1384 Offenses Against Property Rights

AN ORDINANCE REGULATING OFFENSES AGAINST PROPERTY RIGHTS

 

BE IT ORDAINED by the Board of Aldermen of the City of Rich Hill, Missouri, as follows:

Article 1.  Feigning blindness for profit.

A person who simulates blindness or pretends to be a blind person with the purpose of obtaining something of value from another person by deceit commits the offense of feigned blindness.

Article 2.  Reckless burning or exploding

A person commits the crime of reckless burning or exploding when he knowingly starts a fire or causes an explosion and thereby recklessly damages or destroys a building or an inhabitable structure of another.

Article 3.  Negligent burning or exploding.

A person commits the crime of negligent burning or exploding when he with criminal negligence causes damage to property of another by fire or explosion

Article 4.  Fire, negligence in setting or allowing to escape on cropland, grassland, marsh, prairie, woodland.

  1. A person commits the crime of negligently setting fire to a woodland, cropland, grassland, prairie or marsh when he with criminal negligence causes damage to a woodland, cropland, grassland, prairie or marsh of another by starting a fire.
  2. A person commits the crime of negligently allowing a fire to escape when he with criminal negligence allows a fire burning on lands in his possession or control to escape onto property of another

Article 5 Burning in Violation of Temporary Burn Ban

A person commits the crime of burning in violation of a temporary burn ban when he or she knowingly or negligently ignites within the city limits of Rich Hill, Missouri an open outdoor fire at a time when there is in existence a temporary burn ban issued by the City’s Fire Chief.

Article 6.  Tampering in the second degree.

  1. A person commits the crime of tampering in the second degree if he:
    1. Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another;
    2. Unlawfully rides in or upon another’s automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle;
    3. Tampers or makes connection with property of a utility;
    4. Tampers with, or causes to be tampered with, any meter or other property of an electric, gas, steam or water utility, the effect of which tampering is either:
      1. To prevent the proper measuring of electric, gas, steam, or water service; or
      2. To permit the diversion of any electric, gas, steam or water service.
  2. In any prosecution under subsection (a)(4), 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 subsection (a)(4) a. and b., shall be sufficient to support an inference which the trial court may submit to the trier of fact, from which the trier of fact may conclude that there has been a violation of such subsection by the person who uses or receives the direct benefit of the electric, gas, steam or water service.

Article 7.  Property damage in the second degree.

a. A person commits the crime of property damage in the second degree if:

  1. He knowingly damages property of another;
  2. He damages property for the purpose of defrauding an insurer.

Article 8.  Trespass in the first degree.

  1. A person commits the crime of trespass in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.
  2. A person does not commit the crime 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 an to which notice against trespass is given by:
    1. Actual communication to the actor; or
    2. Posting in a manner reasonably likely to come to the attention of intruders.

Article 9.  Trespass in the second degree.

A person commits the offense of trespass in the second degree if he enters unlawfully upon real property of another.  This is an offense of absolute liability.

Article 10.  Unauthorized removal, defacing, etc, of handbills, posters.

Whoever, in this City, shall remove, take down, deface, mark, injure or destroy any handbill or advertisement posted or put up by another, before the same shall have expired, shall upon conviction be deemed guilty of a misdemeanor.

Article 11. Attaching posters to utility poles, trees.

It shall be unlawful for any person to post, stick, paste, tack or otherwise place upon any telegraph, telephone or electric light pole or any tree located in the public streets, thoroughfares or public places in the city any advertisement, bill, poster, circular, announcement, program or any written or printed matter whatever.

Article 12.  Attaching posters to property of another without consent, public property.

It shall be unlawful for any person to post, stick, paste, tack or otherwise place upon any building, house, fence, gate, post, pole or tree of another without his consent, or upon any schoolhouse, church, city hall or other public building within the city any advertisement, bill, poster, circular, announcement, program or any written or printed matter whatever.

Article 13 Painting on, otherwise tampering or interfering with property

Without the permission of the owner, no person shall write, paint signs or make symbols upon the property of another nor upon the property of this City whether for fun, wantonness or malice, nor do anything to such property intended or designed to be in derision of, or to cast reflections upon, the owner or occupant of such property nor do any injury to such property or interfere therewith to the annoyance of the owner.

Article 14 Cutting, injuring trees, bushes, etc., without consent.

No person shall cut, hack, remove or otherwise injure any tree, bush, vine or grass or plant belonging to another or to this City without the consent of such owner.

Article 15 Tearing down, removing property without consent.

 Without consent of the lawful owner, no person shall tear down, remove, loosen, cut or otherwise injure any gate, post, picket fence, lamp post, awning, guttering, railing, porch, buildings, store, shop, shed or house or any other property belonging to another or to this City.

Article 16 Tampering with, defacing public property.

(a)    No person without lawful authority to do so shall tamper with, deface, damage, conceal or remove any public property within this City.

(b)   No person shall dig or excavate on any City property except in connection with engaging in metal detecting that has been authorized by the City in connection with a metal detecting permit as provided in sub-paragraph (c) below.

(c)    No person shall search on public property with metal detectors without obtaining a permit from the City ofRich Hill.

Article 17 Removing, defacing monuments, landmarks.

No person shall intentionally remove, deface, injure or destroy any State monument or landmark in this City established by legal survey without lawful authority to do so.

Article 18 Stealing

(a)    A person commits the crime of stealing if he appropriates property or services of another with the purpose to deprive him thereof, either without his consent or by means of deceit or coercion.

(b)   Evidence of the following is admissible in any criminal prosecution under this section on the issue of the requisite knowledge or belief of the alleged stealer that:

(1)    He failed or refused to pay for property or services of a hotel, restaurant, inn or boardinghouse;

(2)    He gave in payment for property or services of a hotel, restaurant, inn or boardinghouse a check or negotiable paper on which payment was refused;

(3)    He left the hotel, restaurant, inn or boardinghouse with the intent to not pay for the property or services;

(4)    He surreptitiously removed or attempted to remove his baggage from a hotel, inn or boardinghouse.

