TITLE II.  PUBLIC HEALTH, SAFETY AND WELFARE

 

 

CHAPTER 200:  POLICE DEPARTMENT AND FIRE DEPARTMENT

 

 

ARTICLE I.  POLICE DEPARTMENT

 

 

SECTION 200.010:                                  SIZE OF POLICE FORCEPOWERS

 

The Police of the City may be appointed in such numbers, for such times and in such manner as may be prescribed by ordinance.  They shall have power to serve and execute all warrants, subpoenas, writs or other process, and to make arrests in the same manner as the Chief of Police.  They may exercise such powers in areas leased or owned by the municipality outside of the boundaries of such municipality.  The Chief of Police and Policemen shall be conservators of the peace, and shall be active and vigilant in the preservation of good order within the City. (Ord. No. 850 §§13, 5-13-03)

 

Editor's NoteIn the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.

 

 

SECTION 200.020:                                  PERSONNEL, EQUIPMENT AND ORGANIZATIONAPPOINTMENT

AND TERM OF PERSONNEL

 

A.    The Police Department shall have such personnel, property and equipment as may from time to time be authorized by the Board of Aldermen; provided, that the regular Police force of the City shall not exceed a maximum number of ten (10) officers.  The Police Department shall be organized in such matter as shall be provided by the Chief of Police with the approval of the Mayor and City Administrator.

 

B.    The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen, shall appoint the members of the Police force and such other personnel of the Police Department as may be authorized at any time by the Board of Aldermen; and the terms of office or employment may be specified at the time of appointment.  If no term of office or employment is so stated, the appointment will continue until revoked by the Mayor with the consent and approval of the majority of the members of the Board of Aldermen.  (CC 1984 §78.010; Ord. No. 684 §1, 5-14-96; Ord. No. 815 §§12, 6-11-02)

 

 

SECTION 200.030:                                  CHIEF OF POLICEAPPOINTMENTDUTIES

 

A.    The Board of Aldermen shall appoint a qualified person to serve as Chief of Police.

 

B.    The Chief of Police shall be at least twenty-one (21) years of age and shall have the required minimum hours of training for certification by the Department of Public Safety.

 

C.    The Chief of Police shall be responsible to the Mayor, Board of Aldermen and City Administrator and be familiar with Chapter 200 of the La Plata City Code.  The Chief of Police shall be responsible for the proper administration, training, discipline, morale and effective employment of members of the department and for the proper maintenance and use of property and equipment of


§ 200.030                                                                La Plata City Code                                                                           § 200.050

 

the department to the end that all missions and purposes of the department are effectively accomplished.  (CC 1984 §78.020; Ord. No. 816 §§12, 6-11-02; Ord. No. 850 §§13, 5-13-03)

 

Editor's NoteIn the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.

 

 

SECTION 200.035:                                  BASIC TRAINING REQUIREMENTS

 

A.    All newly hired Peace Officers employed by the City of La Plata shall be required to have prescribed hours of training for certification by the Department of Public Safety.

 

B.    The Chief of Police shall notify the Director of the Missouri Department of Public Safety within thirty (30) days of the appointment of a Peace Officer and shall include with such notification a copy of a fingerprint card verified by the Missouri State Highway Patrol pertaining to the results of a criminal background check of the officer appointed and evidence of completion of the training standards required by the State of Missouri.  (Ord. No. 714A §§13, 6-15-99; Ord. No. 763 §§13, 3-13-01; Ord. No. 838 §1, 12-10-02)

 

 

SECTION 200.037:                                  TRAINING EXPENSE FOR POLICE DEPARTMENT

 

A.    Each Police Officer will be given fifteen dollars ($15.00) per in-house training session attended.  Expense allowance will be granted for no more than one (1) in-house training session per month.  Training expense allowance will be paid on an annual basis in conjunction with the first (1st) pay period in December.

 

B.    Police Chief will be responsible for providing to the City Clerk an annual list of officers and the number of training sessions attended to be reimbursed on or before December eighteenth (18th).  (Ord. No. 772 §§III, 7-17-01)

 

 

SECTION 200.040:                                  RULES AND REGULATIONS

 

The Chief of Police shall promulgate rules and regulations for the government of the Police Department and the official conduct of members thereof, and may from time to time, as he/she may

deem advisable, amend such rules and regulations.  Rules and regulations promulgated, when approved by the Mayor and by resolution of the Board of Aldermen, shall be placed on file in the office of the City Clerk, with a copy thereof at Police headquarters for the information of the members of the department.  When such rules and regulations have been promulgated, approved and filed as above provided, it shall be unlawful for any member of the Police Department to violate or fail to comply with any such rule or regulation.  Such rules and regulations may provide, among other things, for ranks and seniority of members of the department, the chain of command and reasonable penalties for violations.  (CC 1984 §78.040)

 

 

SECTION 200.050:                                  AUTHORITY TO MAKE ARRESTS

 

The Chief of Police shall have power at all times to make or order an arrest, with proper process, for any offense against the laws of the City or of the State, and to keep the offender in the City Jail or other proper place to prevent his/her escape until a trail can be had before the proper officer, unless such offender shall give a good and sufficient bond for his/her appearance for trail.  The


§ 200.050                                                                Police Department And Fire Department                                                                            § 200.090

 

Chief of Police shall also have power to make arrests without process, in all cases in which any offenses against the laws of the City or of the State shall be committed in his/her presence.  (CC 1984 §78.050; Ord. No. 850 §§13, 5-13-03)

 

Editor's NoteIn the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.

 

 

SECTION 200.060:                                  TO REPORT VIOLATIONS OF LAWS AND ORDINANCES TO

PROSECUTING OFFICERS

 

In addition to the duties prescribed by Statutes, it shall be the duty of the Chief of Police to report to the City Attorney, Municipal Judge or other proper officer, for prosecution, all persons who may violate any of the City ordinances, and all information and facts coming to his/her knowledge having reference thereto.  (CC 1984 §78.060; Ord. No. 850 §§13, 5-13-03)

 

Editor's NoteIn the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.

 

 

SECTION 200.070:                                  TO GO TO SCENE OF BREACH OF PEACE OR FELONY

 

The Chief of Police shall, without delay, report to any part of the City, in day or night time, when he/she has reason to believe, or is advised, that any breach of the peace or felony has been or is about to be committed, and he/she shall then take such lawful action as may be necessary to prevent any such offense or, if it has been committed, to restore order, and in either case, to apprehend the offender and take him/her into custody.  (CC 1984 §78.070; Ord. No. 850 §§13, 5-13-03)

 

Editor's NoteIn the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.

 

 

SECTION 200.080:                                  PREVENTION OF TRESPASS AND NUISANCES UPON CITY

PROPERTY

 

The Chief of Police shall assign duties to Police Officers in such manner as to prevent trespasses and the commission of nuisances upon property of the City.  (CC 1984 §78.080; Ord. No. 850 §§13, 5-13-03)

 

Editor's NoteIn the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.

 

 

                                                                        ARTICLE II.  FIRE DEPARTMENT

 

 

SECTION 200.090:                                  COMPOSITION

 

The Fire Department shall consist of the Fire Chief and such other members, regular and volunteer, and such property and apparatus, as may from time to time be authorized by the Board of Aldermen.  (CC 1984 §70.010)

 


§ 200.100                                                                La Plata City Code                                                                            § 200.140

 

SECTION 200.100:                                  FIRE CHIEF AS DEPARTMENT HEAD AND COMMANDING OFFICER

 

The Fire Chief shall be Chief of the Fire Department and Commanding Officer of the members thereof.  He/she shall be responsible to the Mayor and Board of Aldermen for the proper administration, training, discipline, morale and effective employment of the members of the department and for the proper maintenance and use of the property and equipment of the department to the end that all missions and purposes of the department are effectively accomplished. 

(CC 1984 §70.020)

 

 

SECTION 200.110:                                  RULES AND REGULATIONS

 

The Fire Chief shall promulgate rules and regulations for the government of the Fire Department and the official conduct of members thereof, and may from time to time, as he/she may deem advisable, amend such rules and regulations.  Rules and regulations so promulgated, when approved by the Mayor and by resolution of the Board of Aldermen, shall be placed on file in the office of the City Clerk, with a copy thereof at fire headquarters for the information of the members of the department.  When such rules and regulations have been promulgated, approved and filed as above provided, it shall be unlawful for any member of the Fire Department to violate or fail to comply with any such rule or regulation.  Such rules and regulations may provide, among other things, for ranks and seniority of members of the department, the chain of command and reasonable penalties for violations.  (CC 1984 §70.030)

 

 

SECTION 200.120:                                  POLICE POWERS OF MEMBERS

 

The Fire Department Officer in command at the scene of any fire or explosion shall have, and may delegate to his/her subordinates, authority to direct traffic and to give orders to bystanders when necessary so to do to prevent interference with Fire Department personnel or apparatus, to protect persons or property or to prevent any disorder, and it shall be unlawful for any vehicle driver or bystander at or near the scene of any fire or explosion to disobey or fail to comply with any lawful order given by a fireman pursuant to authority vested in him/her by this Section; and persons so disobedient or failing to comply with any such order shall be subject to arrest by such fireman, to be held in custody until he/she may be taken before the Municipal Court or Municipal Judge to be dealt with according to law.  (CC 1984 §70.040)

 

 

SECTION 200.130:                                  FIRE CHIEF TO BE IN CHARGE

 

The Fire Chief shall have control of the Fire Department at any fire, or at any practice meeting, and shall have charge of the details of fire practice and control of all fire apparatus belonging to the City, and shall keep the same under his/her control, and keep a record of the same in a book to be kept

by the Fire Department, and nothing belonging to the Fire Department shall at any time be loaned to anyone and he/she shall not permit any person to have any connections made with any fire plug at any time, unless his/her personal charge.  (CC 1984 §70.070)

 

 

SECTION 200.140:                                  ACT TO SAVE PROPERTY

 

The Fire Chief is directed to appoint a suitable person of his/her Fire Department who shall organize with about three (3) members of such department whose special duty and efforts shall be directed at any fires to save all goods, wares, or any personal property from being destroyed by such fire,


§ 200.140                                                                Police Department And Fire Department                                                                             § 200.180

 

and to see that the same is protected after it is saved, whether such personal property is known to be insured or not.  (CC 1984 §70.090)

 

 

SECTION 200.150:                                  TRAINING EXPENSE ALLOWANCE FOR VOLUNTEER FIREFIGHTERS

 

A.    Each volunteer firefighter will be given fifteen dollars ($15.00) per training session attended.  Expense allowance will be granted for no more than two (2) training sessions per month.  Training expense allowance will be paid on an annual basis in conjunction with the first (1st) pay period in December.

 

B.    Fire Chief will be responsible for providing to the City Clerk an annual list of volunteers and the number of training sessions attended to be reimbursed on or before December fifteenth (15th).  (Ord. No. 770 §§III, 4-10-01)

 

 

                                                                        ARTICLE III.  DISPOSAL OF ABANDONED AND SURPLUS PROPERTY

 

 

SECTION 200.160:                                  DEFINITIONS

 

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

 

ABANDONED PROPERTY:  Any such property which has been in the possession of the Police Department for a period of more than one (1) year without having been claimed by any person entitled thereto, including but not limited to weapons, liquor, drugs, vehicles, bicycles, radios and T.V. sets.

 

SURPLUS PROPERTY:  Property belonging to the City which is no longer needed or used, including but not limited to vehicles, major equipment, furniture, office equipment and supplies.  (Ord. No. 06-926, 6-1-06)

 

 

SECTION 200.170:                                  ABANDONED PROPERTY

 

Abandoned property as defined in Section 200.160 of this Article shall be deemed to be forfeited to the City.  (Ord. No. 06-926, 6-1-06)

 

 

SECTION 200.180:                                  AUTHORIZATION AND PROCEDURE TO DISPOSE OF SURPLUS AND

ABANDONED PROPERTY

 

The purchasing agent for the City of La Plata with approval of City Council is hereby authorized to administer and implement the provisions of this Article and to dispose of surplus and abandoned property when no other procedure for disposal is provided by the laws of the State of Missouri in the following manner:

 

1.    Property known and classified as weapons, including but not limited to knives, pistols, shotguns, rifles, clubs, and chains shall be destroyed, except those which, in the judgment of the City Council based on information provided by Chief of Police have antique or unique value or are capable of Police Department use.  Such weapons so converted become the property of the City, and upon documentation by the Chief of Police and approval by the City Administrator, the purchasing agent shall cause said property to be made a part of the Police Department.


