Chapter 18: Offenses

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CONTENTS

ARTICLE I.  IN GENERAL

§ 18-1.        Obstructing justice or official police business; resisting an officer.

§ 18-2.        Impersonating an officer.

§ 18-3.        Intimidating witnesses.

§ 18-4.        Escape from jail.

§§ 18-5 to 18-9.  Reserved.

ARTICLE II

DISORDERLY CONDUCT AND PUBLIC ORDER

§ 18-10.      Disturbing the peace.

§ 18-11.      Disturbing worship.

§§ 18-12 to 18-16.  Reserved.

ARTICLE III.  DRUG ABUSE CONTROL

§ 18-17.      Marijuana possession.

§ 18-18.      Reserved.

§ 18-19.      Unlawful use and delivery of drug paraphernalia.

§§ 18-20 to 18-22.  Reserved.

ARTICLE IV.  GAMBLING

§ 18-23.      Unlawful gambling.

§ 18-24.      Keeping gambling house.

§ 18-25.      Keeping gambling devices.

§ 18-26.      Minors - Playing cards.

§ 18-27.      Duty of police.

§ 18-28.      Witnesses.

§§ 18-29 to 18-33.  Reserved.

ARTICLE V.  HEALTH AND SAFETY

§ 18-34.      Littering.

§ 18-35.      Obstructing streets, alleys and sidewalks.

§ 18-36.      Depositing offal or other things in streets or lots.

§ 18-37.      Snow on sidewalks.

§ 18-38.      Throwing stones or balls on streets.

§ 18-39.      Obstructing gutters.

§ 18-40.      Unlawful spitting.

§ 18-41.      Maintaining improper or unsafe sidewalks or streets.

§ 18-42.      Excavations.

§ 18-43.      Repealed by Ord. 710.

§ 18-44.      Boarding trains.

§ 18-45.      Violation.

§§ 18-46 to 18-50.  Reserved.

ARTICLE VI.  MINORS AND FAMILY OFFENSES

§ 18-51.      Contributing to the delinquency of a minor.

§ 18-52.      Curfew hours for persons under the age of seventeen years.

§ 18-53.      Sale and supplying of intoxicating liquor to minors and certain persons prohibited.

§ 18-54.      Possession of cigarettes or other tobacco products prohibited.

§ 18-55.      Smoking prohibited in public buildings owned and operated by the City of St. James, Missouri.

§ 18-56.  Reserved.

ARTICLE VII.  NOISE REGULATIONS

§ 18-57.      Permit required; application; fees.

§ 18-58.      Terms of permit.

§ 18-59.      Regulations for use of equipment.

§ 18-60.      Penalty.

§§ 18-61 to 18-65.  Reserved.

ARTICLE VIII.  OBSCENITY AND SEX OFFENSES

§ 18-66.      Harboring prostitute.

§ 18-67.      Houses of ill repute.

§ 18-68.      Indecent exposure of person prohibited; transvestism.

§ 18-69.      Stallions and other animals not to be exhibited.

§ 18-70.      Obscene language.

§§ 18-71 to 18-75.  Reserved.

ARTICLE IX.  OFFENSES AGAINST PERSONS

§ 18-76.      Assault, battery.

§§ 18-77 to 18-81.  Reserved.

ARTICLE X.  PROPERTY AND THEFT OFFENSES

§ 18-82.      Stealing.

§ 18-83.      Theft of city property.

§ 18-84.      Destroying or disfiguring city property.

§ 18-85.      Destroying or disfiguring private property.

§ 18-86.      Disturbing survey monuments.

§ 18-87.      Trespassing.

§ 18-88.      Loitering.

§ 18-89.      Loitering on or near St. James R-1 School District property by unauthorized persons.

§ 18-90.      Property damage.

§ 18-91.      Utterance and use of insufficient funds check or drafts prohibited.

§§ 18-92 to 18-93.  Reserved.

ARTICLE XI.  WEAPONS AND EXPLOSIVES

§ 18-94.      Definitions.

§ 18-95.      Concealed weapons.

§ 18-96.      Firearms in city buildings.

§ 18-97.      Repealed by Ord. 800.

§ 18-98.      Sale and discharge of.

§ 18-99.      Penalty.

ARTICLE XII.  SALE, POSSESSION AND CONSUMPTION

OF INTOXICATING LIQUOR

§ 18-100.      Definitions.

§ 18-101.      Unlawful intoxicating liquor at Annual Fall Festival

§ 18-102.      Transporting an open beer or liquor container - Prohibited .

§§ 18-103 to 18-107.  Reserved.

Chapter 18

OFFENSES

ARTICLE I

IN GENERAL

Sec. 18-1.  Obstructing justice or official police business; resisting an officer.

        (a)   If any person or persons shall knowingly or willfully obstruct, resist or oppose the chief of police or any of his deputies or any other city officer in the service or execution, or any attempt to serve or execute any writ, warrant or process of any kind, issued from the municipal judge's court, or in the discharge of any official duty, he or they shall be deemed guilty of a misdemeanor.  (Ord. 32, §1; 1977 Code)  (For penalty see Sec. 1-13.)

        (b)   Every person who shall knowingly and willfully assault, beat or wound any such officer while engaged in the service or execution or in the attempt to serve or execute any writ warrant or process issued from the municipal judge's court, or any order or rule of said court, or while in the discharge of any other official duty, shall be deemed guilty of a misdemeanor.  (Ord. 32, §2; 1977 Code)  (For penalty see Sec. 1-13.)

        (c)   If any person or persons shall by force set at liberty or rescue, or attempt by force to set at liberty or rescue from any city officer having legal custody or charge of the same, any prisoner or prisoners, either before or after conviction, he or they shall be deemed guilty of a misdemeanor.  (Ord. 32, §3; 1977 Code)  (For penalty see Sec. 1-13.)

        (d)   If any person or persons shall by force set at liberty or rescue, or attempt by force to set at liberty or rescue from the custody of the municipal judge's court, any person while in said court, either before or after conviction, he or they shall be deemed guilty of a misdemeanor.  (Ord. 32, §4; 1977 Code)  (For penalty see Sec. 1-13.)

        (e)   If any person or persons shall by force set at liberty or rescue, or attempt by force to set at liberty or rescue, either before or after conviction, any prisoner held in custody or confinement for a violation of any ordinance of this city, he or they shall be deemed guilty of a misdemeanor.  (Ord. 32, §5; 1977 Code)  (For penalty see Sec. 1-13.)

        (f)    All persons who shall aid, abet or assist in the commission of any of the offenses mentioned in Subsections (a), (b), (c), (d), and (e) shall be punished in the same manner as the principals.  (Ord. 32, §6.)

Sec. 18-2.  Impersonating an officer.

        If any persons not authorized by the laws of this city shall assume or exercise any of the powers conferred by ordinance upon the city police or shall by any means or by any manner represent himself as being or possessing the powers of a policeman, he shall be deemed guilty of a misdemeanor.  (Ord. 31, §2; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-3.  Intimidating witnesses.

        Every person who shall entice or persuade, or by threat or by any other means, directly or indirectly, induce or cause any person summoned as a witness in any case before the municipal judge, to absent himself from the trial of said case, or who shall induce or cause, by persuasion, threats, or any other means, any person to absent or secrete himself for the purpose of avoiding the service of process of any kind issued by the municipal judge, shall be deemed guilty of a misdemeanor.  (Ord. 32, §7; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-4.  Escape from jail.

        If any person lawfully imprisoned in the city calaboose or other place of imprisonment in the city, or in the custody of the chief of police or other officer or guard, charged with violation of any ordinance, shall break from said calaboose or other place of imprisonment, or break custody and escape therefrom, or shall damage or destroy any property therein, shall be deemed guilty of a misdemeanor.  (Ord. 32, §8; 1977 Code)  (For penalty see Sec. 1-13.)

