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HomeMy WebLinkAboutOrd.130.03-07-1984 ' a' • . . • • � BILL N0. 84-18 ORDINANCE N0. � �� �...=' AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ESTABLISHING A NEW CHAPTER 18, ARTICLE III PERTAINING TO OFFENSES AGAINST PROPERTY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION l. Chapter 18 of the Code of Ordinances of the City of Cape Girardeau, Missouri is hereby amended by adding the following: ARTICLE III . OFFENSES AGAINST PROPERTY Sec. 18-26. Reckless Burning or Exploding. A person commits the offense of reckless burning or exploding when he knowingly starts a fire or causes an explosion and thereby recklessly damages or destroys a building or an inhabitable structure of another. � Sec. 18-27 . Negligent Burning or Exploding. A person commits the offense of negligent burning or exploding when he with criminal negligence causes damage to property of another by fire or explosion. Sec. 18-28 . Tampering. l. A person commits the offense of tampering if he: (1) Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or (2) Unlawfully rides in or upon another ' s automobile, airplane, motorcycle, motorboat or other motor- propelled vehicle; or (3) Tampers with, or causes to be tampered with, any meter or other property of an electric, gas, steam or water utility, or cable television company, the effect of which tam�ering is either: A. To prevent the proper measuring of electric, gas, steam, water or cable television service; or 1�r.:� ` �.�,� ��' � • .' . . .. B. To permit the diversion of any electric, gas, steam, water or cable television service. 2. "Tamper" means to interfere with something improperly, to meddle with it, displace it, make unwarranted alterations in its existing condition, or to deprive temporarily, the owner or possessor of that thing. 3 . In any prosecution under subdivision (3) of subsection 1, proof that a meter or any other property of a utility or cable television company has been tampered with, and the person or persons accused received the use of or direct benefit of the electric, gas, steam, water or cable television service, with one or more of the effects described in subdivision (3) of subsection l, shall �e 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, water or cable television service. Sec. 18-29. Property Damage. A person commits the offense of property damage if: l. He knowingly damages property of another; or 2. He damages property for the purpose of defrauding an insurer. Sec. 18-30. Trespass in the First Degree. 1. A person commits the offense of trespass in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable struc- ture or upon real property. 2. A person does not commit the offense of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designated 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. Sec. 18-31 . Trespass in the Second Degree. 1. A person commits the offense of trespass in the second degree if he enters unlawfully upon real property of another. This is an offense of absolute liability. 2 . - �.• - • . 2 . Trespass in the second degree shall be punished by a fine not exceeding two hundred dollars ($200. 00) . Sec. 18-32 . Trespass on Private Parking Lots. It shall be unlawful for any unauthorized person to park, cause to be parked, or to enter for the purpose of parking any motor vehicle or other wheeled vehicle on any private parking lot as hereinafter defined. Private parking lot as used in this section means any real estate within the City of Cape Girardeau designated a private parking lot by the owner thereof and marked by signs conspicuously posted at the entrances to the parking lot, said signs to be of at least three (3) square feet in size and to contain the words "Private Parking" , "Private Parking Lot" , or words of similar effect suff icient to give notice to the public of the use of the said real estate as a private parking facility. Unauthorized persons as used in this section means any person not authorized by the owner of the lot either by private contract or by appropriate language on the posted sign referred to above such as "Parking limited to the customers of " or words of similar effect. Upon written complaint to the police department of the City of Cape Girardeau by the owner of the parking lot or by his agent or by an individual renting a designated space in the private parking lot, the police department of the City of Cape Girardeau shall cause the violating vehicle to be ticketed. A person found guilty of violating this section shall be punished by a fine of not less than ten dollars ($10 . 00) plus costs. Secs 18-33 - 18-41 Reserved. SECTION 2 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 3 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS / � DAY OF 6� �-'"-�`-� 1984 . ATTEST: � ���,,( •� ,j � , � MAYOR ��,C�L..L�.. ct--c.t�.CC.z_.-� CITY CLERK 3.