§ 200.180                                                                La Plata City Code                                                                    § 200.180

 

2.    Property known and classified as intoxicating or non-intoxicating liquor of any kind shall be destroyed.

 

3.    All property commonly known as drugs or drug paraphernalia of any type shall be destroyed.

 

4.    The proper procedure for destroying abandoned property as identified in Subsections (1, 2, and 3) of this Section shall be as follows:

 

The Chief of Police shall provide a listing to the purchasing agent of all items destroyed.  Such listing shall contain the date of possession, along with a statement of verification co-signed by a witness that the items were destroyed and in what manner so as to make them completely unusable.  The statement shall also include the date on which the items were destroyed.

 

5.    A listing of all surplus property, and other abandoned property excluding those mentioned in Subsections (1, 2 and 3) of this Section, shall be provided to all City Departments.  Upon demonstration by a department head that some or portions of the property contained on the listing can be efficiently and effectively used by that department, and upon authorization in writing from the City Administrator, the purchasing agent shall cause such transfer to be made to that department.

 

6.    All surplus and abandoned property not otherwise disposed of under any other provision of this Section shall be disposed of in any of the following ways:

 

a.     At a public auction held at a time, date and place determined by the City purchasing agent. Notice of the auction shall be published at least once in a newspaper of general circulation in Macon County, Missouri, which publication shall be at least seven (7) days prior to the public auction.  The notice of public auction shall describe the items to be auctioned.  The City's purchasing agent shall issue to such person purchasing any item at such auction a receipt for each item purchased.  The receipt shall describe the item purchased, the name and address of the purchaser, and the amount paid for each item purchased.  A copy of such receipt shall be retained in the records of the City for not less than three (3) years from the date of the auction.  Payment for auctioned items shall be in cash at the close of the auction.  The proceeds from such auction shall be deposited with the general funds of the City.

 

b.     Certain abandoned or surplus property of value which is determined by the City Administrator to be of such a character and use that the general public or businesses generally would not be interested in acquiring the item or items of abandoned or surplus property at a public auction may be sold by the City's purchasing agent at a private negotiated sale to a purchaser at the best price obtainable.  Prior to any sale pursuant to this Subparagraph (b) the City Administrator shall certify, in writing, to the City's purchasing agent that the described item of abandoned or surplus property, because of its character or use, is of no interest to the general public or businesses generally, and directing the City's purchasing agent to sell such item or items at a negotiated sale.  A copy of such certification by the City Administrator shall be forthwith transmitted to the Mayor and each Alderman of the City.  No negotiated sale of such item or items shall be concluded less than ten (10) days subsequent to the receipt of such certification by the City's purchasing agent.  The City's purchasing agent is hereby authorized to execute all sale documents on behalf of the City.  All certifications and sale documents shall remain a part of the City's records for not less than three (3) years.  All proceeds of such negotiated sale shall be deposited in the General Fund of the City.

 


§ 200.180                                                                Police Department And Fire Department                                                                            § 200.180

 

c.     Certain abandoned or surplus property whose value is determined by the City Administrator to be of such de minimis or limited value as to not be efficiently sold at a public auction may be sold by the City's purchasing agent at a private negotiated sale to a purchaser at a price or for a service as is best obtainable.  Prior to any sale pursuant to this Subsection (c), the City Administrator shall certify, in writing, to the City's purchasing agent that the described item of abandoned or surplus property, because of its de minimis or limited value is not able to be efficiently sold at public auction and directing the City's purchasing agent to sell such item or items at a negotiated sale to a purchaser at a price or for such service as is best obtainable.  A copy of such certification by the City Administrator shall be forthwith transmitted to the Mayor and each Alderman of the City.  No negotiated sale of such item or items shall be concluded less than ten (10) days subsequent to the receipt of such certification by the City's purchasing agent.  The City's purchasing agent is hereby authorized to execute all sale documents on behalf of the City.  All certifications and sale documents shall remain a part of the City's records for not less than three (3) years.  Any proceeds of such negotiated sale shall be deposited in the General Fund of the City.

 

7.    Items which cannot be readily sold, may be sold as scrap by the purchasing agent as approved by the City Administrator.  (Ord. No. 06-926, 6-1-06)

 


 

 


 

 

                                                                        CHAPTER 205:  ANIMAL REGULATIONS

 

 

                                                                        ARTICLE I.  DOGS AND CATS

 

 

SECTION 205.010:                                  DEFINITIONS

 

The following words when used in this Chapter shall be held and construed to have the meanings set out herein:

 

DOGS OR CATS:  All animals of the canine or feline species, both male and female.

 

OWNER OR KEEPER:  Any person having a right of property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in his/her care, or acts as its custodian, or who knowingly permits a dog or cat to remain on or about any premises owned or occupied by him/her.

 

PIT BULL DOG:  Any and all of the following dogs:

 

1.            The Staffordshire Bull Terrier breed of dogs.

 

2.            The American Staffordshire Terrier breed of dogs.

 

3.            The American Pit Bull Terrier breed of dogs.

 

4.            Dogs which have the appearance and characteristics of being predominately of the breeds of the dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier.

 

PUBLIC NUISANCES:  Any dog which molests passersby, barks, whines, or howls in an excessive fashion shall constitute a public nuisance.

 

RUNNING AT LARGE:  Suffer­ing a dog or cat to be off the private premises of the owner or keeper, or his/her agent or servant, and not on a leash or confined to the arms, motor vehicle, trailer or other con­veyance of the owner or keeper or his/her agent or servant.

 

SERIOUS PHYSICAL INJURY:  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.

 

TRESPASSER:  A person upon the premises of the owner or keeper of the dog in question without license or privilege to be upon said premises.

 

UNRESTRAINED DOG:  Any dog running at large, or, a dog on the premises of its owner or keeper but not confined to said premises by a leash, fence, structure or other means, that would prevent the dog from leaving such premises.

 

VICIOUS DOG:  Any of the following dogs:

 

1.            Any dog, whether or not running at large, and whether or not unrestrained, that without provocation has bitten any person not a trespasser causing serious physical injury to that person.

 

 


§ 205.010                                                                La Plata City Code                                                                                  § 205.040

 

2.            Any unrestrained dog, whether or not running at large, that without provocation has attempted to bite any person not a trespasser which would cause serious physical injury to that person.

 

3.            Any unrestrained dog, whether or not running at large, that without provocation has placed any person not a trespasser in apprehension of immediate serious physical injury.

 

4.            Any dog that has killed another dog, cat or other domestic animal without provocation.

 

5.            Any pit bull dog.  (CC 1984 §73.200)

 

 

SECTION 205.020:                                  VACCINATION AND TAG

The owner or keeper of any dog or cat in the City of La Plata is here­by required to have such animals vaccinated against rabies by a licensed veterinarian and to procure a certificate of such vaccin­ation and tag from the veterinarian and to present such certificate to the City Clerk on or before May first (1st) of each year.  It shall be unlawful for the owner or keeper of any dog or cat to permit such animal to remain in the City of La Plata unless wearing the vaccination tag above provided for herein. 

 

 

SECTION 205.025:                                  NUISANCE

 

Animals which constitute a public nuisance shall be impounded by personnel authorized to do so.  (CC 1984 §73.240)

 

 

SECTION 205.030:                                  RUNNING AT LARGE PROHIBITEDIMPOUNDMENT

It shall be unlawful for the owner or keeper of any dog or cat to permit the same to run at large within the City of La Plata at any time.  Any dog or cat found without the vaccination tag provided in Section 205.020, and any dog or cat found running at large shall be impoun­ded.  Such notice shall impose upon the owner a penalty not less than twenty-five dollars ($25.00).  (Ord. No. 778 §§12, 6-12-01)

 

 

SECTION 205.035:                                  DOG BITE

 

It shall be unlawful for the owner of any animal or any person harboring an animal when notified that such animal has bitten any person to sell or give away such animal or to permit or allow such animal to be taken beyond the limits of the City for a period of not less than fifteen (15) days after the date that such animal has so bitten or injured any person, except under the care of a licensed veterinarian.  (CC 1984 §73.230)

 

 

SECTION 205.040:                                  VICIOUS DOGS PROHIBITEDEXCEPTIONSIMPOUNDMENT

 

It shall be unlawful to own, keep, or harbor a vicious dog in the City of La Plata except in accordance with the following provisions:

 

1.            Leash and muzzle.  No person shall permit a vicious dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length.  No person shall permit a vicious dog to be kept on a chain, rope or other type of leash outside its kennel or pen


§ 205.040                                                                Animal Regulations                                                                                 § 205.070

 

unless a person is in physical control of the leash.  Such dogs may not be leashed to inanimate objects such as trees, posts, or buildings.  In addition, all vicious dogs on a leash outside its kennel or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.

 

2.            Confinement.  All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided.  Such pen, kennel or structure must have secure sides and a secure top attached to the sides.  All structures used to confine vicious dogs must be locked with a key or combination lock when such dogs are within the structure.  Said structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be imbedded in the ground no less than two (2) feet.  Also such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

 

3.            Confinement indoors.  No vicious dog may be kept on a porch, patio or any part of a house or structure that would allow the dog to exit such building on its own volition.  In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.

 

4.            Signs.  All owners, keepers or harborers of vicious dogs within the City shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog".  In addition, a similar sign is required to be posted on the kennel or pen of such dog. 

 

SECTION 205.050:                                  DUTY TO IMPOUND

 

It shall be the duty of the Chief of Police, the City Police, and any other person of the City of La Plata, especially designated by the Board of Aldermen and the Mayor for such purpose, to take up any dog or cat without the vaccination tag provided in Section 205.020, any dog or cat running at large, or any vicious dog in violation of Section 205.040 above, and to impound the same.  In effecting the capture of any dog or cat, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method. 

 

 

SECTION 205.060:                                  COST OF IMPOUNDMENT

Any officer performing duties under this Chapter shall be compen­sated from the City Treasury as provided from time to time by the Board of Aldermen.  Such officer shall account to the City for all sums collected from owners or keepers under this Chapter, and pay same into the City Treasury.  Costs of feeding and keep­ing dogs or cats impounded shall be paid from the City Treasury. 

 

 

SECTION 205.070:                                  NOTICE OF IMPOUNDMENT

 

Every officer impounding a dog or cat under this Chapter shall, within twenty-four (24) hours after such impounding, enter upon a registry open to the public, and in plain public view for three (3) days at the City Hall of the City, a description of such dog or cat, including breed, color, and approximate size, and the date apprehended, and if the owner or keeper is known, the name and address of such owner or keeper; or the owner or keeper shall be given actual notice of the impoundment of such dog or cat before disposition of such dog or cat.  (CC 1984 §73.250)

 

 


§ 205.075                                                                La Plata City Code                                                                           § 205.110

 

SECTION 205.075:                                  NOTICE ALTERNATIVE

 

In lieu of impounding an animal found at large, the appropriate City personnel may issue to the known owner a notice or ordinance violation.  Such notice shall impose upon the owner a penalty not less than twenty-five dollars ($25.00) which shall be paid to the City Clerk to satisfy the assessed penalty.  (CC 1984 §73.260; Ord. No. 778 §§34, 6-12-01)

 

 

SECTION 205.080:                                  REIMBURSEMENT OF COSTS

 

The owner or keeper of any dog or cat impounded under this Chapter may reclaim the same by paying to the Chief of Police, Police Officer, or other official especially designated to receive the same, a sum sufficient to reimburse the City for its costs in impounding such dog or cat and keeping it impounded. 

 

1.    For each offense, the owner shall pay a fee of not less than twenty-five dollars ($25.00) plus seven dollars ($7.00) for each animal, each day the animal has been impounded.  (CC 1984 §73.250; Ord. No. 636 §2, 9-17-91; Ord. No. 778 §§56, 6-12-01)

 

 

SECTION 205.090:                                  TERM OF IMPOUNDMENT

 

It shall be the duty of any officer impounding any dog or cat under this Chapter to keep the same impounded for a period of three (3) days, unless such dog or cat shall be reclaimed by his/her owner or keeper under Section 205.080 of this Chapter.  If, after the expiration of three (3) days from the date of such impoundment, such dog or cat shall not have been reclaimed, the same shall be disposed of or destroyed in a humane manner.  (Ord. No. 734 §§12, 5-9-00)

 

 

SECTION 205.100:                                  REDEMPTION OF IMPOUNDED DOGSPROOF OF RABIES VACCINE

 

Any dog picked up by the Animal Control Officer and impounded must show proof of rabies vaccine to retrieve the animal from impoundment.  (Ord. No. 607 §1, 12-12-89)

 

 

SECTION 205.110:                                  ANIMAL NEGLECT OR ABANDONMENT

 

A.    A person is guilty of animal neglect when he/she has custody or ownership or both of an animal and fails to provide adequate care or adequate control which results in substantial harm to the animal.

