A. 
A person commits the offense of property damage in the second degree if:
1. 
He/she knowingly damages property of another; or
2. 
He/she damages property for the purpose of defrauding an insurer.
A. 
A person commits the offense of trespass in the first degree if he/she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.
B. 
A person does not commit the offense of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:
1. 
Actual communication to the actor; or
2. 
Posting in a manner reasonably likely to come to the attention of intruders.
A person commits the offense of trespass in the second degree if he/she enters unlawfully upon real property of another. This is an offense of absolute liability.
[Ord. No. 813 §1, 3-6-2003]
A. 
A person commits the offense of passing a bad check when:
1. 
With purpose to defraud, the person makes, issues or passes a check or other similar sight order for the payment of money knowing that it will not be paid by the drawee; or
2. 
The person makes, issues or passes a check or other similar sight order for the payment of money knowing that there are insufficient funds in that account and fails to pay the check or sight order within ten (10) days after receiving actual notice in writing that it has not been paid because of insufficient funds or credit with the drawee.
B. 
As used in Subparagraph (2) of Subsection (A) of this Section, "actual notice in writing" means notice of the non-payment which is actually received by the defendant. Such notice may include the service of summons or warrant upon the defendant for the initiation of the prosecution of the check or checks which are the subject matter of the prosecution if the summons or warrant contains information of the ten (10) day period during which the instrument may be paid and that payment of the instrument within such ten (10) day period will result in dismissal of the charges. The requirement of notice shall also be satisfied for written communications which are tendered to the defendant and which the defendant refuses to accept.
[1]
Note—Under certain circumstances this offense can be a felony under state law.
A. 
A person commits the offense of tampering in the second degree if he:
1. 
Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or
2. 
Unlawfully rides in or upon another's automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle; or
3. 
Tampers or makes connection with property of a utility; or
4. 
Tampers with, or causes to be tampered with, any meter or other property of an electric, gas, steam or water utility, the effect of which tampering is either:
a. 
To prevent the proper measuring of electric, gas, steam or water service; or
b. 
To permit the diversion of any electric, gas, steam or water service.
B. 
In any prosecution under Subdivision (4) of Subsection (A), proof that a meter or any other property of a utility has been tampered with, and the person or persons accused received the use or direct benefit of the electric, gas, steam or water service, with one (1) or more of the effects described in Subdivision (4) of Subsection A, shall be sufficient to support an inference which the trial court may submit to the trier of fact, from which the trier of fact may conclude that there has been a violation of such subdivision by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.
[Ord. No. 841 §1, 8-11-2005]
A person commits a crime of possession of burglar's tools if that person possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, with a purpose to use a knowledge that some person has the purpose of using the same in the commission of an offense of such character. Upon conviction under this Section, all such tools become the property of the Lake Tapawingo Police Department.
A. 
Definitions. For the purposes of this Section the following terms shall be deemed to have the meanings indicated below:
APPROPRIATE
To take, obtain, use, transfer, conceal or retain possession of.
COERCION
A threat, however, communicated:
1. 
To commit any crime;
2. 
To inflict physical injury in the future on the person threatened or another;
3. 
To accuse any person of any crime;
4. 
To expose any person to hatred, contempt or ridicule;
5. 
To harm the credit or business repute of any person;
6. 
To take or withhold action as a public servant or to cause a public servant to take or withhold action; or
7. 
To inflict any other harm which would not benefit the actor.
A threat of accusation, lawsuit or invocation of official action is not coercion if the property sought to be obtained by virtue of such threat was honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation, exposure, lawsuit or other official action relates, or as compensation for property or a lawful service. The defendant shall have the burden of injecting the issue of justification as to any threat.
CREDIT DEVICE
A writing, number or other devise purporting to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.
DEALER
A person in the business of buying and selling goods.
DECEIT
Purposely making a representation which is false and which the actor does not believe to be true and upon which the victim relies, as to a matter of fact, law, value, intention or other state of mind. The term "deceit" does not however, include falsity as to matters having no pecuniary significance, or puffing statements unlikely to deceive ordinary persons in the group addressed. "Deception" as to the actors intention to perform a promise shall not be inferred from the fact alone that he/she did not subsequently perform the promise.
DEPRIVE
Means:
1. 
To withhold property from the owner permanently;
2. 
To restore property only upon payment of reward or other compensation; or
3. 
To use or dispose of property in a manner that makes recovery of the property by the owner unlikely.
OF ANOTHER
Means property or services is that "of another", if any natural person, corporation, partnership, association, governmental subdivision or instrumentality, other than the actor, has a possessory or a proprietary interest therein, except that property shall not be property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security arrangement.
