[HISTORY: Adopted by the City Council of the City of Evanston as Ch. 13 of the 1977 Code. Amendments noted where applicable.]
[Added by Ord. No. 81-105; amended by Ord. No. 02-05; 6-5-2007 by Ord. No. 07-05]
It shall be unlawful for any person, by means or use of any electronic communication device, to disturb or tend to disturb the peace, quiet or right of privacy of any other person or family by repeated anonymous or identified calls or messages intended to harass or disturb the person or family to whom the message or call is directed or by a single call or message or repeated calls or messages; to use obscene, profane, indecent or offensive language or suggest any lewd or lascivious act over or through an electronic communication device within the City; to attempt to extort money or other things of value from any person or family by means of use of an electronic communication device; or to threaten any physical violence or harm to any person or family or to repeatedly and continuously ring the telephone or send electronic messages to any person or family with the intent to threaten, disturb or harass them; provided that the normal use of these devices for the purpose of requesting payment of debts or obligations or for other legitimate business purposes shall not constitute a violation hereof.
It shall be unlawful for any person to disable or prohibit the use of a telephone or any other communication device, to prevent another person from reporting a request for assistance, emergency or a crime in progress to Law Enforcement personnel or Emergency personnel.
Whoever, having the present ability to do so, unlawfully attempts to commit a violent injury on the person of another is guilty of an assault.
Whoever, in a rude, insolent or angry manner, unlawfully touches another is guilty of an assault and battery.
[Added by Ord. No. 94-21]
A person who knowingly aids or abets in the commission of a crime as defined by the Evanston City Code, or counsels, encourages, hires, commands or procures such a crime to be committed, is an accessory before the fact.
A person who commits the crime of accessory before the fact may be arrested, tried and convicted as if the person were a principal, whether or not the principal offender is arrested, tried or convicted.
[Amended by Ord. No. 03-22]
No person shall camp within the City limits except:
[Added by Ord. No. 94-20]
A person is guilty of conspiracy to commit a crime as defined by the Evanston City Code, if the person agrees with one or more persons that they or one or more of them, will commit such a crime and one or more of them does an overt act to effect the objective of the agreement.
A person is not liable under this section if after conspiring that person withdraws from the conspiracy and thwarts its success under circumstances manifesting voluntary and complete renunciation of their criminal intention.
No person shall walk, run or ride or in any other manner cross over or upon any lawn, garden or otherwise improved lot, whether enclosed or not, without permission of the owner or occupant thereof.
No person shall, without permission of the owner, destroy or mutilate or tie any animal to any growing tree or to the boxing around a tree.
[Amended by Ord. No. 95-2]
It is unlawful for any person of the age of 17 years or under, whether in or on a motor vehicle or otherwise, to be upon the streets, alleys, thoroughfares, sidewalks, parking lots, parks or other places open and available for use by the public, in the City between the hours of midnight and 6:00 a.m. No violation of this section will have occurred if:
The person is accompanied by a parent, guardian or another adult having the person's care and custody;
The person is in the performance of employment or on errand or a duty authorized by his or her parent or guardian;
The person is traveling directly to his or her place of residence immediately after having attended a theater, dance, or similar public function, and attendance at which was approved by his or her parent or guardian.
[Added by Ord. No. 95-2]
It is unlawful for any parent, guardian or other person having custody of any minor child under the age of seventeen years to knowingly or through lack of diligence permit such child to be in violation of § 15-6 of the Evanston City Code.
No person shall wantonly or carelessly damage or injure any public property, or any private property without the consent of the owner thereof, within the corporate limits.
[Amended by Ord. No. 89-2]
No person shall carry on their person any knife (the blade of which exceeds five inches in length), any dirk, dagger, sword-in-cane, slingshot, revolver, pistol or any other dangerous or deadly weapon which is concealed from the open and general view of other persons within the City limits. No person shall openly wear or carry any such weapon or any combustible or explosive material with the intent or avowed purpose of injuring any other person or damaging property. This section shall not apply to a law enforcement officer of any federal, state, county, City, town or municipal official vested with the authority or duty to enforce any criminal law or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes.
