City of pleasant hope missouri municipal code

Section 225.230: Stealing

Sub Section A. A person commits the crime of stealing if he appropriates property or services of another with the purpose to deprive him thereof, either without consent or by means of deceit or coercion.
Sub Section B. Stealing is a Class A misdemeanor.

Section 225.235: Receiving Stolen Property

Sub Section A. A person commits the crime of receiving stolen property if for the purpose of depriving the owner of a lawful interest therein; he receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen.
Sub Section B. Evidence of the following is admissible in any criminal prosecution under this section to prove the requisite knowledge or belief of the alleged receiver:

1. 
   That he was found in possession or control of other property stolen on separate occasions from two or more persons;
   

2. 
   That he received other stolen property in another transaction with the year preceding the transaction charged;
   

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

Sub Section C. Receiving stolen property is a Class A misdemeanor.

Section 225.240: Peace Disturbance

Sub Section A. Definitions for the purpose of this section:
Property of Another – means any property in which the actor does not have a possessor’s interest.
Private Property – means any place which at the time is not open to the public. It includes property which is owned publicly or privately.
Public Place – means any place which at the time is open to the public. It includes property which is owned publicly or privately.
Separate Premises - if a building or structure is divided into separately occupied units, such units are separate premises.
Sub Section B. Peace Disturbance

1. 
   A person commits the crime of peace disturbance if:
   
   1. 
      He unreasonably and knowingly causes disturbs or alarms another person or persons by;
      

1. 
   Loud noise; or
   

2. 
   Offensive and indecent language which is likely to produce an immediate violent response from a reasonable recipient; or
   

3. 
   Threatening to commit an assault, a Class A or Class B misdemeanor, or a felony against any person; or
   

4. 
   Fighting; or
   

5. 
   Creating a noxious and offensive order.
   

2. 
   He is in a public place or on private property of another without consent and purposely cause inconvenience to another person or persons by unreasonably and physically obstructing:
   
   1. 
      Vehicular or pedestrian traffic; or
      

2. 
   The free ingress or egress to or from a public or private place.
   

2. 
   Private peace disturbance is a Class C misdemeanor.
   

Section 225.250: Unlawful Assembly

Sub Section A. A person commits the crime of unlawful assembly if he knowingly assembles with six (6) or more other persons and agrees with such persons to violate any of the criminal laws of Missouri or of the United States or the ordinances of the City of Pleasant Hope with force or violence.
Sub Section B. Unlawful assembly is a Class B misdemeanor.

Section 225.255: Minor’s Curfew; Permitting a Violation of Minor’s Curfew

Sub Section A. Definitions for the purpose of this section:
Curfew Hours – means 11:00 P.M. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 5:30 A.M. or the following day; and 12:01 A.M. until 5:30 A.M. on any Saturday or Sunday.
Emergency – means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
Establishment – means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
Guardian – means:

i. A person who, under court order, is the guardian of the person of a minor, or
ii. A public or private agency with whom a minor has been placed by a court who maintains a place or residence for a minor, or
iii. A person with whom a minor has been placed by a public or private agency or with whom a minor has been placed by a court.
Minor – (solely for the purposes of this Section but for no other provision of the Pleasant Hope Municipal Code) means any person less than seventeen (17) years of age.
Operator – means any individual, firm, association, partnership, or corporation operating, managing or conducting any establishment. The term includes the members or partners of any association or partnership and the officers of a corporation.
Parent – mean a person who is a natural parent, adoptive parent, or step-parent of a minor, or a person who is at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor. Solely for the purpose of Sub Section D and E of this Section, it does not include:
i. a person who, although the natural or adoptive parent or guardian of a minor, does not have actual, physical custody of a minor at the time of a curfew violation as a result of a court order granting custody, temporary custody or visitation to another person, and such other person is, at the time of the violation, exercising the custody, temporary custody or visitation rights with the minor pursuant to that order; or
ii. a person who, although the natural or adoptive parent or guardian of a minor, is not exercising actual custody, temporary custody or visitation with a minor, and who is a party to a pending legal action involving the custody of the minor and the Court before which such custody proceeding is pending has made no order relating to custody, temporary custody or visitation, but the laws of the State of Missouri grant custody of the child by virtue of the filing of such action to another person.
Private Place – means any land or building which is owned by one or more private persons, partnerships, corporations or associations. For the purpose of this Section, the term does not include:
i. the residence and the land upon which it sits of a parent or guardian of a minor.
ii. any other residence and the land upon which it sits occupied by persons who are eighteen (18) years of age or older at which a minor is staying with the consent of the occupants of such residence and the consent of the parent or guardian of such minor,
iii. the common areas of any multi-dwelling unit at which the minor resides with a parent or guardian, on
iv. the common areas of any multi-dwelling unit occupied by persons who are eighteen (18) years of age or older at which a minor is staying with the consent of the occupants of such dwelling unit and the consent of the parent or guardian of such minor.
Public Place – means any place to which the pubic or a substantial group of the public has access and includes, but is not limited to, streets or their right-of-ways, highway or their right-of-ways, alleys or their right-of-ways, sidewalks, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
Remain – means to linger or stay, or to fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
Residence – means a home, apartment, mobile home, trailer or other residential unit intended for the use and occupancy of any number of persons related to one another by blood or marriage, or no more than four (4) unrelated persons.
Serious Bodily Injury – means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Sub Section B. Classes of Violations