Secs. 18-5 to 18-9.  Reserved.

ARTICLE II

DISORDERLY CONDUCT

AND PUBLIC ORDER

Sec. 18-10.  Disturbing the peace.

        If any person or persons shall willfully disturb the peace of any family or person, or peace of the neighborhood within the city limits of the City of St. James by loud and unusual noise, loud, offensive or indecent conversation, or by threatening, shall be deemed guilty of a misdemeanor.  (Ord. 26, §15; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-11.  Disturbing worship.

        (a)   Every person who shall willfully, maliciously or contemptuously disquiet or disturb any congregation or assembly or people met for religious worship, by making a noise, or by rude or indecent behavior, or by profane discourse within the place of worship or so near to the same as to disturb the order and solemnity of the meeting, or menace, threaten or assault any person there being, shall be deemed guilty of a misdemeanor.  (Ord. 28, §4;  1977 Code)  (For penalty see Sec. 1-13.)

        (b)   That whoever shall loiter, assemble or gather around or in the vestibule of any church, to the annoyance and disturbance of any person or persons either entering or leaving the same when any form of religious worship, moral, literary, scientific instructions or entertainments is being conducted or carried on therein, shall be deemed guilty of a misdemeanor.  (Ord. 28, §9; 1977 Code)  (For penalty see Sec. 1-13.)

Secs. 18-12 to 18-16.  Reserved.

ARTICLE I

IN GENERAL

Sec. 18-1.  Obstructing justice or official police business; resisting an officer.

        (a)   If any person or persons shall knowingly or willfully obstruct, resist or oppose the chief of police or any of his deputies or any other city officer in the service or execution, or any attempt to serve or execute any writ, warrant or process of any kind, issued from the municipal judge's court, or in the discharge of any official duty, he or they shall be deemed guilty of a misdemeanor.  (Ord. 32, §1; 1977 Code)  (For penalty see Sec. 1-13.)

        (b)   Every person who shall knowingly and willfully assault, beat or wound any such officer while engaged in the service or execution or in the attempt to serve or execute any writ warrant or process issued from the municipal judge's court, or any order or rule of said court, or while in the discharge of any other official duty, shall be deemed guilty of a misdemeanor.  (Ord. 32, §2; 1977 Code)  (For penalty see Sec. 1-13.)

        (c)   If any person or persons shall by force set at liberty or rescue, or attempt by force to set at liberty or rescue from any city officer having legal custody or charge of the same, any prisoner or prisoners, either before or after conviction, he or they shall be deemed guilty of a misdemeanor.  (Ord. 32, §3; 1977 Code)  (For penalty see Sec. 1-13.)

        (d)   If any person or persons shall by force set at liberty or rescue, or attempt by force to set at liberty or rescue from the custody of the municipal judge's court, any person while in said court, either before or after conviction, he or they shall be deemed guilty of a misdemeanor.  (Ord. 32, §4; 1977 Code)  (For penalty see Sec. 1-13.)

        (e)   If any person or persons shall by force set at liberty or rescue, or attempt by force to set at liberty or rescue, either before or after conviction, any prisoner held in custody or confinement for a violation of any ordinance of this city, he or they shall be deemed guilty of a misdemeanor.  (Ord. 32, §5; 1977 Code)  (For penalty see Sec. 1-13.)

        (f)    All persons who shall aid, abet or assist in the commission of any of the offenses mentioned in Subsections (a), (b), (c), (d), and (e) shall be punished in the same manner as the principals.  (Ord. 32, §6.)

Sec. 18-2.  Impersonating an officer.

        If any persons not authorized by the laws of this city shall assume or exercise any of the powers conferred by ordinance upon the city police or shall by any means or by any manner represent himself as being or possessing the powers of a policeman, he shall be deemed guilty of a misdemeanor.  (Ord. 31, §2; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-3.  Intimidating witnesses.

        Every person who shall entice or persuade, or by threat or by any other means, directly or indirectly, induce or cause any person summoned as a witness in any case before the municipal judge, to absent himself from the trial of said case, or who shall induce or cause, by persuasion, threats, or any other means, any person to absent or secrete himself for the purpose of avoiding the service of process of any kind issued by the municipal judge, shall be deemed guilty of a misdemeanor.  (Ord. 32, §7; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-4.  Escape from jail.

        If any person lawfully imprisoned in the city calaboose or other place of imprisonment in the city, or in the custody of the chief of police or other officer or guard, charged with violation of any ordinance, shall break from said calaboose or other place of imprisonment, or break custody and escape therefrom, or shall damage or destroy any property therein, shall be deemed guilty of a misdemeanor.  (Ord. 32, §8; 1977 Code)  (For penalty see Sec. 1-13.)

Secs. 18-5 to 18-9.  Reserved.

ARTICLE II

DISORDERLY CONDUCT

AND PUBLIC ORDER

Sec. 18-10.  Disturbing the peace.

        If any person or persons shall willfully disturb the peace of any family or person, or peace of the neighborhood within the city limits of the City of St. James by loud and unusual noise, loud, offensive or indecent conversation, or by threatening, shall be deemed guilty of a misdemeanor.  (Ord. 26, §15; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-11.  Disturbing worship.

        (a)   Every person who shall willfully, maliciously or contemptuously disquiet or disturb any congregation or assembly or people met for religious worship, by making a noise, or by rude or indecent behavior, or by profane discourse within the place of worship or so near to the same as to disturb the order and solemnity of the meeting, or menace, threaten or assault any person there being, shall be deemed guilty of a misdemeanor.  (Ord. 28, §4;  1977 Code)  (For penalty see Sec. 1-13.)

        (b)   That whoever shall loiter, assemble or gather around or in the vestibule of any church, to the annoyance and disturbance of any person or persons either entering or leaving the same when any form of religious worship, moral, literary, scientific instructions or entertainments is being conducted or carried on therein, shall be deemed guilty of a misdemeanor.  (Ord. 28, §9; 1977 Code)  (For penalty see Sec. 1-13.)

Secs. 18-12 to 18-16.  Reserved.

ARTICLE III

DRUG ABUSE CONTROL

Sec. 18-17.  Marijuana possession.

        (a)   It is unlawful for any person to have in his possession or under his control marijuana in the City of St. James .  Quantities of 35 grams or less at the discretion of the city municipal court shall be treated as misdemeanors.  Quantities over 35 grams shall be treated as felonies and filed with the county court at the discretion of the municipal judge.  (Ord. 393, §1.)

        (b)   For the purposes of this Section, "marijuana" means 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 Gigantee 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 stalks (except the resin extracted therefrom), fiber, oil or cake, or the pound, 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.  (Ord. 393, §2.)

        (c)   Any person who violates the provisions of this Section is guilty of a misdemeanor and, upon conviction, shall be punished as follows:

                (1)   By a fine not exceeding five hundred ($500.00) dollars; or

                (2)   By imprisonment for a period not exceeding ninety (90) days; or

                (3)   By both such fine and imprisonment.  (Ord. 293, §3.)

Sec. 18-18.  Reserved.

Sec. 18-19. Unlawful use and delivery of drug paraphernalia.