[Amended by Ord. No. 81-108; Ord. No. 83-7; Ord. No. 88-15; Ord. No. 93-2; Ord. No. 95-10]
Discharge of firearm. No person, except a duly authorized law enforcement officer, as defined in § 15-8, in active pursuit of his duties as such, or a person who is engaged in firing a firearm at an approved target range, or at a state-approved event at the Bear River State Park, or at an event approved by the City Council, shall fire or discharge any cannon, gun, fowling piece, pistol, revolver or firearm of any description within the City or within 1/2 mile of the corporate limits.
No person shall cast, throw, fire or explode or cause to be thrown, cast, fired or exploded any squib, rocket, cracker, firecracker, torpedo, grenade, cannon, cap or other combustible fireworks of any kind within the corporate limits; except as set forth below:
[Amended 2-7-2006 by Ord. No. 06-01]
Fireworks may be discharged on New Year's Eve from 10:00 a.m. to 12:00 midnight; on New Year's Day from 12:00 midnight to 1:00 a.m.; on July 4 and up to two additional days as may be designated by the governing body, from 5:00 p.m. to 12:00 midnight of each year. Any person may request the governing body to designate additional dates upon which fireworks can be lawfully discharged, but any such request must be submitted to and considered by the governing body prior to the last regularly scheduled meeting in March of each year. Each year, the governing body may designate the City property, if any, which may be used by persons to legally discharge fireworks on the above dates. Nothing contained in this section shall prohibit the City from performing such acts for the purpose of exhibiting a display during the celebration of a national, state or municipal holiday. At all times it shall be unlawful to:
[Amended 4-16-2019 by Ord. No. 19-02]
Discharge fireworks while on the property owned by another unless permission has been obtained from the property owner.
Throw, or discharge fireworks from a motor vehicle, whether such vehicle is moving or standing still.
Discharge fireworks within 100 feet of any gasoline bulk station or storage area, or any building in which gasoline or volatile liquids or gases are dispensed.
Discharge any rocket of over four ounces.
Public firework displays by organizations may be permitted upon obtaining a special permit as required by the Uniform Fire Code.
Hunting. No person shall, within the corporate City limits, hunt, stalk, shoot or kill, or attempt to hunt, stalk, shoot or kill any game animal or game bird as defined by Sec. 23-1-101, Wyoming Statutes (1977), unless hunting of a particular game animal or game bird is authorized by the governing body of the City.
Any person who shall do or engage in any of the following shall be guilty of disorderly conduct:
Any person who shall act in a violent or tumultuous manner toward another, whereby any person is placed in danger of safety of his life, limb or health.
Any person who shall act in a violent or tumultuous manner toward another, whereby public property or property of any other person is placed in danger of being destroyed or damaged.
Any person who shall endanger lawful pursuits of another by acts of violence or threats of bodily harm.
Any person who shall cause, provoke or engage in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another or public property.
Any person who shall assemble or congregate with another or others and cause, provoke or engage in any fight or brawl.
Any person who shall collect in bodies or in crowds and engage in unlawful activities.
Any person who shall assemble or congregate with another or others and engage or attempt to engage in gaming.
Any person who shall frequent any public place and obtain money from another by an illegal and fraudulent scheme, trick, artifice or device, or attempt to do so.
Any person who assembles with another or others and engages in any fraudulent scheme, device or trick to obtain any valuable thing in any place or from any person, or attempts to do so.
Any person who utters, in a public place or any place open to the public, any obscene words or epithets.
Any person who frequents any place where gaming or the illegal sale or possession of alcoholic beverages or narcotics or dangerous drugs is practiced, allowed or tolerated.
Any person who shall use "fighting words" directed towards any person who becomes outraged and thus creates turmoil.
Any person who shall assemble or congregate with another or others and do bodily harm to another.
Any person who shall, by acts of violence, interfere with another's pursuit of a lawful occupation.
Any person who shall congregate with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic and refuse to clear such public way when ordered to do so by a peace officer or other person having authority.
