Missouri
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City of Clarkson Valley Missouri |
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The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
LEWD OR LASCIVIOUS ACT:
1. An appearance in the state of nudity; or2. Exposure of the private parts of the body; or
3. The touching of the private parts of one's own body or of another person's body for the purpose of sexual stimulation, which is wanton and committed in the presence of another or in any place open to the public view.
Nothing herein shall be construed to apply to a married couple by themselves in a place not open to public view.
PUBLIC PLACE: Any place to which the general public has access and a right to resort for business, social activity, entertainment, or other lawful purpose but does not necessarily mean a place devoted solely to the uses of the public. It shall also include any store, shop, restaurant, tavern or other place of business open to the public and also public grounds, areas or parks. (CC 1990 §12-1; Code 1977 §17.010)
Cross Reference-Definitions and rules of construction generally, §100.020.
A person commits the offense of assault if:
1. The person attempts to cause or recklessly causes physical injury to another person;2. With criminal negligence the person causes physical injury to another person by means of a deadly weapon;
3. The person purposely places another person in apprehension of immediate physical injury;
4. The person recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; 5. The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative; or
6. The person knowingly causes physical contact with an incapacitated person, as defined in Section 475.010, RSMo., which a reasonable person, who is not incapacitated, would consider offensive or provocative.
A person commits the offense of harassment if for the purpose of frightening or disturbing another person he/she:
1. Communicates in writing or by telephone a threat to commit any felony;2. Makes a telephone call or communicates in writing and uses coarse language offensive to one of average sensibility;
3. Makes a telephone call anonymously; or
4. Makes repeated telephone calls. (CC 1990 §12-80; Ord. No. 92-11 §2, 6-2-92)
A. A person commits the offense of resisting or interfering with arrest if knowing that a Law Enforcement Officer is making an arrest, or attempting to lawfully detain or stop an individual or vehicle, or the person reasonably should know that a Law Enforcement Officer is making an arrest or attempting to lawfully detain or lawfully stop an individual or vehicle, for the purpose of preventing the officer from effecting the arrest or stop or detention, the person:
1. Resists the arrest, stop or detention of such person by using or threatening the use of violence or physical force or by fleeing from such officer; orB. This Section applies to arrests with or without warrants and to arrests for any offense or ordinance violation.2. Interferes with the arrest, stop or detention of another person by using or threatening the use of violence, physical force or physical interference.
C. It is no defense to a prosecution under Subsection (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 arrest. (CC 1990 §12-2; Code 1977 §17.310; Ord. No. 96-17 §1, 12-3-96)
A. As used in this Section, "process" includes any writ, summons, subpoena, warrant other than an arrest warrant, or other process or order of a court.
B. A person commits the offense of interference with legal process if, knowing any person is authorized by law to serve process, for the purpose of preventing such person from effecting the service of any process, he/she interferes with or obstructs such person. (CC 1990 §12-3; Code 1977 §17.310)
Every person who shall have been personally served with a subpoena issued by the Board of Aldermen, having the power and authority to issue such subpoena, or official commanding the attendance of such person or the production of any books, papers, or documents, who shall fail or refuse without legal excuse to attend at the time and place therein specified, or who shall fail or refuse without legal excuse to produce the books, papers and documents therein specified, or who being present shall fail or refuse without legal excuse to testify fully as to his/her knowledge concerning the matters and things then being lawfully investigated by the Board of Aldermen or other legally constituted board or commission of the City or any officer of the City empowered to do so, shall be deemed guilty of a violation of this Section. (CC 1990 §12-4; Code 1977 §17.315)
Any person who commits, attempts to commit, conspires to commit, or aids and abets in the commission of any act declared herein to be in violation of this Code or ordinances of this City, whether individually or in connection with one (1) or more 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 Chapter is likewise guilty of such offense, and shall be punished as provided in Section 100.100 of this Code. (CC 1990 §12-5; Code 1977 §17.510)
It shall be unlawful for any person to refuse to obey a lawful order of any Police Officer given in the line of duty. (CC 1990 §12-7; Ord. No. 92-11 §2, 6-2-92)
A. A person commits the offense of escape or attempted escape from confinement if, while being held in confinement after arrest for any crime or offense, while serving a sentence after conviction for any crime or offense, or while at an institutional treatment center operated by the department of corrections as a condition of probation or parole, he/she escapes or attempts to escape from confinement.