 

B.    A person is guilty of animal abandonment when he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.

 

C.    Animal neglect or animal abandonment are ordinance violations. For a first (1st) offense of either violation, a term of imprisonment, not to exceed fifteen (15) days or a fine, not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. For a second (2nd)


§ 205.110                                                                Animal Regulations                                                                                 § 205.130

 

or subsequent violation of either offense, a term of imprisonment, not to exceed ninety (90) days or a fine, not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. All fines and penalties for a first (1st) conviction of animal neglect or animal abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived. 

 

D.    In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or animal abandonment to pay all reasonable costs and expenses necessary for:

 

1.            The care and maintenance of neglected or abandoned animals within the person's custody or ownership;

 

2.            The disposal of any dead or diseased animals within the person's custody or ownership;

 

3.            The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and

 

4.            The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.

 

 

SECTION 205.120:                                  ANIMAL ABUSE

 

A.    A person is guilty of animal abuse when a person:

 

1.    Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of Sections 578.005 to 578.023 and 273.030, RSMo.;

 

2.    Purposely or intentionally causes injury or suffering to an animal; or

 

3.    Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.

 

B.    For purposes of this Section, "animal" shall be defined as a mammal. 

 

NoteUnder certain circumstances this offense can be a felony under state law.

 

 

                                                                        ARTICLE II.  ANIMALS AND FOWL

 

 

SECTION 205.130:                                  CERTAIN STOCK NOT PERMITTED TO RUN AT LARGE

 

It shall be unlawful for the owner of any animal of the species of horse, mule, ass, cattle, swine, sheep or goat, in this City, to permit the same to run at large outside the enclosure of the owner of such stock.  (CC 1984 §73.010)

 

 


§ 205.140                                                                La Plata City Code                                                                           § 205.170

 

SECTION 205.140:                                  IMPOUNDMENT OF ANIMALS UNLAWFULLY AT LARGE

BY CHIEF OF POLICENOTICE TO OWNER

 

It is hereby made the duty of the Chief of Police, whenever he/she shall see or be notified that any animal of the species heretofore mentioned is running at large contrary to any of the provisions of this Article, to take up and impound and safely keep such animal, and if the owner be known to the Chief of Police he/she shall give notice of such taking up to the owner of the animal so taken up, either verbally or in writing, or if the owner of the animal so taken up be not known, the Chief of Police shall, immediately upon taking up such animal, post written notices in four (4) public places in this City containing a description of the animal so taken up and the time when and place where such animal was found to be at large.  (CC 1984 §73.020; Ord. No. 850 §§13, 5-13-03)

 

Editor's NoteIn the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.

 

 

SECTION 205.150:                                  IMPOUNDMENT FEES AND EXPENSE OF CARING FOR ANIMALS

 

For each animal taken up and impounded by the Chief of Police, according to the provisions of this Article, he/she shall be entitled to and collect from the owner, or from the person entitled to the possession thereof, the sum of ten dollars ($10.00).  The amount so collected by the Chief of Police shall be turned over to the Treasurer, for the use of the City, and in addition to the amount aforesaid, the Chief of Police shall collect from the owner, or the person entitled to possession of such stock, an amount equal to the cost of caring for, feeding and advertising such stock.  (CC 1984 §73.030; Ord. No. 850 §§13, 5-13-03)

 

Editor's NoteIn the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.

 

 

SECTION 205.160:                                  IMPOUNDMENTSALE OF UNREDEEMED ANIMALS AND

DISPOSITION OF PROCEEDS

 

If the owner of any animal taken up and impounded under the provisions of this Article be unknown after three (3) days' diligent inquiry by the Chief of Police, or if the person entitled to the possession of any animal taken up under the provisions of this Article, shall not within three (3) days after receiving notice as provided for in this Article redeem such animal by paying all costs and penalties of taking up and keeping it, the animal shall be sold as hereinafter provided.  It is hereby made the duty of the Chief of Police to advertise for sale any animal that shall have been taken up by him/her under the provisions of this Article, and that remains unredeemed at the end of three (3) days, as heretofore provided for, by posting in four (4) public places in this City, that such animal will be sold at public auction, to the highest bidder, giving at least fifteen (15) days' notice of the sale.  After paying all the cost for taking up, caring for and sale of any animal according to the provisions of this Article, the balance from such sale, if any, shall be turned over to the Treasurer, subject to the order of the owner of such stock, if called for within twelve (12) months after the date of sale, but if not called for, the balance shall be turned into the Street Fund of this City. 

(CC 1984 §73.040)

 

 

SECTION 205.170:                                  IMPOUNDMENTDISPOSITION OF ANIMALS NOT SOLD

 

Animals taken up and impounded and which are not redeemed by their owners or sold as provided


§ 205.170                                                                Animal Regulations                                                                                 § 205.210

 

in this Article may be released to any responsible person upon his/her applications, or may be destroyed in a humane manner.  (CC 1984 §73.050; Ord. No. 850 §§13, 5-13-03)

 

Editor's NoteIn the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.

 

 

SECTION 205.180:                                  GRAZING ON STREETS, SIDEWALKS AND PUBLIC PLACES

 

A.    It shall be unlawful for any person to tie or stake out, or hitch or herd for the purpose of grazing, any animal of the species named in Section 205.130 in such manner that the animal could go upon any public street, sidewalk or public place; provided, that any person who desires to stake out any such animal for the purpose of grazing may apply to the City Clerk for a permit so to do, and such permit may be granted under such terms and conditions as may be prescribed by resolution or order of the Board of Aldermen.

 

B.    It is hereby made the duty of the Chief of Police, whenever he/she has notice of a violation of Subsection (A) of this Section, to immediately take charge of such animal and treat it in all respects as though it were found running at large, as heretofore provided in this Article.  (CC 1984 §73.060; Ord. No. 850 §§13, 5-13-03)

 

Editor's NoteIn the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.

 

 

SECTION 205.190:                                  POULTRY AND OTHER FOWL NOT TO BE AT LARGEENCLOSURES

 

It shall be unlawful for any person owning, in charge of or keeping any poultry or other fowl to permit any such fowl to run at large within the City; and all such fowl shall be kept within enclosures of sufficient mesh and height to prevent them from running at large.  (CC 1984 §73.070)

 

 

SECTION 205.200:                                  ENCLOSURES

 

Each stable, corral, pen, coop or other place where any animal or fowl is kept shall be so constructed that the animal or fowl cannot escape therefrom except when the door or other exit is left open.  Each place where an animal or fowl is kept shall at all times be maintained in a clean and sanitary condition, free of solid and liquid refuse and free of offensive odors; and any place where an animal or fowl is kept and which is maintained contrary to this Section shall be deemed to be a nuisance.  (CC 1984 §73.080)

 

 

SECTION 205.210:                                  DISPOSITION OF CARCASSES

 

Every person owning or caring for any animal or fowl that has died from any cause shall dispose of the body thereof within twenty-four (24) hours after knowledge of such death, either to a person  licensed to dispose of or transport it, or by the owner or person entitled to such body, causing the same to be buried within that time upon his/her own or any other lawfully available premises, and any such body shall be buried to such a depth that no part thereof shall be nearer than four (4) feet to the natural surface of the ground and every part of such body shall be covered with at least four (4) feet of earth in addition to any other materials that may be used for that purpose; provided, that any person so owning or controlling any dead animal, that has not died of a contagious disease, shall


§ 205.210                                                                La Plata City Code                                                                           § 205.210

 

have the right to remove the hide or skin thereof on his/her own premises before burying such body as herein prescribed, but such skinning must be done and the disposition of such hide, or skin and body must be made in a manner that will avoid the creation of any nuisance.  If an animal or fowl be not in the possession or custody of any person at the time of its death, or if its owner or person caring therefor be not known, the carcass shall be removed by the Chief of Police.  (CC 1984 §73.090; Ord. No. 850 §§13, 5-13-03)

 

Editor's NoteIn the City election April 8, 2003, the voters elected to have an appointed Chief of Police as set out in Section 200.030 of this Code.)

 

 


 

 

                                                                        CHAPTER 210:  OFFENSES

 

 

                                                                        ARTICLE I.  GENERALLY

 

 

SECTION 210.005:                                  DEFINITIONS

 

In this Chapter, unless the context requires a different definition, the following shall apply:

 

AFFIRMATIVE DEFENSE:  Has the meaning specified in Section 556.056, RSMo.

 

BURDEN OF INJECTING THE ISSUE:  Has the meaning specified in Section 556.051, RSMo.

 

COMMERCIAL FILM AND PHOTOGRAPHIC PRINT PROCESSOR:  Any person who develops exposed photographic film into negatives, slides or prints, or who makes prints from negatives or slides, for compensation.   The term "commercial film and photographic print processor" shall include all employees of such persons but shall not include a person who develops film or makes prints for a public agency.

 

CONFINEMENT:

 

1.            A person is in confinement when he/she is held in a place of confinement pursuant to arrest or order of a court, and remains in confinement until:

 

a.     A court orders his/her release; or

 

b.     He/she is released on bail, bond, or recognizance, personal or otherwise; or

 

c.     A public servant having the legal power and duty to confine him/her authorizes his/her release without guard and without condition that he/she return to confinement;

 

2.    A person is not in confinement if:

 

a.     He/she is on probation or parole, temporary or otherwise; or

 

b.     He/she 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 him/her to or from a place of confinement;

 

CONSENT:  Consent or lack of consent may be expressed or implied.  Assent does not constitute consent if:

 

1.            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

 

2.    It is given by a person who by reason of youth, mental disease or defect, or intoxication, 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

 

3.    It is induced by force, duress or deception.


§ 210.005                                                                La Plata City Code                                                                           § 210.005

 

CRIMINAL NEGLIGENCE:  Has the meaning specified in Section 562.016, RSMo.

 

CUSTODY:  A person is in custody when he/she has been arrested but has not been delivered to a place of confinement.

 

DANGEROUS FELONY:  The felonies of arson in the first (1st) degree, assault in the first (1st) degree, forcible rape, forcible sodomy, kidnapping, murder in the second (2nd) degree and robbery in the first (1st) degree.

 

DANGEROUS INSTRUMENT:  Any instrument, article or substance, which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury.

 

DEADLY WEAPON:  Any firearm, loaded or unloaded, or any weapon from which a shot, readily capable of producing death or serious physical injury, may be discharged, or a switchblade knife, dagger, billy, blackjack or metal knuckles.

 

FELONY:  Has the meaning specified in Section 556.016, RSMo.

 

FORCIBLE COMPULSION:  Means either:

 

1.            Physical force that overcomes reasonable resistance; or

 

2.    A threat, express or implied, that places a person in reasonable fear of death, serious physical injury or kidnapping of himself/herself or another person.

 

INCAPACITATED:  That physical or mental condition, temporary or permanent, in which a person is unconscious, unable to appraise the nature of his/her conduct, or unable to communicate unwillingness to an act.  A person is not "incapacitated" with respect to an act committed upon him/her if he/she became unconscious, unable to appraise the nature of his/her conduct or unable to communicate unwillingness to an act, after consenting to the act.

 

INFRACTION:  Has the meaning specified in Section 556.021, RSMo.

 

INHABITABLE STRUCTURE:  Has the meaning specified in Section 569.010, RSMo.

 

KNOWINGLY:  Has the meaning specified in Section 562.016, RSMo.

 

LAW ENFORCEMENT OFFICER:  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.

 

MISDEMEANOR:  Has the meaning specified in Section 556.016, RSMo.

 

OFFENSE:  Any felony, misdemeanor or infraction.

 

PHYSICAL INJURY:  Physical pain, illness, or any impairment of physical condition.

 

PLACE OF CONFINEMENT:  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.

 

POSSESS OR POSSESSED:  Having actual or constructive possession of an object with knowledge of its presence.  A person has actual possession if he/she has the object on his/her person or within


§ 210.005                                                                Offenses                                                                           § 210.010

 

easy reach and convenient control.  A person has constructive possession if he/she 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.