Any person who damages, befouls or disturbs public property or the property of another so as to create a hazardous, unhealthy or physically offensive condition.
No person shall annoy or disturb any congregation, assembly or gathering, by indecent behavior or otherwise.
No person shall annoy or disturb any congregation or assembly, gathered together for religious worship, by making a noise, by rude or indecent behavior or by profane discourse, within the place wherein such congregation or assembly is gathered together or so near the same as to be heard by or as to tend to disturb the persons so engaged or assembled.
[Added by Ord. No. 93-1; amended by Ord. No. 93-7]
It is unlawful for any person to cause, or to continue to cause or make a disturbance of any excessive or unusually loud noise so as to disturb the peace, quiet and comfort of any reasonable person of normal sensitivity residing in the same vicinity, neighborhood, trailer or mobile home park, apartment house or complex within the limits of the City of Evanston, Wyoming.
[Amended by Ord. No. 81-41]
"Drug paraphernalia" defined. The term "drug paraphernalia," as used in this section, means all equipment, products and materials of any kind which are used, intended for use or designated for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance as defined by the Wyoming Controlled Substances Act of 1971 (Wyoming Statutes, 1977, sections 35-7-1001 to 35-7-1055, as amended), hereinafter referred to as the "act." Such act by this reference is hereby incorporated herein as if fully set forth. "Drug paraphernalia" includes, but is not limited to:
Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.
Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances.
Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances.
Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.
Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body.
Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls.
Carburetion tubes and devices.
Smoking and carburetion masks.
Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.
Miniature cocaine spoons and cocaine vials.
Air driven pipes.
Ice pipes or chillers.
Possession. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia as defined in this section, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the act. Any person who violates this subsection is guilty of a crime and, upon conviction, may be imprisoned for not more than six months or fined not more than seven hundred fifty dollars.
Manufacture or delivery. It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the act. Any person who violates this subsection is guilty of a crime and, upon conviction, may be imprisoned for not more than six months or fined not more than seven hundred fifty dollars.
Advertisement. It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a crime and, upon conviction, may be imprisoned for not more than six months or fined not more than seven hundred fifty dollars.
Civil forfeiture and seizures—Property subject to forfeiture. The following are subject to forfeiture:
Same—Seizure of property subject to forfeiture. Property subject to forfeiture under subsection E of this section may be seized by any law enforcement officer of the state upon process issued by any court having jurisdiction over the property. Seizure without process may be made if:
Same—Seized property not repleviable; sealing or removal of seized property. Property taken or detained under this section shall not be subject to replevin but is deemed to be in the custody of the City, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this section, the law enforcement officer may:
Same—Disposition of forfeited property. When property is forfeited under this section, the law enforcement officer may:
Retain it for official use, in which case it shall become the property of the City;
Sell any such property which is not required to be destroyed by law and which is not harmful to the public. The proceeds shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs;
Remove it for disposition in accordance with law; or
Transfer ownership and control of the property to the state or any political subdivision of the state for its official use.
Severability. If any provision of this section or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
[Added by Ord. No. 81-106; amended by Ord. No. 03-20]
Possession. It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice.
Use. Any person who knowingly or intentionally uses or is under the influence of a controlled substance, except when administered or prescribed by or under the direction of a licensed practitioner, shall be guilty of a misdemeanor.
[Added by Ord. No. 03-10]
No person shall inhale, absorb, ingest or take into the body any substance, except alcoholic beverages as defined by section 4.1 of the City Code, with the intent of inducing intoxication, elation, a dazed condition, paralysis, irrational behavior or to distort or disturb the hearing, visual or mental processes. The provisions of this section shall not apply to any person who ingests, inhales or absorbs any such substance as prescribed and directed by a licensed medical practitioner.
