A. Theft Defined:
1. A person commits theft when he knowingly:
a. Obtains or exerts unauthorized control over property of the owner; or
b. Obtains by deception control over property of the owner; or
c. Obtains by threat control over property of the owner; or
d. Obtains control over stolen property knowing the property to have been stolen or under such circumstances as to reasonably induce him to believe that the property was stolen, and
(1) Intends to deprive the owner permanently of the use or benefit of the property; or
(2) Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or
(3) Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit; or
(4) Obtains or exerts control over property in the custody of any law enforcement agency which is explicitly represented to him by any law enforcement officer or any individual acting in behalf of a law enforcement agency as being stolen.
2. Theft of property, under this section, shall be limited to property not exceeding three hundred dollars ($300.00) in value.
B. Theft Of Lost Or Mislaid Property: A person who obtains control over lost or mislaid property commits theft when he:
1. Knows or learns the identity of the owner or knows or is aware of, or learns of a reasonable method of identifying the owner, and
2. Fails to take reasonable measures to restore the property to the owner, and
3. Intends to deprive the owner permanently of the use or benefit of the property.
C. Theft Of Labor Or Services Or Use Of Property: A person commits theft when he obtains the temporary use of property, labor or services of another which are available only for hire, by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor or services. Theft under this subsection shall be limited to property, labor or services not exceeding five hundred dollars ($500.00) in value.
D. False Report Of Theft And Other Losses: A person who knowingly makes a false report of a theft, destruction, damage or conversion of any property to a law enforcement agency or other governmental agency with the intent to defraud an insurer is guilty under this subsection.
E. Theft From Coin Operated Machines:
1. A person commits theft from a coin operated machine when he knowingly and without authority and with intent to commit a theft from such machine, opens, breaks into, tampers with, or damages a coin operated machine.
2. As used in this section, the term "coin operated machine" shall include any automatic vending machine or any part thereof, parking meter, coin telephone, coin laundry machine, coin dry cleaning machine, amusement machine, music machine, vending machine dispensing goods or services, or money changer.
F. Coin Operated Machines; Possession Of Key Or Device: Whoever possesses a key, tool, instrument, explosive or device or a drawing, print or mold of a key, tool, instrument, explosive or device to open, break into, tamper with or damage a "coin operated machine" as defined in subsection E2 of this section, with intent to commit a theft from such machine, is guilty under this subsection.
G. Retail Theft: A person commits the offense of retail theft when he or she knowingly:
1. Takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise; or
2. Alters, transfers, or removes any label, price tag, marking, indicia of value or any other markings with aid in determining value affixed to any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; or
3. Transfers any merchandise displayed, held or offered for sale, in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of such merchandise; or
4. Under rings with the intention of depriving the merchant of the full retail value of the merchandise; or
5. Removes a shopping cart from the premises of a retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of depriving the merchant permanently of the possession, use or benefit of such cart; or
6. Represents to a merchant that he or another is the lawful owner of property, knowing that such representation is false, and conveys or attempts to convey that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant; or
7. Uses or possesses any theft detection shielding device or theft detection device remover with the intention of using such device to deprive the merchant permanently of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise. (Ord. 860, 4-12-1995)