[Code 1962 §21-55; CC 1979 §19-113; Ord. No. 973 §1, 10-4-1977]
No person shall willfully or maliciously injure, deface or disfigure
any fence, building, gate, post or other structure by writing, marking
or drawing thereon any character, or post, in any place within the
City, any vulgar or indecent writing or inscription, or any obscene
literature or representation.
[Code 1962 §21-46; CC 1979 §19-114; Ord. No. 973 §1, 10-4-1977]
No person shall willfully or maliciously throw any stone, stick
or other thing into or at any train or locomotive, or at or into any
motor vehicle.
[Code 1962 §21-47; CC 1979 §19-115; Ord. No. 973 §1, 10-4-1977]
No person shall deface, destroy, tear down or remove any official
notice or bulletin or any official sign or signal posted or placed
in conformity with law or ordinance, except an officer of the City
in the proper discharge of his/her duties.
As used in this Article, the following words shall have the
meanings set out herein:
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 crime; or
To inflict physical injury in the future on the person threatened
or another; or
To accuse any person of any crime; or
To expose any person to hatred, contempt or ridicule; or
To harm the credit or business repute of any person; or
To take or withhold action as a public servant, or to cause
a public servant to take or withhold action; or
To 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.
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 is 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 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.
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,
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.
A.
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.
B.
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.
He/she failed or refused to pay for property or services of a hotel,
restaurant, inn or boardinghouse;
2.
He/she 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.
He/she left the hotel, restaurant, inn or boardinghouse 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 boardinghouse.
[Ord. No. 99-38 §1, 10-19-1999]
A.
A person
commits the crime of failing to return leased or rented property if,
with the intent to deprive the owner thereof, he purposefully fails
to return leased or rented personal property to the place and within
the time specified in an agreement in writing providing for the leasing
or renting of such personal property. In addition, any person who
has leased or rented personal property of another who conceals the
property from the owner, or who otherwise sells, pawns, loans, abandons
or gives away the leased or rented property is guilty of the crime
of failing to return leased or rented property. The provisions of
this Section shall apply to all forms of leasing and rental agreements,
including, but not limited to, contracts which provide the consumer
options to buy the leased or rented personal property, lease-purchase
agreements and rent-to-own contracts. For the purpose of determining
if a violation of this Section has occurred, leasing contracts which
provide options to buy the merchandise are owned by the owner of the
property until such time as the owner endorses the sale and transfer
of ownership of the leased property to the lessee.
B.
It
shall be prima facie evidence of the crime of failing to return leased
or rented property when a person who has leased or rented personal
property of another willfully fails to return or make arrangements
acceptable with the lessor to return the personal property to its
owner at the owner's place of business within ten (10) days after
proper notice following the expiration of the lease or rental agreement.
If such property has not been returned within the ten (10) day period
prescribed in this Subsection, the owner of the property shall report
the failure to return the property to the local law enforcement agency,
and such law enforcement agency may within five (5) days notify the
person who leased or rented the property that such person is in violation
of this Section, and that failure to immediately return the property
may subject such person to arrest for the violation.
C.
Proper
notice by the lessor shall consist of a written demand addressed and
mailed by certified or registered mail to the lessee at the address
given at the time of making the lease or rental agreement. The notice
shall contain a statement that the failure to return the property
may subject the lessee to criminal prosecution.
[Code 1962 §21-3; CC 1979 §19-117; Ord. No. 973 §1, 10-4-1977]
No person shall paste or attach, in any manner, any handbill,
poster, paper or advertisement device, or chalk, write, print, whitewash,
paint or in any manner inscribe any advertisement upon any public
footwalk or crossing, or upon any fountain wall or other similar structure.
[Code 1962 §21-4; CC 1979 §19-118; Ord. No. 973 §1, 10-4-1977]
No person shall, within the City, attach, in any manner whatsoever,
any handbill, dodger, poster, sign, notice or other advertising device,
except legal notices or print, write, whitewash or paint or in any
other manner inscribe, any advertising device or notice, other than
legal notice, upon any telegraph or telephone pole, or any other pole
maintained for the transmission of electricity for power or light,
or upon awning posts, buildings, fences or gates, without the consent
of the owner or the person occupying or having charge thereof.
[Code 1962 §21-18; CC 1979 §19-119; Ord. No. 973 §1, 10-4-1977]
No person shall bathe, wade, or cause dogs or other animals
to swim, or throw, cast or deposit any stones, sticks, papers, carcasses
of dead animals or any other substances, of whatever kind or character,
in any fountain basin in any public park within the City, or in any
reservoir, well or body of water belonging to, used or controlled
by the City, or upon any grounds belonging to or used and controlled
by the City.
[Code 1962 §21-31; CC 1979 §19-120; Ord. No. 973 §1, 10-4-1977]
No person, without proper authority, shall take, remove, mutilate
or destroy any record, document, book or paper on file or kept on
record in any public office of the City, nor shall any person retain
any record, document, book, paper or property of the City after lawful
demand for the return thereof has been made by an official or duly
authorized agent of the City.
A.
A person
commits the offense of trespass 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 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:
[CC 1979 §19-122; Ord. No. 1233 §1, 8-21-1984]
It shall be unlawful for any person to deposit, store, keep
or permit to be deposited, stored or kept, on any public or private
property, for a period exceeding ninety-six (96) hours, a dismantled,
unserviceable, inoperable, junk or abandoned vehicle or any vehicle
legally or physically incapable of being operated for a period exceeding
ninety-six (96) hours, unless such vehicle is completely enclosed
in a building, or stored in connection with a business lawfully established
pursuant to the zoning ordinances of the City.
[Code 1962 §18-13; CC 1979 §26-8; Ord. No. 767 §1, 1-5-1971; Ord.
No. 85-24 §1, 8-6-1985]
No person shall throw or place or cause to be thrown or placed
upon any street, private real property owned by another, or public
property, any trash, debris, tacks, nails, wire, scrap or glass. No
person shall throw from any motor vehicle onto the streets of the
City or upon the property of any other person any trash, or debris
of any nature.