It shall be unlawful for any person, by any means whatsoever, to entice any minor of either sex to frequent or to enter any public or private house or other place for the purpose of practicing fornication or adultery, or to indulge in any lewd, lascivious, immoral or indecent conduct while therein. Any proof of the enticement thereto, whether fornication or adultery is practiced or whether lewd, lascivious, immoral or indecent conduct is indulged in or not, shall be deemed to be presumptive evidence of the intent of such person so enticing to practice fornication or adultery or to indulge in lewd, lascivious, immoral or indecent conduct; provided, that a second or subsequent violation of this section shall be punishable, on conviction, as a felony, pursuant to Wyoming Statutes, 1977, section 14-3-103(b).
No person shall knowingly give a false alarm of fire, except those for test purposes given or caused to be given by the chief engineer of the fire department.
It shall be unlawful for any person to call any police officer to any place, falsely pretending or falsely giving such officer to understand that he is needed or wanted in any place as such officer.
[Amended by Ord. No. 83-7]
No person shall interfere with any part of the fire alarm system, unless so authorized by the fire chief of the fire department.
No person shall shut off or turn on or interfere in any way with any fire hydrant, valve or water main in the City.
Editor’s Note: Former § 15-19, Definitions, § 15-20, Gambling prohibited, as amended, and § 15-21, Seizure of gambling devices; records and proceeds, as amended, were repealed 3-19-2019 by Ord. No. 19-01.
[Added by Ord. No. 01-06]
Definition of litter. "Litter" means garbage, debris, refuse or waste material which when thrown, scattered or deposited as herein prohibited has a negative impact on public health, safety and welfare and tends to reduce property values.
Littering prohibited. A misdemeanor is committed by person who litters upon a public place or on the property of another from a motor vehicle or otherwise.
Prevention of scattering. A misdemeanor is committed by a person who fails to deposit litter in a trash receptacle in a manner which will prevent litter from being scattered, carried away or strewn about by the elements upon any public place or the private property of another.
No person shall loiter in a public place in such manner as to:
Create or cause to be created a danger of a breach of peace.
Create or cause to be created disturbance or annoyance to the comfort and repose of any person.
Obstruct the free passage of pedestrians or vehicles.
Obstruct, molest or interfere with any persons lawfully in any public place.
Obstruct, molest or interfere with the operation of any lawful business in the City.
"Loitering" and "public place," as used in this section, shall be defined as set forth in section 15-6.
This section shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to or in whose hearing they are made, or which cause persons to avoid patronizing a place of business.
Whenever the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated above, any police officer may order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
No person shall interfere in any way with any employee of the City in the performance of his work, or displace any stakes or landmarks deposited or installed by any employee, or in any way molest any tools, instrument or equipment used by such employee in the duties assigned to him.
Declared unlawful. The making and creating of noise within the City is hereby declared to be unlawful.
"Noise" defined. The term "noise" shall have the following meanings:
When related to a sound from a vehicle with a manufacturer's gross weight rating of ten thousand pounds on a prescribed truck route during the hours of 7:00 a.m. to 6:00 p.m. on Monday through Sunday, the term shall mean any such sound which exceeds eighty-eight decibels.
When related to all other sounds, from whatever source the term shall mean any such sounds which exceed eighty decibels.
Noisemaking activities prohibited. No person shall operate any type of vehicle or carry on any other activity in violation of this section.
Tests and measurements. For the purpose of determining and classifying any noise as excessive and in violation of this section, the following test measurement and requirements shall be applied:
The noise shall be measured on a sound meter which conforms to ANSI and international standards and quality, operated on an "A" weighing scale.
The noise shall be measured at a distance of at least thirty-five feet from its source, when located within a dedicated public right-of-way.
If the noise is located on private property or public property, other than a dedicated public right-of-way, it shall be measured at least twenty-five feet from the property line of the property on which its source is located.
Permits for exemptions.
Applications for permits for relief from noise levels designated in this section may be made to the chief of police. Any permit granted by the chief of police hereunder shall contain all conditions upon which such permit has been granted and shall specify a reasonable time that the permit shall be effective. The chief of police may grant the relief as applied for if he finds:
That additional time is necessary for the applicant to alter or modify his activities or operations to comply with this section; or
That the activity, operation or noise will be of temporary duration and cannot be done in a manner that would comply with this section; or
That no other reasonable alternative is available to the applicant; or
That failure to issue the permit would constitute an undue hardship.
