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5-6-14: THEFT BY DECEPTION:
It shall be unlawful for any person to commit theft by deception with intent to defraud when said person:
   A.   Obtains possession of any goods, property, service, or thing of value by any false proceedings or by cheating or by fraud of any kind.
   B.   With intent to obtain control over property or to pay for property, labor, or services of another he issues or delivers a check or other order upon a real or fictitious depository for the payment of money, knowing that it will not be paid by the depository. Failure to have sufficient funds or credit with the depository when the check or other order is issued or delivered is prima facie evidence that the offender knows that it will not be paid by the depository, and that he has the intent to defraud. (Ord. 2004-653, 3-2-2004)
5-6-15: RETAIL THEFT:
It shall be unlawful for any person to commit the offense of retail theft when that person knowingly:
   A.   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
   B.   Alters, transfers, or removes any label, price tag, marking, indication of value, or any other marking which 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
   C.   Transfers any merchandise displayed, held, stored, 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
   D.   Under rings with the intention of depriving the merchant of the full retail value of the merchandise; or
   E.   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.
   F.   If any person conceals upon their person or among their or her belongings, unpurchased merchandise displayed, held, stored, or offered for sale in a retail mercantile establishment; and removes that merchandise beyond the last known station for receiving payments for the merchandise in that retail mercantile establishment, then that person shall be presumed to have possessed, carried away, or transferred such merchandise with the intention of retaining it 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.
   G.   Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following reasons:
      1.   To request identification;
      2.   To verify such identification;
      3.   To make reasonable inquiry as to whether such person has in his possession unpurchased merchandised and to make reasonable investigation of the ownership of such merchandise;
      4.   To inform a police officer of the detention of the person and surrender that person to the custody of a police officer.
      5.   In the case of a minor, to inform a police officer, the parents, guardian, or other private person interested in the welfare of that minor of this detention and to surrender custody of such minor to such person.
      6.   A merchant may make a detention as permitted herein off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person.
      7.   Detention as permitted in this section does not constitute an arrest or an unlawful restraint, nor shall it render the merchant liable to the person so detained. (Ord. 2004-653, 3-2-2004)
5-6-16: DISORDERLY CONDUCT:
It shall be unlawful for any person to commit the offense of disorderly conduct. A person commits disorderly conduct when he knowingly:
   A.   Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; or
   B.   Transmits or causes to be transmitted in any manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of such transmission that there is no reasonable grounds for believing that such fire exists; or
   C.   Transmits or causes to be transmitted in any manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place that its explosion or release would endanger human life, knowing at the time of such transmission that there is no reasonable grounds for believing that such bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place; or
   D.   Transmits or causes to be transmitted in any manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of such transmission that there is no reasonable grounds for believing that such an offense will be committed, is being committed, or has been committed; or
   E.   Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or
   F.   While acting as a collection agency as defined in the "collection agency act" or as an employee of such collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor; or
   G.   Transmits or causes to be transmitted a false report to the department of children and family services under section 4 of the "abused and neglected child reporting act"; or
   H.   Transmits or causes to be transmitted a false report to the department of public health under the nursing home care act; or
   I.   Transmits or causes to be transmitted in any manner to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable grounds for believing that such assistance is required; or
   J.   Transmits or causes to be transmitted a false report under article II of "an act in relation to victims of violence and abuse", approved September 16, 1984, as amended; or
   K.   Transmits or causes to be transmitted a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting such a report is necessary for the safety and welfare of the public; or
   L.   Calls the number "911" for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable grounds for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency.
   M.   Urinates or defecates in plain view of the general public except in a restroom or other facility such as a portable toilet which is intended for such bodily activity.
   N.   Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it. (Ord. 2004-653, 3-2-2004)