As used in this Article, the following
terms mean:
ADULTERATED
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.
[R.O. 2016 § 210.290; CC 1994 § 37.201]
APPROPRIATE
To take, obtain, use, transfer, conceal, retain or dispose.
[R.O. 2016 § 210.290; CC 1994 § 37.201]
CHECK
A check or other similar sight order or any other form of
presentment involving the transmission of account information for
the payment of money.
COERCION
A threat, however communicated:
[R.O. 2016 § 210.290; CC 1994 § 37.201]
1.
To commit any offense; or
2.
To inflict physical injury in the
future on the person threatened or another; or
3.
To accuse any person of any offense;
or
4.
To expose any person to hatred, contempt
or ridicule; or
5.
To harm the credit or business reputation
of any person; or
6.
To take or withhold action as a public
servant, or to cause a public servant to take or withhold action;
or
7.
To inflict any other harm which would
not benefit the actor. A threat of accusation, lawsuit or other invocation
of official action is justified and 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.
CREDIT DEVICE
A writing, card, code, 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.
[R.O. 2016 § 210.290; CC 1994 § 37.201]
DEALER
A person in the business of buying and selling goods.
[R.O. 2016 § 210.290; CC 1994 § 37.201]
DEBIT DEVICE
A writing, card, code, number or other device, other than
a check, draft or similar paper instrument, by the use of which a
person may initiate an electronic fund transfer, including but not
limited to devices that enable electronic transfers of benefits to
public assistance recipients.
DECEIT or DECEIVE
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, or
concealing a material fact as to the terms of a contract or agreement.
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
[R.O. 2016 § 210.290; CC 1994 § 37.201]
DEPRIVE
[R.O. 2016 § 210.290; CC 1994 § 37.201]
1.
To withhold property from the owner
permanently; or
2.
To restore property only upon payment
of reward or other compensation; or
3.
To use or dispose of property in
a manner that makes recovery of the property by the owner unlikely.
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.
INTERNET SERVICE
An interactive computer service or system or an information
service, system, or access software provider that provides or enables
computer access by multiple users to a computer server, and includes,
but is not limited to, an information service, system, or access software
provider that provides access to a network system commonly known as
"the internet," or any comparable system or service and also includes,
but is not limited to, a World Wide Web page, newsgroup, message board,
mailing list, or chat area on any interactive computer service or
system or other online service.
MISLABELED
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.
[R.O. 2016 § 210.290; CC 1994 § 37.201]
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.
[R.O. 2016 § 210.290; CC 1994 § 37.201]
SERVICES
Includes transportation, telephone, electricity, gas, water,
or other public service, cable television service, video service,
voice over internet protocol service, or internet service, accommodation
in hotels, restaurants or elsewhere, admission to exhibitions and
use of vehicles.
[R.O. 2016 § 210.290; CC 1994 § 37.201]
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.
VOICE OVER INTERNET PROTOCOL SERVICE
A service that:
1.
Enables real-time, two-way voice communication;
2.
Requires a broadband connection from the user's location;
3.
Requires internet protocol-compatible customer premises equipment;
and
4.
Permits users generally to receive calls that originate on the
public switched telephone network and to terminate calls to the public
switched telephone network.
WRITING
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.
[R.O. 2016 § 210.290; CC 1994 § 37.201]
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.
[R.O. 2016 § 210.380; CC 1994 § 16.435]
A. The Mayor or any authorized agent or representative
of the City is empowered to close any street, alley, thoroughfare,
or public place within this City, or to withdraw the same from public
use, temporarily and during the period as public work thereon shall
make such action necessary. Whenever the Mayor or any authorized agent
or representative of the City shall order any such street, alley,
thoroughfare, or public place withdrawn from public use, a written
or printed notice in large and conspicuous letters shall be posed
thereupon at each entrance to each block, stating that the street,
alley, thoroughfare, or public place is closed and withdrawn from
public use.
B. Any person using or attempting to use or
driving, attempting to drive, any animal or vehicle upon or along
any street, alley, thoroughfare, or public place closed and withdrawn
from public use, or who shall without lawful authority, remove, destroy,
or mutilate any sign posted as provided in this Section, shall be
deemed guilty of an offense.
[R.O. 2016 § 210.390; CC 1994 § 37.150]
A. 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.
B. Penalty. The fine for said charge of possession
of burglar's tools shall be not more than five hundred dollars ($500.00)
or no more than three (3) months' confinement in the City Jail, and/or
both fine and confinement.