Crystal Lake Park - Government Code

Crystal Lake Park

TITLE II. PUBLIC HEALTH, SAFETY AND WELFARE

CHAPTER 200: POLICE DEPARTMENT

SECTION 200.010: CHIEF OF POLICE─APPOINTMENT─QUALIFICATIONS

A. The Mayor with the approval of a majority of the members of the Board of Aldermen shall appoint a Chief of Police who shall perform all duties required of the Marshal by law and any other Police Officers found by the Board of Aldermen to be necessary for the good government of the City. The Chief of Police shall be twenty-one (21) years of age or older.

B. The Police Chief shall interface with the contracted Police and fire services. (CC 1995 §115.010)

SECTION 200.020: SIZE OF POLICE FORCE─POWERS

The Police of the City may be appointed in such numbers, for such times and in such manner as may be prescribed by ordinance. They shall have power to serve and execute all warrants, subpoenas, writs or other process and to make arrests in the same manner as the Marshal. They may exercise such powers in areas leased or owned by the municipality outside of the boundaries of such municipality. The Marshal and Policemen shall be conservators of the peace and shall be active and vigilant in the preservation of good order within the City.

SECTION 200.030: CITY MAY ENTER INTO AGREEMENT

A. The Board of Aldermen of the City may by ordinance enter into a contract or agreement with any other political subdivision for the provision of Police services by one political subdivision to another on request as provided for in Section 70.815, RSMo. The terms "Chief of Police", "Police", "Police Officer" and "Police Department", as used herein, shall refer to Law Enforcement Officers of the contracting entity.

B. These services shall include, but not be limited to, the following:

B.1. Police.

B.2. Fire.

B.3. Ambulance.

B.4. Prosecutorial.

B.5. Judicial. (CC 1995 §115.100)

CHAPTER 205: ANIMAL REGULATIONS

ARTICLE I. GENERALLY

SECTION 205.010: DEFINITIONS

The following words, when used in this Chapter, shall have the meanings set out herein:

AFFECTED WITH RABIES: Infected with the rabies virus as determined by standard laboratory testing

ANIMAL: Any living being other than human or plant life.

DOGS OR CATS: All animals of the canine or feline species, both male and female, over the age of six (6) months.

EXPOSED TO RABIES: When bitten by, or fought with, or has come in close contact with a dog or other animal shown to be infected with the rabies virus as determined by standard laboratory testing.

IMMUNIZED: Immunized against rabies at the expense of the owner or custodian by the administration of antirabic virus by a licensed veterinarian.

KENNEL: Any person, house, dwelling or lot housing three (3) or more dogs or cats.

OWNER OR KEEPER: Any person having a right of property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in his/her care, or acts as its custodian, or who knowingly permits a dog or cat to remain on or about any premises owned or occupied by him/her.

PIT BULL DOG: Is defined to mean:

.1. Staffordshire Bull Terrier breed of dog;

.2. The American Pit Bull Terrier breed of dog;

.3. The American Staffordshire Terrier breed of dog;

.4. Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;

.5. Any dog which has the appearance and characteristics of being predominantly of the breeds of bull terrier, Staffordshire Bull Terrier, American Pit Bull Terrier, American Staffordshire Terrier; any breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of those breeds.

RABIES: Hydrophobia.

RUNNING AT LARGE: Allowing a dog or cat to be off the private premises of the owner or keeper, or his/her agent or servant, and not on a leash or confined to the arms, motor vehicle, trailer or other conveyance of the owner or keeper, his/her agent or servant.

§ 205.010 Crystal Lake Park City Code § 205.035

SERIOUS PHYSICAL INJURY: Physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.

TRESPASSER: A person upon the premises of the owner or keeper of the dog in question without license or privilege to be upon said premises.

UNRESTRAINED DOG: Any dog running at large or a dog on the premises of its owner or keeper but not confined to said premises by a leash, fence, structure or other means that would prevent the dog from leaving such premises.

VICIOUS DOG: Any of the following dogs:

1. Any dog, whether or not running at large and whether or not unrestrained, that without provocation has bitten any person not a trespasser causing serious physical injury to that person.

