[Adopted as Ch. 70, Art. III, of the Code of Ordinances]
A.
It shall be unlawful for any person to commit petit larceny. Every
person who shall steal any property, goods or chattels of whatever
kind or character shall be guilty of petit larceny.
B.
If any person who shall be entrusted with any property which may
be the subject of larceny shall embezzle or fraudulently convert to
his own use, or shall secrete with intent to embezzle or fraudulently
convert to his own use, any such property, within the City, he shall
be deemed guilty of petit larceny.
A.
Prohibited acts. It shall be unlawful to commit any one of the following
acts wilfully:
(1)
Take possession of any merchandise with the intention of converting
it without paying for it;
(2)
Conceal any merchandise with the intention of converting it without
paying for it;
(3)
Alter any label, price tag or marking upon any merchandise with the
intention of depriving the merchant of all or some part of the value
of it; or
(4)
Transfer any merchandise from the container in or on which it is
displayed to any other container with the intention of depriving the
merchant of all or some part of the value of it.
B.
Presumption created. Any person who wilfully conceals merchandise
on his person or on the person of another or among his belongings
or the belongings of another or on or outside the premises of the
store shall be prima facie presumed to have concealed the merchandise
with the intention of converting it without paying for it. If any
merchandise is found concealed upon any person or among his belongings,
it shall be prima facie evidence of wilful concealment.
C.
Reasonable detention. If any law enforcement officer, special officer
or merchant has probable cause for believing that a person has wilfully
taken possession of any merchandise with the intention of converting
it without paying for it, or has wilfully concealed merchandise, and
that he can recover the merchandise by detaining the person or taking
him into custody, the law enforcement officer, special officer or
merchant may, for the purpose of attempting to effect a recovery of
the merchandise, take the person into custody and detain him in a
reasonable manner for a reasonable time. Such taking into custody
or detention shall not subject the officer or merchant to any criminal
or civil liability.
D.
Arrest without warrant. Any law enforcement officer may arrest without
warrant any person he has probable cause for believing has committed
the crime of shoplifting. Any merchant who causes such an arrest shall
not be criminally or civilly liable if he has probable cause for believing
the person so arrested has committed the crime of shoplifting.
A.
Receiving stolen property means intentionally to receive, retain
or dispose of stolen property knowing that it has been stolen or believing
it has been stolen, unless the property is received, retained or disposed
of with intent to restore it to the owner.
B.
The requisite knowledge or belief that property has been stolen is
presumed in the case of a dealer who:
(1)
Is found in possession or control of property stolen from two or
more persons on separate occasions;
(2)
Acquires stolen property for a consideration which the dealer knows
is far below the property's reasonable value. A dealer shall
be presumed to know the fair market value of the property in which
he deals; or
(3)
Is found in possession or control of five or more items of property
stolen within one year prior to the time of the incident charged pursuant
to this section.
C.
DEALER
STOLEN PROPERTY
For the purposes of this section, the following terms shall have
the meanings indicated:
A person in the business of buying or selling goods or commercial
merchandise.
Any property acquired by theft, larceny, fraud, embezzlement,
robbery or armed robbery.
D.
Whoever commits receiving stolen property is guilty of a misdemeanor.
It shall be unlawful for any person to maliciously or willfully
start a fire or cause an explosion with the purpose of destroying
or damaging any building, occupied structure or property of another,
or bridge, utility line, fence or sign; or with the purpose of destroying
or damaging any property, whether the person's own or another's
to collect insurance for such loss.
It shall be unlawful for any person, unless authorized by any
provision of this Code or other ordinance of this City or a permit
issued by the Mayor or a duly authorized official, department or employee
of this City, to remove, carry away, tamper with, write upon, interfere
with, advertise on, change or alter in any manner any:
A.
Park or public square property, including the grass, flowers, shrubs,
bulbs or any other property growing in or upon any of the parks or
public squares of the City, or any property in or upon the public
squares or parks.
B.
Library property, including any book, periodical, map, newspaper,
place, engraving or other property belonging to the City and constituting
part of the property devoted to public library use.
C.
Public utility property, whether owned by the City or by any public
utility located on, in or along, any street or sidewalk, or operating
in or using any area in the City.
D.
Public property, including any building or part of a building; any
material, apparatus, fixture, appliance or document belonging to the
City; any parts or appurtenances of a fire alarm, telegraph or police
signal system, or any street or traffic light system; any water, hydrant,
reservoir or sewer system; any public bridge, viaduct or tunnel; any
tree, shrub, tree stake or guard in any public street or place; or
any other property of whatever kind or character, owned or leased
by the City, the county, the state or the United States government
or any political subdivisions or departments thereof and not specifically
enumerated in this section.
