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HomeMy WebLinkAbout2003-033 - Amendments to Chapter 210 of the Municipal CodeBILL NO. 2003-33 ORDINANCE NO. 2003-33 AN ORDINANCE AMENDING TITLE II, CHAPTER 210 OF THE MUNICIPAL CODE OF THE CITY OF RIVERSIDE, MISSOURI, BY AMENDING PROVISIONS REGARDING CERTAIN CRIMINAL OFFENSES WHEREAS, the legislature of the State of Missouri revised several criminal statutes in its 2002 legislative session; and WHEREAS, the City of Riverside, Missouri (the "City") and its staff have conducted a comprehensive review of the City's Municipal Code (the "Code") sections regarding criminal offenses corresponding to those State statutes revised by the Missouri Legislature in 2002; and WHEREAS, the City staff and the Board of Aldermen have reviewed, examined and deemed adoption of the provisions to be advisable and in the City's best interests for the promotion of the health, safety and welfare of the residents of the City; and WHEREAS, the City deems it advisable to harmonize, to the extent possible, its ordinances with the statutes of the State. NOW, THERFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. Sections 210.100, 210.170, 210.310, 210.370, and 210.480 of the Municipal Code of the City of Riverside, Missouri are hereby amended, and shall read as follows: SECTION 210.100: FALSE REPORTS A. A person commits the crime of making a false report if he/she knowingly: 1. Gives false information to any person for the purpose of implicating another person in a crime; or [Subsection 2. is unchanged.] 3. Makes a false report or causes a false report to be made to a Law Enforcement Officer, security officer, fire department or other organization, official or volunteer, which deals with emergencies involving danger to life or property that a fire or other incident calling for an emergency response has occurred or is about to occur. [Subsections B. and C. are unchanged.] C:'.UocumenLS and Settings lrusick'I,ocal Scttings.Tcmporary Intcrncl riles.OLKT.Ordinanee re. revisions to certain criminal offenses (K0321240).DOC SECTION 210.170: RESISTING OR INTERFERING WITH ARREST, DETENTION, OR STOP A. A person commits the offense of resisting or interfering with arrest, detention or stop if, knowing that a Law Enforcement Officer is making an arrest, or attempting to lawfully detain or stop an individual or vehicle, or the person reasonably should know that a Law Enforcement Officer is making an arrest or attempting to lawfully detain or lawfully stop an individual or vehicle, for the purpose of preventing the officer from effecting the arrest, stop or detention, the person: [Subsections 1. and 2. are unchanged.] [Subsection B. is unchanged.] C. A person is presumed to be fleeing a vehicle stop if that person continues to operate a motor vehicle after that person has seen or should have seen clearly visible emergency lights or has heard or should have heard an audible signal emanating from the law enforcement vehicle pursuing that person. D. It is no defense to a prosecution pursuant to Subsection (A) of this Section that the Law Enforcement Officer was acting unlawfully in making the an-est. However, nothing in this Section shall be construed to bar civil suits for unlawful arrest. SECTION 210.310: STEALING [Subsection A. is unchanged.] B. Evidence of the following is admissible in any prosecution under this Section on the issue of the requisite knowledge or belief of the alleged stealer that: [Subsections 1.-4. are unchanged.] 5. He/she, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, alters, counterfeits, or reproduces a retail sales receipt, price tag, or universal price code label, or possesses with intent to cheat or defraud, the device that manufactures fraudulent receipts or universal price code labels. SECTION 210.370: FRAUDULENT USE OF A CREDIT DEVICE A person commits the offense of fraudulent use of a credit device if he/she uses a credit device for the purpose of obtaining services or property, knowing that: [Subsections 1.-2. are unchanged.] 3. For any other reason his/her use of the device is unauthorized; or C'-0ocwnents and Setlin~slrusick Local Settings'; temporary Internet C`Documents and Setlings4rusick local Se(tin~si temporary Intemet PilerOLK7~.Ordinancc re. revisions to certain criminal offenses Piles'OLK7`:Ordinance re. revisions to certain criminal offenses (K0321240). UOC (K0321240). DOC 4. He/she uses a credit device or debit device for the purpose of paying property taxes and knowingly cancels said charges or payment without just cause. It shall be prima facie evidence of a violation of this section if a person cancels said charges or payment after obtaining a property tax receipt to obtain license tags from the Missouri Department of Revenue. SECTION 210.480: ARTICLE DEFINITIONS As used in this Article, the following terms shall have the meanings set out herein: ["Patronizing Prostitution" and "Prostitution" are unchanged.] SEXUAL CONDUCT.• Occurs when there is: 1. Sexual intercourse. Any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results; 2. Deviate sexual intercourse. Any sexual act involving the genitals of one (1) person and the mouth, hand, tongue or anus of another person; or 3. Sexual contact. Any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person; ["Something of Value" is unchanged.] Section 2. The provisions of the Municipal Code of the City of Riverside, Missouri enacted or amended herein shall not be construed to revive any former ordinance, clause or provision of the Municipal Code of the City of Riverside, Missouri. Section 3. The sections, paragraphs, clauses, and phrases of the Ordinance are severable and if any portion of the Ordinance is declared unlawful by the valid judgment, decree, or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance and all provisions of the Ordinance not specifically declared to be unlawful shall remain in full force and effect. Section 4. This ordinance overrides any conflicting provision or regulation within the Municipal Code of the City of Riverside, Missouri. Section 5. This ordinance shall take effect immediately C~Doeuments and Settings lrusick~Local Settings~Temporary lulemel (';',Uocumenis and Scltings IrusicK Local Seuings~ temporary Internet files ~OLKT.Ordinance re. revisions to certain criminal offenses riles'.OLKT.Ordinance re. revisions to certain criminal offenses (K0321240).DOC (K032I240).000 Passed this day of April 2003. MM ayo~ ATTE~: ~ ~ ty Clerk C:'-0oeuments and Settingslrusick'Locat Settings'Temporary In[emet Ct~Docmnen(s and Settings Imsick`Lucal Seltingsa~emporary Inlemet Cilcs'.OLKTOrdinance re. revisions to certain criminal ollenses Files OLK7.Ordinance re. revisions to certain criminal ot7enses (K0321240). DOC (K072 R4UI_DOC