B. A person commits the offense of aiding escape of a prisoner if he/she:
1. Introduces into any place of confinement any deadly weapon or dangerous instrument, or other thing adapted or designed for use in making an escape, with the purpose of facilitating the escape of any prisoner confined therein, or of facilitating the commission of any other crime or offense; or2. Assists or attempts to assist any prisoner who is being held in custody or confinement for the purpose of effecting the prisoner's escape from custody or confinement.
A. A person commits the offense of making a false report if he/she knowingly:
1. Gives false information to a Law Enforcement Officer for the purpose of implicating another person in a crime or offense;B. It is a defense to a prosecution under Subsection (A) of this Section that the actor retracted the false statement or report before the Law Enforcement Officer or any other person took substantial action in reliance thereon.2. Makes a false report to a Law Enforcement Officer that a crime or offense 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.
4. By any means or method communicate to or provide any officer or agent of the City or of the Police Department with any false statement or information with the intent that it shall be relied upon by such officer or agent in the performance of his/her official duties.
C. The defendant shall have the burden of injecting the issue of retraction under Subsection (B) of this Section.
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 or at any postal mailbox. (CC 1990 §12-121; Code 1977 §17.210)
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. (CC 1990 §12-122; Code 1977 §17.215)
A. A person commits the offense of abandonment of an airtight icebox if he/she abandons, discards, or knowingly permits to remain on premises under his/her control, in a place accessible to children, any abandoned or discarded icebox, refrigerator, or other airtight or semi-airtight container which has a capacity of one and one-half (1½) cubic feet or more and an opening of fifty (50) square inches or more and which has a door or lid equipped with hinge, latch or other fastening device capable of securing such door or lid, without rendering such equipment harmless to human life by removing such hinges, latches or other hardware which may cause a person to be confined therein.
B. Subsection (A) of this Section does not apply to an icebox, refrigerator or other airtight or semi-airtight container located in that part of a building occupied by a dealer, warehouseman or repairman.
C. The defendant shall have the burden of injecting the issue under Subsection (B) of this Section. (CC 1990 §12-124; Ord. No. 92-11 §2, 6-2-92)
No person shall burn garbage, refuse, waste, straw or other combustible materials without a permit from the fire district. A copy of such permit must be supplied to the City within thirty (30) days of the event. This Section shall not apply to barbecue pits used for the cooking of food. (CC 1990 §12-126; Ord. No. 92-11 §2, 6-2-92)
A. No person shall sell, use, manufacture, display or possess fireworks within the City at any time, except as provided in Subsection (C) below.
B. The term "fireworks", as used in this Section, means and includes any combustible or explosive composition, or any substance or combination of substances, or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration 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.
C. 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, however, such public demonstrations or displays of fireworks must be conducted under the supervision of the City Police Department after application is made in writing and presented to the Board of Aldermen, and a permit issued by the Board of Aldermen for such demonstration or display. The Police Chief is hereby directed to prepare appropriate application and permit forms to fully effectuate the terms of this Section. (CC 1990 §12-79; Code 1977 §17.220)
A. For the purposes of this Section:
LOUD NOISE: The following acts, but said enumeration shall not be deemed to be exclusive:1. The erection (including excavating), demolition, alteration, or repair of any building or structure between the hours of 8:30 P.M. and 6:00 A.M. unless the entity performing said acts shall have received a special work permit authorizing the work during said hours conditioned upon compliance with the other provisions of this Article and provided no complaints about the work are filed with the City. The special work permit will be good for fourteen (14) days and may be renewed for like periods. The City will investigate any complaints and if it is determined that the public or any member of the public is hurt, injured, annoyed, inconvenienced or damaged by said acts, the Building Commissioner shall re-call the special work permit unless the entity holding said permit can provide that it is a case of urgent necessity in the interest of public safety.NOXIOUS AND OFFENSIVE ODOR: Air contamination and air pollution as defined in RSMo. Supp. 1990, Section 643.020, but said definitions shall not be deemed to be exclusive.2. The playing in the open air of tennis, badminton, horse shoes, baseball, or other outdoor games within one hundred (100) feet of any residence or building used or occupied for private family residential purposes between the hours of 12:00 Midnight and 8:00 A.M.
