A. Definitions: In this Section, the following words shall mean:
ARTICLE: Any object, material, device or substance, including any writing, record, recording, drawing, sample specimen, prototype, model, photograph, microorganism, blueprint or map, or any copy of any of the foregoing.
COPY: Any facsimile, replica, photograph or other reproduction of an article, and any note, drawing or sketch made of or from an article while in the presence of such article.
MOVABLE PROPERTY: Property whose physical location can be changed, including without limitation things growing on, affixed to or found in land.
PROPERTY: All forms of tangible property, whether real or personal, without limitation including documents of value, electricity, gas, water, corpses, domestic animals, dogs, pets, fowl and heat supplied by pipe or conduit by municipalities or public utility companies and articles, as defined herein, representing trade secrets, which articles shall be deemed to include any trade secret or property represented by such article.
PROPERTY OF ANOTHER: Includes property in which the actor is co-owner or has a lien, pledge, bailment or lease or other subordinate interest, and property of a partnership of which the actor is a member. It does not include property in which the actor asserts in good faith a claim as a collection fee or commission out of property or funds recovered, or by virtue of a lien, set-off or counterclaim.
REPRESENTING: Describing, depicting, containing, constituting, reflecting or recording.
TRADE SECRET: The whole or any portion of any formula, pattern, device or compilation of any scientific or technical information which is secret, is of value and has not been published or otherwise become a matter of general public knowledge; and an article representing a trade secret shall be presumed to be secret and not to have been publish ed or otherwise become a matter of general public knowledge when the owner marks it as a trade secret and takes measures to preserve its secrecy and to pre vent it from becoming available to persons other than those selected by the owner to have controlled access thereto for purposes of the owner's business.
VALUE: The market value at the time of the theft, or if the market value cannot be ascertained, the cost of replacement of the property within a reasonable time after the theft, or in the case of a theft or the making of a copy of an article representing a trade secret, where the market value or replacement cost cannot be ascertained, any reasonable value representing the damage to the owner which has been suffered by reason of losing an advantage over those who do not know of or use the trade secret. For a theft committed within the meaning of subsection B5a and b hereof, if the property has been restored to the owner, "value" means the value of the use of the property or the damage which it sustained, whichever is greater, while the owner was deprived of its possession, but not exceeding the value otherwise provided herein.
B. Acts Constituting Theft: Any person who commits any of the following commits theft and may be sentenced as provided in subsection C hereof:
1. Intentionally and without claim or right takes, uses, transfers, conceals or retains possession of movable property of another without consent and with intent to deprive the owner permanently of possession of the property;
2. Having a legal interest in movable property, intentionally and without con sent, takes such property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of the property;
3. Intentionally removing the price tag from an item of lesser value and placing the price tag upon an item of greater value;
4. By swindling, whether by artifice, trick, device or any other means, obtains property from another person;
5. Intentionally commits any of the acts listed in this subsection but with in tent to exercise temporary control only and:
a. The control exercised manifests an indifference to the rights of the owners or the restoration of the property to them; or
b. The person pledges or otherwise attempts to subject the property to an adverse claim; or
c. The person intends to restore the property only on condition that the owner pay a reward or buy back or make other compensation;
6. Finds lost property and, knowing or having reasonable means of ascertaining the true owner, appropriates it to the person's own use or to that of another not entitled thereto without first having made reasonable effort to find the owners and offer and surrender the property to them;
7. Intentionally obtains property or services, offered upon the deposit of a sum of money or tokens in a coin or token operated machine or other receptacle, without making the required deposit or otherwise obtaining the consent of the owner;
8. Intentionally and without claim of right converts any article representing a trade secret, knowing it to be such, to the person's own use or that of another person or makes a copy of an article representing a trade secret, knowing it to be such, and intentionally and without claim of right converts the same to the person's own use or that of another person. It shall be a complete defense to any prosecution under this clause for the defendants to show that information comprising the trade secret was rightfully known or available to them from a source other than the owner of the trade secret. (Ord. 444, 2-2-70)
C. Penalty: Whoever does any of the acts stated in subsection B hereof, shall, upon conviction, be penalized in accordance with the provisions of Section 1-4-2 of this Code. (Ord. 486, 3-6-72)