       (a) Definitions:
       All equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or an imitation controlled substance in violation of Chapter 195 RSMo. It includes, but is not limited to:

              (1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

              (2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances or imitation controlled substances;

              (3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance or an imitation controlled substance;

              (4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances or imitation controlled substances;

              (5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances or imitation controlled substances;

              (6) Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances or imitation controlled substances;

              (7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

              (8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances or imitation controlled substances;

              (9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances or imitation controlled substances;

              (10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or imitation controlled substances;

              (11) Hypodermic syringes, needles and other object used, intended for use, or designed for use in parenterally injecting controlled substances or imitation controlled substances into the human body;

              (12) Objects used, intended for use or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

              (A) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

              (B) Water pipes;

              (C) Carburetion tubes and devices;

              (D) Smoking and carburetion masks;

              (E) Roach clips meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

              (F) Miniature cocaine spoons and cocaine vials;

              (G) Chamber pipes;

              (H) Carburetor pipes;

              (I) Electric pipes;

              (J) Air-driven pipes;

              (K) Chillums;

              (L) Bongs;

              (M) Ice pipes or chillers;

              In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:

              (A) Statements by an owner or by anyone in control of the object concerning its use;

              (B) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance or imitation controlled substance;

              (C) The proximity or the object, in time and space, to a direct violation of Sections 195.005 and 195.425, RSMo. 2000;

              (D) The proximity of the object to controlled substances or imitation controlled substances;

              (E) The existence of any residue of controlled substances or imitation controlled substances on the object;

              (F) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he knows, or should reasonably know, intend to use the object to facilitate a violation of Sections 195.005 and 195.425, RSMo 2000 the innocence of an owner or of anyone in control of the object, as to direct violation of Sections 195.005 and 195.425, RSMo 2000 shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;

              (G) Instructions, oral or written, provided with the object concerning its use;

              (H) Descriptive materials accompanying the object which explain or depict its use;

              (I) National or local advertising concerning its use;

              (J) The manner in which the object is displayed for sale;

              (K) Whether the owner or anyone in control of the object, is a legitimate supplier of like or related items to the community such as licensed distributor or dealer of tobacco products;

              (L) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

              (M) The existence and scope of legitimate uses for the object in the community;

              (N) Expert testimony concerning its use.


       (b) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, sort, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or an imitation controlled substance.

       (c) It is unlawful for any person to deliver, possess with intent to deliver or manufacture, with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, compare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or an imitation controlled substance.

       (d) Any person who violates the provisions of this section shall be punished as follows:

              (A) By a fine not exceeding $500.00; or,

              (B) By imprisonment in the county jail for a period not exceeding ninety (90) days; or,

              (C) By both such fine and imprisonment.
(Ord. 830, §1)

Secs. 18-20 to 18-22.  Reserved.

 

ARTICLE IV

GAMBLING

Sec. 18-23.  Unlawful gambling.

        Every person who shall bet any money, property or anything of value upon any gambling table, bank or device, or who shall bet any money or property upon any game of chance, played with cards, dice, or other means whereby money or property may be lost or won, shall be deemed guilty of a misdemeanor.  (Ord. 27, §2; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-24.  Keeping gambling house.

        Every person who shall permit any gambling table, bank or device prohibited by this Ordinance to be kept or maintained on his premises or those occupied by him or under his control, shall be deemed guilty of a misdemeanor.  Provided the provisions of this Ordinance shall not apply to the owner of any real estate not occupied by him.  (Ord. 27, §3; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-25.  Keeping gambling devices.

        (a)   That any person who shall set up or keep in this city any table or gaming device, devised or designed for the purpose of playing any game of chance with cards, dice, figures or letters for money or property, and shall induce, entice, or permit any person to bet or play at or upon any such gambling table or gambling device, shall be deemed guilty of a misdemeanor.  (Ord. 27, Sec. 1; 1977 Code)  (For penalty see Sec. 1-13.)

        (b)   Every person who shall expose in any street, lane or alley of this city, or upon any lot or other open places, for the purpose of enticing, allowing or permitting any person or persons to play thereon or therewith any implement for the playing of chuckaluck, rondo, dice, cards, craps, or shall set up in such public place any roulette table, slot machine or other gambling device, shall be deemed guilty of a misdemeanor.  (Ord. 27, §4; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-26.  Minors - Playing cards.

        Every keeper of a dram shop, billiard table or bowling alley who shall permit a minor to play cards on their premises, whether the said minor play for money or other property or not, shall be deemed guilty of a misdemeanor.  (Ord. 27, §5; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-27.  Duty of police.

        Whenever the chief of police, or any of the police officers of the city shall have knowledge or satisfactory information that there is any gaming table or gambling device, kept or used within this city, it shall be their duty to bring them before the mayor or municipal judge, when the keeper thereof shall receive a speedy trial, and gambling table or device shall be destroyed or forfeited to the city.  (Ord. 27, §6.)

Sec. 18-28.  Witnesses.

        Any person called as a witness to testify against another for gaming is a competent witness to prove the offense, although he may have been concerned as a party, and is compelled to testify as other witnesses, but he shall not be liable to indictment or punishment.  (Ord. 27, §7.)

Secs. 18-29 to 18-33.  Reserved.

ARTICLE V

HEALTH AND SAFETY

Sec. 18-34.  Littering.

        (a)   Litter in public places- No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the city except in public receptacles or authorized private receptacles.  (1977 Code)

        (b)   Manner of depositing litter- Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon private property.  (1977 Code)

        (c)   Sweeping litter into public places- No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.

                (1)           Within the meaning of this section the word "litter" shall include, without excluding other substances, falled leaves, cut weeds, grass clippings, branches and twigs that may accumulate on any building lot or premises.  (1977 Code)

        (d)   Burning litter, leaves, etc., prohibited- No person shall burn any litter as defined in (1), in any street, gutter, or other public place within the city.  (1977 Code)

        (e)   Sidewalks to be kept free of litter- Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.  Persons owning or occupying places of business within the city shall keep the front of their business premises free of litter.  (1977 Code)

        (f)    Littering by persons in vehicles- No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property.

                (1)   No driver of any vehicle shall allow any passenger in that vehicle to throw or deposit litter upon any street or other public place within the city, or upon private property.  (1977 Code)

        (g)   Transportation of litter- No person shall drive or move any truck or other vehicle hauling or transporting litter within or about the city, unless such vehicle is so constructed and the load secured so as to prevent any of the contents therein being blown, dropped or deposited upon any street, alley or other public place.  (1977 Code)

        (h)   Littering on any private premises- No person shall throw or deposit litter on any private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property owned by another.  (1977 Code)

Sec. 18-35.  Obstructing streets, alleys and sidewalks.

        No person shall obstruct any street, alley, sidewalk or public grounds in this city with any kind of vehicles, boxes, lumber, wood, barrels, railroad ties or other thing, or shall place any earth, filth or rubbish on, or dig any holes in the same without the consent of the city council, he shall be fined, on conviction, in a sum not exceeding fifty ($50.00) dollars.  And if any person shall continue any such obstruction for twenty-four hours after being notified by the chief of police or street commissioner to remove it, he shall be deemed guilty of a  misdemeanor.  (Ord. 29, §1; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-36.  Depositing offal or other things in streets or lots.

        (a)   That if any person shall erect or construct any ditch, drain or sewer, or cause to be erected or constructed, any ditch, drain or sewer on his premises, or on or through the premises of any other person or persons, for the purpose of conveying, or that does convey from his premises to any street, lane, alley, ditch, sewer or gutter of this city, any filth, offal or other matter which is offensive or unwholesome, or likely to become such to the neighborhood, or if any person shall allow such matter to remain upon his premises in such a manner as to become offensive or unwholesome to the neighborhood, he shall be deemed guilty of a misdemeanor.  (Ord. 30, §1; 1977 Code)  (For penalty see Sec. 1-13.)