3. The playing of any radio, phonograph, musical instrument, drum, orchestra, loudspeaker or other device in such a manner or with such volume, particularly between the hours of 12:00 Midnight and 8:00 A.M. as to tend to annoy or disturb the quiet or repose of persons in any dwelling or residence; provided, any such noise which can be distinctly heard at a distance of more than one hundred (100) feet from its source shall be deemed excessive.
4. The creation of any excessive or unnecessary noise within two hundred (200) feet of any portion of grounds or premises on which is located a hospital or other institution reserved for the sick, or any church or school or other institution of learning or court or other public building, library and the like, while the same are, open or in session which unreasonably interferes with the proper functioning of any such place above mentioned, provided conspicuous signs are placed in the public highways indicating quiet zones within which such noises are prohibited. In cases of emergency or urgent necessity a permit may be issued by the City Building Commissioner for such noises within such zones for limited periods during the existence of such emergency.
PRIVATE PROPERTY: Any place which at the time is not open to the public. It includes property which is owned publicly or privately.
PROPERTY OF ANOTHER: Any property in which the actor does not have a possessory interest.
PUBLIC PLACE: Any place which at the time is open to the public. It includes property which is owned publicly or privately.
1. He/she unreasonably and knowingly disturbs or alarms another
person by:
a. Loud noise; or
b. Offensive and indecent language which is likely to produce an
immediate violent response from a reasonable recipient; or
c. Threatening to commit an offense against any person; or
d. Fighting; or
e. Creating a noxious and offensive odor;
2. He/she is in a public place or on private property of another
without consent and purposely causes inconvenience to another person by
unreasonably and physically obstructing:
a. Vehicular or pedestrian traffic; or
b. The free ingress or egress to or from a public or private
place.
C. This Section shall not be construed to suppress the right to
lawful assembly, picketing, public speaking or other lawful means of
expressing public opinion not in contravention of other laws.
(CC 1990 §12-76; Code 1977 §§17.110, 17.140;
Ord. No. 91-6 §4, 3-5-91)
SECTION
210.170: WEAPONS─CARRYING
CONCEALED─OTHER UNLAWFUL USE
A. A person commits the offense of unlawful use of weapons if
he/she knowingly:
1. Carries concealed upon or about his/her person a knife, a
firearm, a blackjack or any other weapon readily capable of lethal use;
2. Discharges or shoots a firearm within the City limits;
3. Possesses a firearm or projectile weapon while intoxicated;
4. Carries a firearm or any other weapon readily capable of
lethal use; or
5. Carries a firearm, whether loaded or unloaded, or any other
weapon readily capable of lethal use into any school, onto any school bus, or
onto the premises of any function or activity sponsored or sanctioned by
school officials or the district school board.
B. Subparagraphs (1), (2), (4) and (5) 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, or any person summoned by such officers 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 crime;
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 and those
persons vested by Article III of the Constitution of the United States with
the judicial power of the United States, the members of the Federal Judiciary;
5. Any person whose bona fide duty is to execute process, civil
or criminal;
6. Any Federal probation officer;
7. Any State Probation or Parole Officer, including supervisors
and members of the Board of Probation and Parole;
8. Any corporate security advisor meeting the definition and
fulfilling the requirements of the regulations established by the Board of
Police Commissioners under Section 84.340, RSMo.; and
9. The discharge of firearms in connection with any turkey
shoots or other charitable event authorized by the Board of Aldermen.
C. Subparagraphs (1), (3), (4) and (5) of Subsection (A) of this
Section do not apply when the actor is transporting such weapons in a
non-functioning state or in an unloaded state when ammunition is not readily
accessible or when such weapons are not readily accessible. Subparagraph (1) of Subsection (A) of this Section does not
apply when the actor is also in possession of an exposed firearm or projectile
weapon for the lawful pursuit of game, or is in his/her dwelling unit or upon
business premises over which the actor has possession, authority or control,
or is traveling in a continuous journey peaceably through the City.
Subparagraph (5) of Subsection (A) of this Section does not apply if the
firearm is otherwise lawfully possessed by a person while traversing school
premises for the purposes of transporting a student to or from school, or
possessed by an adult for the purposes of facilitation of a school-sanctioned
firearm-related event.
D. Nothing in this Section shall make it unlawful for a student
to actually participate in school-sanctioned gun safety courses, student
military or ROTC courses, or other school-sponsored firearm-related events,
provided the student does not carry a firearm or other weapon readily capable
of lethal use into any school, onto any school bus, or onto the premises of
any function or activity sponsored or sanctioned by school officials or the
district school board.