2. Any unrestrained dog, whether or not running at large, that without provocation has attempted to bite any person not a trespasser which would cause serious physical injury to that person.

3. Any unrestrained dog, whether or not running at large, that without provocation has placed any person not a trespasser in apprehension of immediate serious physical injury.

4. Any dog that has killed another dog, cat or other domestic animal without provocation. (CC 1995 §215.010; Ord. No. 192 §2, 9-21-80)

SECTION 205.020: VACCINATION AND TAG

The owner or keeper of any dog or cat in the City of Crystal Lake Park is hereby required to have such animals vaccinated against rabies by a licensed veterinarian and to procure a certificate of such vaccination from the veterinarian and to present such certificate to the City Clerk on or before May first (1st) of each year; and the City Clerk shall register such certificate, which registration shall remain in force until the April thirtieth (30th) next following said registration; and upon registration, the City Clerk shall issue a tag evidencing the registration and certificate of vaccination, and the owner or keeper shall securely attach the tag so issued to a collar to be worn continuously by the animal for which the tag was issued. It shall be unlawful for the owner or keeper of any dog or cat to permit such animal to remain in the City of Crystal Lake Park unless wearing the tag above provided for herein.

SECTION 205.030: RUNNING AT LARGE PROHIBITED─IMPOUNDMENT

It shall be unlawful for the owner or keeper of any dog or cat to permit the same to run at large within the City of Crystal Lake Park at any time. Any dog or cat found without the tag provided in Section 205.020, and any dog or cat found running at large, shall be impounded.

SECTION 205.035: RUNNING OF DOG AT LARGE TO BE A NUISANCE

A. If the owner of any dog shall allow it to go at large in the City, and in so doing it shall go upon the private premises of other people to their annoyance, such conduct is hereby declared to be a nuisance. Upon the occurrence of such nuisance the person offended shall ascertain the name of the owner of the dog in question, shall cause a written notice of such occurrence to be given to the

§ 205.035 Animal Regulations § 205.050

owner of such dog, together with a copy of this Section free of charge to anyone requesting the same.

B. The head of any household where a dog is being kept shall be deemed to be the "owner" of such dog under this Section, and after receiving the notice provided by this Section, it shall be the duty of such head of the household to provide an effective means, other than keeping such dog in the home, of confining such dog to the premises where kept. Such head of the household shall be deemed to have allowed such dog to go at large whenever it is at large, if no such means has been provided.

(CC 1995 §215.120; Ord. No. 192 §21, 9-21-80)

SECTION 205.040: VICIOUS DOGS PROHIBITED─EXCEPTIONS

It shall be unlawful to own, keep or harbor a vicious dog in the City of Crystal Lake Park except

in accordance with the following provisions:

1. Leash and muzzle. No person shall permit a vicious dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a vicious dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts or buildings. In addition, all vicious dogs on a leash outside its kennel or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.

2. Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine vicious dogs must be locked with a key or combination lock when such dogs are within the structure. Said structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be imbedded in the ground no less than two (2) feet. Also, such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

3. Confinement indoors. No vicious dog may be kept on a porch, patio or any part of a house or

structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.

4. Signs. All owners, keepers or harborers of vicious dogs within the City shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog". In addition, a similar sign is required to be posted on the kennel or pen of such dog.

SECTION 205.050: DUTY TO IMPOUND

It shall be the duty of the Chief of Police, the City Police, and any other person of the City of Crystal Lake Park, especially designated by the Board of Aldermen and the Mayor for such purpose, to take up any dog or cat without the tag provided in Section 205.020, any dog or cat running at large, or any vicious dog in violation of Section 205.040 above and to impound the same. In effecting the capture of any dog or cat, the officers aforesaid are authorized and directed to use

§ 205.050 Crystal Lake Park City Code § 205.100

traps, nets, tranquilizer guns or any other humane method. Such officer is hereby authorized to enter upon any unfenced lot, tract or parcel of land for the purpose of seizing and impounding any dog so violating this Chapter. (CC 1995 §215.160; Ord. No. 192 §25, 9-21-80)

SECTION 205.060: COST OF IMPOUNDMENT

Any officer performing duties under this Chapter shall be compensated from the City Treasury as provided from time to time by the Board of Aldermen. Such officer shall account to the City for all sums collected from owners or keepers under this Chapter and pay same into the City Treasury. Costs of feeding and keeping dogs or cats impounded shall be paid from the City Treasury.