The chief of police may prescribe any requirements he deems necessary to minimize adverse effect upon the community or the surrounding neighborhood, as a condition to the issuance of a permit.
The chief of police shall either issue or reject any application submitted to him in writing within five days after receipt thereof, and the applicant may appeal, in writing, to the City council, any decision of the chief of police, within ten days after such decision is rendered.
Exemptions enumerated. The requirements, prohibitions and terms of this section shall not apply to any authorized emergency vehicle when responding to an emergency call or acting in time of emergency and shall not apply to those activities of a temporary duration, permitted by law and for which a license or permit has been granted by the City, including but not limited to parades and fireworks displays.
[Added by Ord. No. 85-1; amended by Ord. No. 03-04]
Notwithstanding anything contained in section 15-24 of this chapter, it shall be unlawful for a person to use an engine compression brake device on a vehicle within the corporate limits of the City.
A person is not in violation of this section if the person uses an engine compression brake device in an emergency situation to avoid imminent danger to a person or to property.
It shall be unlawful for any person to appear in a state of nudity in any public place. For the purposes of this section, the word "nudity" shall mean the showing of the human male or female genitals or pubic area or female breasts with less than a fully opaque covering.
No person shall keep, set up, maintain or operate any place, structure, building or conveyance for the purpose of prostitution, or with knowledge or reasonable cause to know that the same is or is to be used for such purpose, or receive or offer to agree to receive any person in any place, structure, building or conveyance for the purpose of prostitution or permit any person to remain therein for such purpose.
No person shall direct, take, transport or offer or agree to take or transport any person to any place, structure or building or to any other person with knowledge or reasonable cause to know that the purpose of such directing, taking, or transporting is prostitution.
No person shall reside in, enter or remain in any place, structure or building, or enter or remain in any conveyance, for the purpose of prostitution.
No person shall engage in or solicit prostitution or aid or abet prostitution, by solicitation or by any means whatsoever.
[Added by Ord. No. 86-33]
No person, with the intent of misleading a police officer as to his identity, birth date, or place of residence, shall knowingly give a police officer a false name, birth date, or place of residence while that officer is in the lawful discharge of his official duties.
It shall be unlawful for any person to be drunk or in a state of intoxication in any highway, street, thoroughfare or other public place within the City.
It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building or other structure or within any unoccupied or abandoned building, dwelling or other structure under his control, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snaplock or other locking device, which may not be released from the inside without first removing the door or lid, snaplock or other locking device from such icebox, refrigerator or container.
[Added by Ord. No. 95-17]
It is unlawful for any person to disturb, excavate or remove any artifacts or items from a designated archeological site owned by the City of Evanston unless permission to do so has been obtained from the governing body.
The governing body of the City of Evanston may from time to time designate archeological sites by a duly adopted resolution.
Every person conducting any hospital or pharmacy in the City, or the managing agent thereof, or the person managing or in charge of such hospital or pharmacy or in charge of any ward or part of such hospital, to which any person suffering from any wound or other injury, inflicted by his own act or by the act of another by means of a knife, gun, pistol or other deadly weapon, or inflicted upon such person in violation of any law of the state, shall come or be brought, shall report the same immediately, both by telephone and in writing, to the chief of police or other head of the police department of the City or to the sheriff of the county. The report shall state the name of the injured person, if known, his whereabouts and the character and extent of his injuries.
Whoever, within the City limits, shall resist any member of the police department in the discharge of his duties or shall in any way interfere with or hinder or prevent him from discharging his duty as such officer or member, or shall offer or endeavor to do so, and whoever shall in any manner assist any person in custody of any police officer to escape from such custody, or shall rescue or attempt to rescue any person so in custody shall, on conviction thereof, be punished as provided in section 1-5.
It shall be unlawful for any person to wilfully conceal or take possession of any goods offered for sale by wholesale or retail stores or other mercantile establishments, without the knowledge or consent of the owner thereof and with intent to convert the goods to his own use without paying the purchase price.