E. Firearms In City
Buildings.
1. 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.
2. Signs shall be posted at each entrance of a 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 firearms
is prohibited.
3. Any person violating this Section may be denied entrance to
the building or ordered to leave the building.
Any City employee violating this Section may be disciplined.
No other penalty shall be imposed for a violation of this Section.
4. No person who has been issued a certificate of qualification
that allows the person to carry a concealed firearm before the Director of
Revenue begins issuing concealed carry endorsements in July, 2004, shall, by
authority of that certificate, 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. (Ord. No.
04-03 §§1─2, 4-6-04)
Note─Under
certain circumstances this offense can be a felony under state law.
SECTION
210.180: UNLAWFUL TRANSFER OF
WEAPONS─PENALTY
A person commits the offense of unlawful transfer
of weapons if he/she:
1. Knowingly sells, leases, loans, gives away or delivers a
blackjack to a person less than eighteen (18) years old without the consent of
the child's custodial parent or guardian, or recklessly, as defined in Section
562.016, RSMo., sells, leases, loans, gives away or delivers any firearm to a
person less than eighteen (18) years old without the consent of the child's
custodial parent or guardian; provided that this does not prohibit the delivery
of such weapons to any Peace Officer or member of the armed forces or National
Guard while performing his/her official duty; or
2. Recklessly, as defined in Section 562.016, RSMo., sells,
leases, loans, gives away or delivers a firearm or ammunition for a firearm to a
person who is intoxicated.
Any person within the limits of this City who shall discharge any BB gun, spring gun, paint ball gun or air gun or shall shoot any pebble, bullet, slug, arrow or other hard substance by means of a sling, crossbow, rubber band or bow or any other means shall be deemed guilty of an ordinance violation.
A. It shall be unlawful for any person to sell, offer to sell, display, use, possess or carry any knife having the appearance of a pocket knife, the blade of which can be opened by a flick of a button, pressure on the handle or other mechanical contrivance. Any such knife is hereby declared to be a dangerous or deadly weapon and shall be subject to forfeiture to the City as provided in this Section.
B. Every person convicted of any violation of this Section shall forfeit to the City such dangerous or deadly weapon so concealed or displayed.
C. 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 any other authorized member of the City Government from carrying or wearing, while on duty, such weapons as shall be necessary in the proper discharge of their duties.
D. It shall be the duty of every Police Officer, upon making any arrest and taking such a concealed weapon from the person of the offender, to deliver the same to the evidence custodian of the Police Department, to be held by him/her until the final determination of the prosecution for such offense; and upon a finding of guilt, it shall then be the duty of the Chief of Police to dispose of such weapon as directed by the Municipal Judge. (CC 1990 §12-125; Ord. No. 92-11 §2, 6-2-92)
It shall be unlawful for any person to carry a firearm, BB gun, pellet gun or other type of air gun, explosive device, knife having a blade in excess of two and one-half (2½) inches, or bow or similar device designed for the purpose of shooting an arrow on the premises of any school. (CC 1990 §12-129; Ord. No. 99-05 §§1-2, 5-4-99)
A. It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle, either alone and/or in consort with others in a public place in such manner so as to:
1. Obstruct any public street, public highway, public sidewalk or any other public place or building by entering or impeding or attempting to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians.2. Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of the property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress, and regress, therein, thereon and thereto.
B. When any person causes or commits any of the conditions enumerated in Subsection (A) herein, a Police Officer or any Law Enforcement Officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of this Section. (CC 1990 §12-77; Code 1977 §17.120)
A person commits the offense of unlawful assembly if he/she knowingly assembles with six (6) or more other persons and agrees with such persons to violate any of the criminal laws of this State or of the United States with force or violence. (CC 1990 §12-78; Code 1977 §17.130)
A person commits the offense of littering if he/she throws or places, or causes to be thrown or placed, any glass, glass bottles, wire, nails, tacks, hedge, cans, garbage, trash, refuse, or rubbish of any kind, nature or description on the right-of-way of any public road or State highway or on or in any of the waters in this City or on the banks of any stream, or on any land or water owned, operated or leased by the State, any board, department, agency or commission thereof or on any land or water owned, operated or leased by the Federal Government or on any private real property owned by another without his/her consent. (CC 1990 §12-96; Code 1977 §17.155)
A. A person commits the offense of trespass in the first degree if he/she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.