        (b)   Any person who shall in this city throw from the windows or upper story of any building into any street or upon any sidewalk, any water, slop, rubbish or filth of any kind, or any other thing calculated to endanger the comfort or safety or persons passing along such streets or sidewalks, shall be deemed guilty of a misdemeanor.  (Ord. 30, §4; 1977 Code)  (For penalty see Sec. 1-13.)

        (c)   That no person shall deposit or leave the carcass, or any part thereof, of any dead animal in any part of this city, and any person violating the provisions of this Section shall be deemed guilty of a misdemeanor.  (Ord. 30, §8; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-37.   Snow on sidewalks.

        Hereafter it shall be unlawful for any person, firm or corporation, their agents or tenants, owning or occupying any lot, lots, tract or parcel of land within the city limits abutting any street, to allow ice or snow to accumulate or remain upon the sidewalk in front of said property for a  period of 48 hours after the same may accumulate there, but shall be required to keep the sidewalk cleaned of snow and ice, so as not to endanger or inconvenience pedestrians who may travel over such sidewalks.  (Ord. 37, §1.)  (For penalty see Sec. 1-13.)

Sec. 18-38.  Throwing stones or balls on streets.

        Any person who shall throw any stone, brick, piece of wood or other hard substance in or across any street or alley of this city, or in any public place, or at or against any house, building or vehicle, shall be deemed guilty of a misdemeanor.  (Ord. 28, §5; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-39.  Obstructing gutters.

        If any person shall drive any wagon, dray or other vehicle in any gutter so as to injure the paving or curbing, or shall place any obstruction in any gutter so as to injure the paving or curbing, or shall place any obstruction in the gutter, he shall be deemed guilty of a misdemeanor.  (Ord. 29, §5; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-40.  Unlawful spitting.

        Any person found guilty of spitting upon any sidewalk, street crossing, alley crossing, or upon the floor or walls of any public building, school house, assembly hall, or any building that the public must use, shall be deemed guilty of a misdemeanor.  (Ord. 29, §13; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-41.  Maintaining improper or unsafe sidewalks or streets.

        All owners and occupiers, or their agents, of any property fronting on any sidewalk, curbstone or gutter, shall keep such sidewalk, curbstone or gutter free and clear of all filth, or of all obstructions, such as boxes, barrels, baskets, vegetables, or obstructions of any kind, and shall keep all weeds or grass adjacent to and along said sidewalk cut down, and for failure to comply with this Section, such owners, occupiers or their agents, shall be deemed guilty of a misdemeanor.  (Ord. 29, §10; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-42.  Excavations.

        All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard.  Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.  (Ord. 399, Art. 4, §11.)

Sec. 18-43.  Noxious weeds.

          (1977 Code)   (Repealed by Ord. 710)

Sec. 18-44.  Boarding trains.

        If any person, minor or adult, shall climb upon, hold to, or in any manner attach himself to any locomotive engine or cars while the same shall be in motion, or running into or through the city, he shall be deemed guilty of a misdemeanor.  Provided: that this section shall not apply to any employee of the railroad company, nor to any passenger, nor to any person acting by permission or under the rules of the company then operating the road.  (Ord. 31, §7; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-45.  Violation.

        Any person, firm or corporation intentionally violating the provisions of Sections 18-37 and 18-43 shall be adjudged guilty of a misdemeanor.  (Ord. 37, §3; 1977 Code)  (For penalty see Sec. 1-13.)

Secs. 18-46 to 18-50.  Reserved.

ARTICLE VI

MINORS AND FAMILY OFFENSES

Sec. 18-51.  Contributing to the delinquency of a minor.

        (a)   No person shall endanger the welfare of a child within the City of St. James, Missouri by knowingly acting in a manner that creates a substantial risk to the life, body or health of a child less than seventeen (17) years old.  (Ord. 414, §1.)

        (b)   No person shall encourage, aid, cause or contribute in any fashion to the conduct of a child less than seventeen (17) years old which causes or tends to cause the child to come within the provisions of Section 211.031, Subdivision (1) (c) of the Revised Statutes of Missouri for 1978 and causing or contributing toward the child's behavior, environment or associations injurious to his welfare or to the welfare of others.  (Ord. 414, §2.)

        (c)   Any person found guilty of violating this ordinance shall be fined not less than twenty-five ($25.00) dollars and not more than two hundred ($200.00) dollars, and may be sentenced to jail for a period not exceeding thirty (30) days.  (Ord. 414, §3.)

Sec. 18-52.  Curfew hours for persons under the age of seventeen years.

        (a)       Definitions.

        For purpose of this section:

        A.    "Curfew hours" shall mean 11:00 P.M. on any Sunday, Monday, Tuesday, Wednesday or Thursday, until 5:00 A.M. on the following day, and from 12:01 A.M. until 5:00 A.M. on any Friday, Saturday or Sunday.

        B.    "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term "emergency" includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation that requires immediate action to prevent serious bodily injury or loss of life.

        C.    "Establishment" means any privately-owned place of business to which the public is invited, including, but not limited to, any place of amusement or entertainment.

        D     "Guardian" means a person who, by virtue of an existing court Judgment or Order, is the guardian of the person of a minor or a public or private agency with whom a minor has been placed by a Judgment or Order of a court of competent jurisdiction.

        E.     "Minor" means any person under the age of 17 years, but does not include a judicially emancipated minor or a married minor.

        F.     "Narcotic trafficking" means the act of engaging in any activity related to narcotic drugs or controlled substances prohibited by law.

        G     "Parent" means a natural parent, adoptive parent or step-parent, or any person who has legal custody by court Judgment or Order or marriage, or any person who is authorized by the natural parent or guardian to be a caretaker for the child.

        H.    "Public place" means any place to which the public, or a substantial group of the public, has access, and including, but is not limited to, streets, buildings, transport facilities and retail shops and businesses where the public is invited to enter.

        I.      "Remain" means to linger or stay or fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises or any business located therein.  (Ord. 592, §1)

        (b)   Curfew authority; defenses; enforcement and penalties.

        A.    A minor commits an offense of this ordinance if he or she remains in any public place or on the premises of any establishment within the designated curfew hours.

        B.    A parent or guardian of a minor commits an offense of this ordinance if he or she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment during the curfew hours.

        C.    It is a defense to prosecution under this chapter that the minor was:

                1. Accompanied by the minor's parent or guardian or other adult supervising the minor with the parent or guardian's knowledge and consent;

                2. On an errand at the direction of the minor's parent or guardian, without any detour or stop;

                3. In a motor vehicle, train, or bus involved in lawful interstate or intrastate travel;

                4. Engaged in an employment activity or going to, or returning home from, an employment activity, without any detour or stop;

                5. Involved in an emergency.

                6. On the sidewalk that abuts the minor's residence or that abuts the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor's presence.

                7. In attendance at an official school, religious, or other recreational activity sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to, or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor.

                8. Exercising First Amendment rights protected by the United States Constitution, including free exercise of religion, freedom of speech, and the right of assembly.

        D. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no recognized defense is preferred or is present.

        E. If a police officer determines that a minor is committing a curfew offense, the police officer shall take the minor to the nearest available police headquarters or substation or other area designated by the police department.

        F. A minor who violates this section shall be detained by the police department at the nearest available police headquarters, substation, or other area designated by the police department and released into the custody of the minor's parent, guardian, or an adult person acting in loco parentis with respect to the minor. A minor who is released to a person acting in loco parentis with respect to the minor shall not be taken into custody for violation of this chapter while returning home with the custodian. If no one claims responsibility for the minor, the minor may be taken to the minor's residence or placed in the custody of the appropriate official at the Juvenile Office or the Division of Family Services of the Department of Social Services and, subsequently, released at 5:00 A.M. the following morning.

