.C. § 321(h);
A combination product, as described in 21 U.S.C. § 353(g);
A tobacco product, as described in 21 U.S.C. § 387(a);
or
Modified risk tobacco products, as described in 21 U.S.C. § 387(k).
(b)
Distribution of vaporizing products to or possession by persons under
eighteen (18) years of age is prohibited.
(1)
A person, either directly or indirectly by an agent or employee,
or by a vending machine owned by the person or located in the person's
establishment, may not sell, offer for sale, give, or furnish any
vaporizing product or any component to a person under eighteen (18)
years of age.
(2)
Before selling, offering for sale, giving, or furnishing any
vaporizing product, or any cartridge or component of any vaporizing
product, to another person, the person selling, offering for sale,
giving or furnishing the vaporizing product shall verify that the
person is at least eighteen (18) years of age by:
a.
Examining from any person that appears to be under twenty-seven
(27) years of age a government-issued photographic identification
that establishes the person is at least eighteen (18) years of age;
or
b.
For sales made through the Internet or other remote sales methods,
performing an age verification through an independent, third-party
age verification service that compares information available from
public records to the personal information entered by the person during
the ordering process that establishes the person is eighteen (18)
years of age or older.
(3)
No minor under eighteen (18) years of age shall possess, purchase
or attempt to purchase any vaporizing product.
a.
In the furtherance or facilitation of obtaining any vaporizing
product, no minor shall display or use a false or forged identification
card or transfer, alter, or deface an identification card.
b.
It is not a violation of these provisions for a person under
eighteen (18) years of age to purchase or possess a vaporizing product
if the person under the age of eighteen (18) purchases or is given
the vaporizing product from a retail seller of vaporizing products
or an employee of the retail seller pursuant to a plan or action to
investigate, patrol, or otherwise conduct a sting operation or enforcement
action against a retail seller of vaporizing products or on any premises
authorized to sell vaporizing products to determine if vaporizing
products are being sold or given to persons under eighteen (18) years
of age if the sting operation or enforcement action is approved by
the State of Missouri, St. Louis County or City of Eureka.
(c)
Use; Where Prohibited.
(1)
The use of vaporizing devices shall be prohibited where tobacco
products and smoking are prohibited.
(d)
Penalties.
(2)
If a minor sixteen (16) years of age or younger violates Subsection (3) of Subsection (b) or Subsection (c), he or she is guilty of an offense and the court may impose a sentence of four (4) hours of community service, a fine of twenty-five dollars ($25.00) plus court costs and/or completion of a diversion program for a first violation.
(3)
A second violation by a minor sixteen (16) years of age or younger of Subsection (3) of Subsection (b) or Subsection (c) that occurs within twelve (12) months after the first violation is punishable by eight (8) hours of community service, a fine of fifty dollars ($50.00) plus court costs and/or completion of a diversion program.
(4)
A third or subsequent violation by a minor sixteen (16) years of age or younger of Subsection (3) of Subsection (b) or Subsection (c) that occurs within twelve (12) months after the first violation is punishable by a fine of one hundred dollars ($100.00) and court costs, twelve (12) hours of community service and/or completion of a diversion program.
[Ord. No. 1168 §1, 5-16-1995]
(a)
It shall be unlawful for any person, company, contractor, subcontractor
or their agents or assigns to cause dirt, mud or any other foreign
material or matter to be deposited upon any roadway located within
the City.
(b)
In the event that such activity intentionally or unintentionally
occurs, the responsible parties or their designees shall immediately
remove same, restoring the roadway to its previous condition.
(c)
If after serving notice to the appropriate parties, the subject roadway
is not cleaned to acceptable standards within a reasonable period
of time as determined by the City, the City may remove the material
from the roadway or engage a third party to do same.
(d)
The City shall be reimbursed by the owner or authorized developer
for any outstanding fees incurred associated with said City or third
party removal. An occupancy permit will not be granted until after
such time that the City receives all amounts owed for these services.
