No person shall:
(A) Commit the offense of larceny, by stealing, trick or conversion, of the property of another, any money, goods or chattels, or any bank note, bank bill, bond, promissory note, due bill, bill of exchange or other bill, draft, order or certificate, or any book of accounts for or concerning money or goods due or to become due, or to be delivered, or any deed or writing counting the conveyance of land or any other valuable contract in force, or any receipt, release or defeasance, or any writ, process or public record;
(B) Obtain or attempt to obtain money, goods, property or services by fraud, trick or false pretenses;
(C) Knowingly obtain or attempt to obtain telephone service or the transmission of a telephone message by the use of any false or fictitious telephone credit number or telephone number of another without the authority of the person to whom such credit number or telephone number was issued;
(D) Buy, receive, possess, conceal or aid in the concealment of stolen, embezzled or converted money, goods or property, knowing the money, goods or property to be stolen, embezzled or converted;
(E) Refuse or willfully neglect to return a motor vehicle, trailer or other tangible property, which he or she has on a rental or lease basis under any agreement in writing providing for its return to a particular place at a particular time;
(F) As the agent, servant or employee of another, or as the trustee, bailee or custodian of the property of another, or of any partnership, voluntary association, public or private corporation, or of this state, or of any county, city, village, township or school district within this state, fraudulently dispose of or convert to his or her own use, or take or secrete with intent to convert to his or her own use without the consent of his or her principal, any money or other personal property, of his or her principal which shall have come to his or her possession or shall be under his or her charge or control by virtue of his or her being such agent, servant, employee, trustee, bailee or custodian;
(G) By use of a computer, telephone or other electronic or mechanical device, obtain or gain access to any data base, confidential records or other information not his or her own without permission of the owner or keeper of such information;
(H) Telephone in a false order to any food delivery service or a false request to any service business and request that food be delivered to a location or that services be rendered at a particular location;
(I) Knowingly and willfully defraud any taxicab, boarding house, hotel, motel, inn, restaurant, gas station, service station or café by procuring any transportation service, food, drink, entertainment, room, accommodation, gas, oil or repairs with the intent not to pay for the same. This division (I) shall not be interpreted to conflict with the right of any person to dispute the amount, type or quality of goods or services for so long as the person gives notice of the dispute, provides identification of his or her name and address and the notice of the dispute is given before leaving the scene;
(J) Knowingly possess any tool, implement or device which has been designed or adapted for breaking open any building or motor vehicle, or for starting the engine of a motor vehicle without the regular key or for removing sensor tags from property for sale at retail, with the intent to use or employ the same for the purpose of willfully removing property not his or her own;
(K) Engage in retail fraud;
(L) With 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, 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, of the amount payable in such check, draft or order in any amount;
(M) With 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 payment for same when presentment is due to the drawee in any amount, except where the lack of funds is due to garnishment, attachment, levy or other lawful cause, and such fact was not known to the person who made, drew, uttered or delivered the instrument at the time of so doing; or
(N) With respect to divisions (L) and (M) above:
(1) 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 a 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 cost and protest fees, within five business days after receiving notice that such check, draft or order has not been paid by the drawee; and
(2) 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 of presentation, nonpayment and protest, and shall be prima facie evidence of intent to defraud and knowledge of insufficient funds or credit with such bank or other depository.
(Ord. effective 11-18-2016)