        G. Any adult who violates a provision of this chapter is guilty of a separate offense for each day, or part of a day, during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.00.  (Ord. 592, §2)

        (c)   Severance

        If any section, sentence, clause of phrase of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this ordinance.  (Ord. 592, §3)

Sec. 18-53.  Sale and supplying of intoxicating liquor to minors and certain persons prohibited.

        (a)   It shall be unlawful for any person to knowingly sell, vend, give away, procure for or otherwise supply any intoxicating liquor as defined in Section 311.020 RSMo, 1994, as amended, in any quantity whatsoever to any person under the age of twenty-one (21) years or to any person intoxicated or appearing to be in a state of intoxication or to a habitual drunkard.  (Ord. 700, §1)

        (b)   Any person found guilty of violating the provisions of this Section shall be subject to a fine not to exceed five hundred dollars ($500.00) or be subject to imprisonment in the county jail for a period not to exceed ninety (90) days or by both such fine and confinement.  (Ord. 700, §2)

 Sec. 18-54.  Possession of cigarettes or other tobacco products prohibited.

      (a)     No person less than eighteen years of age shall purchase, attempt to purchase or possess cigarettes or other tobacco products unless such person is an employee of a seller of cigarettes or tobacco products and is in such possession to effect a sale in the course of employment, or an employee of  the division of liquor control for enforcement purposes pursuant to subsection 5 of section 407.934 RSMO 2000.

      (b)     Any person less than eighteen years of age shall not misrepresent his or her age to purchase cigarettes or tobacco products.

      (c)     Any person violating the provisions of this section shall be penalized as follows:

 (1)       For the first violation, the person is guilty of an infraction and shall have any cigarettes or tobacco products confiscated;

 (2)       For a second violation and any subsequent violations, the person is guilty of an infraction, shall have any cigarettes or tobacco products confiscated and shall complete a tobacco education and smoking cessation program, through the PhelpsCountyRegionalMedicalCenter or Boys and Girls Town of Missouri.

 (3)       The violator is responsible for any fees associated with the tobacco education and smoking cessation program.  (Ord. 719, §§1-3)

Sec. 18-55.  Smoking prohibited in public buildings owned and operated by the City of St. James, Missouri.

      (a)     No person shall smoke or carry a lighted cigar, cigarette, or pipe in any building owned or operated by the City of St. James, Missouri. Smoking will not be allowed in enclosed areas used by the general public or serving as a place of work, including open office areas. Smoking shall be specifically prohibited in the following areas:

 (1) All City owned buildings.

(2) All City owned vehicles.

     (b)     Placards or signs reading "Smoking Prohibited" or "No Smoking" shall be posted in all City owned or operated buildings.

     (c)     The prohibition of smoking shall not apply to those areas that are so designated as smoking areas by placard or sign.

     (d)     Any person failing, neglecting, or refusing to comply with the provisions of this Section shall be deemed guilty of an ordinance violation with a fine of not more than $500 and/or up to 90 days in jail. (Ord. 834)

Sec. 18-56.  Reserved.

ARTICLE VII

NOISE REGULATIONS

Sec. 18-57.  Permit required;  application;  fees.

        Hereafter it shall be unlawful for any person, firm, association or corporation to use what is commonly known as a public address system or amplifying device upon the streets of the City of St. James or upon private property, except in enclosed buildings, within said city without first having obtained a permit from the city clerk which shall be issued by the clerk upon payment of twenty-five (25¢) cents which shall be collected by him for the use and benefit of the city.  (Ord. 223, §1.)

Sec. 18-58.  Terms of permit.

        Permits authorized herein shall not be issued for a period longer than three weeks.  (Ord. 223, §3.)

Sec. 18-59.  Regulations for use of equipment.

        Every person to whom a permit is issued shall observe the following rules and regulations:

        (a)   Permittee shall not use or permit to be used a public address system between the hours of 7:00 P.M. and 8:00 A.M. without special permission of the city council.

        (b)   No public address system shall be operated within the distance of one block of any school during school hours and while any such school is in session.

        (c)   Permittee shall not operate public address systems at any one place but must keep such device moving along the street and he shall not pass over or along any one street more than once an hour.

        (d)   Public address systems may be used in other manners than provided by this ordinance and upon private property where the same is not  used in enclosed buildings only when the city council shall have granted such right, and residents residing within 200 feet of the place where the same is used have given their written consent.  (Ord. 223, §2.)

Sec. 18-60.  Penalty.

        Any person, firm, association, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor.  (Ord. 223, §4; 1977 Code)  (For penalty see Sec. 1-13.)

Secs. 18-61 to 18-65.  Reserved.

ARTICLE VIII

OBSCENITY AND

SEX OFFENSES

Sec. 18-66.  Harboring prostitute.

        That any person who shall keep, maintain or harbor in this city any prostitute, knowing her to be such, shall be deemed guilty of a misdemeanor.  (Ord. 26, §8; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-67.  Houses of ill repute.

        (a)   That any person who shall keep or maintain in this city a house of ill fame or prostitution, or a house in which disorderly, licentious, obscene or indecent conduct or language is permitted or allowed, shall be deemed guilty of a misdemeanor, and any house above mentioned may be adjudged and declared a nuisance by the mayor.  That the occupant of said house shall be liable, and shall be deemed guilty of a misdemeanor.  (Ord. 26, §5; 1977 Code)  (For penalty see Sec. 1-13.)

        (b)   That any and every person who shall be an inmate or resident of a house of ill fame or prostitution in this city, or who shall visit or frequent any such house for lewd, licentious, obscene or indecent purposes, shall be deemed guilty of a misdemeanor and the fact of any person being found in any such house in the night time between the hours of nine o'clock P.M. and five o'clock A.M. shall be prime facie evidence of his or her visiting or frequenting the same for such purposes.  (Ord. 26, §6; 1977 Code)  (For penalty see Sec. 1-13.)

        (c)   That any person or persons who shall knowingly lease or let any house, hall, tenement or other place in this city to any person or persons to be used or kept as a brothel, or house of ill fame or prostitution, or shall permit such person or persons to occupy and operate such house, hall or tenement as a house of ill fame or prostitution after the same has been declared such by the mayor, shall be deemed guilty of a misdemeanor.  (Ord. 26, §7; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-68.  Indecent exposure of person prohibited; transvestism.

        Every person who shall appear in any public place in this city in a state of nudity, or in any dress not belonging to his or her sex, or in any indecent or lewd dress, or who shall make an indecent or public exposure of his or her person, or be guilty of any indecent or lewd acts or behavior, or shall exhibit, sell or offer to sell any indecent or lewd book, picture or other article, or shall exhibit or perform any indecent, immoral or lewd play or other representation, shall be deemed guilty of a misdemeanor.  (Ord. 26, §4; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-69.  Stallions and other animals not to be exhibited.

        Any person who shall hitch any stallion or jack on the public streets, alleys or any other public place within the corporate limits of the City of St. James shall be guilty of a misdemeanor.  (Ord. 26, §12; 1977 Code)  (For penalty, see Sec. 1-13.)

Sec. 18-70.  Obscene language.

        Any person being found intoxicated, or using any profane or obscene language in any street, alley or public place in this city, shall be deemed guilty of a misdemeanor.  (Ord. 26, §7; 1977 Code)  (For penalty see Sec. 1-13.)

Secs. 18-71 to 18-75.  Reserved.

ARTICLE IX

OFFENSES AGAINST PERSONS

Sec. 18-76.  Assault, battery.