1. 
   Class 1 Curfew Violation: A minor commits the Class 1 offense of "Curfew Violation" if he is in any public or private place during curfew hours. The first offense of Class 1 Curfew Violation is an infraction. All subsequent offenses shall be a Class C misdemeanor.
   

2. 
   Class 2 Curfew Violation: A minor commits the Class 2 offense of "Curfew Violation" if he remains in any public or private place during curfew hours. The first offense of Class 2 Curfew Violation is a Class C misdemeanor. All subsequent offenses shall be a Class B misdemeanor.
   

3. 
   Class 1 Permitting a Curfew Violation: A parent or guardian of a minor commits the Class 1 offense of permitting a curfew violation if he negligently, by the exercise of insufficient control, allows a minor to commit a Class 1 or Class 2 Curfew Violation, after having first been given one (1) oral or written notice of a prior curfew violation of either class by a minor for which he is the parent or guardian. The first offense (after having received one (1) notice of a prior curfew violation of either class by a minor for which he is the parent or guardian) of Class1 Permitting a Curfew Violation shall be an infraction. All subsequent violations shall be a Class C misdemeanor.
   

4. 
   Class 2 Permitting a Curfew Violation: A parent or guardian of a minor commits the Class 2 offense of permitting a curfew violation if he knowingly allows a minor to commit a Class 1 or Class 2 Curfew Violation, after having first been given one (1) oral or written notice of a prior curfew violation of either class by a minor for which he is the parent or guardian. The first offense (after having received one (1) notice of a prior curfew violation of either class by a minor for which he is the parent or guardian) of the Class 2 offense of Permitting a Curfew Violation shall be a Class C misdemeanor. All subsequent violations shall be a Class B misdemeanor.
   

5. 
   Class 3 Permitting a Curfew Violation: The operator of an establishment commits the Class 3 offense of Permitting a Curfew Violation, if such operator or any of its agents or employees, negligently allows a minor to remain in such operator's establishment during curfew hours. The first offense of Class 3 Permitting a Curfew Violation shall be an infraction. All subsequent offenses shall be a Class C misdemeanor.
   

Sub Section C. No Suspension of Imposition of Sentence:

Upon a finding that a person is guilty of an offense under this Section, the Court having competent jurisdiction shall not suspend the imposition of sentence except for the first conviction of an offense under the Class 1 Permitting a Curfew Violation or Class 2 Permitting a Curfew Violation.

Sub Section D. Defenses:

It is a defense to a finding of guilt under Sub-Sections "B." above of the minor if:

1. 
   Is accompanied by his parent or guardian; or
   

2. 
   Is traveling directly to or from a public or private place on an errand at the direction of his parent or guardian; or
   

3. 
   Is on an emergency errand affecting the minor, his parent or guardian, grandparent, sibling or a member of the minor's household; or
   

4. 
   Is traveling in interstate commerce; or
   

5. 
   Is traveling directly to or from, a school, church or civic activity, or is participating in a lawful social, recreational, educational, or religious activity sponsored and supervised by a school, church, political subdivision, civic club, or other organized group of adults, with the consent of his parent or guardian; or
   

6. 
   Is traveling directly to or from, or is participating in, a civil rights activity protected by the 1^st Amendment to the United States Constitution; or
   

7. 
   Is engaged in a lawful employment activity or is going directly to or from a lawful employment activity without any detour or stop.
   

