[Ch. 22 §22.001]
A.
No
person shall intentionally steal the property or services of another,
either without his/her consent or by means of deceit.
B.
PROPERTY
STEAL
Everything of value whether real or personal, tangible or
intangible, in possession or in action.
To appropriate by exercising dominion over property in a
manner inconsistent with the rights of the owner, either in taking,
obtaining, using, transferring, concealing or retaining possession
of his/her property.
A.
A person
commits the offense of receiving stolen property if for the purpose
of depriving the owner of a lawful interest therein, he/she 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 that:
1.
He/she was found in possession or control of other property stolen
on separate occasions from two (2) or more persons;
2.
He/she received other stolen property in another transaction within
the year preceding the transaction charged; or
3.
He/she acquired the stolen property for a consideration which he/she
knew was far below its reasonable value.
A person commits the offense of possession of burglar's tools
if he/she 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.
[Ch. 22 §22.004]
No person who shall become possessed of any money or personal
property of another shall knowingly keep or withhold such property
from the rightful owner thereof.
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;
2.
Unlawfully rides in or upon another's automobile, airplane, motorcycle,
motorboat or other motor-propelled vehicle;
3.
Tampers or makes connection with property of a utility; or
4.
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:
B.
In any prosecution under paragraph (4) of Subsection (A), 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 paragraph (4) of Subsection (A), 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 subdivision by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.
[Ch. 22 §22.007]
A.
No
person shall willfully enter or remain upon or in any land, structure,
vehicle, aircraft, or watercraft with knowledge that he/she is not
authorized or privileged to enter or remain thereupon or therein where:
1.
The said person enters upon or in said land, structure, vehicle,
aircraft or watercraft after such entry upon or in has been forbidden
by personal communication of the owner or person authorized by the
owner to make such communication; or
2.
He/she remains upon or in said land, structure, vehicle, aircraft
or watercraft after he/she has been ordered to leave by the owner
or person authorized by the owner to so order; or
3.
The land, structure, vehicle, aircraft or watercraft is posted by
plainly written signs or warnings, where they may be readily seen,
using the words "No Trespassing", "Keep Out", or
words of similar meaning and no person shall molest, injure or remove
or destroy any such sign or warning so posted by the owner or person
authorized by the owner to so post said property; or
4.
The said property or premises is used for residential purposes.
[Ch. 22 §22.008; Ord. No. 22.008(A), 6-3-1991]
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.
[Ch. 22 §22.010]
A.
No
person shall with intent to cheat or defraud, obtain or attempt to
obtain from any other person or persons or entity any money, property
or valuable thing whatsoever by means or by use of any trick of deception,
or by means of false and fraudulent representation or statement or
pretense or by any other means or instrument or device commonly called "the confidence game" or by the use of any false or bogus
check or by means of a check drawn with intent to cheat and defraud
on a bank in which the drawer of the check knows he/she has no funds.
B.
No
person shall procure any article or thing of value or attempt to discharge
any past due debt or other obligation or for any purpose shall make,
draw or utter or deliver, with intent to defraud, a check, draft or
order for the payment of money, upon any bank or other depository,
knowing at the time of such making, drawing, uttering or delivering
that the drawer or maker had not sufficient funds in or credit with
such bank or other depository for the payment of such check, draft
or order in full, upon its presentation.
C.
As
against the maker or drawer thereof the making, drawing, uttering
or delivering of a check, draft or order, payment of which is refused
by the drawee, shall be prima facie evidence of intent to defraud,
and of knowledge of insufficient funds in or credit with such bank
or other depository, providing such maker or drawer shall not have
paid the drawee thereof the amount due thereof, with all costs and
protest fees, within ten (10) days after receiving notice of such
check, draft or order has not been paid by the drawee.
[Ch. 22 §22.011]
No person, firm or corporation who with intent to defraud or
to aid or abet another to defraud any person, firm or corporation
of the lawful charge in whole or in part of any goods, wares or services
by charging such goods, wares or services to any existing credit card,
credit card number or other credit card device without the authority
of the subscriber thereto or the lawful holder thereof, or shall charge
such goods, wares or services to a non-existent, false, fictitious
or counterfeit credit card, credit card number or other credit device,
or a suspended, terminated, cancelled, expired or revoked credit card,
credit card number or other credit device, or shall by use of a code,
pre-arranged scheme or other similar stratagem or device whereby said
person, firm or corporation in effect sends or receives information
or by installing, rearranging or tampering with any facility or equipment,
either physically, inductively, acoustically or electronically, or
by any other trick, stratagem, impersonation, false pretense, false
representation, false statement, contrivance, device, or means, obtains
or attempts to obtain any other goods, wares or services.
A.
No
person shall possess any key, tool, instrument, slug, explosive, or
similar device, or a drawing, print, mold of a key, tool, instrument,
explosive, or device designed to open, break into, tamper with, or
damage a coin-operated vending machine or any other machine or device
which is activated by the customer depositing some form of payment,
with the intent to commit a theft from such machine.
B.
The owner of a coin-operated vending machine or any other machine or device which is activated by the customer depositing some form of payment may maintain a civil cause of action against any person who pleads guilty or if found guilty of a violation of Subsection (A) of this Section. If such owner of a coin-operated vending machine or any other machine or device which is activated by the customer depositing some form of payment prevails in such action, the court may award treble damages, reasonable attorney's fees, and costs.
[Ch. 22 §22.015]
No person shall willfully enter or go upon the enclosed premises
of the City park, or upon the enclosed premises of the City lagoons,
without the expressed permission of the Police Department in the case
of the City lagoons. Provided however, that a person may enter or
go upon said premises in the company of a Police Officer to inspect
or retrieve an item of property located in the City park.
