[R.O. 2007 § 210.005; Ord. No. 3463 § 1, 6-28-2001; Ord.
No. 3955 § 1, 12-18-2003; Ord. No. 6225 § 1, 9-25-2014; Ord. No. 6579 § 1, 7-28-2016[1]]
In this Chapter, unless the context
requires a different definition, the following definitions shall apply:
Any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. "Alternative nicotine product" does not include any vapor product, tobacco product or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.[2]
Any living vertebrate except human.
[Ord. No. 6599 § 1, 8-25-2016]
To take, obtain, use, transfer, conceal, retain or dispose.
A person is in confinement when such
person is held in a place of confinement pursuant to arrest or order
of a court, and remains in confinement until:
A person is not in confinement if:
The person is on probation or parole,
temporary or otherwise; or
The person is under sentence to serve
a term of confinement which is not continuous, or is serving a sentence
under a work-release program, and in either such case is not being
held in a place of confinement or is not being held under guard by
a person having the legal power and duty to transport the person to
or from a place of confinement.
Consent or lack of consent may be expressed or implied. Assent
does not constitute consent if:
It is given by a person who lacks
the mental capacity to authorize the conduct charged to constitute
the offense and such mental incapacity is manifest or known to the
actor; or
It is given by a person who by reason
of youth, mental disease or defect, intoxication, a drug-induced state,
or any other reason is manifestly unable or known by the actor to
be unable to make a reasonable judgment as to the nature or harmfulness
of the conduct charged to constitute the offense; or
It is induced by force, duress or
deception.
A drug, substance, or immediate precursor in Schedules I
through V as defined in Chapter 195, RSMo.
Failure to be aware of a substantial and unjustifiable risk
that circumstances exist or a result will follow, and such failure
constitutes a gross deviation from the standard of care which a reasonable
person would exercise in the situation.
A person is in custody when he or she has been arrested but
has not been delivered to a place of confinement.
Making a representation which is false and which the actor
does not believe to be true and upon which the victim relies, as to
a matter of fact, law, value, intention or other state of mind, or
concealing a material fact as to the terms of a contract or agreement.
The term "deceit" does not, however, include falsity as to matters
having no pecuniary significance, or puffing by statements unlikely
to deceive ordinary persons in the group addressed. Deception as to
the actor's intention to perform a promise shall not be inferred from
the fact alone that he/she did not subsequently perform the promise.
A mental, physical, or developmental impairment that substantially
limits one (1) or more major life activities or the ability to provide
adequately for one's care or protection, whether the impairment is
congenital or acquired by accident, injury or disease, where such
impairment is verified by medical findings.
A conveyance to the public by sale, barter, gift or sample.
A person sixty (60) years of age or older.
Something markedly greater than the level of uneasiness,
nervousness, unhappiness, or the like which are commonly experienced
in day-to-day living.
An offense so designated or an offense for which persons
found guilty thereof may be sentenced to death or imprisonment for
a term of more than one (1) year.
Any weapon that is designed or adapted to expel a projectile
by the action of an explosive.
Either:
Non-transparent clothing or other similar object or substance.
This term does not include body paint, body dyes, tattoos, liquid
latex, whether wet or dried, and other similar substances.
[Ord. No. 6599 § 1, 8-25-2016]
A violation defined by Chapter 556, RSMo., or by any other
statute of the State of Missouri if it is so designated or if no sentence
other than a fine, or fine and forfeiture or other civil penalty,
is authorized upon conviction.
A vehicle, vessel or structure:
Where any person lives or carries
on business or other calling;
Where people assemble for purposes
of business, government, education, religion, entertainment, or public
transportation;
Which is used for overnight accommodation
of persons.
|
Any such vehicle, vessel, or structure
is inhabitable regardless of whether a person is actually present.