SECTION 205.070: NOTICE OF IMPOUNDMENT

Every officer impounding a dog or cat under this Chapter shall, within twenty-four (24) hours after such impounding, enter upon a registry open to the public and in plain public view at the City Hall of the City a description of such dog or cat, including breed, color and approximate size, and the date apprehended, and if the owner or keeper is known, the name and address of such owner or keeper; or the owner or keeper shall be given actual notice of the impoundment of such dog or cat before disposition of such dog or cat.

SECTION 205.080: REIMBURSEMENT OF COSTS

The owner or keeper of any dog or cat impounded under this Chapter shall pay to the Chief of Police, Police Officer, or other official especially designated to receive the same, a sum sufficient to reimburse the City for its costs in impounding such dog or cat and keeping it impounded.

SECTION 205.085: REDEEMED DOG TO BE VACCINATED

All unvaccinated dogs redeemed at the dog pound must be immediately vaccinated against rabies. (CC 1995 §215.190; Ord. No. 192 §28, 9-21-80)

SECTION 205.090: TIME FOR REDEMPTION

All impounded dogs shall be redeemed within one (1) week. Any such dog not redeemed within such time may be sold or euthanized.

SECTION 205.100: ANIMAL NEGLECT OR ABANDONMENT

A. A person is guilty of animal neglect when he/she has custody or ownership or both of an animal and fails to provide adequate care or adequate control which results in substantial harm to the animal.

B. A person is guilty of animal abandonment when he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.

C. Animal neglect or animal abandonment are ordinance violations. For a first (1st) offense of either violation, a term of imprisonment not to exceed fifteen (15) days, or a fine not to exceed five

§ 205.100 Animal Regulations § 205.120

hundred dollars ($500.00), or both such fine and imprisonment may be imposed. For a second (2nd) or subsequent violation of either offense, a term of imprisonment not to exceed ninety (90) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. All fines and penalties for a first (1st) conviction of animal neglect or animal abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived.

D. In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or animal abandonment to pay all reasonable costs and expenses necessary for:

1. The care and maintenance of neglected or abandoned animals within the person's custody or ownership;

2. The disposal of any dead or diseased animals within the person's custody or ownership;

3. The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and

4. The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.

SECTION 205.110: ANIMAL ABUSE

A person is guilty of animal abuse when a person:

.1. Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of Sections 578.005 to 578.023 and 273.030, RSMo.;

.2. Purposely or intentionally causes injury or suffering to an animal; or

.3. Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.

Note─Under certain circumstances this offense can be a felony under state law.

SECTION 205.120: KNOWINGLY RELEASING AN ANIMAL

A. A person commits the offense of knowingly releasing an animal if that person, acting without the consent of the owner or custodian of an animal, intentionally releases any animal that is lawfully confined for the purpose of companionship or protection of persons or property or for recreation, exhibition or educational purposes.

B. As used in this Section, "animal" means every living creature, domesticated or wild, but not including Homo sapiens.

C. The provisions of this Section shall not apply to a public servant acting in the course of such servant's official duties.

§ 205.130 Crystal Lake Park City Code § 205.170

SECTION 205.130: LEASH REQUIREMENT AND REMOVAL OF FECES

A. Any person having ownership, control or possession of a dog shall not permit the dog to go off the premises of the owner or keeper thereof unless the dog is secured or tied by means of a line or leash to effectively prevent the dog from biting, molesting, being with or approaching any person or other animal. It shall further be unlawful for any person having ownership, control or possession of a dog within the City, whether such animal is attached to a leash or running at large, to allow or permit such animal to defecate upon any private or public property other than such person's own premises unless such person shall remove the feces deposited by said animal within five (5) minutes and dispose of same.