(a) (1) No person shall attempt to cause or recklessly cause physical injury to another person; or (2) cause physical injury to another person by means of a deadly weapon; or, (3) place another person in apprehension of immediate physical injury; (4) knowingly cause physical contact with another person knowing the other person will regard the contact as offensive or provocative; or (5) knowingly cause or attempt to cause physical injury to or physical contact with a law enforcement officer without the consent of the law enforcement officer.

(b) No person shall knowingly cause or attempt to cause physical injury to a family or household member or place a family or household member in apprehension of immediate physical injury by any means where the act involves a family or household member or an adult who is or has been in a continuing social relationship of a romantic or intimate nature with the actor as defined in Section 455.010 RSMo. 2000.

(c) Any person who violates the provisions of this Section shall be fined a sum not exceeding $500.00 or be sentenced to imprisonment for a term not exceeding 90 days or be both fined and imprisoned or be subject to such fine and imprisonment. (Ord. 28, §1; Ord. 31, §3; Ord. 840, §§1-3; Ord. 847, §§1-3)

Secs. 18-77 to 18-81.  Reserved.

ARTICLE X

PROPERTY AND THEFT OFFENSES

Sec. 18-82.  Stealing.

(a) Definitions: As used in this section, the following terms mean:

(1) "Actual damages", the full retail value of any merchandise which is taken or which has its price altered plus any proven incidental costs to the owner of the merchandise not to exceed one hundred dollars.

(2) "Mercantile establishment", any place where merchandise is displayed, held or offered for sale either at retail or at wholesale.

(3) "Merchandise", all things movable and capable of manual delivery and offered for sale either at retail or wholesale.

(4) "Unemancipated minor", an individual under the age of eighteen years whose parents or guardian have not surrendered the right to the care, custody and earnings of such individual, and are under a duty to support or maintain such individual.

(5) "Appropriate" means to take, obtain, use, transfer, conceal or retain possession of.

(6) "Credit device" means a writing, number or other device purporting to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.

(7) "Debit device" means a card, code, number or other device other than a check, draft or similar paper instrument, by the use of which a person may initiate an electronic fund transfer, including, but not limited to, devices that enable electronic transfers of benefits to public assistance recipients.

(8) "Deceit" means purposely making a representation which is false and which the actor does not believe to be true and upon which the victim relies, as to a matter of fact, law, value, intention or other state of mind.

(9) "Deprived" means to withhold property from the owner permanently; or to restore property only upon payment of reward or other compensation; or, to use or dispose of property in a manner that makes for recovery of the property unlikely.

(10) "Of another" property or services is that of another if any natural person, corporation, partnership, association, governmental subdivision or instrumentality, other than the actor, has a possessory or a proprietary interest therein.

(11) "Property" means anything of value, whether real or personal, tangible or intangible, in possession or in action, and shall include, but shall not be limited to, the evidence of a debt actually executed but not delivered or issued as a valid instrument.

(12) "Services" includes, transportation, telephone, electricity, gas, water or other public service, accommodation in hotels, restaurants or elsewhere, admissions to exhibitions and the use of vehicles.

(13) "Writing" includes printing, any other method of recording information, money, coins, negotiable instruments, tokens, stamps, seals, credit cards, badges, trademarks and any other symbols of value, right, privilege or identification. (Ord. 873, §1)

(b) Stealing.
A person commits the violation of stealing if he or she appropriates property or services of another of a value of five hundred dollars or less with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion. (Ord. 873, §2)

(c) Leased property.

(1) A person commits the crime of failing to return leased or rented property if, with the intent to deprive the owner thereof, he 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 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.

(2) It shall be prima facie evidence of the violation 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 days after proper notice following the expiration of the lease or rental agreement.

(3) 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.

(4) 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. (Ord. 873, §3)

(d) Civil liability.

(1) An adult or a minor who takes possession of any merchandise from any mercantile establishment without the consent of the owner, without paying the purchase price and with the intention of converting such merchandise to his own use, or the use of another, or who purchases merchandise after altering the price indicia of such merchandise, shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of not less than one hundred dollars nor more than two hundred fifty dollars and all court costs and reasonable attorney fees.

(2) The parents or guardian having physical custody of an unemancipated minor, who takes possession of any merchandise from any mercantile establishment without the consent of the owner, without paying the purchase price and with the intention of converting such merchandise to his own use, or the use of another, or who purchases merchandise after altering the price indicia of such merchandise, shall be civilly liable to the owner for actual damages, provided that a parent or guardian shall not be liable if they have not had physical custody for a period in excess of one year.

(3) Notwithstanding the provisions of subsections (1) and (2) of this section, any person who, without the consent of the owner, takes possession of a shopping cart from any mercantile establishment with the intent to convert such shopping cart to his own use or the use of another shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of one hundred dollars and all court costs and reasonable attorney fees. (Ord. 873, §4)

(e) Penalty.
Whoever shall violate the provisions of this code section shall, upon conviction, be subject to a fine of not less than dollar nor more than five hundred dollars or imprisonment in the county jail for a period not exceeding ninety days or by both such fine and confinement.
(Ord. 403A, §1 & 2; Ord. 458; Ord. 697, §1; Ord. 873. §5)

Sec. 18-83.  Theft of city property.

        If any person shall dig, remove, or carry away any earth, sand, gravel or sod from any public grounds within the city, he shall be deemed guilty of a misdemeanor.  (Ord. 29, §6; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-84.  Destroying or disfiguring city property.

        (a)   If any person shall stick, paste or post any bills or placards upon any public building or fence, or upon any private building, fence or other property without the consent of the owner, he shall be deemed guilty of a misdemeanor.  (Ord. 29, §8; 1977 Code)  (For penalty see Sec. 1-13.)

        (b)   If any person shall intentionally injure, deface or destroy any public property within the city, or any fence, awning, building, railing or other property of another, he shall be deemed guilty of a misdemeanor.  (Ord. 29, §7; 1977 Code)  (For penalty see Sec. 1-13.)

        (c)   No authorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works.  Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.  (Ord. 299, Art. 6, §1.)

Sec. 18-85.  Destroying or disfiguring private property.

        (a)   Every person who shall willfully destroy, disfigure or injure any wall, fence, hedge, monument, tree or shrub within the city limits, or hitch to any shade tree, shall be deemed guilty of a misdemeanor.  (Ord. 26, §15; 1977 Code)  (For penalty see Sec. 1-13.)

        (b)   Hereafter it shall be unlawful for any person, group of persons, firm or corporation to post any bills, posters or advertising matter of any type or character, political or otherwise upon any telephone pole, electric light pole or any other public property of any type or character, and also any private property without the consent of the owner, within the limits of the City of St. James, Missouri.  (Ord. 138, §1.)

        Whoever shall violate the provisions of Subsection (b) shall be deemed guilty of a misdemeanor.  (Ord. 138, §2; 1977 Code)  (For penalty see Sec. 1- 13.)

Sec. 18-86.  Disturbing survey monuments.

        Any person who shall intentionally remove, deface, injure or destroy any stake, monument or landmark in this city, established by legal survey, shall be deemed guilty of a misdemeanor.  (Ord. 29, §9; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-87.  Trespassing.

        (a)   No person shall knowingly enter unlawfully or knowingly remain unlawfully in a building or inhabitable structure or upon real property of another.  (Ord. 411, §1.)

        (b)   The terms "enter unlawfully or remain unlawfully" in or upon premises, as used herein, shall mean when a person is not licensed or privileged to do so.  (Ord. 411, §2.)

        (c)   A license or privilege to enter the premise of another shall cease by the owner or legal occupant of the premises actually communicating that fact to the actor or actors or by posting the fact in a manner reasonably likely to come to the attention of intruders.  (Ord. 411, §3.)