Article 19 Receiving stolen property

(a)    A person commits the crime of receiving stolen property if for the purpose of depriving the owner of a lawful interest therein; he receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen.

(b)    Evidence of the following is admissible in any criminal prosecution under 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 a consideration, which he knew, was far below its reasonable value.

Article 20 Alteration or removal of items numbers with intent to deprive lawful owner

(a)    A person commits the crime of alteration or removal of items numbers if he, with the purpose of depriving the owner of a lawful interest therein:

(1)   Destroys, removes, covers, conceals, alters, defaces or causes to be destroyed, removed, covered, concealed, altered or defaced the manufacturer’s original serial number or other distinguishing owner-applied number or mark, on any item which bears a serial number attached by the manufacturer or distinguishing number or mark applied by the owner of the item, for any reason whatsoever;

(2)   Sells, offers for sale, pawns or uses as security for a loan any item on which the manufacturer’s original serial number or other distinguishing owner-applied number or mark has been destroyed, removed, covered, concealed, altered or defaced;

(3)   Buys, receives as security for a loan or in pawn, or in any manner receives or has in his possession any item on which the manufacturer’s original serial number or other distinguishing owner-applied number or mark has been destroyed, removed, covered, concealed, altered or defaced.

Article 21 Issuing a false instrument or certificate

(a)    A person commits the crime of issuing a false instrument or certificate when, being authorized by law to take proof or acknowledgement of any instrument which by law may be recorded, or being authorized by law to make or issue official certificates or other official written instruments, he issues such an instrument or certificate, or make the same with the purpose that it be issued, knowing that:

(1)   It contains a false statement or false information; or

(2)   It is wholly or partly blank.

Article 22 Passing bad checks

(a)    A person commits the crime of passing a bad check when, with the purpose to defraud, he 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 that there is no such drawee.

(b)   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.

(c)    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.

(d)   Notice in writing means notice deposited as first class mail in theUnited   Statesmail and addressed to the issuer at his address as it appears on the dishonored check or to his last known address.

(e)    The face amount of the any bad check passed pursuant to one (1) course of conduct within any ten-day period may be aggregated in determining the grade of offense.

Article 23 Deceptive business practice.

(a)    A person commits the crime of deceptive business practice if in the course of engaging in a business, occupation or profession, he recklessly:

(1)   Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;

(2)   Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service;

(3)   Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure;

(4)   Sells, offers or exposes for sale adulterated or mislabeled commodities; or

(5)   Makes a false or misleading written statement for the purpose of obtaining property or credit.

Article 24 Commercial bribery.

A person commits the crime of commercial bribery:

(1)                 If he solicits, accepts or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity to which he is subject as:

(a)    Agent or employee of another;

(b)   Trustee, guardian or other fiduciary;

(c)    Lawyer, physician, accountant, appraiser or other professional advisor or informant;

(d)   Officer, director, partner, manager or other participant in the direction of the affairs of an incorporated or unincorporated association; or

(e)    Arbitrator or other purportedly disinterested adjudicator or referee;

(2)                  If a person who holds himself out to the public as being engaged in the business of making disinterested selection, appraisal or criticism of commodities or services, he solicits, accepts or agrees to accept any benefit to influence his selection, appraisal or criticism;

(3)                 If he confers or offers or agrees to confer any benefit the acceptance of which would be criminal under subsection (1) and (2) above.

Article 25 Sports bribery

It shall be unlawful for any professional or amateur baseball, football, hockey, basketball, tennis or polo player, boxer or jockey, driver or groom or participant or prospective participant in any sport or game, or manager, coach or trainer of any team or individual participant or prospective participant in any such game, contest or sport to accept, attempt to obtain or to solicit any valuable thing to influence him to lose or try to lose or cause to be lost or to limit his or his team’s margin of victory in a baseball, football, hockey or basketball game or boxing, tennis or polo match, or horse race or any game or sport in which he is taking part, or expects to take part, or has any duty or connection therewith.

Article 26 False advertising.

A person commits the crime of false advertising if, in connection with the promotion of the sale of, or to increase the consumption of, property or services, he recklessly makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons.

Article 27 Bait advertising

(a)    A person commits the crime of bait advertising if he advertises in any manner the sale of property or services with the purpose not to sell or provide the property or services:

(1)   At the price which he offered them;

(2)   In a quantity sufficient to meet the reasonably expected public demand, unless the quantity is specifically stated in the advertisement; or

(3)   At all

Article 28 Defrauding secured creditors.

A person commits the crime of defrauding secured creditors if he destroy, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest with purpose to defraud the holder of the security interest.

Article 29 Penalties

Any person, firm or corporation violating this Ordinance shall be guilty of a misdemeanor and upon conviction be fined in an amount of not less than one dollar ($1.00) and no more than five hundred dollars ($500.00) and the Court costs or be imprisoned or both.

All ordinance or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.

The invalidity of any section, clause, sentence or provision of this Ordinance shall not affect the validity of any other part of this Ordinance, which can be given effect without such invalid part or parts.

This Ordinance shall be in force and effect from and after its passage and approval as provided by law,

First readingAugust 14, 2012

Second readingAugust 14, 2012

Read the two times and passed this 14th day of August 2012.

Approved this 14th day of August 2012

_______________________________________

Jimmy Kithcart, Mayor

ATTEST:

_______________________________________

Michele Gould, City Clerk

Ayes: Kassner, Perkey-Ewing, Becker

Nays: None

This entry was posted in Ordinance. Bookmark the permalink.