Sub Section E. Procedures Involving Juveniles:

It shall be lawful for a law enforcement officer to stop and inquire of, or request identification from, any person who he has reasonable cause to believe is a minor that is violating Sub-Sections "B" of this Section. In the absence of actual knowledge of the age of the suspected violator by the officer, an officer shall have reasonable cause to stop and inquire of or request identification from a person if the person's appearance would create a doubt in the mind of a reasonable person as to whether the suspect is over the age of fifteen (15) years. If the suspect states that he is under the age of sixteen (16) years, or asserts that he is over the age of fifteen (15) years but is unable to produce identification which establishes his age, and the officer continues to have reasonable doubt of the person's age, the officer shall take such person into custody and deliver him to the home of his parent or guardian. If the parent or guardian is not home, the officer may nevertheless leave the suspect at his home if he observes no condition which appears to create a significant risk of injury or harm to the suspect. If the suspect refuses to identify himself, or upon arriving at the home of the suspect, observes any condition which appears to create a significant risk of injury or harm, the officer shall deliver the person to the Pleasant Hope Police Station, and shall promptly notify or cause to be notified the appropriate juvenile authorities. The officer shall thereafter take such actions as are directed by those authorities. In addition, the officer shall:

1. 
   Prepare or cause to be prepared a Report to the Juvenile Officer of Suspected Curfew Violation on forms developed for this purpose by the Police Chief after consultation with the Polk County Juvenile Officer, and to assure that such report is delivered to the Juvenile Officer, and
   
2. 
   Shall prepare or cause to be prepared a Notice to Parent or Guardian of Suspected Curfew Violation on forms developed for this purpose by the Police Chief, and shall assure delivery of such notice to the parent(s) or guardian(s); and
   
3. 
   Shall prepare or cause to be prepared such other reports of the suspected violation as the Police Chief may direct, from time to time. If the officer has reason to believe that an adult may have violated this Section, a report shall be provided to the City Attorney.
   

Sub Section F. It shall be the duty of the Police Chief to:

1. 
   Develop or cause to be developed a system of identifying those minors and parents and guardians who have previously violated this Section; and
   
2. 
   Develop or cause to be developed a system of identifying those parents and guardians of minors who have been notified of a violation of this Section; and
   
3. 
   To prepare or cause reports to the Board of Aldermen to be made at least quarterly which shall include, at a minimum, the following information:
   
   1. 
      The number of referrals by the Police Department during the prior month to the Juvenile Officer for all suspected juvenile offenses other than a Curfew Violation; and
      
   2. 
      The number of referrals by the Police Department during the prior month to the Juvenile Officer for all suspected Curfew Violations; and
      
   3. 
      The number of offense complaints received by the Police Department for offenses which are believed by the complainant to have been committed during Curfew Hours, and
      

4. 
   The number of those referrals mentioned in Paragraph "a." for persons who are age 16, and
   
5. 
   The number of referrals to the City Attorney or the County Prosecuting Attorney for persons who are age 17, and
   
6. 
   If available, the number of visits to local medical emergency facilities by minors, by persons aged 16 and by persons aged 17 during curfew hours; and
   
7. 
   Such other information as will enable the Board of Aldermen to determine the effectiveness of this Ordinance in protecting minors and the citizens of the City from minors; and whether offenses and other incidents involving persons who are 16 and 17 years of age require consideration of expanding this Section so as to include such persons.
   

Sub Section G: Provisions of Section Severable:

If any word, phrase, clause or Sub-Section of Section 225.255 shall be found to be unlawful or unconstitutional, the remaining portions hereof shall not thereby be affected accept as may be required by the striking of the unlawful or unconstitutional part; and the remainder thereof shall continue to be fully enforceable.