B. Any person violating the provisions of this Section as amended hereby shall be subject to the fines and penalties as established in Section 100.220 of this Code. (CC 1995 §215.150; Ord. No. 192 §24, 9-21-80; Ord. No. 284 §§1─2, 12-9-91)

SECTION 205.140: QUARANTINE ORDER TO BE ISSUED BY MAYOR─TO BE

PUBLISHED AND POSTED

Whenever rabies becomes prevalent in the City, the Mayor shall, according to the necessity of the case, issue a quarantine order, requiring every owner or person in charge of any dog or dogs within the limits of the City, to either kill or impound his/her dog or dogs, or to have such dog or dogs immunized. Said order shall be published once in the paper officially publishing the business of the City; and in the absence of such paper, shall be posted as in case of sales of personal property. The Mayor is authorized by proclamation, to terminate any such quarantine whenever, in his/her judgment, the necessity for it no longer exists.

SECTION 205.150: KEEPER OF DANGEROUS WILD ANIMALS MUST REGISTER

ANIMALS─EXCEPTIONS─PENALTY

No person may keep any lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf, bear, non-human primate, coyote, any deadly, dangerous, or poisonous reptile, or any deadly or dangerous reptile over eight (8) feet long, in any place other than a properly maintained zoological park, circus, scientific, or educational institution, research laboratory, veterinary hospital, or animal refuge, unless such person has registered such animals with the local law enforcement agency in the County in which the animal is kept.

SECTION 205.160: KENNELS PROHIBITED

Kennels shall be and hereby are prohibited within the City. The owner and/or operator of any kennel within the City in violation of this Chapter shall be guilty of a misdemeanor, and each day's operation shall be construed to be a separate offense. (CC 1995 §200.330; Ord. No. 192 §30, 9-21-80)

SECTION 205.170: FEMALE DOGS IN HEAT TO BE CONFINED

All female dogs in the City, licensed or unlicensed, shall be securely confined in an enclosed place while in heat. (CC 1995 §215.110; Ord. No. 192 §20, 9-21-80)

§ 205.180 Animal Regulations § 205.190

SECTION 205.180: ANIMALS─KEEPING PROHIBITED

It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Crystal Lake Park, Missouri:

class=Section20>

.1. Any warmblooded, carnivorous or omnivorous, wild or exotic animal (including, but not limited to, non-human primates, raccoons, skunks, foxes and wild exotic cats; but excluding fowl, ferrets and small rodents of varieties used for laboratory purposes).

.2. Any animal having poisonous bites.

.3. Any pit bull dog; provided, that pit bull dogs registered with the County of St. Louis on March 10, 1999, may be kept within the City subject to the standards and requirements set forth in Section 205.190 of this Chapter. (CC 1995 §215.135; Ord. No. 339 §1, 3-10-99)

SECTION 205.190: KEEPING OF REGISTERED PIT BULLS

The provisions of Section 205.180 are not applicable to owners, keepers or harborers of pit bull dogs registered with the City of Crystal Lake Park as of March 10, 1999. The keeping of such dogs, however, shall be subject to the following standards:

.1. Leash and muzzle. No person shall permit a registered pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a pit bull dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dog may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all pit bull dogs on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.

.2. Confinement. All registered pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine registered pit bull dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures erected to house pit bull dogs must comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

.3. Confinement indoors. No pit bull dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no

such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.

.4. Signs. All owners, keepers or harborers of registered pit bull dogs within the City shall within ten (10) days of March 10, 1999, display in a prominent place on their premises a sign easily readable by the public using the words, "Beware of Dog." In addition, a similar sign is required to be posted on the kennel or pen of such animal.

.5. Insurance. All owners, keepers or harborers of registered pit bull dogs must within ten (10) days of March 10, 1999, provide proof to the City Clerk of Crystal Lake Park of public

§ 205.190 Crystal Lake Park City Code § 205.200

class=Section22>

liability insurance in a single incident amount of fifty thousand dollars ($50,000.00) for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days' written notice is first given to the City Clerk.

.6. Identification, photographs. All owners, keepers or harborers of registered pit bull dogs must within ten (10) days of March 10, 1999, provide to the City Clerk two (2) color photographs of the registered animal clearly showing the color and approximate size of the animal.