B. A person does not commit the offense of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:
1. Actual communication to the actor; or2. Posting in a manner reasonably likely to come to the attention of intruders. (CC 1990 §12-97; Code 1977 §17.415)
A person commits the offense of trespass in the second degree if he/she enters unlawfully upon real property of another. This is an offense of absolute liability. A person convicted of trespass in the second degree shall be subject to a fine of not more than two hundred dollars ($200.00). (CC 1990 §12-98; Code 1977 §17.420)
A. A person commits the offense of tampering if he/she:
1. Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or4. For the first time, tampers with, or causes to be tampered with, any meter or other property of an electric, gas, steam or water utility, the effect of which tampering is either:2. Unlawfully rides in or upon another's automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle; or
3. Tampers or makes connection with property of a utility; or
a. To prevent the proper measuring of electric, gas, steam or water service; orB. In any prosecution under Paragraph (4) of Subsection (A), proof that a meter or any other property of a utility has been tampered with, and the person accused received the use or direct benefit of the electric, gas, steam or water service, with one (1) or more of the effects described in Paragraph (4) of Subsection (A), shall be sufficient to support all inference which the trial court may submit to the trier of fact, from which the trier of fact may conclude that there has been a violation of such subdivision by the persons who use or receive the direct benefit of the electric, gas, steam or water service. (CC 1990 §12-99; Code 1977 §17.425)b. To permit the diversion of any electric, gas, steam or water service.
A person commits the offense of property damage if:
1. He/she knowingly damages property of another; or2. He/she damages property for the purpose of defrauding an insurer. (CC 1990 §12-100; Code 1977 §17.425)
No person shall make or cause to be made any excavation or shall occupy or cause to be occupied any portion of any public street, alley, highway or public place with building material, construction equipment, or any other obstruction of any character whatsoever without:
1. Causing one (1) flashing red or yellow light to be securely and conspicuously placed on or near such excavation, building material or obstruction, providing such excavation or obstruction does not extend more than ten (10) feet in length; and for any excavation or obstruction extending more than ten (10) feet, two (2) such lights, one (1) at each end, or one (1) such light for each additional twenty-five (25) feet or part thereof;2. Keeping all of such lights burning during the entire night; and
3. Securing and completely covering excavation in excess of three (3) feet with three-quarter (¾) inch plywood or its structural equivalent. (CC 1990 §14-54)
A. No person shall operate any motor vehicle on the sidewalks, pathways or unpaved part of the common land of any subdivision, nor park any motor vehicle on the sidewalks, pathways or unpaved part of the common land of any subdivision, without the written consent of the trustees of the common land, or if there be no such trustees, without the written consent of the owners or other persons designated by the owners to be in control of the sidewalks, pathways or unpaved part of the common land, and unless such person has such written consent on his/her person.
B. It shall be unlawful for any person to authorize, or knowingly permit, a motor vehicle owned by him/her or under his/her control, to be operated or parked on the sidewalks, pathways or unpaved part of the common land of any subdivision by any person when such operator has not both obtained and have on his/her person such written consent as required in this Section. (CC 1990 §12-101; Code 1977 §17.430)
A. No person shall operate a motorcycle or minibike on private property without the written consent of the owner or person in control of such private property, and unless such person has such written permission on his/her person.
B. It shall be unlawful for any person to authorize, or knowingly permit, a motorcycle or minibike owned by him/her or under his/her control, to be operated on private property by any person when such operator has not obtained and does not have on his/her person such written consent as required in this Section. (CC 1990 §12-102; Code 1977 §17.435)
It shall be unlawful for any person to stick, post or place, keep or maintain upon any house, fence, wall, post or other structure within the City, any advertisement, bill, sign, poster or device of any
kind, and it shall be unlawful for any person to paint, paste, post, place or affix any advertisement, bill, placard, poster, sign or device of any kind upon any tree, pole, post, hydrant, bridge or any structure upon any public street, sidewalk, alley, parkway, park or other public place in the City; provided however, that nothing herein shall apply to any notice authorized or required by law or ordinance to be posted, or to any official notice by public officers, or to election or political signs where the owner consents to signs, or to signs under a City permit. (CC 1990 §12-103; Code 1977 §17.450)
A.
