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BULLET St. Louis City Revised Code Chapter 15.74 Division V Trespassing Part II

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.


DIVISION V. OFFENSES AGAINST PROPERTY

Chapter 15.74
T
respassing
PART II GENERALLY

Sections:

15.74.120 Prohibited.

15.74.120 Prohibited.

No person, without lawful authority, or without the express or implied consent of the owner or his agent, shall enter any building or enter on any inclosed or improved real estate, lot or parcel of ground in the city; or, being upon the land of another, shall fail, or refuse to leave the same when requested so to do by the person lawfully in possession thereof, his agent or representative; or deposit on the premises of another, or remove therefrom, any material, substance, earth, dirt, ashes, refuse, turf or other article or thing whatsoever.

Provided further, all delivery personnel, including letter carriers, whether employed by a private firm or government agency or government supported corporation, shall use sidewalks and accepted and approved walkways and shall refrain from traversing lawns or other private property not normally used as a walkway by the general public in order to effect delivery.

Any person violating the provisions of this section shall be guilty of a misdemeanor. Nothing in this section shall deprive any owner of land of his right of access to the land of an adjoining owner, as at present provided by statute and by the building code.
(Ord. 57335 1, 1977; 1948 C. Ch. 46 79: 1960 C. 795.010, 795.020.)

V.A.M.S.:

569.140 Trespass in the first degree

569.150 Trespass in the second degree

Cases:

In order to justify an arrest for trespassing it is not necessary that the offender be proved or found to have criminal capacity, or to have been of age. Bond v. Wabash Railroad Co., 363 S.W. 2d 1 (1962).

Trespass under statute, let alone under city ordinance, is not a lesser degree of the offense of burglary. State v. Meeks, 458 S.W. 2d 255 (1970).

Watchman for railroad had right to depend on validity of ordinance on trespassing when he made arrest for violation of the ordinance. Manson v. Wabash Railroad Company, 338 S.W. 2d 54 (1960).

Unlawful entry is in itself an offense and there is no need for a request to leave. Barnard v. Wabash Railroad Company, 208 F. 2d 489 (1953).

City ordinance prohibiting letter carriers from traversing the private property of postal service patrons did not conflict with federal postal regulations and was therefore not invalid under the supremacy clause. United States v. City of St. Louis, Branch 343, 597 F2d 121 (1979).

Defendants, charged with trespassing upon the grounds of an abortion clinic, could not raise the defense of necessity by arguing that their actions were necessary to save the lives of unborn fetuses scheduled to be aborted. City of St. Louis v. Klocker, 637 S.W. 2d 174 (Mo. App. 1982).

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