If a building or structure is divided into separately occupied units,
any unit not occupied by the actor is an inhabitable structure of
another.
|
An interactive computer service or system or an information
service, system, or access software provider that provides or enables
computer access by multiple users to a computer server, and includes,
but is not limited to, an information service, system, or access software
provider that provides access to a network system commonly known as
the internet, or any comparable system or service and also includes,
but is not limited to, a worldwide web page, newsgroup, message board,
mailing list, or chat area on any interactive computer service or
system or other online service.
When used with respect to:
Any public servant having both the power and duty to make
arrests for violations of the laws of this State, and Federal Law
Enforcement Officers authorized to carry firearms and to make arrests
for violations of the laws of the United States.
Anything used by a person as a means to uniquely distinguish
himself or herself.
An offense so designated or an offense for which persons
found guilty thereof may be sentenced to imprisonment for a term of
which the maximum is one (1) year or less.
The showing of the human genitals, pubic area, vulva, anus,
anal cleft, or the female breast with less than a fully opaque covering
of any part of the nipple or areola.
[Ord. No. 6599 § 1, 8-25-2016]
Property that any entity, including but not limited to any
natural person, corporation, limited-liability company, partnership,
association, governmental subdivision or instrumentality, other than
the actor, has a possessory or proprietary interest therein, except
that property shall not be deemed property of another who has only
a security interest therein, even if legal title is in the creditor
pursuant to a conditional sales contract or other security arrangement.
Any felony, misdemeanor, or ordinance violation.
An individual, partnership, copartnership, firm, company,
public or private corporation, association, joint-stock company, trust,
estate, political subdivision or any agency, board, department or
bureau of the State or Federal government, or any other legal entity
which is recognized by law as the subject of rights and duties.
Slight impairment of any function of the body or temporary
loss of use of any part of the body.
Any building or facility and the grounds thereof wherein
a court is legally authorized to order that a person charged with
or convicted of a crime be held.
Having actual or constructive possession of an object with
knowledge of its presence. A person has actual possession if such
person has the object on his or her person or within easy reach and
convenient control. A person has constructive possession if such person
has the power and the intention at a given time to exercise dominion
or control over the object either directly or through another person
or persons. Possession may also be sole or joint. If one (1) person
alone has possession of an object, possession is sole. If two (2)
or more persons share possession of an object, possession is joint.
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 physical injury or death by striking or
piercing a person.
A generally accepted means of identification that contains
a picture of the individual and appears on its face to be valid, including,
but not limited to, the following: a valid and unexpired operator's
or chauffeur's license issued under the provisions of Section 302.177,
RSMo., or a valid and unexpired operator's or chauffeur's license
issued under the laws of any State or territory of the United States
to residents of those States or territories, or a valid and unexpired
identification card as provided for under Section 302.181, RSMo.,
or a valid and unexpired identification card issued by any uniformed
service of the United States, or a valid and unexpired passport.
Anything of value, whether real or personal, tangible or
intangible, in possession or in action.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways,
schools, restaurants and bars, hospitals, apartment houses, office
buildings, transport facilities, and retail shops. A public place
does not include any place where persons appearing in a state of semi-nudity
do so in a modeling class operated:
[Ord. No. 6599 § 1, 8-25-2016]
By a college, junior college, or
university supported entirely or partly by taxation;
By a private college or university
which maintains and operates educational programs in which credits
are transferable to a college, junior college, or university supported
entirely or partly by taxation; or
Any person employed in any way by a government of this State
who is compensated by the government by reason of such person's employment,
any person appointed to a position with any government of this State,
or any person elected to a position with any government of this State.
It includes, but is not limited to, legislators, jurors, members of
the judiciary and Law Enforcement Officers. It does not include witnesses.
When used with respect to a person's conduct or to a result
thereof, means when it is his or her conscious object to engage in
that conduct or to cause that result.
Consciously disregarding a substantial and unjustifiable
risk that circumstances exist or that a result will follow, and such
disregard constitutes a gross deviation from the standard of care
which a reasonable person would exercise in the situation.
