A person commits the offense of trespass of a school bus if
he/she knowingly and unlawfully enters any part of or unlawfully operates
any school bus.
[Ord. No. 3307 § 1, 1-4-2017]
A. A person commits the offense of constructive invasion of property
when a person uses an unmanned aircraft to capture or attempt to capture
any type of visual image, visual recording, sound recording, or other
physical impression of another engaging in private, personal, or familial
activity in a place in which that person has a reasonable expectation
of privacy and that impression could not have been achieved without
a trespass unless the unmanned aircraft was used.
B. This Section shall not be construed to impair or limit any otherwise
lawful activities of law enforcement personnel, who in the course
and scope of their employment, and supported by an articulable suspicion,
attempt to capture any type of visual image, sound recording, or other
physical impression of a person during an investigation, surveillance,
or monitoring of any conduct to obtain evidence of suspected illegal
activity or other misconduct, the suspected violation of any administrative
rule or regulation, a suspected fraudulent conduct, or any activity
involving a violation of law or business practices or conduct of public
officials adversely affecting the public welfare, health, or safety.
C. This offense is separate and unrelated to whether a physical trespass pursuant to Sections
210.320 and
210.330 occurred.
A person commits the offense of reckless burning or exploding
when he/she knowingly starts a fire or causes an explosion and thereby
recklessly damages or destroys a building or an inhabitable structure
of another.
A person commits the offense of negligent burning or exploding
when he/she with criminal negligence causes damage to property of
another by fire or explosion.
[Ord. No. 3500, 12-1-2021]
A. No
person shall test or pull any doors of successive vehicles, or open
or attempt to open the trunk of successive vehicles, that the person
does not own or lease, without each owner's or lessee's permission,
and which serves no legitimate or lawful purpose and would lead a
reasonable person to believe said conduct was in furtherance of a
crime. For purposes of this Section, "successive" shall mean more
than one vehicle.
B. No
person shall enter a vehicle that the person does not own or lease
without the owner's or lessee's permission for any illegitimate or
unlawful purpose. For purposes of this Section, "enter" shall mean
being physically present in or accessing a vehicle in a way that would
lead a reasonable person to believe said conduct was in furtherance
of a crime.
C. This
section shall not apply to any Law Enforcement Officer, Public Safety
Officer or other public employee who performs the acts described herein
while in the performance of official duties.
D. Violations. Any responsible person may be charged with an offense under this Section and upon conviction shall be punished by fine or imprisonment as provided in Section
100.110 hereof.
[Ord. No. 3411, 4-3-2019]
A. No
person shall drive a motor vehicle so as to cause it to leave the
premises of an establishment at which motor fuel offered for retail
sale was dispensed into the fuel tank of such motor vehicle unless
payment or authorized charge for motor fuel dispensed has been successfully
made.
B. For
purposes of this Section, intent of theft shall be if the person drives
off the premises and payment for said fuel is not successfully made.
In the instance in which payment was tendered by way of a credit device
at the tank and the person believed he/she had made said payment,
then intent shall be implied if he/she is notified by a Police Officer
that payment was not successful and said person refuses or fails to
pay within twenty-four (24) hours of notice by said Police Officer.
C. A person found guilty or pleading guilty to stealing pursuant to Section
210.365 for the theft of motor fuel as described in Subsections
(A) and
(B) shall have his/her driver's license suspended by the court beginning on the date of the court's order of conviction. The person shall submit all of his/her operator's and chauffeur's licenses to the court upon conviction and the court shall forward all such driver's licenses and the order of suspension of driving privileges to the Department of Revenue for administration of such order.
[Ord. No. 3287 §1, 6-15-2016]
A. A person commits the offense of identity theft if he or she knowingly
and with the intent to deceive or defraud obtains, possesses, transfers,
uses, or attempts to obtain, transfer or use, one or more means of
identification not lawfully issued for his or her use.
B. The offense of identity theft is a class B misdemeanor unless the
identity theft results in the theft or appropriation of credit, money,
goods, services, or other property:
1.
Not exceeding seven hundred fifty dollars ($750.00) in value,
in which case it is a class A misdemeanor;
2.
Exceeding seven hundred fifty dollars ($750.00) in value, in
which case it is a felony.
C. In addition to the provisions of Subsection
(B) of this Section, the court may order that the defendant make restitution to any victim of the offense. Restitution may include payment for any costs, including attorney fees, incurred by the victim.
D. Notwithstanding the provisions of Subsection
(B)(1) or
(2) of this Section, every person who has previously been found guilty of identity theft or attempted identity theft, and who subsequently is found guilty of identity theft or attempted identity theft of credit, money, goods, services, or other property not exceeding seven hundred fifty dollars ($750.00) in value is guilty of a class E felony and shall be punished accordingly.
E. If credit, property, or services are obtained by two or more acts
from the same person or location, or from different persons by two
or more acts which occur in approximately the same location or time
period so that the identity thefts are attributable to a single scheme,
plan, or conspiracy, the acts may be considered as a single identity
theft, and the value may be the total value of all credit, property,
and services involved.
[Ord. No. 3339 § 1, 7-19-2017]
A. Definitions. As used in this Section, the following definitions shall
apply:
MERCANTILE ESTABLISHMENT
Any mercantile place of business in, at or from which goods,
wares and merchandise are sold, offered for sale or delivered from
and sold at retail or wholesale.
MERCHANDISE
All goods, wares and merchandise offered for sale or displayed
by a merchant.
MERCHANT
Any corporation, partnership, association or person who is
engaged in the business of selling goods, wares and merchandise in
a mercantile establishment.
WRONGFUL TAKING
Includes stealing of merchandise or money and any other wrongful
appropriation of merchandise or money.
B. A person commits the offense of shoplifting if such person commits
a wrongful taking of merchandise or money from a mercantile establishment.
C. Any merchant, his/her agent or employee, who has reasonable grounds
or probable cause to believe that a person has committed or is committing
a wrongful taking of merchandise or money from a mercantile establishment,
may detain such person in a reasonable manner and for a reasonable
length of time for the purpose of investigating whether there has
been a wrongful taking of such merchandise or money. Any such reasonable
detention shall not constitute an unlawful arrest or detention, nor
shall it render the merchant, his/her agent or employee criminally
or civilly liable to the person so detained.
D. Any person willfully concealing unpurchased merchandise of any mercantile establishment, either on the premises or outside the premises of such establishment, shall be presumed to have so concealed such merchandise with the intention of committing a wrongful taking of such merchandise within the meaning of Subsection
(A), and the finding of such unpurchased merchandise concealed upon the person or among the belongings of such person shall be evidence of a violation of Subsection
(B) and reasonable grounds and probable cause for the detention in a reasonable manner and for a reasonable length of time of such person by a merchant, his/her agent or employee in order that recovery of such merchandise may be effected, and any such reasonable detention shall not be deemed to be unlawful nor render such merchant, his/her agent or employee criminally or civilly liable.