[Adopted as Ch. 666 of the 1989 Codified
Ordinances]
No person shall engage in any fraudulent scheme,
device or trick to obtain money or other valuable thing, or aid, abet
or in any manner be concerned with such an act.
No person shall offer or expose for sale, sell,
use or retain in his or her possession a false weight, measure or
weighing or measuring device in the buying or selling of any commodity
or thing or for hire or reward. No person shall dispose of any condemned
weight, measure or weighing or measuring device contrary to law or
remove any tags placed thereon by the Sealer of Weights and Measures.
No person shall sell or offer or expose for sale less of a commodity
than the quantity he or she represents, or sell or offer or expose
for sale any such commodity in any manner contrary to law. No person
shall sell or offer for sale, or have in his or her possession for
the purpose of selling, any device or instrument to be used to falsify
any weight or measure or calculated to do the same.
A.
No person, with purpose to defraud or knowing that
he or she is facilitating a fraud, shall do either of the following:
B.
It is prima-facie evidence of purpose to defraud if
the offender does any of the following:
(1)
Uses deception to induce the rental agency to furnish
the offender with any of the property listed in Subsection A(1) hereof,
or uses deception to induce the hostelry to furnish him or her with
accommodations;
(2)
Hires any of the property named in Subsection A(1)
hereof, or engages accommodations, knowing that he or she is without
sufficient means to pay the hire or rental;
(3)
Absconds without paying the hire or rental;
(4)
Knowingly fails to pay the hire or rental as required
by the contract of hire or rental, without reasonable excuse for such
failure; or
(5)
Knowingly fails to return hired property as required
by the contract of hire, without reasonable excuse for such failure.
B.
No person, with purpose to defraud, shall do any of
the following:
(1)
Obtain control over a credit card as security for
a debt;
(2)
Obtain property or services valued at $100 or less
by the use of a credit card, knowing or having reasonable cause to
believe that such card has expired, has been revoked or was obtained,
retained or used in violation of the law;
(3)
Furnish property or services valued at $100 or less
upon presentation of a credit card knowing that such card is being
used in violation of the law; or
(4)
Represent or cause to be represented to the issuer
of a credit card that property or services valued at $100 or less
have been furnished, knowing that such representation is false.
A.
No person, with purpose to defraud, shall issue or
transfer, or cause to be issued or transferred, a check or other negotiable
instrument, knowing that it will be dishonored.
B.
For purposes of this section, a person who issued
or transfers a check or negotiable instrument is presumed to know
that it will be dishonored if either of the following occurs:
(1)
The drawer had no account with the drawee at the time
of issuance or the stated date, whichever is later; or
(2)
The check or instrument was properly refused payment
for insufficient funds upon presentation within 30 days after issuance
or the stated date, whichever is later, and the liability of the drawer,
endorser or any party who may be liable thereon is not discharged
by payment or satisfaction within 10 days after receiving notice of
dishonor.
C.
This section shall not apply if the check or other
negotiable instrument is for payment of more than $100.
No person shall do any of the following:
[Amended 6-20-1990 by Ord. No. 297; 5-7-2008 by Ord. No.
439]
A.
Any person who shall commit the offense of larceny
by stealing the property of another of the value of $100 or less,
consisting of any money, goods or chattels, or any bank note, bank
bill, bond, promissory note, due bill, bill of exchange or other bill,
draft, order or certificate, or any book of accounts for or concerning
money or goods due or to become due, or to be delivered, or any deed
or writing containing a conveyance of land, or any other valuable
contract in force, or any receipt, release of defeasance, or any writ,
process or public records, shall be guilty of a misdemeanor.
B.
It shall be unlawful for any person to request and
obtain gasoline, oil or other merchandise at a gasoline station in
the City and flee without paying for the gasoline, oil or other merchandise,
with the intention to defraud the owner of the business.
C.
It shall be unlawful for any person to order and consume
any food and/or drink without making full payment for the same.
D.
