(A) Policy. Whereas Council has declared to be the policy of citizens of the city to protect vendors of fuel from those who would pump the same into containers or into their vehicles and drive away without paying for the same, this section is enacted.
(B) Definitions. For the purpose of this section, the following definition shall apply.
FUEL. Gasoline, kerosene, diesel fuel, or propane.
(C) Prohibited acts; punishment; reimbursement.
(1) Any person who knowingly and willfully drives a motor vehicle off the premises of an establishment where gasoline, kerosene, diesel fuel, or propane offered for retail sale was dispensed into the fuel tank of the motor vehicle or into another container with the intent to avoid payment for the fuel that was so dispensed shall be deemed to be guilty of the larceny thereof.
(2) Whenever a second or subsequent offense is had under the provisions of this section, the clerk of the court shall transmit a certified abstract of the judgment to the Division of Motor Vehicles within 72 hours of the conviction for administrative proceedings under W.V. Code § 61-3-55.
(3) Any person violating this section shall pay a fine of not more than $500 or may be incarcerated for not more than 30 days or shall be sentenced to both such fine and imprisonment. In addition, any person convicted of this offense shall be required to make restitution to the owner thereof for fuel stolen from his, her or its premises.
(Ord. 1438, passed 2-7-05)