For the purpose of this Section, the value of property shall be
ascertained as follows: Whether or
not they have been issued or delivered, certain written instruments, not
including those having a readily ascertainable market value such as some public
and corporate bonds and securities, shall be evaluated as follows:
1.
The value of an instrument constituting evidence of debt, such as a
check, draft or promissory note, shall be deemed the amount due or collectible
thereon or thereby, such figure ordinarily being the face amount of the
indebtedness less any portion thereof which has been satisfied.
2.
The value of any other instrument which creates, releases, discharges or
otherwise affects any valuable legal right, privilege or obligation shall be
deemed the greatest amount of economic loss which the owner of the instrument
might reasonably suffer by virtue of the loss of the instrument.
3.
When the value of the property cannot be satisfactorily ascertained
pursuant to the standards set forth in Subdivisions (1) and (2) of this
Subsection (A), its value shall be deemed to be an amount less than seven
hundred fifty dollars ($750.00).
B.
A person commits the offense of stealing if he/she appropriates property
or services of another having the value of less than seven hundred fifty dollars
($750.00) for the purpose to deprive such other person thereof, either without
the consent of such other person or by means of deceit or coercion.
C.
This Section shall not apply to any offense that is a felony under State
law. (CC 1990 §12-104; Ord. No.
92-11 §2, 6-2-92; Ord. No. 98-11 §§1─2, 11-3-98)
A.
Any person commits the offense of receiving stolen property if for the
purpose of depriving the owner of a lawful interest therein, he/she receives,
retains or disposes of property of another knowing that it has been stolen, or
believing that it has been stolen.
B.
This Section shall not apply if the property involved has a value of one
hundred fifty dollars ($150.00) or more, or the person receiving the property is
a dealer in goods of the type in question.
(CC 1990 §12-105; Ord. No. 92-11 §2, 6-2-92)
A.
A person commits the offense of passing a bad check when:
1.
With purpose to defraud, he/she makes, issues or passes a check or other
similar sight order for the payment of money, knowing that it will not be paid
by the drawee; or
2.
He/she makes, issues or passes a check or other similar sight order for
the payment of money, knowing that there are insufficient funds in his/her
account 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.
B.
As used in Subparagraph (2) of Subsection (A) of this Section, "actual
notice in writing" means notice of the non-payment which is actually
received by the defendant. Such
notice may include the service of summons or warrant upon the defendant for the
initiation of the prosecution of the check or checks which are the subject
matter of the prosecution if the summons or warrant contains information of the
ten (10) day period during which the instrument may be paid and that payment of
the instrument within such ten (10) day period will result in dismissal of the
charges. The requirement of notice
shall also be satisfied for written communications which are tendered to the
defendant and which the defendant refuses to accept.
Note─Under certain circumstances this offense can be a felony under state law.
The following words, terms and
phrases, when used in this Article, shall have the meanings ascribed to them in
this Section, except where the context clearly indicates a different meaning:
DEVIATE
SEXUAL INTERCOURSE: Any sexual
act involving the genitals of one (1) person and the mouth, hand, tongue or anus
of another person.
PATRONIZING
PROSTITUTION: A person:
1.
Pursuant to a prior understanding, giving something of value to another
person as compensation for that person or a third person having engaged in
sexual conduct with him/her or with another.
2.
Giving or agreeing to give something of value to another person on an
understanding that in return therefor that person or a third person will engage
in sexual conduct with him/her or with another.
3.
Soliciting or requesting another person to engage in sexual conduct with
him/her or with another, or to secure a third person to engage in sexual conduct
with him/her or with another, in return for something of value.
PROSTITUTION:
Engaging or offering or agreeing to engage in sexual conduct with another
person in return for something of value to be received by the person or by a
third person.
SEXUAL
CONDUCT: Sexual intercourse,
deviate sexual intercourse or sexual contact, as those terms are defined in this
Section.
SEXUAL
CONTACT: Any touching, manual
or otherwise, of the anus or genitals of one person by another, done for the
purpose of arousing or gratifying sexual desire of either party.
SEXUAL
INTERCOURSE: Any penetration,
however slight, of the female sex organ by the male sex organ, whether or not an
emission results.
SOMETHING
OF VALUE: Any money or
property, or any token, object or article exchangeable for money or property.