        (d)   Any person found guilty hereunder shall be fined an amount of money not to exceed one hundred ($100.00) dollars.  (Ord. 411, §4.)

Sec. 18-88.  Loitering.

        Any two or more persons who in this city shall assemble upon any sidewalk, street crossing or street corner, or in front of any public building or place of business, and there remain loafing or spending their time in idleness, so as to obstruct the sidewalk, street crossing or street corners, shall each be deemed guilty of a misdemeanor.  (Ord. 30., §2; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 18-89.  Loitering on or near St. James R-1 School District property by unauthorized persons.

        (a)   It shall be unlawful for any person not having an interest in the business of the operation of the St. James R-1 School District to loiter on the grounds of or within the buildings of the District, or to be within 500 feet of such grounds or buildings when the District's elementary and secondary schools are in session beginning one hour before and ending one hour after.  (Ord. 563, §1)

        (b)   Any person so loitering as described in subsection (a) herein shall immediately leave the grounds or buildings of the District upon the request of the school's principal or his authorized representative and anyone who shall fail or refuse to so leave shall be in violation of this ordinance.  (Ord. 563, §2)

        (c)   Penalty.  Any person found guilty hereunder shall be subject to a fine not exceeding $500.00 or by imprisonment in the county jail for ninety (90) days or by both such fine and imprisonment.  (Ord. 563, §3)

Sec. 18-90.  Property damage.

        (a)   Definitions. For purposes of this section, property is that "of another" if any natural person, corporation, partnership, association, governmental subdivision or instrumentality, other than the actor, has a possessory or proprietary interest therein. (Ord. 708, §1)

        (b)   A person commits the crime of property damage if he knowingly damages property of another to an extent not exceeding $750.00. (Ord. 708, §2)

        (c)   Whosoever shall violate the provisions of this section shall, upon conviction, be subject to a fine of not less than $1.00 nor more than $500.00 or imprisonment in the county jail for a period not exceeding 90 days or by both such fine and imprisonment.  (Ord. 708, §3)

Sec. 18-91.  Utterance and use of insufficient funds checks or drafts prohibited.

         (a) (A) It shall be unlawful for any person, with a purpose to defraud, to make, issue or pass a check or other similar sight order for the payment of money, knowing that it will not be paid by the drawee, or that there is no such drawee;

              (B) It shall be unlawful for any person to make, issue or pass a check or other similar sight order for the payment of money, where the face amount of the check or sight order or the aggregated amounts is $500.00 or less, knowing that there are insufficient funds in that account or that there is no such account or no drawee and to fail to pay the check or sight order within ten (10) days after receiving actual notice in writing that it has not been paid because of insufficient funds or credit with the drawee or because there is no such drawee.

       (b) As used in this Subsection (a), "actual notice in writing" means notice of the nonpayment which is actually received by the defendant. Such notice may include the service of summons or warrant upon the defendant for the initiation of the prosecution of the check or checks which are the subject matter of the prosecution if the summons or warrant contains information of the ten-day period during which the instrument may be paid and that payment of the instrument within such ten-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) In addition to any fines or confinement as hereinafter described, the court may collect from the issuer, in addition to the face amount of the check, a reasonable service charge which along with the face amount of the check, shall be turned over to the party to whom the bad check was issued.

       (d) Violation of this section shall result in the assessment of a fine of not less than $100.00 nor more than $500.00 or by confinement in the county jail for a period not exceeding ninety (90) days or by both such fine and confinement. (Ord. 721, §§1-3; Ord. 831, §§1-4)

Secs. 18-92 to 18-93.  Reserved.

ARTICLE XI

WEAPONS AND EXPLOSIVES

Sec. 18-94.  Definitions.

        As used in this Article:

         (1)       "Antique, curio or relic firearm" means any firearm so defined by the National Gun Control Act, 18 U.S.C. Title 26, Section 5845, and the United States Treasury/Bureau of Alcohol Tobacco and Firearms, 27 CFT Section 178.11:

                    (a)       "Antique firearm" is any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, said ammunition not being manufactured any longer; this includes any matchlock, wheel lock, flintlock, percussion cap or similar type ignition system, or replica thereof;

                     (b)      " Curio or relic firearm" is any firearm deriving value as a collectible weapon due to its unique design, ignition system, operation or at least fifty years old, associated with a historical event, renown personage or major war;

       (2)       "Blackjack" means any instrument that is designed or adapted for the purpose of stunning or inflicting physical injury by striking a person, and which is readily capable of lethal use.

        (3)       "Concealable firearm" means any firearm with a barrel less than sixteen inches in length, measured from the face of the bolt or standing breech.

       (4)       "Deface" means to alter or destroy the manufacturer's or importer's serial number or any other distinguishing number or identification mark.

       (5)       "Explosive weapon" means any explosive, incendiary, or poison gas bomb or similar device designed or adapted for the purpose of inflicting death, serious physical injury, or substantial property damage; or any device designed or adapted for delivering or shooting such a weapon.

        (6)       "Firearm" means any weapon that is designed or adapted to expel a projectile by the action of an explosive.

       (7)       "Firearm silencer" means any instrument, attachment, or appliance that is designed or adapted to muffle the noise made by the firing of any firearm.

       (8)       "Gas gun" means any gas ejection device, weapon, cartridge, container or contrivance other than a gas bomb, that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellent or temporary incapacitating substance.

        (9)       "Intoxicated" means substantially impaired mental or physical capacity resulting from introduction of any substance into the body.

        (10)       "Knife" means any dagger, dirk, stiletto, or bladed hand instrument that is readily capable of inflicting serious physical injury or death by cutting or stabbing a person. For purposes of this article, 'knife" does not include any ordinary pocket knife with no blade more than 4 inches in length.

        (11)       "Knuckles" means any instrument that consists of finger rings or guards made of a hard substance that is designed or adapted for the purpose of inflicting serious physical injury or death by striking a person with a fist enclosed in the knuckles.

       (12)       "Machine gun" means any firearm that is capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger.

        (13)       "Projectile weapon" means any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.

        (14)       "Rifle" means any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger.

        (15)       "Short barrel" means a barrel length of less than 16 inches for a rifle and 18 inches for a shotgun, both measured from the face of the bolt or standing breech or an overall rifle or shotgun length of less than twenty-six inches.

       (16)       "Shotgun" means any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire a number of shot or a single projective through a smooth bore barrel by a single function of the trigger.

       (17)       "Spring gun" means any fused, timed or non-manually controlled trap or device designed or adapted to set off an explosive for the purpose of inflicting serious physical injury or death.

        (18)     "Switchblade knife" means any knife which has a blade that folds or closes into the handle or sheath and,

                    (a)       That opens automatically by pressure applied to a button other device located on the handle; or,

                    (b)       That opens or releases from the handle or sheath by the force of gravity or by the application of centrifugal force.

(Ord. 28, §6; 1977 Code; Ord. 590, §1; Ord. 800, §1)

Sec. 18-95.  Concealed weapons.

        (a) A person commits the crime of unlawful use of weapons if he or she knowingly:

                    (1)       Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or

                    (2)       Sets a spring gun; or

                    (3)       Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft or motor vehicle as defined in section 302.010, RSMo, or any building or structure used for the assembling of people; or

                    (4)       Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

                    (5)       Possesses or discharges a firearm or projectile weapon while intoxicated; or

                    (6)       Discharges a firearm within one hundred yards of any occupied schoolhouse, courthouse, or church building; or

                    (7)       Discharges or shoots a firearm at a mark, at any object, or at random, on, along or across a public highway or discharges or shoots a firearm into any building; or

                    (8)       Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof; or

                    (9)       Discharges or shoots a firearm at or from a motor vehicle, as defined in section 301.010 RSMo, discharges or shoots a firearm at any person, or at any other motor vehicle, or at any building or habitable structure, unless the person was lawfully acting in self-defense; or

                    (10)       Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.

