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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
(A) A person commits the crime of theft by shoplifting when that person, with the intent of appropriating merchandise to that person’s own use without paying for the same or to deprive the owner of possession of the property or its retail value, in whole or in part, does any of the following:
(1) Conceals or takes possession of the goods or merchandise of any store or retail establishment;
(2) Alters the price tag or other price marking on goods or merchandise of any store or retail establishment;
(3) Transfers the goods or merchandise of any store or retail establishment from one container to another;
(4) Interchanges the label or price tag from one item of merchandise with a label or price tag from another item of merchandise; or
(5) Causes the cash register or other sales recording device to reflect less than the retail price of the merchandise.
(B) In any prosecution for theft by shoplifting, in order to allow the owner or owners of shoplifted property the use of the property pending criminal prosecutions, photographs of the shoplifted property may be accepted as prima facie evidence as to the identity of the property. The photograph shall be accompanied by a written statement containing the following:
(1) A description of the property;
(2) The name of the owner or owners of the property;
(3) The time, date and location where the shoplifting occurred;
(4) The time and date the photograph was taken;
(5) The name of the photographer; and
(6) Verification by the arresting officer.
(C) Prior to allowing the use of shoplifted property as provided in this section, legal counsel for the alleged shoplifter shall have a reasonable opportunity to inspect and appraise the property and may file a motion for retention of the property, which motion shall be granted if there is any reasonable basis for believing that the photographs and accompanying affidavit may be misleading.
(Prior Code, § 130.071) (Ord. 97-16, passed 8-4-1997) Penalty, see § 133.99
Statutory reference:
Related provisions, see Neb. Rev. Stat. § 28-511.01
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 130.99 of this code of ordinances.
(B) (1) Penalties for not complying with any part of § 133.04 of this code for temporary structures and tents are as follows:
(a) Warning for first offense;
(b) Eight hours closed (8:00 a.m. to 4:00 p.m.) with no sales for second offense; and
(c) Permit will be revoked for the remainder of the current selling season and there will be no exceptions for third offense.
(2) If the violation occurs the last day of sales, then it will be carried over to the next season.
(Prior Code, § 130.053) (Ord. 99-15, passed 4-19-1999; Ord. 02-59, passed 11-4-2002; Ord. 06-09, passed 2-21-2006; Ord. 11-08, passed 3-21-2011; Ord. 17-04, passed 3-6-2017; Ord. 18-28, passed 9-4-2018)