[Ord. No. 1225 §215.040, 5-21-1991; Ord. No. 1297 §1, 5-19-1992]
A. A person
commits the offense of stealing if he appropriates property or services
of another with the purpose to deprive him thereof, either without
his consent or by means of deceit or coercion.
B. Evidence
of the following is admissible in any prosecution under this Section
on the issue of the requisite knowledge or belief of the alleged stealer:
1. That he failed or refused to pay for property or services of a hotel,
restaurant, inn or boarding house;
2. That he gave in payment for property or services of a hotel, restaurant,
inn or boardinghouse a check or negotiable paper on which payment
was refused;
3. That he left the hotel, restaurant, inn or boarding house with the
intent to not pay for property or services;
4. That he surreptitiously removed or attempted to remove his baggage
from a hotel, inn or boarding house.
5. That he failed or refused to pay the legal fare for taxi service.
6. That he gave in payment for legal fare for taxi service a check or
negotiable paper on which payment was refused.
C. A person does not commit an offense under Section
215.040 if, at the time of the appropriation, he
1. Acted in the honest belief that he had the right to do so; or
2. Acted in the honest belief that the owner, if present, would have
consented to the appropriation.
D. The
defendant shall have the burden of injecting the issue of claim of
right.
[Ord. No. 1225 §215.050, 5-21-1991]
A. A person who appropriates lost property shall not be deemed to have stolen that property within the meaning of Section
215.040 unless such property wa 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.
[Ord. No. 1225 §215.060, 5-21-1991]
A. A person
commits the crime of receiving stolen property if for the purpose
of depriving the owner of a lawful interest therein, he receives,
retains or disposes of property of another knowing that it has been
stolen, or believing that it has been stolen.
B. Evidence
of the following is admissible in any criminal prosecution under this
Section to prove the requisite knowledge or belief of the alleged
receiver:
1. That he was found in possession or control of other property stolen
on separate occasions from two (2) or more persons;
2. That he received other stolen property in another transaction within
the year preceding the transaction charged;
3. That he acquired the stolen property for a consideration which he
knew was far below its reasonable value.
[Ord. No. 1225 §215.070, 5-21-1991]
A. A person
commits the crime of alteration or removal of item number if he, with
the purpose of depriving the owner of a lawful interest therein:
1. Destroys, removes, covers, conceals, alters, defaces, or causes to
be destroyed, removed, covered, concealed, altered, or defaced, the
manufacturer's original serial number or other distinguishing owner
applied number or mark, on any item which bears a serial number attached
by the manufacturer or distinguishing number or mark applied by the
owner of the item, for any reason whatsoever;
2. Sells, offers for sale, pawns or uses as security for a loan, any
item on which the manufacturer's original serial number or other distinguishing
owner-applied number or mark has been destroyed, removed, covered,
concealed, altered, or defaced; or
3. Buys, receives as security for a loan or in pawn, or in any manner
receives or has in his possession any item on which the manufacturer's
original serial number or other distinguishing owner-applied number
or mark ha been destroyed, removed, covered, concealed, altered, or
defaced.
[Ord. No. 1225 §215.080, 5-21-1991]
A person commits the crime of burglary when he knowingly enters
unlawfully or knowingly remains unlawfully in a building or inhabitable
structure for the purpose of committing a crime therein.
[Ord. No. 1225 §215.090, 5-21-1991]
A person commits the crime of possession of burglar's tools
if he 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 or knowledge that
some person has the purpose of using the same in making an unlawful
forcible entry into a building or inhabitable structure or a room
thereof.
[Ord. No. 1225 §215.100, 5-21-1991]
A. A person
commits the offense of arson when he knowingly damages property by
starting a fire or causing an explosion.
B. A person
does not commit an offense under this Section if:
1. No person other than himself has a possessory, proprietary or security
interest in the damaged building, or if other persons have those interests,
all of them consented to his conduct; and
2. His sole purpose was to destroy or damage the building for a lawful
and proper purpose.
C. The defendant shall have the burden of injecting the issue under Subsection
(B).
[Ord. No. 1225 §215.110, 5-21-1991]
A person commits the offense of negligent burning or exploding
when he with negligence causes damage to property of another by fire
or explosion.
[Ord. No. 1225 §215.130, 5-21-1991]
A. A person
commits the crime of tampering if:
1. He for the purpose of causing a substantial interruption or impairment
of a service rendered to the public by a utility or by an institution
providing health or safety protection, damages or tampers with property
or facilities of such a utility or institution, and thereby causes
substantial interruption or impairment of service; or
2. He knowingly receives, possesses, sells, alters, defaces, destroys
or unlawfully operates an automobile, airplane, motorcycle, motorboat
or other motor-propelled vehicle without the consent of the owner
thereof; or
3. He tampers with property of another for the purpose of causing substantial
inconvenience to that person or another; or
4. Unlawfully rides in or upon another's automobile, airplane, motorcycle,
motorboat or other motor-propelled vehicle; or
5. Tampers or makes connection with property of a utility or cable television
company; or
6. Tampers with, or causes to be tampered with, any meter or other property
of an electric, gas, steam or water utility, or cable television company,
the effect of which tampering is either:
a. to prevent the proper measuring of electric, gas, steam, water or
cable television service; or
b. To permit the diversion of any electric, gas, steam, water or cable
television service.
7. Removes or defaces any sign, barricade or safety warning device.
[Ord. No. 1225 §215.140, 5-21-1991]
A. A person
commits the crime of property damage if:
1. He knowingly damages property of another; or
2. He damages property for the purpose of defrauding an insurer.
B. A person
does not commit an offense by damaging, tampering with, operating,
riding in or upon, or making connection with property of another if
he does so under a claim of right and has reasonable grounds to believe
he has such a right.
C. The
defendant shall have the burden of injecting the issue of claim of
right.
[Ord. No. 1225 §215.150, 5-21-1991; Ord. No. 1297 §2, 5-19-1992]
A. A person
commits the crime of trespass if he knowingly enters unlawfully or
knowingly remains unlawfully in a building or inhabitable structure
or upon real property.
B. A person
does not commit the crime of trespass 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.
[Ord. No. 1537 §2, 9-5-1995]
No person shall fish along Highway 45 or along the adjacent
right of way or stop on the highway or enter upon the highway right
of way with the intent to fish.
[Ord. No. 1537 §3, 9-5-1995]
No person shall enter Riss Lake from the Highway 45 right of
way to swim.
[Ord. No. 1225 §125.160, 5-21-1991]
No person shall without lawful authority enter or attempt to
enter any building, dwelling, or other property or any part of such
building, dwelling or other property without the consent of or against
the will of the lawful occupant or of the person lawfully in charge
thereof, or refuse to quit the same on the demand of the lawful occupant
or the person lawfully in charge thereof.
[Ord. No. 1225 §215.170, 5-21-1991]
No person shall, with the intent to cheat and defraud, obtain
or attempt to obtain, from any other person, firm or corporation,
any money, property or valuable thing whatsoever by giving an untrue
or unauthorized name or address.