Loading...
HomeMy WebLinkAbout2001-010 - Amendments to Chapter 210 of the Municipal CodeBILL NO.~OD/ /C' ORDINANCE NO. ~DC% ~~ AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF RIVERSIDE BY AllDING SECTIONS TO ARTICLE II, CHAPTER 210, RELATED TO PUBLIC SAFETY AND PROTECTION WHEREAS, the Missouri Legislature has adopted bills and signed such into law which in general provide for greater protection of Missouri residents and expand the acts and activities which may be punished and which shall therefore be deterred due to their threat to the public health and safety. WHEREAS, the City has the duty of protecting the public health, safety and welfare and desires to fairly and responsibly do so. WHEREAS, the Missouri legislature has established specifc law which makes it a criminal offense to leave a child in a vehicle unattended where such unattended child causes an injury or fatality related to that vehicle. WHEREAS, the City desires to deter and punish those who cause vehicular injury or fatality by leaving children in vehicles unattended, and to further protect the health, safety and well-being of the children. WHEREAS, the Missow-i legislature has established specific law which makes it a criminal offense to make terroristic threats with the intent to disturb or frighten the public. WHEREAS, the City desires to deter and pwlish any activity related to terroristic threats intended to disturb or frighten the public. WHEREAS, the Missouri legislature has established specific law which makes it a criminal offense to trespass upon a school bus. WHEREAS, the City desires to ensure and expand the protection of its schools and the children who attend them, specifically the means of transportation related to the same. WHEREAS, the Missouri legislature has established specific law which makes it a criminal offense to exploit the elderly or disabled in a manner which deprives the same of their financial means or property. WHEREAS, the City desires to deter and punish any activity related to the financial exploitation of the elderly or disabled. NOW, THEREFORE, BE IT ORDAINED by the Board of Aldermen of Riverside, Missouri: Section 1. The Municipal Code of the City of Riverside is hereby amended to add Section 210.265, Leaving a Child Unattended in a Motor Vehicle, which shall read as follows: P.`CI,IGNfsV61492V00002\K0180605.DOC SECTION 210.265: LEAVING A CHILD UNATTENDED IN A MOTOR VEHICLE A. As used in this section, the following terms mean: 1. "Collision," the act of a motor vehicle coming into contact with an object or a person; 2. "Injury," physical harm to the body of a person; 3. "Motor vehicle," any automobile, truck, truck-tractor, or any motor bus or motor-propelled vehicle not exclusively operated or driven on fixed rails or tracks; 4. "Unattended," not accompanied by an individual fourteen year of age or older. B. A person commits the offense of leaving a child unattended in a motor vehicle if such person knowingly leaves a child ten years of age or less unattended in a motor vehicle and such child injures or fatally injures another person by causing a motor vehicle collision or by causing the motor vehicle to injure or fatally injure a pedestrian. Note-Under certain circumstances this offense can be a felony under state law. Section 2. The Municipal Code of the City of Riverside is hereby amended to add Section 2l 0.305, Making a Terroristic Threat, which shall read as follows: SECTION 210.305: MAKING A TERRORISTIC THREAT A person commits the crime of making a terroristic threat if such person communicates a threat to commit a felony, a knowingly false report concernnlg the commission of any felony, or a knowingly false report concerning the occurrence of any catastrophe: 1. For the purpose of frightening or disturbing ten or more people; 2. Por the purpose of causing the evacuation or closure of any building, inhabitable structure, place of assembly or facility of transportation; or 3. With reckless disregard of the risk of causing the evacuation or closure of any building, inhabitable structure, place of assembly or facility of transportation. Section 3. The Municipal Code of the City of Riverside is hereby amended to add Section 210.412, Trespass of a School Bus, which shall read as follows: SECTION 210.412: TRESPASS OF A SCHOOL BUS A. A person commits the crime of trespass of a school bus if he knowingly and unlawfully enters any part of or unlawfully operates airy school bus. J: ~CLI ENTtiV6149?V00002\K0180605 DOC B. For the purposes of this section, the terms "unlawfully enters" and "unlawfully operates" refer to any entry or operation of a school bus which is not: I. Approved of and established in a school district's written policy on access to school buses; or 2. Authorized by specific written approval of the school board. C. In order to preserve the public