 

PUBLIC SERVANT:  Any person employed in any way by a government of this State who is compensated by the government by reason of his/her employment.  It includes, but is not limited to, legislators, jurors, members of the judiciary and Law Enforcement Officers.  It does not include witnesses.

 

PURPOSELY:  Has the meaning specified in Section 562.016, RSMo.

 

RECKLESSLY:  Has the meaning specified in Section 562.016, RSMo.

 

RITUAL OR CEREMONY:  An act or series of acts performed by two (2) or more persons as part of an established or prescribed pattern of activity.

 

SERIOUS EMOTIONAL INJURY:  An injury that creates a substantial risk of temporary or permanent medical or psychological damage, manifested by impairment of a behavioral, cognitive or physical condition.  "Serious emotional injury" shall be established by testimony of qualified experts upon the reasonable expectation of probable harm to a reasonable degree of medical or psychological certainty.

 

SERIOUS PHYSICAL INJURY:  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.

 

SEXUAL CONDUCT:  Acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification.

 

SEXUAL CONTACT:  Any touching of the genitals or anus of any person, or the breast of any female person, or any such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person.

 

SEXUAL PERFORMANCE:  Any performance, or part thereof, which includes sexual conduct by a child who is less than seventeen (17) years of age.

 

VOLUNTARY ACT:  Has the meaning specified in Section 562.011, RSMo.

 

 

                                                                        ARTICLE II.  OFFENSES AGAINST THE PERSON

 

 

SECTION 210.010:                                  ASSAULT

 

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;


§ 210.010                                                                La Plata City Code                                                                           § 210.030

 

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.

 

 

SECTION 210.020:                                  ASSAULT OF A LAW ENFORCEMENT OFFICER

 

A person commits the offense of assault of a Law Enforcement Officer if:

 

1.            He/she attempts to cause or recklessly causes physical injury to a Law Enforcement Officer;

 

2.    With criminal negligence he/she causes physical injury to a Law Enforcement Officer by means of a deadly weapon;

 

3.    He/she purposely places a Law Enforcement Officer in apprehension of immediate physical injury;

 

4.    He/she recklessly engages in conduct which creates a grave risk of death or serious physical injury to a Law Enforcement Officer; or

 

5.    He/she knowingly causes or attempts to cause physical contact with a Law Enforcement Officer without the consent of the Law Enforcement Officer. 

 

 

SECTION 210.030:                                  HARASSMENT     

 

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. 

 

 


§ 210.040                                                                Offenses                                                                           § 210.060

 

SECTION 210.040:                                  FALSE IMPRISONMENT    

 

A person commits the offense of false imprisonment if he/she knowingly restrains another unlawfully and without consent so as to interfere substantially with his/her liberty. 

 

              NoteUnder certain circumstances this offense can be a felony under state law.

 

 

SECTION 210.050:                                  ENDANGERING THE WELFARE OF A CHILD

 

A.    A person commits the offense of endangering the welfare of a child if:

 

1.    He/she with criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen (17) years old;

 

2.    He/she knowingly encourages, aids or causes a child less than seventeen (17) years old to engage in any conduct which causes or tends to cause the child to come within the provisions of Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.;

 

3.    Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years old, he/she recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him/her from coming within the provisions of Paragraph (c) of Subdivision (1) of Subsection (1) or Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.; or

 

4.    He/she knowingly encourages, aids or causes a child less than seventeen (17) years of age to enter into any room, building or other structure which is a public nuisance as defined in Section 195.130, RSMo.

 

B.    Nothing in this Section shall be construed to mean the welfare of a child is endangered for the sole reason that he/she is being provided non-medical remedial treatment recognized and permitted under the laws of this State. 

 

              NoteUnder certain circumstances this offense can be a felony under state law.

 

 

                                                                        ARTICLE III. OFFENSES CONCERNING ADMINISTRATION OF JUSTICE

 

 

SECTION 210.060:                                  CONCEALING AN OFFENSE

 

A person commits the offense of concealing an offense if:

 

1.    He/she confers or agrees to confer any pecuniary benefit or other consideration to any person in consideration of that person's concealing of any offense, refraining from initiating or aiding in the prosecution of an offense, or withholding any evidence thereof; or                                                                                                      

 


§ 210.060                                                                 La Plata City Code                                                                           § 210.100

 

2.    He/she accepts or agrees to accept any pecuniary benefit or other consideration in consideration of his/her concealing any offense, refraining from initiating or aiding in the prosecution of an offense, or withholding any evidence thereof. 

 

              NoteUnder certain circumstances this offense can be a felony under state law.

 

 

SECTION 210.070:                                  HINDERING PROSECUTION

 

A person commits the offense of hindering prosecution if for the purpose of preventing the apprehension, prosecution, conviction or punishment of another for conduct constituting a crime he/she:

 

1.    Harbors or conceals such person;

 

2.    Warns such person of impending discovery or apprehension, except this does not apply to a warning given in connection with an effort to bring another into compliance with the law;

 

3.    Provides such person with money, transportation, weapon, disguise or other means to aid him/her in avoiding discovery or apprehension; or

 

4.    Prevents or obstructs, by means of force, deception or intimidation, anyone from performing an act that might aid in the discovery or apprehension of such person. 

 

              NoteUnder certain circumstances this offense can be a felony under state law.

 

 

SECTION 210.080:                                  REFUSAL TO IDENTIFY AS A WITNESS

 

A person commits the offense of refusal to identify as a witness if, knowing he/she has witnessed any portion of a crime, or of any other incident resulting in physical injury or substantial property damage, upon demand by a Law Enforcement Officer engaged in the performance of his/her official duties, he/she refuses to report or gives a false report of his/her name and present address to such officer. 

 

 

SECTION 210.090:                                  DISTURBING A JUDICIAL PROCEEDING

 

A person commits the offense of disturbing a judicial proceeding if, with purpose to intimidate a judge, attorney, juror, party or witness, and thereby to influence a judicial proceeding, he/she disrupts or disturbs a judicial proceeding by participating in an assembly and calling aloud, shouting, or holding or displaying a placard or sign containing written or printed matter, concerning the conduct of the judicial proceeding, or the character of a judge, attorney, juror, party or witness engaged in such proceeding, or calling for or demanding any specified action or determination by such judge, attorney, juror, party or witness in connection with such proceeding. 

 

 

SECTION 210.100:                                  TAMPERING WITH A WITNESSTAMPERING WITH A VICTIM

 

A.    A person commits the offense of tampering with a witness if, with purpose to induce a witness or a prospective witness in an official proceeding to disobey a subpoena or other legal process, or to


§ 210.100                                                                Offenses                                                                           § 210.120

 

absent himself/herself or avoid subpoena or other legal process, or to withhold evidence, information or documents, or to testify falsely, he/she:

    

1.    Threatens or causes harm to any person or property;

 

2.    Uses force, threats or deception;

   

3.    Offers, confers or agrees to confer any benefit, direct or indirect, upon such witness; or

   

4.    Conveys any of the foregoing to another in furtherance of a conspiracy.

    

B.    A person commits the offense of "victim tampering" if, with purpose to do so, he/she prevents or dissuades or attempts to prevent or dissuade any person who has been a victim of any crime or a person who is acting on behalf of any such victim from:

    

1.    Making any report of such victimization to any Peace Officer, or State, local or Federal Law Enforcement Officer or prosecuting agency or to any judge;

   

2.    Causing a complaint, indictment or information to be sought and prosecuted or assisting in the prosecution thereof; or

    

3.    Arresting or causing or seeking the arrest of any person in connection with such victimization.      

              NoteUnder certain circumstances this offense can be a felony under state law.

 

 

SECTION 210.110:                                  IMPROPER COMMUNICATION

 

A person commits the offense of improper communication if he/she communicates, directly or indirectly, with any juror, special master, referee, or arbitrator in a judicial proceeding, other than as part of the proceedings in a case, for the purpose of influencing the official action of such person.

 

SECTION 210.120:                                  FALSE IMPERSONATION

 

A person commits the offense of false impersonation if he/she:

    

1.    Falsely represents himself/herself to be a public servant with purpose to induce another to submit to his/her pretended official authority or to rely upon his/her pretended official acts, and

    

a.     Performs an act in that pretended capacity; or

    

b.     Causes another to act in reliance upon his/her pretended official authority.

 

2.    Falsely represents himself/herself to be a person licensed to practice or engage in any profession for which a license is required by the laws of this State with purpose to induce another to rely upon such representation, and

    

a.     Performs an act in that pretended capacity; or

    

b.     Causes another to act in reliance upon such representation. 

 


§ 210.125                                                                La Plata City Code                                                                           § 210.140

 

SECTION 210.125:                                  CITY OFFICERS AND EMPLOYEESINTERFERING WITH, ETC.

 

No person shall carelessly or willfully interfere with, hinder or obstruct any officer or employee of the City who is engaged in, en route to or returning from, the performance of official duty, whether such interference, hindrance or obstruction be by threat, assault or otherwise.  No person shall rescue or attempt to rescue any person held in custody of any Police Officer of the City. 

(CC 1984 §79.070)

 

 

SECTION 210.130:                                  FALSE REPORTS

 

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;

 

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.

 

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.

 

C.    The defendant shall have the burden of injecting the issue of retraction under Subsection (B) of this Section. 

 

 

SECTION 210.140:                                  RESISTING OR INTERFERING WITH ARREST

 

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, 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; or

 

2.    Interferes with the arrest, stop or detention of another person by using or threatening the use of violence, physical force or physical interference.

 

B.    This Section applies to arrests, stops or detentions with or without warrants and to arrests, stops or detentions for any crime, infraction or ordinance violation.

 


§ 210.140                                                                Offenses                                                                           § 210.180

 

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.  

 

              NoteUnder certain circumstances this offense can be a felony under state law.

 

 

SECTION 210.150:                                  ESCAPE OR ATTEMPTED ESCAPE FROM CUSTODY

 

A person commits the offense of escape from custody or attempted escape from custody if, while being held in custody after arrest for any crime or offense, he/she escapes or attempts to escape from custody. 

 

              NoteUnder certain circumstances this offense can be a felony under state law.

 

 

                                                                        ARTICLE IV.  OFFENSES CONCERNING PUBLIC SAFETY

 

 

SECTION 210.160:                                  ABANDONMENT OF AIRTIGHT OR SEMI-AIRTIGHT CONTAINERS

 

A.    A person commits the offense of abandonment of 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. 

 

 

SECTION 210.170:                                  LITTERING  

 

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. 

 

 

SECTION 210.180:                                  LITTERING VIA CARCASSES  

 

A.    If any person or persons shall put any dead animal, carcass or part thereof, the offal or any other filth into any well, spring, brook, branch, creek, pond, or lake, every person so offending shall, on


§ 210.180                                                                La Plata City Code                                                                           § 210.210

 

conviction thereof, be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).

    

B.    If any person shall remove, or cause to be removed and placed in or near any public road or highway, or upon premises not his/her own, or in any river, stream or watercourse any dead animal, carcass or part thereof, or other nuisance, to the annoyance of the citizens of this City, or any of them, every person so offending shall, upon conviction thereof, be fined for every offense not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), and if such nuisance be not removed within three (3) days thereafter, it shall be deemed a second (2nd) offense against the provisions of this Section. 

 

 

SECTION 210.190:                                  CORRUPTING OR DIVERTING WATER SUPPLY  

 

Whoever willfully or maliciously poisons, defiles or in any way corrupts the water of a well, spring, brook or reservoir used for domestic or municipal purposes, or whoever willfully or maliciously diverts, dams up and holds back from its natural course and flow any spring, brook or other water supply for domestic or municipal purposes, after said water supply shall have once been taken for use by any person or persons, corporation, town or City for their use, shall be adjudged guilty of a misdemeanor, and punished by a fine not less than fifty dollars ($50.00), nor more than five hundred dollars ($500.00), or by imprisonment in the City or County Jail not exceeding ninety (90) days, or by both such fine and imprisonment, and shall be liable to the party injured for three (3) times the actual damage sustained, to be recovered by suit at law. 

 

 

SECTION 210.200:                                  ABANDONING MOTOR VEHICLE

 

A person commits the offense of abandoning a motor vehicle if he/she abandons any motor vehicle on the right-of-way of any public road or State highway or on or in any of the waters in this State 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 any political subdivision 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. 