.7. Reporting requirements. All owners, keepers, harborers of registered pit bull dogs must within ten (10) days of the incident report the following information in writing to the Crystal Lake Park City Clerk as required hereinafter:

.7.a. The removal from the City or death of a registered pit bull dog;

.7.b. The birth of offspring of a registered pit bull dog;

.7.c. The new address of a registered pit bull dog owner should the owner move within the corporate City limits.

.8. Sale or transfer of ownership prohibited. Sale: No person shall sell, barter, or in any other way dispose of a pit bull dog registered with the City to any person within the City unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such dog; provided, that the registered owner of a pit bull dog may sell or otherwise dispose of a registered dog to persons who do not reside within the City.

.9. Animals born of registered dogs. All offsprings born of pit bull dogs registered with the City must be removed from the City within six (6) weeks of the birth of such animal.

.10. Irrebuttable presumptions. There shall be an irrebuttable presumption that any dog registered with the City as a pit bull dog or any of those breeds prohibited by Section 205.180 of this Chapter is in fact a dog subject to the requirements of this Section.

.11. Failure to comply. It shall be unlawful for the owner, keeper or harborer of a pit bull dog registered with the County of St. Louis to fail to comply with the requirements and conditions set forth in this Section and Section 205.180 hereof. Any dog found to be the subject of a violation of this Section or Section 205.180 shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the City. (CC 1995 §215.137; Ord. No. 339 §2, 3-10-99)

SECTION 205.200: BARKING, ETC., DOGS─MEOWING, ETC., CATS

No person shall keep a dog which by loud, frequent barking or howling disturbs the surrounding neighborhood, and no person shall keep a cat which by loud, frequent meowing or other noises disturbs the surrounding neighborhood. (CC 1995 §215.210)

§ 205.210 Animal Regulations § 205.260

SECTION 205.210: LIMITATION ON NUMBER OF CATS AND DOGS KEPT

The keeping, sheltering and maintaining of more than three (3) cats or three (3) dogs over the age of six (6) months without a merchant's license from the City for the sale of the same shall be deemed a nuisance and is hereby prohibited. (CC 1995 §215.220)

ARTICLE II. REGULATIONS RELATING TO RABIES

SECTION 205.220: REPORT OF BITES

It shall be the duty of any person bitten in the City by an animal subject to rabies, and the duty of the parent or guardian of any minor child so bitten, and the duty of any doctor treating any such person or child to report the same to the County Department of Public Health immediately giving the name and address of the owner of such animal, the time and place of the occurrence, and a description of such animal. (CC 1995 §215.030; Ord. No. 192 §5, 9-21-80)

SECTION 205.230: SURRENDER OF ANIMAL

Any person having ownership, control or possession of such an animal subject to rabies that has bitten anyone shall immediately surrender said animal to the County Health Commissioner or confine it under his/her supervision, if he/she permits it. (CC 1995 §215.040; Ord. No. 192 §6, 9-21-80)

SECTION 205.240: DISPOSITION OF ANIMAL CARCASS

Any person destroying an animal affected with rabies or suspected of being affected with rabies shall immediately notify the St. Louis County Department of Public Health and shall surrender the carcass of such animal upon demand. The owner or custodian of any such destroyed animal shall immediately provide the said Department of Public Health with full particulars thereof, including the time, date, location, the names and addresses of any person bitten by said animal and also the name and address of the owner or person having custody of any animal exposed to the animal destroyed. (CC 1995 §215.050; Ord. No. 192 §7, 9-21-80)

SECTION 205.250: DISPOSITION OF DEAD ANIMALS

Every owner or possessor of any animal which may die within the City, whether upon his/her premises or upon the premises of another, shall within twenty-four (24) hours after the death of such animal cause the carcass of said animal to be removed beyond the limits of the City. (CC 1995 §215.060; Ord. No. 192 §8, 9-21-80)

SECTION 205.260: DOGS─EXEMPTIONS

The provisions and requirements of this Chapter shall not apply to dogs that temporarily stray into the City from an adjoining municipality provided:

.1. Such dog is owned by a resident of such other municipality, and

§ 205.260 Crystal Lake Park City Code § 205.260

.2. Such dog carries a tag showing that a license has been duly issued for it by such other municipality during the current year, and

.3. Such other municipality has a similar or reciprocal provision in its ordinances extending similar benefits to residents of this City. (CC 1995 §215.070; Ord. No. 192 §16, 9-21-80)

CHAPTER 210: OFFENSES

ARTICLE I. GENERAL PROVISIONS

SECTION 210.005: DEFINITIONS

In this Chapter, unless the context requires a different definition, the following shall apply:

AFFIRMATIVE DEFENSE: Has the meaning specified in Section 556.056, RSMo.