        (b)     Subdivisions (1), (3), (4), (6), (7), (8), (9) and (10) of subsection (a) of this section shall not apply to or affect any of the following:

                    (1)       All state, county and municipal peace 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, whether such officers are within or outside their jurisdictions or on or off duty, 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)       Any coroner, deputy coroner, medical examiner, or assistant medical examiner.

        (c)     Subdivisions (1), (5), (8) and (10) of subsection (a) of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of subsection (a) of this section does not apply to any person twenty-one years of age or older transporting a concealable firearm in the passenger compartment of a motor-vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his or her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subdivision (10) of subsection (a) of this section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purpose of facilitation of a school-sanctioned firearm-related event.

        (d)     Subdivisions (1), (8) and (10) of subsection (a) of this section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to section 571.094 RSMo or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state.

        (e)     Subdivisions (3), (4), (5), (6), (7), (8), (9) and (10) of subsection (a) of this section shall not apply to persons who are engaged in a lawful act of defense pursuant to section 563.031, RSMo.

        (f)     Nothing in this section shall make it unlawful for a student to actually participate in school-sanctioned gun safety courses, student military or ROTC courses, or other school-sponsored firearm-related events, provided the student does not carry a firearm or other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any other function or activity sponsored or sanctioned by school officials or the district school board.

        (g)     Unlawful use of weapons is a class D felony unless committed pursuant to subdivision (6), (7) or (8) of subsection (a) of this section, in which cases it is a class B misdemeanor or subdivision (5) or (10) of subsection (a) of this section, in which case it is a class A misdemeanor if the firearm is unloaded and a class D felony if the firearm is loaded, or subdivision (9) of subsection (a) of this section, in which case it is a class B felony, except that if the violation of subdivision (9) of subsection (a) of this section results in injury or death to another person, it is a class A felony.

        (h)     Violations of subdivision (9) of subsection (a) of this section shall be punished as follows:

                    (1)       For the first violation a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony;

                    (2)       For any violation by a prior offender as defined in section 558.016, RSMo, a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony without the possibility of parole, probation or conditional release for a term of ten years;

                    (3)       For any violation by a persistent offender as defined in section 558.016, RSMo, a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony without the possibility of parole, probation, or conditional release;

                    (4)       For any violation which results in injury or death to another person, a person shall be sentenced to an authorized disposition for a class A felony.

        (i)     Any person knowingly aiding or abetting any other person in the violation of subdivision (9) of subsection (a) of this section shall be subject to the same penalty as that prescribed by this section for violations by other persons.

(Ord. 29, §12; 1977 Code; Ord. 590, §1; Ord. 800, §1) 

Sec. 18-96.  Firearms in city buildings.

        (a)     No person who has been issued a concealed carry endorsement by the Missouri Director of Revenue under Section 571.094 RSMo or who has been issued a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state, shall, by authority of that endorsement or permit, be allowed to carry a concealed firearm or to openly carry a firearm in any building or portion of a building owned, leased or controlled by the city.

        (b)     Signs shall be posted at each entrance of a building entirely owned, leased or controlled by the city stating that carrying of firearms is prohibited. Where the city owns, leases or controls only a portion of a building, signs shall be posted at each entrance to that portion of the building stating that carrying of firearms is prohibited.

        (c)     This section shall not apply to buildings used for public housing by private persons, highways or rest areas, firing ranges, or private dwellings owned, leased or controlled by the city.

        (d)     Any person violating this section may be denied entrance to the building or ordered to leave the building. Any city employee violating this section may be disciplined. No other penalty shall be imposed for a violation of this section.

        (e)     No person who has been issued a certificate of qualification which allows the person to carry a concealed firearm before the Director of Revenue begins issuing concealed carry endorsements shall, by authority of that certificate, be allowed to carry a concealed firearm or to openly carry a firearm in any building or portion of a building owned, leased or controlled by the city.

  (Ord. 410, §§1-3; Ord. 590, §1; Ord. 800, §1)

Sec. 18-97.  Discharge of firearms - Exceptions.

          (Ord. 371, §1; Ord. 590, §1) (Repealed by Ord. 800)

Sec. 18-98.  Sale and discharge of.

        (a)   No person shall discharge, set off or cause to be discharged or set off any explosives commonly known as firecrackers, torpedoes or fireworks in or upon any public street, alley or thoroughfare or in any other public place within the City of St. James nor shall any person discharge, set off, or cause to be set off or discharged, any explosives commonly known as firecrackers, torpedoes or fireworks in or on any private property except on July 4 between the hours of 8:00 A.M. and 12:00 Midnight.

        (b) No person shall sell or offer for sale any fireworks to individuals at retail within the city limits of St. James, Missouri prior to the 20th day of June or after the 10th day of July. (Ord. 28, §7; 1977 Code; Ord. 590, §1)

Sec. 18-99. Penalty.

        Any person found guilty of violating any provisions of this Article XI shall be punishable by a fine of not less than $50.00 nor more than $500.00 or by imprisonment exceeding 90 days or by both such fine and imprisonment. (Ord. 590, §1)

 

ARTICLE XII

SALE, POSSESSION AND CONSUMPTION OF

INTOXICATING LIQUOR

 

Sec. 18-100. Definitions.

As used in this Article:

       (1) Fall Festival: An annual event which takes place at the property located at 1500 West Springfield Street in St. James Missouri, which is considered to be on going from the beginning of the first day until the closing of the last day.

       (2) Intoxicating liquor: Shall mean and include alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combinations of liquors, a part of which is spirituous, vinous, fermented, and all preparations or mixtures for beverage purposes, containing in excess of one-half of one percent by volume.

       (3) Container: Any cup, mug, glass, can, bottle, or any other item in the possession of a person or persons regardless of composition shape or size, which can be used to facilitate the possession, consumption or transport of any intoxicating liquor.

       (4) Wine/Beer garden: An area of the grounds located at 1500 West Springfield Street, designated by the St. James Chamber of Commerce to be used for the sale and consumption of wine/beer during the Annual Fall Festival. (Ord. 961)

       (5) Open beer or liquor container in vehicle: A person commits the offense of transporting an open beer or liquor container if a container of malt-liquor, or intoxicating liquor is found to be open within a vehicle which that person has under his control or in which that person is passenger. (Ord. 926)

Sec. 18-101. Unlawful intoxicating liquor at Annual Fall Festival.

       (a) It shall be unlawful for any person or persons to be in possession of any container of which the contents include any intoxicating liquor while attending the Annual Fall Festival located at 1500 West Springfield Street in St. James, Missouri, other than that which is authorized in connection with the Wine/Beer Garden. The sale and consumption of wine/beer is allowed only within the boundaries of the designated area defined as the “Wine/Beer Garden”. (Ord. 961)

       (b) Penalty. Any person violating any of the provisions of this Article may be punished by a fine of up to five hundred dollars and or a jail term not to exceed ninety days. (Ord. 926)

Sec. 18-102. Transporting an open beer or liquor container – Prohibited.

       (a) A person commits the offense of transporting an open beer or liquor container if a container of non-intoxication beer, malt liquor, or intoxicating liquor is found to be open within a vehicle which that person has under his control or in which that person is passenger.

       (b) Penalty: Any person violating any of the provisions of this Article may be punished by a fine of up to five hundred dollars and or a jail term not to exceed ninety days. (Ord. 477, §§1-3; Ord. 926)

Secs. 18-103 to 18-107. Reserved.