(CC 1990 §12-51; Code 1977 §17.010(6))
Cross Reference─Definitions
and rules of construction generally, §100.020.
A person commits the offense of
prostitution if he/she performs an act of prostitution.(CC 1990 §12-52; Code
1977 §17.145)
A person commits the offense of
patronizing prostitution if he/she patronizes prostitution.(CC 1990 §12-53;
Code 1977 §17.145)
In any prosecution for prostitution
or patronizing a prostitute, the sex of the two (2) parties or prospective
parties to the sexual conduct engaged in, contemplated or solicited is immaterial,
and it is no defense that:
1.
Both persons were of the same sex; or
2.
The person who received, agreed to receive or solicited something of
value was a male and the person who gave or agreed or offered to give something
of value was a female. (CC 1990 §12-54; Code 1977 §§17.145, 17.150)
A.
Any room, building or other structure regularly used for sexual contact
for pay as defined in Section 210.360 or any unlawful prostitution activity
prohibited by this Article is a public nuisance.
B.
The City Attorney may, in addition to all criminal sanctions, prosecute a
suit in equity to enjoin the nuisance. If
the court finds that the owner of the room, building or structure knew or had
reason to believe that the premises were being used regularly for sexual contact
for pay or unlawful prostitution activity, the court may order that the premises
shall not be occupied or used for such period as the court may determine, not to
exceed one (1) year.
C.
All persons, including owners, lessees, officers, agents, inmates or
employees, aiding or facilitating such a nuisance may be made defendants in any
suit to enjoin the nuisance, and they may be enjoined from engaging in any
sexual contact for pay or unlawful prostitution activity anywhere within the
jurisdiction of the court.
D.
Appeals shall be allowed from the judgment of the court as in other civil
actions. (CC 1990 §12-55;
Code 1977 §17.150)
A person commits the offense of
indecent exposure if he/she knowingly exposes his/her genitals under
circumstances in which he/she knows that his/her conduct is likely to cause
affront or alarm.(CC 1990 §12-56; Ord. No. 92-11 §2, 6-2-92)
A.
Manufacture, Possession, Etc.,
Prohibited. No person shall
manufacture, possess, have under his/her control, sell, prescribe, administer,
dispense, distribute or compound any controlled or counterfeit substance as
defined in Section 195.010, RSMo.
B.
Possession Of Certain Apparatus
Prohibited. No person shall
possess any apparatus, device or instrument for the unauthorized use of any
controlled substance as defined in Section 195.010, RSMo.
C.
Exceptions.
The provisions and prohibitions of this Section shall not apply to any
person who is specifically authorized by the laws of the State to manufacture,
possess, have under his/her control, sell, prescribe, administer, dispense,
distribute or compound any controlled or counterfeit substance, nor to any
person who is authorized under the laws of the State to possess any apparatus,
device or instrument for the use of any controlled substance.
(CC 1990 §12-127; Ord. No. 92-11 §2, 6-2-92)
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 this Article or Sections 195.005
to 195.425, RSMo. (CC 1990 §12-128;
Ord. No. 92-11 §2, 6-2-92)
A.
It shall be unlawful for any minor under the age of seventeen (17) years
to loiter, idle, wander or stroll, or to drive or ride in an automobile, play in
or upon the public streets, private streets open to the public, highways, roads,
alleys, parks, playgrounds or other public grounds, public places and public
buildings, places of amusement and entertainment, vacant lots or other places
within the City between the hours of 11:00 P.M. and 6:00 A.M. of the following
day, official County time, except on Fridays and Saturdays when the hours shall
be 12:00 Midnight to 6:00 A.M. of the following day, official County time;
provided however, that the provisions of this Section do not apply to a minor
accompanied by his/her 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/her parent, guardian or other adult person
having the care and custody of the minor.
B.
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 (17) years to
knowingly permit such minor to loiter, idle, wander or stroll, or to drive or
ride in an automobile, or play in or upon the public streets, private streets
open to the public, highways, roads, alleys, parks, playgrounds or other public
grounds, public places and public buildings, places of amusement and
entertainment, vacant lots, etc., within the City between the hours of 11:00
P.M. and 6:00 A.M. of the following day, official County time, except on Fridays
and Saturdays when the hours shall be 12:00 Midnight to 6:00 A.M. of the
following day, official County time; provided however, that the provisions of
this Section do not apply to a minor accompanied by his/her 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/her parent,
guardian or other adult person having the care and custody of the minor.
