As used in this Article, the following terms mean:
ENTER UNLAWFULLY or REMAIN UNLAWFULLY
A person enters or remains in or upon premises when he or
she is not licensed or privileged to do so. A person who, regardless
of his or her purpose, enters or remains in or upon premises which
are at the time open to the public does so with license and privilege
unless he or she defies a lawful order not to enter or remain, personally
communicated to him or her by the owner of such premises or by other
authorized person. A license or privilege to enter or remain in a
building which is only partly open to the public is not a license
or privilege to enter or remain in that part of the building which
is not open to the public.
TO TAMPER
To interfere with something improperly, to meddle with it,
displace it, make unwarranted alterations in its existing condition,
or to deprive, temporarily, the owner or possessor of that thing.
UTILITY
An enterprise which provides gas, electric, steam, water,
sewage disposal, or communication, video, internet, or voice over
internet protocol services, and any common carrier. It may be either
publicly or privately owned or operated.
[Ord. No. 2022-01, 1-10-2022]
A. A person commits the offense of tampering if he/she:
1.
Tampers with property of another for the purpose of causing
substantial inconvenience to that person or to another; or
2.
Tampers or makes connection with property of a utility; or
3.
Tampers with, or causes to be tampered with, any meter or other
property of an electric, gas, steam or water utility, the effect of
which tampering is either:
a.
To prevent the proper measuring of electric, gas, steam or water
service; or
b.
To permit the diversion of any electric, gas, steam or water
service.
B. In any prosecution under Subsection
(A)(2), proof that a meter or any other property of a utility has been tampered with, and the person or persons accused received the use or direct benefit of the electric, gas, steam or water service with one (1) or more of the effects described in Subsection
(A)(2), 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 there has been a violation of such Subsection by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.
[CC 1976 §18-35; Ord.
No. 1203 §2, 7-12-1971]
A. The
City herewith offers a reward, not to exceed two hundred dollars ($200.00)
to any person or persons for the arrest and final conviction of anyone
willfully destroying or vandalizing the property of the City.
B. The
total reward paid to any person or persons shall not exceed two hundred
dollars ($200.00) for any single incident of willful destruction or
vandalism by one (1) or more persons.
C. The
Mayor and the Director of Finance are hereby authorized to pay a reward
provided herein under the provisions hereof.
A person commits the offense of reckless burning or exploding
if he/she recklessly starts a fire or causes an explosion and thereby
damages or destroys the property of another.
[Ord. No. 2022-01, 1-10-2022]
A. A
person commits the offense of vehicle tampering if the person:
1. Tampers with property of another for the purpose of causing substantial
inconvenience to that person or to another; or
2. Unlawfully rides in or upon another's automobile, airplane, motorcycle,
motorboat or other motor-propelled vehicle; or
B. For
purposes of this Section, "tampering" shall mean
interfering with a vehicle improperly, meddling with a vehicle, displacing
a vehicle, or making unwarranted alterations to a vehicle's existing
condition, or to deprive, temporarily, the owner or possessor of the
vehicle.
C. 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 (1) vehicle.
D. No
person shall enter a vehicle that 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.
E. 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.
[Code 1961 §12-20; CC 1976 §18-43]
Any person who shall willfully or maliciously paint, post, place
or affix any business, commercial, political, amusement or exhibition
advertisement, or any kind of advertising matter, or cause same to
be done, on or to any curbstone, flagstone, or any other portion of
any street, or sidewalk, or upon any tree, lamppost, telegraph pole,
telephone pole, hydrant, bridge or any public structure within the
City, and any person who shall willfully or maliciously paint, post,
place or affix any business, commercial, political, amusement or exhibition
advertisement or any kind of advertising matter, or cause same to
be done, on, or to any wall, window, door, fence, gate, advertising
structure, building or other object, which is the property of another,
without first having secured the written consent of the owner thereof,
or his/her duly authorized agent, shall be guilty of a misdemeanor.
[Ord. No. 2013-17 §§1, 3, 4-22-2013]
A. Any business offering payment for the purchase of gold, silver or
other precious metal, or precious or semi-precious stones and/or jewelry
shall, prior to accepting any such items:
1.
Make a copy of the seller's driver's license or, if the seller
has no driver's license, a copy of another government-issued form
of identification;
2.
Take a photograph of the article(s) being purchased;
3.
Fill out a receipt or record for the transaction, which shall
include the seller's name, address, driver's license number, and phone
number, and the date and time of the transaction. If such information
is contained in the copy of the seller's identification and/or photograph(s)
taken of the article(s) being purchased, such copy and photograph(s)
shall be deemed a sufficient record of the transaction.
B. Unless already provided to a Law Enforcement Officer, the foregoing
photographs, documents and information shall be maintained by the
business for a period of one (1) year from the date of the transaction.
No business shall refuse to deliver such documents and information
to any Law Enforcement Officer making a request for such photographs,
documents and information within one (1) year from the date of any
transaction.
C. It shall be unlawful for any business that purchases gold, silver
or other precious metal, or precious or semi-precious stones and/or
jewelry to sell, trade, melt down, or in any way dispose of, alter
or destroy any such items until one hundred twenty (120) hours after
the time of the transaction. Upon written notice that Law Enforcement
Officers have reason to believe an item has been stolen, the business
shall retain such item for an additional ten (10) days.
D. The requirements of this Section are in addition to any other requirements
on businesses found elsewhere in the Overland Municipal Code.
E. Violations of this Section shall be punishable by the general punishment provisions set forth in Section
100.050 of the Overland Municipal Code.