It shall be unlawful for any person to commit theft.
A. 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 the property of the owner; or
4. Obtains control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce him to believe that the property was stolen, 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; or
5. 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.
B. 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. 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.
As used hereinabove, 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, money changer.
D. It shall be prima facie evidence that a person "knowingly obtains or exerts unauthorized control over property of the owner" when a lessee of the personal property of another fails to return it to the owner within thirty (30) days after written demand from the owner for its return. A notice in writing, given after the expiration of the leasing agreement, addressed and mailed, by registered mail, to the lessee at the address given by him and shown on the leasing agreement shall constitute proper demand.
E. 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. (Ord. 92-24, 5-14-92)