[R.O. 2012 §215.440; CC 1992 §13-26; Ord. No. 1633, 4-11-1983]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
Varying from the standard of composition or quality prescribed
by Statute or lawfully promulgated administrative regulations of this
State lawfully filed, or, if none, as set by commercial usage.
To take, obtain, use, transfer, conceal or retain possession
of.
A threat, however communicated, to:
Commit any offense;
Inflict physical injury in the future on the person threatened
or another;
Accuse any person of any offense;
Expose any person to hatred, contempt or ridicule;
Harm the credit or business repute of any person;
Take or withhold action as a public servant, or to cause a public
servant to take or withhold action; or
Inflict any other harm which would not benefit the actor.
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A threat of accusation, lawsuit or other 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 lawful service. The defendant shall have the burden of injecting
the issue of justification as to any threat.
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A writing, number or other device 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.
A person in the business of buying and selling goods.
A card, code, number or other device, other than a check,
draft or similar paper instrument, by the use of which a person may
initiate an electronic fund transfer, including, but not limited to,
devices that enable electronic transfers of benefits to public assistance
recipients.
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 by statements
unlikely to deceive ordinary persons in the group addressed. Deception
as to the actor's intention to perform a promise shall not be inferred
from the fact alone that he/she did not subsequently perform the promise.
Means:
Varying from the standard of truth or disclosure in labeling
prescribed by Statute or lawfully promulgated administrative regulations
of this State lawfully filed, or, if none, as set by commercial usage;
or represented as being another person's product, though otherwise
accurately labeled as to quality and quantity.
Property or services are that of another if any natural person,
corporation, partnership, association, governmental subdivision or
instrumentality, other than the actor, has a possessory or proprietary
interest therein, except that property shall not be deemed property
of another when the other person has only a security interest therein,
even if legal title is in the creditor pursuant to a conditional sales
contract or other security arrangement.
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.
Acquiring possession, control or title or lending on the
security of the property.
Includes, transportation, telephone, electricity, gas, water
and cable television services or other public service; accommodation
in hotels, restaurants or elsewhere; admission to exhibitions and
use of vehicles.
Includes, printing, any other method of recording information,
money, coins, negotiable instruments, tokens, stamps, seals, credit
cards, badges, trademarks and any other symbols of value, right, privilege
or identification.
[R.O. 2012 §215.450; CC 1992 §13-27; Ord. No. 1633, 4-11-1983]
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.
[R.O. 2012 §215.460; CC 1992 §13-28; Ord. No. 1633, 4-11-1983]
A.
A person who appropriates lost property shall not be deemed to have stolen that property within the meaning of Section 215.450 unless such property is found under circumstances which gave the finder knowledge of or means of inquiry as to the true owner.
B.
The
defendant shall have the burden of injecting the issue of lost property.
[R.O. 2012 §215.470; CC 1992 §13-29; Ord. No. 1633, 4-11-1983]
A person commits the offense of false advertising if, in connection
with the promotion of the sale of or to increase the consumption of
property or services, he/she recklessly makes or causes to be made
a false or misleading statement in any advertisement addressed to
the public or to a substantial number of persons.
[R.O. 2012 §215.480; CC 1992 §13-30; Ord. No. 1633, 4-11-1983]
A.
A person
commits the offense of bait advertising if he/she advertises in any
manner the sale of property or services with the purpose not to sell
or provide the property or services:
[R.O. 2012 §215.490; CC 1992 §13-31; Ord. No. 1479 §1, 6-7-1976; Ord. No. 1633, 4-11-1983]
For the purposes of Sections 215.490 through 215.510, the following terms shall have the meanings respectively ascribed to them in this Section:
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.
All goods, wares and merchandise offered for sale or displayed
by a merchant.
Any corporation, partnership, association or person who is
engaged in the business of selling goods, wares and merchandise in
a mercantile establishment.
Stealing of merchandise or money and any other wrongful appropriation
of merchandise or money.
[R.O. 2012 §215.500; CC 1992 §13-33; Ord. No. 1479 §3, 6-7-1976; Ord. No. 1633, 4-11-1983]
Any merchant or 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 or his/her agent or
employee criminally or civilly liable to the person so detained.
[R.O. 2012 §215.510; CC 1992 §13-34; Ord. No. 1479 §4, 6-7-1976; Ord. No. 1633, 4-11-1983]
Any person wilfully 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 Section 215.490. The finding of such unpurchased merchandise concealed upon the person or among the belongings of such person shall be evidence of 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 or his/her agent or employee, in order that recovery of such merchandise may be effected. Any such reasonable detention shall not be deemed to be unlawful, nor render such merchant or his/her agent or employee criminally or civilly liable.
