(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