 

 

                                                                        ARTICLE V.  OFFENSES CONCERNING PUBLIC PEACE

 

 

SECTION 210.210:                                  PEACE DISTURBANCE

 

A person commits the offense of peace disturbance if:

 

1.    He/she unreasonably and knowingly disturbs or alarms another person or persons by:

 

a.     Loud noise;

 

b.     Offensive language addressed in a face-to-face manner to a specific individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient;

 

c.     Threatening to commit a felonious act against any person under circumstances which are likely to cause a reasonable person to fear that such threat may be carried out;


§ 210.210                                                                Offenses                                                                           § 210.240

 

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 or persons 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. 

 

 

SECTION 210.220:                                  PRIVATE PEACE DISTURBANCE

 

A person commits the offense of private peace disturbance if he/she is on private property and unreasonably and purposely causes alarm to another person or persons on the same premises by:

 

1.    Threatening to commit a crime or offense against any person; or

 

2.    Fighting. 

 

 

SECTION 210.230:                                  PEACE DISTURBANCE DEFINITIONS

 

For the purposes of Sections 210.210 and 210.220 the following words shall have the meanings set out herein:

 

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.

 

If a building or structure is divided into separately occupied units, such units are separate premises. 

 

SECTION 210.240:                                  WEAPONSCARRYING CONCEALEDOTHER 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; or

 

4.    Carries a firearm or any other weapon readily capable of lethal use.

 


§ 210.240                                                                La Plata City Code                                                                           § 210.245

 

B.    Subparagraphs (1), (2) and (4) 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) and (4) 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. 

 

 

SECTION 210.245:                                  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

 


§ 210.245                                                                Offenses                                                                           § 210.290

 

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. 

 

 

SECTION 210.250:                                  DISCHARGING AIR GUN, ETC.

 

Any person within the limits of this City, who shall discharge any BB gun, spring gun or air gun, or shall shoot any pebble, bullet, slug or other hard substance by means of a sling, crossbow, rubber band or bow or any other means shall be deemed guilty of a misdemeanor. 

 

 

SECTION 210.260:                                  UNLAWFUL ASSEMBLY     

 

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. 

    

 

SECTION 210.270:                                  RIOTING

 

A person commits the offense of rioting 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, and thereafter, while still so assembled, does violate any of said laws with force or violence. 

 

 

SECTION 210.280:                                  REFUSAL TO DISPERSE     

 

A person commits the offense of refusal to disperse if, being present at the scene of an unlawful assembly, or at the scene of a riot, he/she knowingly fails or refuses to obey the lawful command of a Law Enforcement Officer to depart from the scene of such unlawful assembly or riot. 

 

 

 

                                                                        ARTICLE VI.  OFFENSES CONCERNING PROPERTY

 

 

SECTION 210.290:                                  TAMPERING           

 

A.    A person commits the offense of tampering if he/she:

    

1.    Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another;

 

2.    Unlawfully rides in or upon another's automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle;

 

3.    Tampers or makes connection with property of a utility; or

 

4.    Tampers with, or causes to be tampered with, any meter or other property of an electric, gas, steam or water utility, the effect of which tampering is either:

 


§ 210.290                                                                La Plata City Code                                                                           § 210.330

   

a.     To prevent the proper measuring of electric, gas, steam or water service; or

    

b.     To permit the diversion of any electric, gas, steam or water service.

   

B.    In any prosecution under paragraph (4) of Subsection (A), proof that a meter or any other property of a utility has been tampered with, and the person or persons accused received the use or direct benefit of the electric, gas, steam or water service, with one (1) or more of the effects described in paragraph (4) of Subsection (A), shall be sufficient to support an inference which the trial court may submit to the trier of fact, from which the trier of fact may conclude that there has been a violation of such subdivision by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service. 

 

              NoteUnder certain circumstances this offense can be a felony under state law.

 

 

SECTION 210.300:                                  PROPERTY DAMAGE

 

A person commits the offense of property damage if:

 

1.            He/she knowingly damages property of another; or

 

2.    He/she damages property for the purpose of defrauding an insurer. 

 

 

SECTION 210.310:                                  CLAIM OF RIGHT

 

       A.    A person does not commit an offense by damaging, tampering with, operating, riding in or upon, or making connection with property of another if he/she does so under a claim of right and has reasonable grounds to believe he/she has such a right.

    

B.    The defendant shall have the burden of injecting the issue of claim of right. 

 

 

SECTION 210.320:                                  TRESPASS IN THE FIRST DEGREE

 

A.    A person commits the offense of trespass in the first degree if he/she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.

 

B.    A person does not commit the offense of trespass by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:

 

1.    Actual communication to the actor; or

 

2.    Posting in a manner reasonably likely to come to the attention of intruders.

 

 

SECTION 210.330:                                  TRESPASS IN THE SECOND DEGREE

 

A.    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.    

 


§ 210.330                                                                Offenses                                                                           § 210.370

 

B.    Trespass in the second degree is an infraction. 

 

 

SECTION 210.340:                                  RECKLESS BURNING OR EXPLODING

 

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

    

 

SECTION 210.350:                                  NEGLIGENT BURNING OR EXPLODING

 

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

 

 

SECTION 210.360:                                  STEALING    

 

A.    A person commits the offense of stealing if he/she appropriates property or services of another with the purpose to deprive him/her thereof, either without his/her consent or by means of deceit or coercion.

    

B.    Evidence of the following is admissible in any prosecution under this Section on the issue of the requisite knowledge or belief of the alleged stealer that:

    

1.    He/she failed or refused to pay for property or services of a hotel, restaurant, inn or boarding house;

 

2.    He/she gave in payment for property or services of a hotel, restaurant, inn or boarding house a check or negotiable paper on which payment was refused;

 

3.    He/she left the hotel, restaurant, inn or boarding house with the intent to not pay for property or services; or

 

4.    He/she surreptitiously removed or attempted to remove his/her baggage from a hotel, inn or boarding house. 

 

              NoteUnder certain circumstances this offense can be a felony under state law.

 

 

SECTION 210.370:                                  RECEIVING STOLEN PROPERTY

 

A.    A 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.    Evidence of the following is admissible in any criminal prosecution under this Section to prove the requisite knowledge or belief of the alleged receiver that:

   

1.    He/she was found in possession or control of other property stolen on separate occasions from two (2) or more persons;

 


§ 210.370                                                                La Plata City Code                                                                           § 210.400

 

2.    He/she received other stolen property in another transaction within the year preceding the transaction charged; or    

 

3.    He/she acquired the stolen property for a consideration which he/she knew was far below its reasonable value. 

 

              NoteUnder certain circumstances this offense can be a felony under state law.

 

 

SECTION 210.380:                                  FRAUDULENT USE OF A CREDIT DEVICE

 

A person commits the offense of fraudulent use of a credit device if he/she uses a credit device for the purpose of obtaining services or property, knowing that:

   

1.    The device is stolen, fictitious or forged;

   

2.    The device has been revoked or canceled; or

    

3.    For any other reason his/her use of the device is unauthorized. 

 

              NoteUnder certain circumstances this offense can be a felony under state law.

 

 

SECTION 210.390:                                  DECEPTIVE BUSINESS PRACTICE

 

A person commits the offense of deceptive business practice if in the course of engaging in a business, occupation or profession, he/she recklessly:

    

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

    

2.    Sells, offers 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/she 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. 

 

 

SECTION 210.400:                                  ALTERATION OR REMOVAL OF ITEM NUMBERS WITH INTENT TO DEPRIVE LAWFUL OWNER

 

A person commits the offense of alteration or removal of item numbers if he/she, with the purpose of depriving the owner of a lawful interest therein:

   

1.    Destroys, removes, covers, conceals, alters, defaces, or causes to be destroyed, removed, covered, concealed, altered, or defaced, the manufacturer's original serial number or other distinguishing owner-applied number or mark, on any item which bears a serial number attached


§ 210.400                                                                Offenses                                                                           § 210.410

 

by the manufacturer or distinguishing number or mark applied by the owner of the item, for any reason whatsoever;

    

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

 

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

 

              NoteUnder certain circumstances this offense can be a felony under state law.

 

 

SECTION 210.410:                                  FAILURE TO RETURN RENTED PERSONAL PROPERTY

ENFORCEMENT PROCEDUREPENALTYVENUE

 

A.    A person commits the offense of failing to return leased or rented property if, with the intent to deprive the owner thereof, he/she purposefully fails to return leased or rented personal property to the place and within the time specified in an agreement in writing providing for the leasing or renting of such personal property.  In addition, any person who has leased or rented personal property of another who conceals the property from the owner, or who otherwise sells, pawns, loans, abandons or gives away the leased or rented property is guilty of the offense of failing to return leased or rented property.  The provisions of this Section shall apply to all forms of leasing and rental agreements, including, but not limited to, contracts which provide the consumer options to buy the leased or rented personal property, lease-purchase agreements and rent-to-own contracts.  For the purpose of determining if a violation of this Section has occurred, leasing contracts which provide options to buy the merchandise are owned by the owner of the property until such time as the owner endorses the sale and transfer of ownership of the leased property to the lessee.

    

B.    It shall be prima facie evidence of the offense of failing to return leased or rented property when a person who has leased or rented personal property of another willfully fails to return or make  arrangements acceptable with the lessor to return the personal property to its owner at the owner's place of business within ten (10) days after proper notice following the expiration of the lease or rental agreement, except that if the motor vehicle has not been returned within seventy-two (72) hours after the expiration of the lease or rental agreement, such failure to return the motor vehicle shall be prima facie evidence of the intent of the offense of failing to return leased or rented property.  Where the leased or rented property is a motor vehicle, if the motor vehicle has not been returned within seventy-two (72) hours after the expiration of the lease or rental agreement, the lessor may notify the local law enforcement agency of the failure of the lessee to return such motor vehicle, and the local law enforcement agency shall cause such motor vehicle to be put into any appropriate State and local computer system listing stolen motor vehicles.  Any Law Enforcement Officer which stops such a motor vehicle may seize the motor vehicle and notify the lessor that he/she may recover such motor vehicle after it is photographed and its vehicle identification number is recorded for evidentiary purposes.  Where the leased or rented property is not a motor vehicle, if such property has not been returned within the ten (10) day period prescribed in this Subsection, the owner of the property shall report the failure to return the property to the local law enforcement agency, and such law enforcement agency may within five (5) days notify the person who leased or rented the property that such person is in violation of this Section, and that failure to immediately return the property may subject such person to arrest for the violation.

 


§ 210.410                                                                La Plata City Code                                                                           § 210.420

 

C.    This Section shall not apply if such personal property is a vehicle and such return is made more difficult or expensive by a defect in such vehicle which renders such vehicle inoperable, if the lessee shall notify the lessor of the location of such vehicle and such defect before the expiration of the lease or rental agreement, or within ten (10) days after proper notice.

 

D.    Proper notice by the lessor shall consist of a written demand addressed and mailed by certified or registered mail to the lessee at the address given at the time of making the lease or rental agreement.  The notice shall contain a statement that the failure to return the property may subject the lessee to criminal prosecution.

    

E.    Any person who has leased or rented personal property of another who destroys such property so as to avoid returning it to the owner shall be guilty of property damage pursuant to Section 210.300 in addition to being in violation of this Section.

 

F.    Venue shall lie in the County where the personal property was originally rented or leased. 

 

              NoteUnder certain circumstances this offense can be a felony under state law.

 

 

SECTION 210.415:                                  RETURNED OR BAD CHECK CHARGE

 

A.    Definitions.  As used in this Section the following terms shall have these prescribed meanings:

 

BAD CHECK:  Any check for which payment is refused by the bank, savings and loan or credit union upon which it is drawn on the grounds that the drawer has no account, or there are insufficient funds to pay the check or because payment has been stopped without good and sufficient cause.  All bad checks not paid within ten (10) days of written notice are subject to prosecution.

 

RETURNED CHECK FEE:  A twenty-five dollar ($25.00) returned check fee will be charged on all bad checks issued to the City of La Plata.

 

B.    It shall be the policy of the City of La Plata to refuse payment on any outstanding debt, unless paid by certified check, cash or money order if person offering to pay has previously given a bad check to the City of La Plata.  (Ord. No. 737 §§12, 5-9-00)

 

 

SECTION 210.420:                                  PASSING BAD CHECKS

 

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


§ 210.420                                                                Offenses                                                                           § 210.425

 

service of summons or warrant upon the defendant for the initiation of the prosecution of the check or checks which are the subject matter of the prosecution if the summons or warrant contains information of the ten (10) day period during which the instrument may be paid and that payment of the instrument within such ten (10) day period will result in dismissal of the charges.  The requirement of notice shall also be satisfied for written communications which are tendered to the defendant and which the defendant refuses to accept.

