A. Petty Theft: A person commits theft when he knowingly:
1. Obtains or exerts unauthorized control over property of the owner; or
2. Obtains by deception control over property of the owner; or
3. Obtains by threat control over property of the owner; or
4. Obtains control over stolen property knowing the property to have been stolen by another, and: a) intends to deprive the owner permanently of the use or benefit of the property; or b) knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or c) uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.
No person shall commit theft of property not from the person and not exceeding one hundred fifty dollars ($150.00) in value.
B. Theft Of Lost Or Mislaid Property: A person who obtains control over lost or mislaid property commits theft when he knows or learns the identity of the owner or knows or is aware of, or learns of a reasonable method of identifying the owner, fails to take reasonable measures to restore the property to the owner, intends to deprive the owner permanently of the use or benefit of the property or assumes control over mislaid property knowing that it does not rightfully belong to the finder.
1. No person shall commit theft of lost or mislaid 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.
1. No person shall commit theft of labor or services or use of property.
D. Offender's Interest In The Property: It is no defense to a charge of theft of property that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled.
1. Where the property involved is that of the offender's spouse, no prosecution for theft may be maintained unless the parties were not living together as man and wife and were living in separate abodes at the time of the alleged theft. (Ord. 2012-08-31, 8-2-2012)