[Amended 3-4-2014 by Ord. No. 14-01]
Any officer, merchant or merchant's employee who has reasonable cause for believing that a person has committed the crime of shoplifting as defined by subsection A of this section may detain and interrogate such person in regard thereto in a reasonable manner and for a reasonable time.
When a police officer, merchant or merchant's employee, with reasonable cause for believing that a person has committed the crime of shoplifting as defined by subsection A of this section, detains and interrogates such person in regard thereto and such person thereafter brings action for slander, false arrest, false imprisonment, assault, battery or wrongful detention based upon the detention and interrogation, such reasonable cause shall be a defense to the action if the detention and interrogation were done in a reasonable manner and for a reasonable time.
It shall be unlawful for any person to ride a bicycle, rollerskate, ride a skateboard or participate in any activity except playing tennis upon any tennis court owned, operated or maintained by the City.
It shall be unlawful for any person to run, walk or be upon any tennis court owned, operated or maintained by the City in any shoes, sandals or other attire other than soft-soled athletic shoes.
[Amended by Ord. No. 81-41]
Whoever enters into or upon the land or premises of another after being lawfully notified or forbidden to do so by the owner or occupant, or his agent or servant, or whoever, being upon the land or premises of another, shall be lawfully notified to depart therefrom by the owner or occupant or his agent or servant and shall thereafter neglect or refuse to depart therefrom, shall be guilty of criminal trespass and, upon conviction, shall be fined not more than seven hundred fifty dollars, or imprisoned in the City jail for not more than six months, or both.
[Added by Ord. No. 82-101; amended by Ord. No. 03-09]
Whoever unlawfully steals, takes and carries, leads or drives away the property of another which has a value of five hundred dollars or less is guilty of petit larceny.
[Added by Ord. No. 87-2]
It shall be unlawful for any person to wilfully and maliciously harass, taunt, torment, tease or frighten any dog used by the police department of the City, in the performance of the functions or duties of such department, or to interfere with or meddle with any such dog used by said department or any member thereof in the performance in the function or duties of said department or such officer or member.
It shall be unlawful for any person to wilfully and maliciously torture, mutilate, injure, disable, poison or kill any dog used by the police department of the City, in the performance of the duties of such department or any member thereof in the performance of any of the functions or duties of said department.
Any person who violates any provision of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed seven hundred fifty dollars.
[Added by Ord. No. 91-10]
As used in this section, the following terms shall have the meanings indicated:
- A written unconditional order to pay a sum certain in money drawn on a bank payable on demand and signed by the drawer;
- KNOWINGLY ISSUES
- Issuing a check to obtain property or to pay a debt with intent to defraud or deceive any other person;
- The bank or purported bank upon which a check is drawn;
- A person either real or fictitious whose name appears on a check as the primary obligor whether the actual signature is that of himself or of a person authorized to draw the check in his behalf;
- INSUFFICIENT FUNDS
- When the drawer issues a check from the drawee and has no checking account with the drawee or has funds or credit in a checking account with the drawee in an amount less than the amount of the check plus the amount of all other checks outstanding at the time of issuance. A check dishonored for "no account," "account closed" or "non-sufficient funds" shall also be deemed to be dishonored for "insufficient funds";
- Make, draw, deliver or pass a check.
Any person who knowingly issues a check which is not paid because the drawer has insufficient funds or credit with the drawee has issued a fraudulent check and commits misdemeanor fraud by check, if the check was for a sum less than five hundred dollars.
In addition to the penalties set forth in Section 1-5, the court may require any person convicted of check fraud to make restitution in an amount not to exceed twice the amount of the dishonored check.
Any of the following is prima facie evidence that the person at the time he issued the check or other order for the payment of money intended that it should not be paid:
Proof that at the time of issuance he did not have an account with the drawee;
Proof that at the time of issuance he did not have sufficient funds with the drawee and that he failed to pay the check or other order within five days after receiving notice of nonpayment or dishonor, personally given or sent to the address shown on the check or other order.
Proof the drawer opened an account with the drawee on a certain date shall be considered evidence of the drawer's knowledge of the account balance on that date.