 

C.    The face amounts of any bad checks passed pursuant to one (1) course of conduct within any ten (10) day period may be aggregated in determining the grade of the offense. 

 

              NoteUnder certain circumstances this offense can be a felony under state law.

 

 

SECTION 210.425:                                  SHOPLIFTINGDETENTION OF SUSPECT BY MERCHANT

LIABILITY PRESUMPTION

 

A.    Definitions.  As used in this Section, the following definitions shall apply:

 


 


§ 210.425                                                                Offenses                                                                           § 210.430

 

MERCANTILE ESTABLISHMENT:  Any mercantile place of business in, at or from which goods, wares and merchandise are sold, offered for sale or delivered from and sold at retail or wholesale.

 

MERCHANDISE:  All goods, wares and merchandise offered for sale or displayed by a merchant.

 

MERCHANT:  Any corporation, partnership, association or person who is engaged in the business of selling goods, wares and merchandise in a mercantile establishment.

 

WRONGFUL TAKING:  Includes stealing of merchandise or money and any other wrongful appropriation of merchandise or money.

 

B.    Any merchant, his/her agent or employee, who has reasonable grounds or probable cause to believe that a person has committed or is committing a wrongful taking of merchandise or money from a mercantile establishment, may detain such person in a reasonable manner and for a reasonable length of time for the purpose of investigating whether there has been a wrongful taking of such merchandise or money. Any such reasonable detention shall not constitute an unlawful arrest or detention, nor shall it render the merchant, his/her agent or employee, criminally or civilly liable to the person so detained.

 

C.    Any person willfully concealing unpurchased merchandise of any mercantile establishment, either on the premises or outside the premises of such establishment, shall be presumed to have so concealed such merchandise with the intention of committing a wrongful taking of such merchandise within the meaning of Subsection (A), and the finding of such unpurchased merchandise concealed upon the person or among the belongings of such person shall be evidence of reasonable grounds and probable cause for the detention in a reasonable manner and for a reasonable length of time, of such person by a merchant, his/her agent or employee, in order that recovery of such merchandise may be effected, and any such reasonable detention shall not be deemed to be unlawful, nor render such merchant, his/her agent or employee criminally or civilly liable.

 

 

                                                                        ARTICLE VII.  OFFENSES CONCERNING PROSTITUTION AND MORALS

 

 

SECTION 210.430:                                  ARTICLE DEFINITIONS

 

As used in this Article, the following terms mean:

 

PATRONIZING PROSTITUTION:  A person patronizes prostitution if:

                         

1.    Pursuant to a prior understanding, he/she gives something of value to another person as compensation for that person or a third (3rd) person having engaged in sexual conduct with him/her or with another;

 

2.    He/she gives or agrees to give something of value to another person on an understanding that in return therefor that person or a third (3rd) person will engage in sexual conduct with him/her or with another; or

    

3.    He/she solicits or requests another person to engage in sexual conduct with him/her or with another, or to secure a third (3rd) person to engage in sexual conduct with him/her or with another, in return for something of value.

 


§ 210.430                                                                La Plata City Code                                                                           § 210.470

 

PROSTITUTION:  A person commits prostitution if he/she engages or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by the person or by a third (3rd) person.

 

SEXUAL CONDUCT:  Occurs when there is:

 

1.    Sexual intercourse.  Any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.

 

2.    Deviate sexual intercourse.  Any sexual act involving the genitals of one (1) person and the mouth, hand, tongue or anus of another person.

    

3.    Sexual contact.  Any touching, manual or otherwise, of the anus or genitals of one (1) person by another, done for the purpose of arousing or gratifying sexual desire of either party.

 

      SOMETHING OF VALUE.   Money or property, or any token, object or article exchangeable for money or property.

 

 

SECTION 210.440:                                  PROSTITUTION

 

A person commits the offense of prostitution if the person performs an act of prostitution. 

 

 

SECTION 210.450:                                  PATRONIZING PROSTITUTION

 

A person commits the offense of patronizing prostitution if he/she patronizes prostitution.

 

 

SECTION 210.460:                                  PROSTITUTION AND PATRONIZING PROSTITUTIONSEX OF

PARTIES NO DEFENSE, WHEN

    

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. 

 

 

SECTION 210.470:                                  PROSTITUTION HOUSES DEEMED PUBLIC NUISANCES

 

A.    Any room, building or other structure regularly used for sexual contact for pay as defined in Section 210.430 or any unlawful prostitution activity prohibited by this Article is a public nuisance.

 

B.    The City Prosecuting Attorney may, in addition to all other 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.


§ 210.470                                                                Offenses                                                                           § 210.490

 

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. 

 

 

SECTION 210.480:                                  INDECENT EXPOSURE (SEXUAL MISCONDUCT)

 

A person commits the offense of indecent exposure (sexual misconduct) if he/she exposes his/her genitals under circumstances in which he/she knows that his/her conduct is likely to cause affront or alarm. 

 

 

                                                                        ARTICLE VIII. OFFENSES CONCERNING PORNOGRAPHY

 

 

SECTION 210.490:                                  DEFINITIONS

 

When used in this Article the following terms shall have the meanings set out herein:

 

FURNISH:  To issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide.

 

MATERIAL:  Anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any statue or other figure, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or anything which is or may be used as a means of communication.  "Material" includes undeveloped photographs, molds, printing plates and other latent representational objects.

 

MINOR:  Any person under the age of eighteen (18).

 

NUDITY:  The showing of post-pubertal human genitals or pubic area, with less than a fully opaque covering.

 

OBSCENE:  Any material or performance is obscene if:

 

1.    Applying contemporary community standards, its predominant appeal is to prurient interest in sex;

 

2.    Taken as a whole with the average person, applying contemporary community standards, it depicts or describes sexual conduct in a patently offensive way; and

 

3.    Taken as a whole, it lacks serious literary, artistic, political or scientific value.

 

PERFORMANCE:  Any play, motion picture film, videotape, dance or exhibition performed before an audience of one (1) or more.

 

PORNOGRAPHIC FOR MINORS:  Any material or performance is pornographic for minors if the following apply:

 


§ 210.490                                                                La Plata City Code                                                                           § 210.510

 

1.            The average person, applying contemporary community standards, would find that the material or performance, taken as a whole, has a tendency to cater or appeal to a prurient interest of minors;

 

2.            The material or performance depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors; and

 

3.            The material or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

 

PROMOTE:  To manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.

 

SADOMASOCHISTIC ABUSE:  Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.

 

SEXUAL CONDUCT:  Actual or simulated, normal or perverted acts of human masturbation;  deviate sexual intercourse; sexual intercourse; or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.

 

SEXUAL EXCITEMENT:  The condition of human male or female genitals when in a state of sexual stimulation or arousal. 

 

 

SECTION 210.500:                                  PROMOTING PORNOGRAPHY

A person commits the offense of promoting pornography for minors or obscenity if, knowing its content or character, he/she:

 

1.            Promotes or possesses with the purpose to promote any obscene materials for pecuniary gain;

 

2.            Produces, presents, directs or participates in any obscene performance for pecuniary gain;

 

3.            Promotes or possesses with the purpose to promote any material pornographic for minors for pecuniary gain; or

 

4.            Produces, presents, directs or participates in any performance pornographic for minors for pecuniary gain. 

 

              NoteUnder certain circumstances this offense can be a felony under state law.

 

SECTION 210.510:                                  FURNISHING PORNOGRAPHIC MATERIALS TO MINORS

A person commits the offense of furnishing pornographic material to minors if, knowing its content and character, he/she:

 


§ 210.510                                                                Offenses                                                                           § 210.540

 

1.            Furnishes any material pornographic for minors, knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood that such person is a minor.

 

2.            Produces, presents, directs or participates in any performance pornographic for minors that is furnished to a minor knowing that any person viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance. 

 

              NoteUnder certain circumstances this offense can be a felony under state law.

 

 

                                                                        ARTICLE IX.  OFFENSES CONCERNING ALCOHOL AND DRUGS

 

 

SECTION 210.520:                                  POSSESSION OF MARIJUANA

 

A.    Definition.  The following word shall have the meaning set out herein when used in this Section:

 

MARIJUANA:  All parts of the plant genus Cannabis in any species or form thereof, including, but not limited to Cannabis Sativa L., Cannabis Indica, Cannabis Americana, Cannabis Ruderalis, and Cannabis Gigantea, whether growing or not, the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.  It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

 

B.    Except as authorized by Sections 195.005 to 195.425, RSMo., it is unlawful for any person to possess or have under his/her con­trol marijuana as defined in Subsection (A) hereof. 

 

 

SECTION 210.530:                                  POSSESSION OR CONTROL OF A CONTROLLED SUBSTANCE

 

Except as authorized by Sections 195.005 to 195.425, RSMo., it is unlawful for any person to possess or have under his/her control a controlled substance as defined by Section 195.010, RSMo.

 

              NoteUnder certain circumstances this offense can be a felony under state law.

 

 

SECTION 210.540:                                  UNLAWFUL USE OF DRUG PARAPHERNALIA

 

It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia as defined by Section 195.010, RSMo., 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 as defined by Section 195.010, RSMo., or an imitation controlled substance as defined by Section 195.010, RSMo., in violation of Sections 195.005 to 195.425, RSMo. 

 

              NoteUnder certain circumstances this offense can be a felony under state law.

 

 


§ 210.550                                                                La Plata City Code                                                                           § 210.580

 

SECTION 210.550:                                  INHALATION OR INDUCING OTHERS TO INHALE SOLVENT FUMES TO CAUSE CERTAIN REACTIONS, PROHIBITEDEXCEPTIONS

                      

No person shall intentionally smell or inhale the fumes of any solvent, particularly toluol, or induce any other person to do so, for the purpose of causing a condition of, or inducing symptoms of, intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of senses or nervous system, or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes; except that this Section shall not apply to the inhalation of any anesthesia for medical or dental purposes. 

 

 

SECTION 210.560:                                  INDUCING, OR POSSESSION WITH INTENT TO INDUCE, SYMPTOMS BY USE OF SOLVENTS, PROHIBITED

 

A.    No person shall intentionally or willfully induce the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses or nervous system, distortion of audio, visual or mental processes by the use of any solvent, particularly toluol.

    

B.    No person shall intentionally possess any solvent, particularly toluol, for the purpose of using it in the manner prohibited by Section 210.550 and this Section. 

 

 

SECTION 210.570:                                  POSSESSION OR PURCHASE OF SOLVENTS TO AID OTHERS IN VIOLATIONS, PROHIBITEDVIOLATIONS OF SECTIONS 210.550 TO 210.560PENALTY

 

A.    No person shall intentionally possess or buy any solvent, particularly toluol, for the purpose of inducing or aiding any other person to violate the provisions of Sections 210.550 and 210.560 hereof.

    

B.    Any person who violates any provision of Sections 210.550210.570 is guilty of a misdemeanor. 

 

                                                                        ARTICLE X.  OFFENSES CONCERNING MINORS

 

 

SECTION 210.580:                                  DEFINITIONS

 

For the purposes of this Article, the following words and phrases are defined as follows:

 

CRIMINAL ACT:  An act which violates the Statutes of the United States, the Statutes of the State of Missouri, or the ordinances of the City of La Plata, including curfew and moving traffic violations.

 

GUARDIAN:  Guardian appointed by court of competent jurisdiction.

 

MINOR:  Any person under the age of seventeen (17).

 

PARENT:  The natural father or mother, or the adoptive father or mother.

 


§ 210.580                                                                Offenses                                                                           § 210.610

 

PARENTAL NEGLECT:  Any act or omission by which a parent fails to exercise customary and effective control over a minor so as to contribute to, cause or tend to cause a minor to commit any criminal act.

 

 

SECTION 210.590:                                  CURFEW FOR PERSONS UNDER SEVENTEEN

 

A.    It shall be unlawful for any minor, under seventeen (17) years of age, to be found on any street, alley, public highway, or on any other public place within this City after 11:00 P.M., unless accompanied by his parents, guardian or some other competent person, or without the written consent of his parent or guardian.  All persons so found shall be deemed in violation of this Section and shall be taken into custody under the Juvenile Statutes of the State of Missouri. 

 

B.    It shall be unlawful for any parent, guardian or person having the legal care or custody of any minor mentioned in Subsection (A) to allow or permit such minor to be out on any street, alley, public highway or on any public place within this City after 11:00 P.M., as specified in Subsection (A).