A.
It shall be unlawful for a person to issue in exchange for anything
of value, with intent to defraud, any check, draft or order for payment
of money upon any bank or other depository, knowing at the time of
the issuing that the offender has insufficient funds in or credit
with the bank or depository for the payment of such check, draft or
order in full upon its presentation.
B.
This section does not apply to:
It shall be unlawful to:
It shall be unlawful for any person to obtain any service, food,
drink, goods, wares, merchandise, or other thing of value without
paying therefor, and with the intent to cheat or defraud the owner
or person supplying such service, food, drink, goods, wares, merchandise,
or other thing of value.
It shall be unlawful for any person fraudulently to enter any
theater, ballroom, lecture, concert or other place without payment
of the proper admission fee; provided, however, that nothing contained
in this section shall be deemed to prohibit or restrict the free admission
of police officers engaged in the performance of police duties to
any place of public amusement or entertainment.
A.
Polluting water consists of knowingly and unlawfully introducing
any object or substance into any body of public water causing it to
be offensive or dangerous for human or animal consumption or use.
Polluting water constitutes a public nuisance.
B.
For the purpose of this section, the expression "body of water" means
any public river or tributary thereof, stream, lake, pond, reservoir,
acequia, canal, ditch, spring, well or declared or known groundwaters.
It shall be unlawful to pollute water.
A.
Criminal trespass consists of unlawfully entering or remaining upon
posted private property without possessing written permission from
the owner or person in control of the land. The provisions of this
subsection do not apply if:
(1)
The owner or person in control of the land has entered into an agreement
with the Department of Game and Fish granting access to the land to
the general public for the purpose of taking any game animals, birds
or fish by hunting or fishing; or
(2)
A person is in possession of a landowner license given to him by
the owner or person in control of the land that grants access to that
particular private land for the purpose of taking any game animals,
birds or fish by hunting or fishing.
B.
Criminal trespass also consists of unlawfully entering or remaining
upon the unposted lands of another knowing that such consent to enter
or remain is denied or withdrawn by the owner or occupant thereof.
C.
Criminal trespass also consists of unlawfully entering or remaining
upon lands owned, operated or controlled by the state or any of its
political subdivisions knowing that consent to enter or remain is
denied or withdrawn by the custodian thereof.
D.
Any person who enters upon the lands of another without prior permission
and injures, damages or destroys any part of the realty or its improvements,
including buildings, structures, trees, shrubs or other natural features,
is guilty of a misdemeanor, and he shall be liable to the owner, lessee
or person in lawful possession for civil damages in an amount equal
to double the value of the damage to the property injured or destroyed.
E.
Whoever commits criminal trespass is guilty of a misdemeanor.
A.
Wrongful use of property defined. Wrongful use of public property
consists of:
(1)
Knowingly entering any public property without permission of the
lawful custodian or his representative when the public property is
not open to the public;
(2)
Remaining in or occupying any public property after having been requested
to leave by the lawful custodian, or his representative, who has determined
that the public property is being used or occupied contrary to its
intended or customary use or that the public property may be damaged
or destroyed by the use; or
(3)
Depriving the general public of the intended or customary use of
public property without a permit.
B.
Permits to occupy or use public property. Permits to occupy or use
public property may be obtained from the lawful custodian or his representative
upon written application which:
(1)
Describes the public property to be occupied or used; and
(2)
States the period of time during which the public property will be
occupied or used. The applicant shall pay in advance a reasonable
fee or charge for the use of the public property. The fee or charge
shall be prescribed by the lawful custodian or his representative.
C.
Issuance of permit. The lawful custodian or his representative may
issue the permit if he believes that the use or occupation of the
public property will not unreasonably interfere with the intended
or customary use of the public property by the general public and
that the use will not damage or destroy the public property.
D.
Search. Any person occupying or using public property under the authority
of a permit shall submit to a search for firearms or other weapons
and surrender any firearms or other weapons to any peace officer,
who has jurisdiction, upon request.
E.
Public property defined. As used in this section, the term "public
property" means any public building, facility, structure or enclosure
used for a public purpose or as a place of public gathering, owned
or under the control of the state or one of its political subdivisions
or a religious, charitable, educational or recreational association.
F.
Misdemeanor. Any person who commits wrongful use of public property
is guilty of a misdemeanor.
