[Ord. No. 1841 § 1, 2-21-2017]
No person shall solicit, sell, distribute or peddle goods, wares
or services from any person at property designated by a sign, conspicuously
posted at the front door of the property, indicating "No Solicitation,"
"No solicitors" or other similar language expressing the unwillingness
of occupants of the property to accept solicitors.
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.
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.
[CC 1992 §220.090; R.O. 1979 §9.200]
As used in this Article, the following words shall have the
meanings set out herein:
APPROPRIATE
To take, use, transfer, conceal or retain possession of.
DEPRIVE
To withhold property from the owner permanently; or to restore
property only upon payment of reward or other compensation; or to
use or dispose of the property in a manner that makes recovery of
the property by the owner unlikely.
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.
SERVICES
Includes transportation, telephone, electricity, gas, water
or other public service, accommodation in hotels, motels, restaurants
or elsewhere, admission to exhibitions and use of vehicles.
[CC 1992 §220.110; Ord. No. 382 §1, 6-13-1984; Ord. No. 1209 §1, 7-12-2001]
A. It
shall be unlawful for any person to obtain and accept lodging, food,
beverage, accommodations or services from a hotel, motel, inn or restaurant
without making payment for such services. A person commits the violation
of theft of services if he/she appropriates services of another with
the purpose to deprive him/her thereof, either without consent or
by means of deceit or coercion.
B. Evidence
of any of the following shall be admissible in any prosecution under
this Section and shall constitute prima facie evidence of knowledge
and intent to appropriate services without making payment:
1. That he/she received the service or services, then failed or refused
to pay for services received;
2. That he/she surreptitiously removed or attempted to remove baggage,
personal property or both from the hotel, motel or inn after receiving
services;
3. That he/she presented a credit card or other credit instrument for
payment of services while not being authorized to use said credit
card, device or instrument.
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Other competent evidence of knowledge and intent may be admitted
in lieu of or in addition to any of the foregoing evidence.
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[CC 1992 §220.120; Ord. No. 509 §1, 3-13-1990]
A. Definitions. The following words and phrases, when used
in this Section, shall, for the purpose of this Section, have the
meanings respectively ascribed to them in this Section except when
the context otherwise requires:
CUSTOMER
The person in whose name a utility service is provided.
DIVERT
To change the intended course or path of electricity, water,
gas, telephone, cable television or other utility service without
authorization or consent of the utility.
PERSON
Any individual, partnership, firm, association or corporation.
RECONNECTION
The commencement of utility service, other than by the utility
company, to a customer or other person after service has been discontinued
by the utility.
TAMPER
To rearrange, damage, injure, destroy, alter, interfere with
or otherwise prevent from performing normal or customary function.
UTILITY SERVICE
The provision of electricity, water, gas, telephone, cable
television or other utility service.
B. Unlawful Acts. A person commits the crime of theft of utility
service if he/she:
1. Knowingly diverts or causes to be diverted utility service by any
means whatsoever.
2. Knowingly makes or causes to make any connection or reconnection
with property owned or used by the utility to provide utility service
without the authorization or consent of the utility.
3. Knowingly prevents any utility meter or other device used in determining
the charge for utility service from accurately performing its measuring
function by tampering or by any other means.
4. Knowingly tampers with any property owned or used by the utility
company to provide utility service.
5. Knowingly uses or receives a direct benefit of all or any portion
of the utility service with knowledge of or reason to believe that
the diversion, tampering or unauthorized connection existed at the
time of the use or that the use or receipt was without the authorization
or consent of the utility.
6. Knowingly advertises, manufactures, distributes, sells, uses, rents
or offers for sale, rental or use any device of any description or
any plan or kit designed to obtain utility service in violation of
this Section.
7. Knowingly obtains utility service by means of false representations
or other fraudulent or deceptive actions designed to avoid the payment
of any outstanding lawful charges for any utility service.
8. Knowingly avoids the lawful charges, in whole or in part, for any
utility service by the use of any fraudulent or deceptive scheme,
device, means or method.
C. The
existence on the property and in the actual possession of the accused
of any instrument, apparatus or device primarily designed to be used
to obtain utility service without paying the full lawful charge therefore
or any utility equipment that has been altered, tampered with or bypassed
so as to cause no measurement or inaccurate measurement of utility
service 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 the accused has committed the crime of theft of
utility service.
D. Nothing
in this Section shall be construed to render unlawful or prohibit
an individual or other legal entity from owning or operating a video
cassette recorder or a device commonly known as a "satellite receiving
dish" for the purpose of receiving and utilizing satellite-relayed
television signals for his/her own use.
[Ord. No. 1443 §1(220.105), 10-13-2005]
A. A person
or entity commits the crime of attempted theft by use of deceitful
business practices if a person or entity, by the use of deceit, takes
a substantial step towards the appropriation of the property of another,
including cash, in a business transaction with the purpose to deprive
the victim thereof.
B. Deceitful
business practices include, but are not limited to, knowingly making
false statements in the process of making repair estimates for the
repair of equipment or machinery, including motor vehicles, or knowingly
making false statements in the process of performing safety inspections
for equipment or machinery, including motor vehicles, with the purpose
to defraud.