9.6.402: CONCEALMENT OF GOODS:

If any person wilfully conceals unpurchased goods, wares, merchandise, or any other thing of value owned or held by and offered or intended to be offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on their own person or otherwise and whether such shall take place on or off the premises of the store or mercantile establishment, the concealment shall constitute prima facie evidence that the person intended to commit the offense of shoplifting. (Ord. 82-162; Ord. 83-94; Ord. 01-42)

9.6.403: QUESTIONING OF PERSON SUSPECTED OF SHOPLIFTING WITHOUT LIABILITY:

If any person conceals or otherwise carries away any unpurchased goods, wares, merchandise or other thing of value owned or held by and offered or intended to be offered or displayed for sale by any store or other mercantile establishment, the merchant or merchant's employee or any peace or police officer, acting in good faith and upon probable cause based upon reasonable grounds may detain and question the person in a reasonable manner for the purpose of ascertaining whether the person is guilty of shoplifting. Questioning of a person by a merchant, merchant's employee, or peace or police officer does not render the merchant, merchant's employee, or peace or police officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention. (Ord. 82-162; Ord. 83-94; Ord. 01-42)

9.6.404: THEFT:

It is unlawful for any person, without authorization, to knowingly obtain or exercise control over anything having a value of less than two thousand dollars ($2,000.00), which is owned or lawfully possessed by another, and the person:

   A.   Intends to deprive the owner or lawful possessor permanently of the use or benefit of the thing of value; or

   B.   Knowingly uses, conceals, or abandons the thing of value in a manner as to deprive the owner or lawful possessor permanently of its use or benefit; or

   C.   Uses, conceals, or abandons the thing of value in a manner as to deprive the owner or lawful possessor permanently of its use or benefit; or

   D.   Demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the other person; or

   E.   Knowingly retains the thing of value more than seventy two (72) hours after the agreed upon time of return in any lease or hiring agreement. (Ord. 90-25; Ord. 92-86; Ord. 98-65; Ord. 01-42; Ord. 07-141; Ord. 14-69)

PART 5 JUNK, INOPERABLE, UNLICENSED AND RECREATIONAL VEHICLES

SECTION:

9.6.501: Enforcement

9.6.502: Definitions

9.6.503: Improper Accumulation Or Storage Of Junk Prohibited

9.6.504: Parking And Storage Standards For Unlicensed, Inoperable And Recreational Vehicles

9.6.505: Right Of Entry

9.6.506: Abatement; Commencement Of Proceedings

9.6.507: Agreement To Abate

9.6.508: Notice And Order

9.6.509: Appeal Of Notice And Order

9.6.510: Failure To Comply With Notice And Order Or Agreement To Abate; Repeat Offenders

9.6.511: Lien Assessment

9.6.512: Emergency Abatement Orders

9.6.513: Additional Remedies

9.6.514: Procedures And Guidelines

9.6.501: ENFORCEMENT:

The Code Enforcement Administrator and the Zoning Administrator and their designees are authorized to perform and enforce all provisions of this part. (Ord. 90-119; Ord. 01-42)

9.6.502: DEFINITIONS:

INOPERABLE VEHICLE: Any motor vehicle or other self-propelled vehicle which is incapable of moving under its own power and which the owner or possessor cannot establish as being capable of travel under its own power, in its existing condition, in a safe and lawful manner upon public streets and highways.

JUNK: Any manufactured goods, appliance, fixture, furniture, machinery, vehicle, personal property or any other thing or part, whether of value or valueless, or demolished, discarded, dismantled, partially dismantled, dilapidated, or so worn, deteriorated or in a condition that it would not be normally usable in its current state for its original manufactured use. This shall include, by way of illustration only and without limitation, wood, used lumber, paper, glass, bottles, rags, rubber, scrap metal, tin cans, scrap material, waste, concrete, rubble, boxes, crates, building materials, or machinery or automobile parts.

RECREATIONAL VEHICLE: A vehicle used for transient living quarters which can be towed, hauled or driven and is designed for recreational, camping or travel use and including, but not limited to, travel trailers, camper trailers, motor homes, pickup campers, watercraft or snowmobiles.

UNLICENSED VEHICLE: A vehicle which has a license plate that has been expired for over thirty (30) days, or no license plate is visible.

VEHICLE: Any device which is capable of self-propulsion or being otherwise moved from place to place upon wheels or endless tracks, excepting a device moved exclusively upon stationary rails, a device designed to move primarily through the air or a device designed to move primarily through human muscular power. (Ord. 90-119; Ord. 01-42; Ord. 03-123)

9.6.503: IMPROPER ACCUMULATION OR STORAGE OF JUNK PROHIBITED:

It is unlawful to accumulate or store upon any premises, including in a public right of way, within the City any junk. This section shall not apply to the following:

   A.   Junk which is located entirely within an enclosed building, unless otherwise prohibited by law.

   B.   Junk which is kept in the M-1 or M-2 zone in conformance with the applicable restrictions of those zones. (Ord. 90-119; Ord. 01-42)