C.
Any Police Officer of the City finding a violation of this Section shall
take the minor into custody and follow the policy and procedure on file in the
Police Department in handling minors on a first offense.
(CC 1990 §12-11; Ord. No. 92-11 §2, 6-2-92)
A.
Prohibited Acts.
No parent shall knowingly permit, encourage, aid or cause a minor or
juvenile to:
1.
Commit a criminal act;
2.
Engage in conduct which would be injurious to the minor's or juvenile's
morals or health; or
3.
Become delinquent in accordance with the provisions of the juvenile court
law of the State.
B.
Parents To Exercise Control Over A
Minor. No parent shall fail to
exercise customary and effective control over a minor so as to contribute to,
cause or tend to cause a minor to commit a criminal act.
C.
Notification Of Minor's Arrest.
Whenever a minor shall be arrested or detained for the commission of any
criminal act within the City, the Police Department shall immediately notify the
minor's parent of the arrest or detention and shall advise the parent of his/her
responsibility under this Section. A
record of such notification shall be kept by the Police Department. (CC 1990 §12-12; Ord. No. 92-11 §2, 6-2-92)
This Article may be cited as the
City of Clarkson Valley Second Response Ordinance. (CC 1990 §12-131; Ord. No. 93-12 §3, 8-3-93)
For the purposes of this Article,
the following definitions shall apply:
LARGE
EVENT: Large parties or
gatherings of five (5) or more persons, who have assembled or are assembling for
a special occasion or for a social activity.
PERSON
RESPONSIBLE FOR THE EVENT: The
person who owns the property where the party, gathering or event takes place
and/or the person in charge of the premises and/or the person who organized the
event. If the person responsible
for the event is a minor, then the parents or guardians of that minor will be
jointly and severally liable for the costs incurred for police services.
POLICE
SERVICES FEE: The salaries of
the responding Police Officers, at the salary then in effect for each
classification of each individual officer, for the amount of time actually spent
in responding to or remaining at the party, gathering or event; appropriate
overhead for said police services; the actual costs of any medical treatment to
injured officers; and, the cost of repairing any damaged City or police
equipment or property.
SPECIAL
SECURITY ASSIGNMENT: The
assignment of Police Officers and services during a second (2nd) call to a
location after the distribution of a written warning that the party, gathering
or event violates this Article. (CC
1990 §12-132; Ord. No. 93-12 §3, 8-3-93)
A.
When a large party, gathering or event occurs on private property and a
Police Officer at the scene determines that there is a threat to the public
peace, health, safety or general welfare, the person(s) responsible for the
event will be held liable for the cost of providing police services for the
special security assignment during a second (2nd) response by the police after
the first (1st) warning, to control the threat to the public peace, health,
safety or general welfare.
B.
The return call, or second (2nd) call, may also result in the arrest
and/or citation of violators of the Municipal Code at other Sections.
(CC 1990 §12-133; Ord. No. 93-12 §3, 8-3-93)
A.
The police services fee shall include the cost of personnel, equipment,
overhead and damages but shall not exceed five hundred dollars ($500.00) for a
single incident.
B.
The City does not hereby waive its right to seek reimbursement for actual
costs exceeding five hundred dollars ($500.00) through other legal remedies.
C.
The amount of such police service fees charged shall be deemed a debt to
the City of the person or persons receiving said services and, if minors, their
parents or guardians. Any person
owing money shall be liable in an action brought in the name of the City for
recovery of such amount, including reasonable attorney fees.
(CC 1990 §12-134; Ord. No. 93-12 §3, 8-3-93)
The Chief of Police shall notify the
City Clerk in writing upon the rendering of such police services, of the name
and address of the responsible person, the date and time of the incident and the
services performed and the cost thereof and such other information as may be
required. The City Clerk shall
thereafter cause appropriate billings to be made. (CC 1990 §12-135; Ord. No. 93-12 §3, 8-3-93)
Nothing in the adoption or
administration of this Article shall be construed as affecting the ability to
initiate or continue concurrent or subsequent criminal prosecution for any
violation of the provisions of this Code or any State law rising out of the same
circumstances necessitating the application of this Article.
(CC 1990 §12-136; Ord. No. 93-12 §3, 8-3-93)