It shall be unlawful for any person, with intent to defraud, to make, draw, alter, or deliver any check, draft or order for the payment of money, to apply on account or otherwise, upon any bank or other depository, knowing at the time of the making, drawing, uttering, or delivering, that the maker or drawer does not have sufficient funds in or credit with the bank or other depository, for the payment of the check, draft, or order, in full, upon its presentation, or for any person, with the intent to defraud, make, draw, utter, or deliver any check, draft, or order for the payment of money to apply on account or otherwise, upon any bank or other depository, unless the person has sufficient funds for the payment of the check, draft, or order when presentation for payment is made to the drawee, except if the lack of funds is due to garnishment, attachment, levy, or other lawful cause, and the fact was not known to the person who made, drew, uttered, or delivered the check, draft, or order at the time of the making, drawing, uttering, or delivering if the amount payable in the check, draft, or order is $50 or less.
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, when presented in the usual course of business shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depository, provided such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with all costs and protest fee, within five days after receiving notice that such check, draft or order has not been paid by the drawee.
Where such check, draft or order is protested, on the ground of insufficiency of funds or credit, the notice of protest thereof shall be admissible as proof or presentation, nonpayment and protest and shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds or credit with such bank or other depository.
The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank or depository, for the payment of such check, draft, or order, in full, upon the presentation thereof for payment.
Any person to whom any money, goods or other property, which may be the subject of larceny, shall have been delivered, who shall embezzle or fraudulently convert to his or her own use, or shall secrete with the intent to embezzle, or fraudulently use such goods, money or other property, or any part thereof, shall be deemed by so doing to have committed the crime of larceny and shall be guilty of a misdemeanor.
Any person who shall procure, or take in any way from any public library or the library of any literary, scientific, historical or library society or association, whether incorporated or unincorporated, any book, pamphlet, map, chart, painting, picture, photograph, periodical, newspaper, magazine, manuscript or exhibit or any part thereof, with intent to convert the same to his or her own use, or with intent to defraud the owner thereof, or who having procured or taken any such book, pamphlet, map, chart, painting, picture, photograph, periodical, newspaper, magazine, manuscript or exhibit or any part thereof, shall thereafter convert the same to his or her own use or fraudulently deprive the owner thereof, shall be guilty of a misdemeanor.
A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both imprisonment and a fine:
A. While a store is open to the public, alters, transfers, removes and replaces, conceals or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale if the resulting difference in price is less than $200.
B. While a store is open to the public, steals property of the store that is offered for sale at a price of less than $200.
C. With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store, if the amount of money, or the value of the property, obtained or attempted to be obtained is less than $200.
A person commits the offense of tampering if, having no right to do so and no reasonable ground to believe that he or she has such right, he or she tampers or meddles with public property or private property belonging to another person even though no damage results.
A person commits the offense of theft of services if he or she intentionally obtains services known by him or her to be available only for compensation by deception, threat, false token or other means to avoid payment for the services.
[Amended 6-10-2019 by Ord. No. 2019-08]
A. Trespass. A person commits the offense of trespass if he or she enters or remains in or upon premises when he or she is not licensed, invited or otherwise privileged to do so. A person who 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 the premises or some 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. A person who enters or remains upon unimproved and apparently unused land which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders does so with license and privilege unless notice against trespass is personally communicated to him or her by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.
B. Illegal entry.
(1) A person commits the offense of illegal entry if he or she breaks and enters, or enters without breaking, any dwelling, house, hotel, office, store, shop, warehouse, factory or other building or structure used or kept for public or private use, or any private apartment therein, or any garage or outbuildings belonging thereto, or any other structure, whether occupied or unoccupied, without first obtaining permission to enter from the owner, occupant, agent, or person having immediate control thereof.
(2) Subsection
B(1) does not apply to entering without breaking any place which at the time of the entry was open to the public, unless the entry was expressly denied. Subsection
B(1) does not apply if the breaking and entering or breaking without entering was committed by a peace officer, or an individual under the peace officer's direction, in the lawful performance of his or her duties as a peace officer.