 

C.    Each parent of a minor child under the age of seventeen (17) who violates curfew shall be guilty of the offense "of allowing a child to violate curfew" and upon conviction fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).  (Ord. No. 09-972 §1, 8-19-09)

 

 

SECTION 210.600:                                  PARENTAL RESPONSIBILITY

 

A.    Whenever a minor shall be arrested or detained for the commission of any criminal act within the City, the Police Department shall, as soon as possible thereafter, deliver written notice to the minor's parent of the arrest or detention, and such notice shall advise the parent of his/her responsibility under this Section.  The notice shall be in such a form as to be signed by the notified parent signifying receipt thereof.  If the parent refuses to sign said notice, the notifying Police Officer shall indicate such refusal on the notice. 

 

B.    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 any criminal act.  Written parental notice as defined in Subsection (A) of this Section shall be prima facie evidence of parental neglect if the minor commits a second (2nd) or successive violation of any criminal act.

 

C.    Each violation of the provisions of this Section shall constitute a separate offense.  Any person who shall violate this Section shall be subject to imprisonment for not more than ninety (90) days and/or a fine of not less than one hundred dollars ($100.00) for the first (1st) violation, not less than two hundred dollars ($200.00) for a second (2nd) violation, and not less than five hundred dollars  ($500.00) for any successive violation.  In addition, the court may, as a condition of any probation granted to any parent found guilty of violating Subsection (B) of this Section, order the defendant to make restitution to any person who has been damaged by the misconduct of the minor in an amount not to exceed four thousand dollars ($4,000.00). 

 

 

SECTION 210.610:                                  PROHIBITED SALE OF TOBACCO PRODUCTS TO MINORS

 

A.    Definitions.  For purposes of this Section, the following definitions shall apply:

 

DISTRIBUTE:  A conveyance to the public by sale, barter, gift or sample.

 


§ 210.610                                                                La Plata City Code                                                                           § 210.610

 

MINOR:  A person under the age of eighteen (18).

 

PROOF OF AGE:  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.

 

ROLLING PAPERS:  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 smokeable cigarette.

 

SAMPLE:  A tobacco product distributed to members of the general public at no cost or at nominal cost for product promotional purposes.

 

SAMPLING:  The distribution to members of the general public of tobacco product samples.

 

TOBACCO PRODUCTS:  Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.

 

VENDING MACHINE:  Any mechanical, electric or electronic self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products.

 

B.    Prohibition Of The Sale Of Tobacco Products To A Minor. 

 

1.    No person shall sell any tobacco product or distribute any tobacco product or rolling papers to any minor.  This paragraph shall not apply to the distribution by family members on property that is not open to the public.

 

2.    Any person who violates this Section shall be fined:

 

a.     For the first (1st) offense, one hundred dollars ($100.00).

 

b.     For the second (2nd) offense, two hundred dollars ($200.00).

 

c.     For the third (3rd) offense and subsequent offenses, five hundred dollars ($500.00).

 

3.    The owner of an establishment at which tobacco products or rolling papers are sold at retail or through vending machines shall cause to be prominently displayed in a conspicuous place at every display from which tobacco products are sold and on every vending machine where tobacco products are purchased a sign that shall:

 

a.     Contain in red lettering at least one-half (½) inch high on a white background, the following:

 

"IT IS A VIOLATION OF STATE LAW FOR CIGARETTES OR OTHER TOBACCO PRODUCTS TO BE SOLD TO ANY PERSON UNDER THE AGE OF EIGHTEEN."

 

b.     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".

 

4.    It shall be unlawful for any person to engage in tobacco product distribution to persons under eighteen (18) years of age.

 

5.    A person selling tobacco products or rolling papers or distributing tobacco product samples shall


§ 210.610                                                                Offenses                                                                           § 210.617

 

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).

 

6.    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 established in Subparagraph (1).  If a vending machine is in violation of Subparagraph (3) of this Section, the owner of the establishment shall be guilty of an offense established in Subparagraph (1).  If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of an offense established in Subparagraph (1).

 

7.    Reasonable reliance on proof of age or on the appearance of the purchaser or recipient shall be a defense to any action for a violation of this Section.  No person shall be liable for more than one (1) violation of this Section on any single day. 

 

 

SECTION 210.615:                                  UNLAWFUL TRANSACTIONS WITH A CHILD

 

A person commits the offense of unlawful transactions with a child if:

 

1.    Being a pawnbroker, junk dealer, dealer in secondhand goods, or any employee of such person, he/she with criminal negligence buys or receives any personal property other than agricultural products from an unemancipated minor, unless the child's custodial parent or guardian has consented in writing to the transaction;

 

2.    He/she knowingly permits a minor child to enter or remain in a place where illegal activity in controlled substances, as defined in Chapter 195, RSMo., is maintained or conducted; or

 

3.    He/she with criminal negligence sells blasting caps, bulk gunpowder, or explosives to a child under the age of seventeen (17).  Criminal negligence as to the age of the child is not an element of this crime.  (Ord. No. 566 §1(c), 10-14-86)

 

 

SECTION 210.617:                                  MINORS IN POSSESSION BY CONSUMPTION

 

A.    No person under the age of twenty-one (21) shall consume intoxicating liquor, non-intoxicating beer or beer of any alcoholic content whatsoever.

 

B.    Possession by consumption may be determined by speech, manner, appearance, behavior, lack of coordination, or other indicators that the minor is under the influence of liquor, non-intoxicating beer or beer of any alcoholic content whatsoever.

 

C.    For the purpose of determining the alcoholic content of a person's blood under this provision, any Law Enforcement Officer who has the power to arrest may administer a chemical test of any person over sixteen (16) years of age and less than twenty-one (21) year of age suspected of consuming alcohol.  Chemical tests may include, but are not limited to, use of a portable breath tester and blood alcohol content instrument.

 

D.    A minor shall not be considered in possession if it can be shown that the alcohol consumed was given for medical purposes by the parent, guardian, physician or dentist, or such liquor was being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.  (Ord. No. 09-973 §1, 8-19-09)


§ 210.620                                                                La Plata City Code                                                                           § 210.650

 

                                                                        ARTICLE XI.  UNSAFE, HAZARDOUS AND COMBUSTIBLE MATERIALS

 

 

SECTION 210.620:                                  RESERVED

 

Editor's NoteThe city requested that the following materials be organized within this article and therefor we moved this section 210.620 "Erection or maintenance or barbed wire or electrically charged fences" and placed it in the following article as section 210.705.

 

 

SECTION 210.630:                                  HOT ASHES AND OTHER DANGEROUS MATERIALS

 

No person shall deposit hot ashes or cinders, or smoldering coals, or greasy or oily substances liable to spontaneous ignition, into any combustible receptacle, or place the same within ten (10) feet of any combustible materials, except in metal or other non-combustible receptacles.  Such receptacles, unless resting on a non-combustible floor or on the ground outside the building, shall be placed on non-combustible stands, and in every case be kept at least two (2) feet away from any combustible wall or partition or exterior window opening.  (CC 1984 §40.290)

 

 

SECTION 210.640:                                  BONFIRES AND OUTDOOR RUBBISH FIRES

 

A.    No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained without a permit or other proper authorization from the Fire Chief.  During construction or demolition of buildings or structures no waste materials or rubbish shall be disposed of by burning on the premises or in the immediate vicinity without having obtained a permit or other proper authorization from the Fire Chief.

 

B.    No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on any private land unless:

 

1.    The location is not less than fifty (50) feet from any structure and adequate provision is made to prevent fire from spreading to within fifty (50) feet of any structure, or

 

2.    The fire is contained in a waste burner of a type approved by the Fire Chief located safely not less than fifteen (15) feet from any structure.

 

C.    Bonfires and rubbish fires shall be constantly attended by a competent person until such fire is extinguished.  This person shall have a garden hose connected to the water supply, or other fire extinguishing equipment readily available for use.

 

D.    The Fire Chief may prohibit any or all bonfires and outdoor rubbish fires when atmospheric conditions or local circumstances make such fires hazardous.  (CC 1984 §40.270)

 

 

SECTION 210.650:                                  OPEN FLAMES, LIGHTS OR KINDLING OF FIRE RESTRICTED

 

A.    No person shall take an open flame or light into any building, barn, boat or any other place where highly flammable, combustible, or explosive material is kept, unless such light or flame shall be well secured in a glass globe, wire mesh cage or similar approved device.


§ 210.650                                                                Offenses                                                                           § 210.680

 

B.    No heating or lighting apparatus or equipment capable of igniting flammable material of the type stored or handled shall be used in the storage area of any warehouse storing rags, excelsior, hair or other highly flammable or combustible material; nor in the work area of any shop or factory used for the manufacture, repair or renovating of mattresses or bedding; nor in the work areas of any establishment used for the upholstering of furniture.

 

C.    No person shall kindle a fire upon the land of another without permission of the owner thereof or his/her agent.  (CC 1984 §40.275)

 

 

SECTION 210.660:                                  SMOKING PROHIBITED UNDER CERTAIN CONDITIONS

 

A.    "Smoking" shall mean and include the carrying of lighted pipe, cigar, or cigarette, or tobacco, marijuana or other substance the smoke of which is taken into the mouth, in any form.

 

B.    Where conditions are such as to make smoking a hazard in any areas of gasoline filling stations, warehouses, stores, industrial plants, institutions, places of assembly, and in open spaces where combustible materials are stored or handled, the Fire Chief is empowered and authorized to order the owner or occupant in writing to post "No Smoking" signs in each building, structure, room or place in which smoking shall be prohibited.  The Fire Chief shall designate specific safe locations, if necessary, in any building, structure or place in which smoking may be permitted.

 

C.    "No Smoking" signs of approved sized lettering and location required in accordance with Subsection (2) hereof shall read "By Order of the Fire Chief".

 

D.    It shall be unlawful for any person to remove any legally required "No Smoking" sign or to smoke in any place where such signs are posted.  (CC 1984 §40.280)

 

 

SECTION 210.670:                                  ACCUMULATIONS OF WASTE MATERIALSPREMISES, ALLEYS,

ETC., TO BE KEPT CLEAN

 

Roofs, courts, yards, vacant lots and open spaces shall be kept free and clear of deposits or accumulations of waste paper, hay, grass, straw, weeds, litter or combustible waste or rubbish of any kind.  All weeds, grass, vines or other growth, when they endanger property, or are liable to be fired, shall be cut down and removed by the owner or occupant of the property.  No person shall allow to remain longer than fourteen (14) hours, or overnight, in an alley or on any sidewalk or premises within thirty (30) feet of any building any empty boxes, barrels, rubbish, trash, waste paper, excelsior or other like combustible materials.  (CC 1984 §40.295)

 

 

SECTION 210.680:                                  HANDLING OF READILY COMBUSTIBLE MATERIALS

 

No person making, using, storing or having in charge or under his/her control any shavings, excelsior, rubbish, sacks, bags, litter, hay, straw or combustible waste materials shall fail or neglect at the close of each day to cause all such material which is not compactly baled and stacked in an orderly manner to be removed from the building or stored in suitable vaults or in metal or metal lined, covered, receptacles, or bins.  The Fire Chief shall require suitable baling presses to be installed in stores, apartment buildings, factories and similar places where accumulations of paper and waste materials are not removed at least every second (2nd) day.  (CC 1984 §40.300)

 


§ 210.690                                                                La Plata City Code                                                                           § 210.710

 

SECTION 210.690:                                  STORAGE OF READILY COMBUSTIBLE MATERIALS

 

A.    No person shall store in any building or upon any premises in excess of two thousand five hundred (2,500) cubic feet gross volume of combustible empty packing cases, boxes, barrels or similar containers, or rubber tires, or baled cotton, rubber or cork, or other similarly combustible material without a permit from the Fire Chief.

