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THEFT
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEVICE. Instrument, apparatus, equipment or plans or instructions for making or assembling the same.
SERVICES. Labor; professional services; electric service, telecommunications service or other public service; accommodation in hotels, restaurants or elsewhere; admission to exhibitions; and use of vehicles or other movable property.
TELECOMMUNICATIONS SERVICE. Telephone service, cable television service or internet service.
(B) (1) It shall be unlawful for any person to obtain services valued at less than $500 by deception, threat, false token or other means to avoid payment for the service, which services that person knows
or should know are available only for compensation.
(2) When compensation for service is ordinarily paid immediately upon the rendering of the service, as in the case of hotels and restaurants, refusal to pay or absconding without payment or offer to pay shall give rise to the presumption regarding the intention to pay that the service was obtained by deception.
(C) It shall be unlawful for any person having control over the disposition of the services of others, to which services that person is not entitled, to divert the services to that person’s own benefit or to the benefit of another not entitled thereto.
(D) It shall be unlawful for any person, with the intent to use the device in the commission of an offense described in division (B) above, to knowingly make or possess any device designed to or commonly used to fraudulently obtain telecommunications service from a telephone, cable television or internet provider.
(E) It shall be unlawful for any person, with the intent to fraudulently obtain telecommunications service, to knowingly tamper, interfere or connect with any cables, wires, converters or other devices used for the distribution of telecommunications service by any mechanical, electrical, acoustical or other means without authority from the operator of the service.
(F) It shall be unlawful for any person to sell, give, transfer, offer or advertise for sale a device which the person knows or should know is intended to be used for the purpose of fraudulently obtaining telecommunications service.
(Prior Code, § 130.065) (Ord. 97-16, passed 8-4-1997) Penalty, see § 133.99
(A) It shall be unlawful for any person to knowingly or intentionally commit petit larceny.
(B) PETIT LARCENY, as it is used in this section, shall mean a larceny or theft of money, goods or chattels of any kind whatever of less value than $500.
(Prior Code, § 130.066) (Ord. 97-16, passed 8-4-1997) Penalty, see § 133.99
It shall be unlawful for any person to receive, retain or dispose of movable property belonging to another and having a value of less than $500 when that person knows or should know that the property has been stolen, unless the property is received, retained or disposed of with intention to restore it to the owner.
(Prior Code, § 130.067) (Ord. 97-16, passed 8-4-1997) Penalty, see § 133.99
It shall be unlawful for any person to exercise control over the property of another without taking reasonable measures to return the property to its owner when that person knows or should know that the property has been lost or mislaid or has been delivered under a mistake as to the identity of the recipient or the nature or value of the property.
(Prior Code, § 130.068) (Ord. 97-16, passed 8-4-1997) Penalty, see § 133.99
(A) (1) It shall be unlawful for any person to intentionally, fraudulently or by false pretenses take, destroy, convert, wrongfully withhold or appropriate real or personal property having a value of less than $500 which has been leased or rented to the person.
(2) If the finder of fact finds the following, then the finder of fact shall be permitted, but not required, to presume intent to commit theft:
(a) That the lessee (rentee) of real or personal property has failed to return or make arrangements acceptable to the lessor (renter) to return the property to the lessor (renter) within ten days after proper notice, either following the expiration of the lease (rental) contract or after default by the lessee (rentee) on the terms of the contract; or
(b) That the lessee (rentee) of real or personal property presented identification to the lessor (renter) which was materially false, fictitious or not current with respect to name, address, place of employment or other material items of identification.
(B) As used in division (A)(1) above, PROPER NOTICE shall consist of a written demand by the lessor (renter) made after the expiration of the lease (rental) period or after default by the lessee (rentee) on the terms of the contract which is mailed by certified or registered mail to the lessee (rentee) at:
(1) The address the lessee (rentee) gave when making the lease (rental) contract; or
(2) The lessee’s (rentee’s) last known address if later furnished in writing by the lessee (rentee) or the lessee’s agent.
(C) The reasonable and fair market value of the property obtained shall be used to determine the amount of the theft.
(D) The following factors, if established by the lessee (rentee) by a preponderance of the evidence, shall constitute an affirmative defense to prosecution for theft:
(1) That the lessee (rentee) accurately stated the lessee’s name, address and other material items of identification at the time of the lease (rental); or
(2) That the lessee (rentee) failed to receive the lessor’s (renter’s) notice personally, due in no significant part to the fault of the lessee (rentee).
(Prior Code, § 130.069) (Ord. 97-16, passed 8-4-1997) Penalty, see § 133.99
(A) It shall be unlawful for any person to obtain property of another by deception. The word DECEIVE does not include falsity as to matters having no pecuniary significance or to statements unlikely to deceive reasonably prudent persons in the group addressed.
(B) A person DECEIVES another if that person intentionally:
(1) Creates or reinforces a false impression, including false impressions as to law, value or intention or other state of mind; but deception as to a person’s intention to perform a promise shall not be inferred solely from the fact that the person did not subsequently perform the promise;
(2) Prevents another from acquiring information which would affect that person’s judgment in entering into, conducting or completing a transaction;
(3) Fails to correct a false impression which the person previously created or reinforced or which the person knows or should know is influencing another to whom the person stands in a fiduciary or confidential relationship; or
(4) Uses a credit card, charge plate or any other instrument which purports to evidence an undertaking to pay for property or services delivered to, rendered to or ordered by the bearer or actor as follows:
(a) Where its use by the bearer or actor is unauthorized; or
(b) Where the bearer or actor does not have the intention and/or ability to meet all obligations to the issuer arising out of the bearer or actor’s use of the instrument.
(Prior Code, § 130.070) (Ord. 97-16, passed 8-4-1997) Penalty, see § 133.99
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