[Ord. No. 18-04, 12-27-2018]
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/she is not licensed or privileged to do so. A person who, regardless of his/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/she defies a lawful order not to enter or remain, personally communicated to him/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. 18-04, 12-27-2018]
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. 
Unlawfully rides in or upon another's automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle; or
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:
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)(4), 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)(4), 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.
[Ord. No. 18-04, 12-27-2018]
A. 
A person commits the offense of property damage if he/she:
1. 
Knowingly damages property of another; or
2. 
Damages property for the purpose of defrauding an insurer.
[Ord. No. 18-04, 12-27-2018]
A. 
A person does not commit an offense by damaging, tampering with, operating, riding in or upon or making connection with property of another if he/she does so under a claim of right and has reasonable grounds to believe he/she has such a right.
B. 
The defendant shall have the burden of injecting the issue of claim of right.
C. 
No person who, as a tenant, willfully or wantonly destroys, defaces, damages, impairs or removes any part of a leased structure or dwelling unit, or the facilities, equipment or appurtenances thereof, may inject the issue of claim of right.
[Ord. No. 18-04, 12-27-2018]
A. 
A person commits the offense of trespass in the first degree 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:
1. 
Actual communication to the actor; or
2. 
Posting in a manner reasonably likely to come to the attention of intruders.
[Ord. No. 18-04, 12-27-2018]
A. 
A person commits trespass in the second degree if he/she enters unlawfully upon real property of another. This is an offense of absolute liability.
B. 
Trespass in the second degree is an infraction.
[Ord. No. 18-04, 12-27-2018]
A. 
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.
B. 
For the purposes of this Section, the terms "unlawfully enters" and "unlawfully operates" refer to any entry or operation of a school bus which is not:
1. 
Approved of and established in a school district's written policy on access to school buses; or
2. 
Authorized by specific written approval of the school board.
C. 
In order to preserve the public order, any district which adopts the policies described in Subsection (B) of this Section shall establish and enforce a student behavior policy for students on school buses.
[Ord. No. 18-04, 12-27-2018]
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. 18-04, 12-27-2018]
A. 
A person commits the offense of negligent burning or exploding if he/she with criminal negligence causes damage to property or to the woodlands, cropland, grassland, prairie, or marsh of another by:
1. 
Starting a fire or causing an explosion; or
2. 
Allowing a fire burning on lands in his/her possession or control onto the property of another.
[Ord. No. 18-04, 12-27-2018]
A. 
A person commits the offense of stealing if he/she:
1. 
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;
2. 
Attempts to appropriate anhydrous ammonia or liquid nitrogen of another with the purpose to deprive him/her thereof, either without his/her consent or by means of deceit or coercion; or
3. 
For the purpose of depriving the owner of a lawful interest therein, receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen.
[Ord. No. 18-04, 12-27-2018]
A. 
No person shall drive a motor vehicle so as to cause it to leave the premises of an establishment at which motor fuel offered for retail sale was dispensed into the fuel tank of such motor vehicle unless payment or authorized charge for motor fuel dispensed has been made.
B. 
A person found guilty or pleading guilty to stealing pursuant to Section 205.1110 for the theft of motor fuel as described in Subsection (A) shall have his/her driver's license suspended by the court beginning on the date of the court's order of conviction. The person shall submit all of his/her operator's and chauffeur's licenses to the court upon conviction and the court shall forward all such driver's licenses and the order of suspension of driving privileges to the Department of Revenue for administration of such order.
[Ord. No. 18-04, 12-27-2018]
A. 
Definitions. As used in this Section, the following definitions shall apply:
MERCANTILE ESTABLISHMENT
Any mercantile place of business in, at or from which goods, wares and merchandise are sold, offered for sale or delivered from and sold at retail or wholesale.
MERCHANDISE
All goods, wares and merchandise offered for sale or displayed by a merchant.
MERCHANT
Any corporation, partnership, association or person who is engaged in the business of selling goods, wares and merchandise in a mercantile establishment.
WRONGFUL TAKING
Includes stealing of merchandise or money and any other wrongful appropriation of merchandise or money.
B. 
Any merchant, his/her agent or employee, who has reasonable grounds or probable cause to believe that a person has committed or is committing a wrongful taking of merchandise or money from a mercantile establishment, may detain such person in a reasonable manner and for a reasonable length of time for the purpose of investigating whether there has been a wrongful taking of such merchandise or money. Any such reasonable detention shall not constitute an unlawful arrest or detention, nor shall it render the merchant, his/her agent or employee criminally or civilly liable to the person so detained.
C. 
Any person willfully concealing unpurchased merchandise of any mercantile establishment, either on the premises or outside the premises of such establishment, shall be presumed to have so concealed such merchandise with the intention of committing a wrongful taking of such merchandise within the meaning of Subsection (A), and the finding of such unpurchased merchandise concealed upon the person or among the belongings of such person shall be evidence of reasonable grounds and probable cause for the detention in a reasonable manner and for a reasonable length of time of such person by a merchant, his/her agent or employee in order that recovery of such merchandise may be effected, and any such reasonable detention shall not be deemed to be unlawful nor render such merchant, his/her agent or employee criminally or civilly liable.