order, any district which adopts the policies described in Subsection B of this section shall establish and enforce a student behavior policy for students on school buses. Section 4. The Municipal Code of the City of Riverside is hereby amended to add Section 210.415, Financial Exploitation of the Elderly and Disabled, which shall read as follows: SECTION 210.415: FINANCIAL EXPLOITATION OF THE ELDERLY ANll DISABLED A. A person is guilty of the offense of financial exploitation of an elderly or disabled person if such person stands in a position of trust and confidence with the elderly or disabled person, as described in Subsection C below, and such person knowingly and by deception or intimidation obtains control over the elderly or disabled person's property with the intent to permanently deprive the elderly or disabled person of the use, benefit or possession of his or her property thereby benefiting such person or detrimentally affecting the elderly or disabled person. B. For purposes of this section, the following terms mean "Deception," a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly or disabled person or to the existing or preexisting condition of any of the property involved in such contract or agreement, or the use or employment of any misrepresentation, false pretence or false promise in order to induce, encourage or solicit the elderly or disabled person to enter into a contract or agreement. `'Deception" includes: a. Creating or confirming another person's impression which is false and which the offender does not believe to be true; or b. Failure to correct a false impression which the offender previously has created or confirmed; or c. Preventing another person from acquiring information pertinent to the disposition of the property involved; or d. Selling or otherwise transferring or encumbering property, failing to disclose a lien, adverse claim or other legal impediment to the J9CLIGNTSV61492V00002\KOl R060i.DOC 3 enjoyment of the property, whether such impediment is or is not valid, or is not a matter of official record; or e. Promising performance which the offender does not intend to perform or knows will not be performed. Failure to perform standing alone is not sufficient evidence to prove that the offender did not intend to perform. 2. "Disabled person," a person who suffers from a physical or mental impairment resulting from disease, injury, functional disorder or congenital condition which renders such person incapable of avoiding or preventing the commission of an offense. 3. "Elderly person," a person sixty years of age or older who is suffering from a disease or infirmity associated with advanced age and manifested by physical, mental or emotional disfunctioning to the extent that such person is incapable of avoiding or preventing the commission of the offense. 4. "Intimidation," the communication to an elderly or disabled person that he or she will be deprived of food and nutrition, shelter, prescribed medication, or medical care and treatment. C. For purposes of this section, a person stands in a position of trust and confidence with an elderly or disabled person when such person: Is a parent, spouse, adult child or other relative by blood or marriage of the elderly of disabled person; or 2. Is a joint tenant or tenant in common with the elderly or disabled person with knowledge of such relationship; or 3. Has a legal or fiduciary relationship with the elderly or disabled person; or 4. Has a relationship with the elderly or disabled person as a health care or personal care worker. D. Nothing in this section shall be construed to limit the remedies available to the victim pursuant to any local or state law relating to domestic violence. E. Nothing in this section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly or disabled person in the management of his or her property, but through no fault of his or her own has been unable to provide such assistance. F. Nothing in this section shall limit the ability to engage in bona fide estate planning, to transfer property and to otherwise seek to reduce estate and inheritance taxes; provided that such actions do not adversely impact the standard rc~.mN~rsw i a9z~ooooz,~:o i xoeos.aoc 4 of living to which the elderly or disabled person has become accustomed at the time of such actions. G. It shall not be a defense to financial exploitation of an elderly or disabled person that the accused reasonably believed that the victim was not elderly or disabled person. Note Under certain circumstances this offense can be a felony under state [aw. Section 5. 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 6. This ordinance shall take effect immediately. ~,. ;, ~. Adopted and passed this~c" day of January, 2001. MAYOR~OF THE CITY OF RIVERSIDE ATTEST % ~ ~~_ CITY CLERK J:1CLl F.NTSVb 1492V00002\K0180605 DOC