A tobacco product, alternative nicotine product or vapor
product distributed to members of the general public at no cost or
at nominal cost for product promotional purposes.
The showing of the female breast below a horizontal line
across the top of the areola and extending across the width of the
breast at such point, or the showing of the male or female buttocks.
Such definition includes the lower portion of the human female breast,
but shall not include any portion of the cleavage of the female breasts
exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing
apparel, provided the areola is not exposed in whole or in part.
[Ord. No. 6599 § 1, 8-25-2016]
Physical injury that creates a substantial risk of death
or that causes serious disfigurement or protracted loss or impairment
of the function of any part of the body.
Includes transportation, telephone, electricity, gas, water,
or other public service, cable television service, video service,
voice over internet protocol service, or internet service, accommodation
in hotels, restaurants or elsewhere, admission to exhibitions and
use of vehicles.
Sexual intercourse, sexual contact or masturbation.
[Ord. No. 6599 § 1, 8-25-2016]
Any touching of an animal with the genitals or any touching
of the genitals or anus of an animal for the purpose of arousing or
gratifying the person's sexual desire.
[Ord. No. 6599 § 1, 8-25-2016]
Any touching of another person with the genitals or any touching
of the genitals or anus of another person, or the breast of any female
person, or such touching through the clothing, for the purpose of
arousing or gratifying sexual desire of any person or for the purpose
of terrorizing the victim.
[Ord. No. 6599 § 1, 8-25-2016]
Any penetration, however slight, of the female genitalia
by the penis. Sexual intercourse also includes any act involving the
genitals of one person and the hand, mouth, tongue, or anus of another
person or a sexual act involving the penetration, however slight,
of the penis, female genitalia, or the anus by a finger, instrument
or object done for the purpose of arousing or gratifying the sexual
desire of any person or for the purpose of terrorizing the victim.
[Ord. No. 6599 § 1, 8-25-2016]
Any substance containing tobacco leaf, including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco
or dipping tobacco, but does not include alternative nicotine products
or vapor products.
Any non-combustible product containing nicotine that employs
a heating element, power source, electronic circuit or other electronic,
chemical or mechanical means, regardless of shape or size, that can
be used to produce vapor from nicotine in a solution or other form.
"Vapor product" includes any electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe or similar product or device
and any vapor cartridge or other container of nicotine in a solution
or other form that is intended to be used with or in an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe
or similar product or device. "Vapor product" does not include any
alternative nicotine product or tobacco product.
A self-propelled mechanical device designed to carry a person
or persons, excluding vessels or aircraft.
Any mechanical, electric or electronic self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products, alternative nicotine products or vapor
products.
Any boat or craft propelled by a motor or by machinery, whether
or not such motor or machinery is a principal source of propulsion
used or capable of being used as a means of transportation on water,
or any boat or craft more than twelve (12) feet in length which is
powered by sail alone or by a combination of sail and machinery, and
used or capable of being used as a means of transportation on water,
but not any boat or craft having, as the only means of propulsion,
a paddle or oars.
The provision of video programming provided through wireline
facilities located at least in part in the public right-of-way without
regard to delivery technology, including internet protocol technology,
whether provided as part of a tier, on demand, or a per-channel basis.
This definition includes cable service as defined by 47 U.S.C. § 522(6),
but does not include any video programming provided by a commercial
mobile service provider as commercial mobile service is defined in
47 U.S.C. § 332(d), or any video programming provided solely
as part of and via a service that enables users to access content,
information, electronic mail, or other services offered over the public
internet, and includes microwave television transmission, from a multipoint
distribution service not capable of reception by conventional television
receivers without the use of special equipment.
A service that:
Enables real time two-way voice communication;
Requires a broadband connection from
the user's location;
Requires internet protocol-compatible
customer premises equipment; and
Permits users generally to receive
calls that originate on the public switched telephone network and
to terminate calls to the public switched telephone network.