PROPERTY
Anything of value, whether real or personal, tangible or intangible, in possession or in action, and shall include but not be limited to the evidence of a debt, actually executed but not delivered or issued as a valid instrument.
RECEIVING
Acquiring possession, control or title or lending on the security of the property.
SERVICES
Includes transportation, telephone, electricity, gas, water or other public service, accommodations in a hotels, restaurants, or elsewhere, admission to exhibitions and use of vehicles.
WRITING
Includes printing, any other method of recording information, money, coins, negotiable instruments, tokens, stamps, seals, credit cards, badges, trademarks or any other symbols of value, a right, privilege or identification.
B. 
A person commits the offense of stealing if he/she appropriates property or services of another with the purpose to deprive him/her thereof, either without his/her consent or by means of deceit or coercion.
C. 
Evidence of the following is admissible in any criminal prosecution under this Section on the issue of the requisite knowledge or belief of the alleged stealer:
1. 
That he/she failed or refused to pay for property or services of a hotel, restaurant, inn or boarding house.
2. 
He/she gave in payment for property or services of a hotel, restaurant, inn or boarding house a check or negotiable paper on which payment was refused.
3. 
He/she left the hotel, restaurant, inn or boarding house with the intent to not pay for property or services.
4. 
He/she surreptitiously removed or attempted to remove his/her baggage from a hotel, inn or boarding house.
D. 
Upon conviction of a violation of any provision of this Section, the violator shall be punished by fines not exceeding five hundred dollars ($500.00), or by imprisonment in the County Jail not exceeding ninety (90) days, or by both such fine and imprisonment.
[Ord. No. 820 §§1,5, 8-7-2003; Ord. No. 899 §2, 8-18-2010]
A. 
Definitions. For the purpose of this Section "litter" shall mean all ashes, cinders, slops, filth, excrement, boards, sawdust, wood or metal shavings, rubber, old tires, stones, rocks, sand, oil, coal oil, gasoline, paint, straw, soot, sticks, lumber scraps, boxes, barrels, kegs, crates, cans, bottles, cartons, paper, trash, leavings, sweepings, rubbish, refuse, debris, slag, garbage, manure, putrid fish, meat, entrails, decayed fruits or vegetables, wastewater, animal or vegetable products or matter, broken ware, broken glass, rags, bones, old iron, tacks, nails, wire appliances or other metal, auto parts, roofing materials, carpet, building materials, furniture, grass, leaves, weeds, foliage, or shrub cuttings or clippings, old wearing apparel, all dead animals, carcass or part thereof or any other offensive or disagreeable substance or thing thrown, cast, dropped, blown, spilled, poured, discharged, swept, left or deposited by anyone in or upon any curb, gutter, street, highway, right-of-way, sidewalk, park, parkway, public building, vacant or occupied lot, vacant building, unenclosed areas of vacant or occupied buildings, or pond, lake, or area west of F block or any property owned by Lake Tapawingo Country Club.
B. 
No person shall sweep, throw, cast or otherwise place or deposit litter, or direct any other person under his control to sweep, throw, cast or otherwise place or deposit litter of any kind whatsoever, in or upon any curb, gutter, street, highway, right-of-way, sidewalk, park, parkway, public building, vacant or occupied lot, vacant building, unenclosed areas of vacant or occupied buildings, or pond, lake or area west of F block or any property owned by Lake Tapawingo Country Club.
C. 
No owner, occupant or agent of any land abutting upon any street or any pond, lake in the City shall allow the earth or any rubbish or litter from said land to fall, blow or wash upon any part of said street, pond or lake.
D. 
No persons shall place or permit to be placed upon his property any trash, litter or rubbish without placing the same in containers or securely covering the same so that it cannot be blown or washed upon any street, pond, lake or other property.
E. 
It shall be the duty of every owner, occupant, lessee, agent or other person having control, charge, authority or management over property to keep the same free and clear of any and all litter of every kind and description.
F. 
Any person, firm or corporation violating any of the provisions of this Section shall be subject to the general penalty provisions contained in Section 100.040.
G. 
Each day on which any nuisance, as defined herein, shall remain in any premises after the duty of the owner and/or occupant thereof arises to remove or abate same shall constitute a separate offense for which the owner and/or occupant thereof may be arrested, tried, convicted and punished separately without necessity of further notices.
H. 
Exception will apply in cases of special circumstances as approved by the Board of Aldermen of the City of Lake Tapawingo.
[Ord. No. 981, 12-7-2017]
A. 
A person commits the crime of unlawful entry if that person:
1. 
Enters or attempts to enter any building or habitable structure without lawful authority, or
2. 
Knowingly remains unlawfully in such building or habitable structure against the will of the lawful occupant after being requested to leave by the lawful occupant.