Violation of this section shall be a misdemeanor punishable
by a fine of up to 90 days in jail and/or up to a fine of $500.
No person shall break and enter, attempt to
break and enter, or enter without breaking, at any time, any outside
showcase or other outside enclosed counter used for the display of
goods, wares or merchandise, with the intent to steal or to commit
the crime of larceny therein.
No person shall maliciously and willfully, by
and with the aid and use of any key, instrument, device or explosive,
blow or attempt to blow, or force or attempt to force, an entrance
into any coin box, depository box, newspaper coin box or other receptacle
established and maintained for the convenience of the public. No person
shall extract or obtain therefrom, or attempt to extract or obtain
therefrom, any money or thing of value deposited or contained in any
such receptacle.
No person shall steal, unlawfully remove or
in any manner damage any fixture, attachment or other property belonging
to, connected with or used in the construction of any vacant structure
or building, whether built or in the process of construction. No person
shall break into any vacant structure or building with the intention
of unlawfully removing, taking therefrom or in any manner damaging
any fixture, attachment or other property belonging to, connected
with or used in the construction of such vacant structure or building,
whether built or in the process of construction.
No person shall buy, receive or aid in the concealment
of any stolen, embezzled or converted money, goods or property, knowing
the same to have been stolen, embezzled or converted, if the property
purchased, received or concealed does not exceed a value of $100.
No person shall maliciously destroy or injure
any house or other building of another, or the appurtenances thereof,
where the damage done is $100 or less.
No person shall maliciously destroy, damage,
injure, mar or deface any private property or any building, monument,
sign, structure, fence, tree, shrub, plant, park or public property
of any kind which is owned, controlled or managed by the state, the
county, the city, any school district within the City or any other
unit or agency of government whose operating budget is raised in whole
or in part by public taxation. No person shall commit any act of vandalism
on or in any such property.
No person, in smoking or attempting to light
or smoke a cigarette, cigar, pipe or tobacco in any form for which
lighters or matches are used, or in the use of inflammable liquids,
shall set fire to any bedding, furniture, curtain, drape, house or
household furnishings in any licensed establishment.
No person shall tamper with, deface, destroy
or remove any sign, notice, marker, fire alarm box, fire hydrant,
topographical survey instrument, water meter, water stop box or any
other personal property created or placed by the city. No person shall
make unauthorized taps into water lines or any unauthorized use of
fire hydrants.
No person shall:
A.
Intentionally and without authority from the owner,
start or cause to be started the motor of any motor vehicle, or maliciously
shift or change the starting device or gears of a standing motor vehicle
to a position other than that in which it was left by the owner or
driver of such motor vehicle;
B.
Intentionally cut, mark, scratch or damage the chassis,
running gear, body, sides, top, covering or upholstery of any motor
vehicle, the property of another, or intentionally cut, mash, mark,
destroy or damage such motor vehicle, or any of the accessories, equipment,
appurtenances or attachments thereof, or any spare or extra parts
thereon or attached thereto, without the permission of the owner thereof;
or
C.
Intentionally release the brake upon any standing
motor vehicle with the intent to injure such motor vehicle and cause
the same to be moved without the consent of the owner. However, this
subsection shall not apply to the moving or starting of motor vehicles
by members of the Police Department or the Fire Department in cause
of an emergency in the vicinity of a fire.
No person shall willfully enter upon lands or
premises of another, without lawful authority, after having been forbidden
to do so by the owner or occupant. No person who is upon the land
or premises of another shall, without lawful authority, upon being
notified to depart therefrom by the owner, occupant or agent or servant
of either, neglect or refuse to depart therefrom.
No person, without privilege to do so, shall
purposely deface, damage, pollute or otherwise physically mistreat
any of the following:
A.
The flag of the United States or of the state;
B.
Any public monument;
C.
Any historical or commemorative marker, or any structure,
thing or site of great historical interest;
D.
A place of worship or its furnishings;
E.
A place of burial or a burial marker;
F.
A work of art or museum piece; or
G.
Any other object of reverence or sacred devotion.