 

B.    Storage in buildings shall be orderly, shall not be within two (2) feet of the ceiling, shall be separated from heaters or heating devices by distance or shielding so that ignition cannot occur, and not so located as to endanger exit from the building.  Storage in the open shall not be more than twenty (20) feet in height, shall be so located, with respect to adjacent buildings, as not to constitute a hazard, and shall be compact and orderly.  (CC 1984 §40.305)

 

 

SECTION 210.700:                                  FLAMMABLE DECORATIVE MATERIALS IN BUILDINGS OF

MERCANTILE AND INDUSTRIAL OCCUPANCY

 

Highly flammable materials such as cotton batting, straw, dry vines, leaves, trees, artificial flowers or shrubbery and foam plastic materials shall not be used for decorative purposes in show windows or other parts of mercantile and institutional occupancies unless first rendered flameproofed to the satisfaction of the Fire Chief.  Electric light bulbs in mercantile and institutional occupancies shall not be decorated with paper or other combustible materials unless such materials shall first have been rendered flameproofed.  (CC 1984 §40.310)

 

 

                                                                        ARTICLE XII.  MISCELLANEOUS OFFENSES

 

 

SECTION 210.705:                                  ERECTION OR MAINTENANCE OF BARBED WIRE OR

ELECTRICALLY CHARGED FENCES

 

A.    It shall be unlawful for any person to erect or maintain or for any property owner or occupant to allow to be erected or main­tained on any property within the City, any fence equipped with or having barbed wire, spikes, or any similar device or any electrical charge sufficient to cause an electric shock. 

 

B.    It shall, however, not be unlawful, under this Section to main­tain a barbed wire fence so long as said barbed wire is at least six (6) feet above the ground and at least one (1) foot within the property line of the owner's or occupant's property and so long as said property is located within an industrial or business zoning classification.

 

 

SECTION 210.710:                                  DISTRIBUTION OF HANDBILLS

 

A.    In order to promote the health, peace and safety of the inhabitants of the City and to protect said inhabitants against an intolerable annoyance and nuisance, the distribution, delivering, scattering or passing out of handbills, printed advertisements, programs, announcements, pamphlets, newspapers, periodicals, booklets and printed matter or papers of every kind and description from house to house, or from person to person, within the corporate limits of the City, free of cost to the persons receiving or intended to receive them, is hereby declared to be unlawful.

 


§ 210.710                                                                Offenses                                                                           § 210.750

 

B.    Every person, firm, association or corporation, or the agent or representative of any of them, who shall distribute or cause to be distributed, deliver or cause to be delivered, scatter or cause to be scattered, pass out or cause to be passed out, any handbills, printed advertisements, programs, announcements, pamphlets, newspapers, periodicals, booklets, or printed matter, or papers of every other kind and description from house to house, or from person to person, within the corporate limits of the City, free of cost to the persons receiving or intended to receive them, shall be deemed guilty of a misdemeanor.  (CC 1984 §68.070)

 

 

SECTION 210.720:                                  PROHIBITED ON CEMETERY GROUNDS DURING CERTAIN HOURS

 

The La Plata cemetery in the City of La Plata, Missouri, shall be closed to all persons, other than those who shall be present there upon the performance of an official duty of said City, between the hours of 10:00 P.M. and the following 6:00 A.M.; that during such stated period of time no person shall enter or be upon any of the lands occupied by or included within such cemetery, except as hereinabove provided.  (CC 1984 §68.080)

 

 

                                                                        ARTICLE XIII.  FIREWORKS

 

 

SECTION 210.730:                                  DISCHARGING FIREWORKS

 

It shall be unlawful for any person to discharge any form of fireworks inside the City, except on the premises of such person between the hours of 12:00 P.M. and 11:00 P.M. on July first (1st) through July fourth (4th); however, if a complaint is received and verified by the Police Department for disturbance of the peace of neighbors, discharging shall immediately cease. 

(Ord. No. 566 §3(a), 10-14-86)

 

 

SECTION 210.740:                                  ENDANGERING PERSONS OR PROPERTY

 

It shall be unlawful for any person to throw fireworks out of cars, under cars, at people or on any public street or other public place within the City.  (Ord. No 566 §3(b), 10-14-86)

 

 

SECTION 210.750:                                  SALE, PURCHASE, POSSESSION AND USE OF FIREWORKSPERMIT

TO DISPLAY FIREWORKS

 

The Fire Chief is hereby authorized to grant permits to responsible persons whereby fireworks, as defined in Section 320.106, RSMo., to be used for exhibition purposes at fairs and celebrations, may be sold and fired, which otherwise are prohibited by State law from sale to individuals; provided, that any person applying for such permit shall state in his/her application the name and address of the individual who, if the permit is granted, will be in charge of the storage and use of such fireworks, and the Fire Chief shall not issue a permit unless satisfied that such individual is experienced in the handling of fireworks and that he/she will provide all necessary safeguards to keep the public attending the exhibition at a safe distance from the place of discharge until the exhibition has been concluded, and that he/she will keep all fireworks in a closed box until they are removed from firing, and that he/she will comply with all applicable provisions of State law.    The permittee shall comply with all conditions of the permit.  (CC 1984 §40.320)

 


 


 

 

                                                                        CHAPTER 215:  NUISANCES

 

Cross ReferencesAs to dangerous buildings as a nuisance, see ch. 505; as to

prostitution houses deemed a nuisance, see §210.470.

 

 

                                                                        ARTICLE I. GENERALLY

 

 

SECTION 215.005:                                  CHAPTER IS SUPPLEMENTAL TO OTHER PROVISIONS OF THIS

CODE RELATING TO NUISANCES

 

Various nuisances are defined and prohibited in other Chapters of this Code, and it is the intent of the Board of Aldermen in enacting this Chapter to make it supplemental to those other Chapters in which nuisances are defined and prohibited; and the provisions of this Chapter relating to the abatement of nuisances shall be regarded as alternative methods and procedures for the abatement of nuisances in those instances where other methods and procedures for abatement are provided.  (CC 1984 §74.020)

 

 

SECTION 215.010:                                  NUISANCES AFFECTING HEALTH

 

A.    The following are declared to be nuisances affecting health:

 

1.            All decayed or unwholesome food offered for sale to the public, or offered to the public at no charge.

 

2.            All diseased animals running at large.

 

3.            All ponds or pools of stagnant water.

 

4.            Carcasses of dead animals not buried or destroyed within twenty-four (24) hours after death.

 

5.            Accumulations, wheresoever they may occur, of manure, rubbish, garbage, refuse and human and industrial, noxious or offensive waste, except the normal storage on a farm of manure for agricultural purposes.

 

6.            Privy vaults or garbage cans which are not fly-tight, that is, privy vaults or garbage cans which do not prevent the entry of flies, insects and rodents.

 

7.            The pollution of any well, cistern, spring, underground water stream, lake, canal, or body of water by sewage or industrial wastes, or other substances harmful to human beings.

 

8.            Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable quantities, or the presence of any gas, vapor, fume, smoke, dust or any other toxic substance on, in or emitted from the equipment of any premises in quantities sufficient to be toxic, harmful or injurious to the health of any employee or to any premises, occupant, or to any other person.

 

9.            Common drinking cups, roller towels, combs, brushes or eating utensils in public or semi-public places where not properly sanitized after use.

 

 


§ 215.010                                                                La Plata City Code                                                                                  § 215.010

 

10.          Any vehicle used for septic tank cleaning which does not meet the requirements of this Chapter of the Code of Ordinances of the City of La Plata.

 

11.          Any vehicle used for garbage or rubbish disposal which is not equipped with a watertight metal body and provided with a tight metal cover or covers and so constructed as to prevent any of the contents from leaking, spilling, falling or blowing out of such vehicle at any time, except while being loaded or not completely secured and covered so as to prevent offensive odors from escaping therefrom or exposing any part of the contents at any time.

 

12.          Any and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae.

 

13.          The keeping of animals and fowls in any area within the City not zoned for agricultural uses except pet cats and dogs, animals in public or licensed zoos, and farm animals in laboratories.

 

14.          Unlicensed dumps, and licensed dumps not operated or maintained in compliance with the ordinances of the City of La Plata and the Statutes of the State of Missouri.

 

15.          No person shall discharge or cause to be discharged into a stormwater system any waste materials, liquids, vapor, fat, gasoline, benzene, naphtha, oil or petroleum product, mud, straw, lawn clippings, tree limbs or branches, metal or plastic objects, rags, garbage or any other substance which is capable of causing an obstruction to the flow of the storm system or interfere with the proper operation of the system, or which will pollute the natural creeks or waterways.

 

16.   All other acts, practices, conduct, business, occupation callings, trades, uses of property and all other things detrimental or certain to be detrimental to the health of the inhabitants of the City of La Plata.

 

17.   An act done or committed or aided or assisted to be done or committed by any person, or any substance, being or thing kept, maintained, placed or found in or upon public or private place, which is injurious or dangerous to the public health or safety.

 

18.   All buildings, bridges or other structures of whatever character kept or maintained or which are permitted by any person owning or having control thereof to be kept or maintained in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public.

 

19.   All trees and other appendages of or to realty kept or maintained or which are permitted by any person owning or having control thereof to be kept or maintained in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public.

 

20.   All obstructions caused or permitted on any street or sidewalk to the danger or annoyance of the public, and all stones, rubbish, dirt, filth, slops, vegetable matter or other article thrown or placed by any person on or in any street, sidewalk or other public place, which in any way may cause any injury or annoyance to the public.

 

21.   All sidewalks, gutters or curbstones permitted to remain in an unsafe condition, or out of repair.

 

22.   All stables, cattle yards, hog, sheep or cow pens or yards for poultry, permitted by the owner thereof or the person responsible therefor to be in such a condition as to become offensive, annoying or injurious to the public.

 


§ 215.010                                                                Nuisances                                                                                § 215.010

 

23.   All houses or buildings used for special storage of powder, dynamite or other explosive substances, except those maintained pursuant to permit issued by competent authority.

 

24.   The nuisances described in this Section shall not be construed as exclusive, and any act of commission or omission and any condition which constitutes a nuisance by Statute or common law of the State is, when committed, omitted or existing within the City, hereby declared to constitute a nuisance.

 

B.    Unlawful To Cause, Maintain Within City Or One-Half Mile Thereof. It is unlawful for any owner, lessee or occupant, or any agent, servant, representative or employee of any such owner, lessee or occupant, having control of any occupied lot or land or any part thereof in the City of La Plata, or within one-half (½) mile of the corporate limits of the City of La Plata, Missouri, to cause, permit or maintain a nuisance on any such lot or land.  Additionally, it is unlawful for any person or his/her agent, servant, representative or employee to cause, or maintain a nuisance on the land or property of another, with or without permission. 

 

Each day that a nuisance shall be maintained is a separate offense.

 

C.    Authority To Abate Emergency Cases.  In cases where it reasonably appears that there is an immediate danger to health, safety or welfare of the public, due to the existence of a nuisance, the Mayor and his/her designee shall have authority to order the Police Department to immediately abate the nuisance in an appropriate manner.

 

D.    AbatementProcedure Generally.  Whenever the Board of Aldermen receives notification that a nuisance may exist, it shall proceed as follows, except as may be otherwise provided herein:

 

1.            It shall investigate the same.  The Board may order any person who has caused or is maintaining the nuisance to appear before the Board at such time and place as the Board may direct to show cause, if any, why that person should not abate the nuisance.  Every person required to appear before the Board shall have at least ten (10) days' notice thereof.

 

a.     Inspections and investigations.  It shall be the duty of the Police Department to cause inspections to be made from time to time of all portions of the City and the area surrounding the City and within one-half (½) mile of the City limits to determine whether any condition exists or activity is being practiced which constitutes a nuisance; and he/she shall cause an investigation to be made upon information given by any responsible person.

 

b.     Right to enter private premisesduty of occupants.  Police Officers shall have the right to enter private premises for the purposes specified in Subparagraph (a) above, upon compliance with all applicable provisions of law.  Unless it appears probable that advance warning would defeat the purpose of such entry, occupants of premises to be entered shall be given reasonable notice in advance, and in any case it shall be unlawful for any owner or occupant to prevent such entry that is sought to be made in compliance with law.

 

2.            Such notice shall be signed by the Police Department and shall be served upon that person by delivering a copy thereof to the person, or by leaving a copy at his/her residence with some member of the family or household over fifteen (15) years of age, or upon any corporation by delivering the copy thereof to the President or to any other officer at any business office of the corporation within the City. If the notice cannot be given for the reason that the person named in the notice or his/her agent cannot be found in the City, of which fact the return upon such notice of the officer serving the same shall be conclusive evidence, such notice shall be


§ 215.010                                                                La Plata City Code                                                                                  § 215.020

 

published in a daily newspaper for three (3) consecutive days, if a daily, or once if a weekly paper, giving at least ten (10) days' notice from the final publication date of the time fixed for the parties to appear before the Board of Aldermen.

 

3.            If after hearing all the evidence, the Board of Aldermen may determine that a nuisance exists, it may direct the Police Department to order the person to abate the nuisance within twenty (20) days or within such other time as the Board may deem reasonable.  Such order shall be served in the manner provided