Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

City of Cape Girardeau v. Kuntze

Court of Appeals of Missouri, Eastern District, Southern Division

November 8, 2016

CITY OF CAPE GIRARDEAU, MISSOURI, Respondent,
v.
RICHARD KUNTZE, Appellant.

         Appeal from the Circuit Court of Cape Girardeau County 13CG-CR01274 Honorable Craig D. Brewer

          Gary M. Gaertner, Judge

          Introduction

         Richard Kuntze (Appellant) appeals the judgment of the trial court finding him guilty of the offense of creating a public nuisance, in violation of an ordinance of the City of Cape Girardeau (City). Appellant argues that the ordinance is vague and therefore the City failed to meet its burden of proof. Appellant also argues the ordinance is unconstitutional. We affirm.

         Background

         On January 14, 2014, an officer with the Cape Girardeau Police Department observed a green Jeep with two flat tires parked in the driveway of Appellant's property. The tags on the license plate had expired in March of 2007. The officer left a notice advising that the vehicle had to be currently registered and operable or removed from the property within seven days.

         On January 22, 2014, the officer returned and found the vehicle in the same condition. The vehicle was titled to Appellant. The officer mailed Appellant a citation for violation of City Ordinance Section 13-52, which states the following:

Except as provided in other regulations, any inoperable vehicle or part thereof, located on any property in the city is hereby declared to be a public nuisance.

         The citation stated facts supporting the violation: "Failure to maintain property free of inoperable vehicles by having a green Jeep with expired license plates at [Appellant's address]."

         The parties appeared before the trial court, which heard argument and thereafter found Appellant guilty. The trial court found that Section 13-51 of the City ordinances defines "inoperable vehicle" as follows:

[A]ny vehicle which is not registered or which is improperly registered within the state, or is not displaying proper license plates, or is inoperable for more than seventy-two (72) hours.

         The trial court concluded that because the tags on Appellant's license plates were expired, this meant the plates were "improper" under the ordinance. The trial court also found the statute was not unconstitutional. The trial court sentenced Appellant to a fine of $200 in accordance with City ordinances. This appeal follows.

         Discussion

         Appellant raises three points on appeal. First, he argues that the trial court erred in concluding he violated the nuisance ordinance because the terms of the ordinance are vague. In Point II, Appellant argues this same vagueness renders the ordinance unconstitutional. Appellant argues in Point III that application of the ordinance violates ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.