BURDEN OF INJECTING THE ISSUE: Has the meaning specified in Section 556.051, RSMo.

COMMERCIAL FILM AND PHOTOGRAPHIC PRINT PROCESSOR: Any person who develops exposed photographic film into negatives, slides or prints or who makes prints from negatives or slides for compensation. The term "commercial film and photographic print processor" shall include all employees of such persons but shall not include a person who develops film or makes prints for a public agency.

CONFINEMENT:

.1. A person is in confinement when he/she is held in a place of confinement pursuant to arrest or order of a court and remains in confinement until:

.1.a. A court orders his/her release;

.1.b. He/she is released on bail, bond or recognizance, personal or otherwise; or

.1.c. A public servant having the legal power and duty to confine him/her authorizes his/her release without guard and without condition that he/she return to confinement.

.2. A person is not in confinement if:

.2.a. He/she is on probation or parole, temporary or otherwise; or

.2.b. He/she is under sentence to serve a term of confinement which is not continuous, or is serving a sentence under a work-release program, and in either such case is not being held in a place of confinement or is not being held under guard by a person having the legal power and duty to transport him/her to or from a place of confinement.

CONSENT: Consent or lack of consent may be expressed or implied. Assent does not constitute consent if:

.1. It is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such mental incapacity is manifest or known to the actor;

.2. It is given by a person who by reason of youth, mental disease or defect, or intoxication is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or

.3. It is induced by force, duress or deception.

§ 210.005 Crystal Lake Park City Code § 210.005

CRIMINAL NEGLIGENCE: Has the meaning specified in Section 562.016, RSMo.

CUSTODY: A person is in custody when he/she has been arrested but has not been delivered to a place of confinement.

DANGEROUS FELONY: The felonies of arson in the first degree, assault in the first degree, attempted forcible rape if physical injury results, attempted forcible sodomy if physical injury results, forcible rape, forcible sodomy, kidnapping, murder in the second degree, assault of a Law Enforcement Officer in the first degree, domestic assault in the first degree, elder abuse in the first degree, robbery in the first degree, statutory rape in the first degree when the victim is a child less than twelve (12) years of age at the time of the commission of the act giving rise to the offense, statutory sodomy in the first degree when the victim is a child less than twelve (12) years of age at the time of the commission of the act giving rise to the offense, and abuse of a child pursuant to Subdivision (2) of Subsection (3) of Section 568.060, RSMo.

DANGEROUS INSTRUMENT: Any instrument, article or substance which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury.

DEADLY WEAPON: Any firearm, loaded or unloaded, or any weapon from which a shot, readily capable of producing death or serious physical injury, may be discharged or a switchblade knife, dagger, billy, blackjack or metal knuckles.

FELONY: Has the meaning specified in Section 556.016, RSMo.

FORCIBLE COMPULSION: Means either:

.1. Physical force that overcomes reasonable resistance; or

.2. A threat, express or implied, that places a person in reasonable fear of death, serious physical injury, or kidnapping of himself/herself or another person.

INCAPACITATED: That physical or mental condition, temporary or permanent, in which a person is unconscious, unable to appraise the nature of his/her conduct, or unable to communicate unwillingness to an act. A person is not "incapacitated" with respect to an act committed upon him/her if he/she became unconscious, unable to appraise the nature of his/her conduct, or unable to communicate unwillingness to an act after consenting to the act.

INFRACTION: Has the meaning specified in Section 556.021, RSMo.

INHABITABLE STRUCTURE: Has the meaning specified in Section 569.010, RSMo.

KNOWINGLY: Has the meaning specified in Section 562.016, RSMo.

LAW ENFORCEMENT OFFICER: Any public servant having both the power and duty to make