Chapter 9.30
OFFENSES AGAINST PROPERTY
Sections:
Article I. Offenses Involving Public Property Generally
9.30.020 Removal of barricades.
9.30.030 Criminal damage to property.
9.30.050 Scattering trash and rubbish.
9.30.060 Receiving stolen property.
9.30.080 Falsely obtaining services or accommodations.
9.30.090 Wrongful use of public property.
Article II. Offenses Involving the Village Water Reservoir
9.30.130 Ice skating or tobogganing.
Article I. Offenses Involving Public Property Generally
9.30.010 Trespass.
It is unlawful to enter or remain, with malicious intent, on the property of another knowing that consent to enter or remain has been denied or withdrawn by the owner or occupant thereof.
Whoever commits trespassing is guilty of a misdemeanor. [Ord. 241 § 2-1-5, 2007].
9.30.020 Removal of barricades.
It is unlawful to remove, destroy or interfere with any barrier, guard or light placed before or in any dangerous place near the streets, sidewalks or other public ways of the Village for the purpose of warning or protecting travelers from injury or danger; provided, that removal after the danger has ceased and temporary removal to allow the passage of a vehicle with immediate subsequent replacement shall not be considered unlawful.
Whoever commits removal of barricades is guilty of a petty misdemeanor. [Ord. 241 § 2-1-15, 2007].
9.30.030 Criminal damage to property.
Criminal damage to property consists of intentionally damaging any real or personal property of another without the consent of the owner of the property.
Whoever commits criminal damage to property is guilty of a petty misdemeanor. When the damage to the property amounts to more than $1,000 it shall be referred to a court of higher jurisdiction. [Ord. 241 § 3-1-1, 2007].
9.30.040 Library property.
It is unlawful for any person to carry away without authority, misuse, cut, write upon, injure, deface, tear or destroy any book, periodical, map, newspaper or any other property devoted to public library use.
Whoever is found guilty under this section is guilty of a petty misdemeanor. [Ord. 241 § 3-1-2, 2007].
9.30.050 Scattering trash and rubbish.
It is unlawful for any person to throw or permit to be deposited or scattered upon any sidewalk, alley, street or public property or upon the private property of another any rubbish, waste, trash or other disposed material of any kind.
Whoever is found guilty of this section is guilty of a petty misdemeanor. [Ord. 241 § 3-1-3, 2007; Ord. 19 §§ 1 – 3, 1912].
9.30.060 Receiving stolen property.
A. “Receiving stolen property” means intentionally to receive, retain or dispose of stolen property knowing that it has been stolen or believing it has been stolen, unless the property is received, retained or disposed of with intent to restore it to the owner.
B. The requisite knowledge or belief that property has been stolen is presumed in the case of a dealer who:
1. Is found in possession or control of property stolen from two or more persons on separate occasions;
2. Acquires stolen property for a consideration which the dealer knows is far below the property’s reasonable value. A dealer shall be presumed to know the fair market value of the property in which he/she deals; or
3. Is found in possession or control of five or more items of property stolen within one year prior to the time of the incident charged pursuant to this section.
C. For the purposes of this section:
1. “Dealer” means a person in the business of buying or selling goods or commercial merchandise; and
2. “Stolen property” means any property acquired by theft, larceny, fraud, embezzlement, robbery or armed robbery.
D. Whoever commits receiving stolen property when the value of the property is $250.00 or less is guilty of a petty misdemeanor.
E. Whoever commits receiving stolen property when the value of the property is over $250.00 shall be referred to a court of higher jurisdiction. [Amended during 2014 codification; Ord. 241 § 3-1-8, 2007].
9.30.070 Shoplifting.
A. Shoplifting consists of any one or more of the following acts:
1. Willfully taking possession of any merchandise with the intention of converting it without paying for it;
2. Willfully concealing any merchandise with the intention of converting it without paying for it;
3. Willfully altering any label, price tag or marking upon any merchandise with the intention of depriving the merchant of all of some part of the value of it; or
4. Willfully transferring any merchandise from the container in or on which it is displayed to any other container with the intention of depriving the merchant of all or some part of the value of it.
B. Whoever commits shoplifting when the value of the merchandise shoplifted:
1. Is $250.00 or less is guilty of a petty misdemeanor;
2. Is more than $250.00 shall be referred to a court of higher jurisdiction. [Ord. 241 § 3-1-9, 2007].
9.30.080 Falsely obtaining services or accommodations.
A. Falsely obtaining services or accommodations consists of any person obtaining service, food, entertainment or accommodations without paying with the intent to cheat or defraud the owner or person supplying such service, food, entertainment or accommodations.
B. Any law enforcement officer may arrest without warrant any person he/she has probable cause for believing has committed the crime of falsely obtaining services or accommodations as defined in this section. Any merchant, owner or proprietor who causes such an arrest shall not be criminally or civilly liable if he/she has actual knowledge that the person so arrested has committed the crime of falsely obtaining services or accommodations.
C. Whoever commits falsely obtaining services or accommodations when the value of the service, food, entertainment or accommodations furnished is:
1. Less than $250.00 is guilty of a petty misdemeanor;
2. More than $250.00 shall be referred to a court of higher jurisdiction. [Amended during 2014 codification; Ord. 241 § 3-1-10, 2007].
9.30.090 Wrongful use of public property.
A. Wrongful use of public property consists of:
1. Knowingly entering any public property without permission of the lawful custodian or his/her representative when the public property is not open to the public;
2. Remaining in or occupying any public property after having been requested to leave by the lawful custodian, or his/her representative, who has determined that the public property is being used or occupied contrary to its intended or customary use or that the public property may be damaged or destroyed by the use; or
3. Depriving the general public of the intended or customary use of public property without a permit.
B. Permits to occupy or use public property may be obtained from the lawful custodian or his/her representative upon written application which:
1. Describes the public property to be occupied or used; and
2. States the period of time during which the public property will be occupied or used. The applicant shall pay in advance a reasonable fee or charge for the use of the public property. The fee or charge shall be prescribed by the lawful custodian or his/her representative.
C. The lawful custodian or his/her representative may issue the permit if he/she believes that the use or occupation of the public property will not unreasonably interfere with the intended or customary use of the public property by the general public and that the use will not damage or destroy the public property.
D. Any person occupying or using public property under the authority of a permit shall submit to a search for firearms or other weapons and surrender any firearms or other weapons to any peace officer who has jurisdiction, upon request.
E. As used in this section, “public property” means any public building, facility, structure or enclosure used for a public purpose or as a place of public gathering, owned or under the control of the state or one of its political subdivisions or a religious, charitable, educational or recreational association.
F. Any person who commits wrongful use of public property is guilty of a petty misdemeanor.
G. Any person who commits wrongful use of public property after having been requested to leave by the lawful custodian or his/her representative or any peace officer who has jurisdiction is guilty of a misdemeanor. [Amended during 2014 codification; Ord. 241 § 3-1-11, 2007].
9.30.100 Removal of earth.
It is unlawful for any unauthorized person to move, distribute or take away any earth, stone or other material from any public street, way, alley, park or public ground. Whoever is found guilty of this section is guilty of a petty misdemeanor. [Ord. 241 § 3-1-12, 2007].
Article II. Offenses Involving the Village Water Reservoir
9.30.110 Fishing.
Fishing in the Village water reservoir or lake, either from the shores or dam of said lake or from a boat, raft or other floating object, is hereby prohibited, except by written permit issued by authority of the village council and countersigned by the mayor and clerk-administrator of said Village; said reservoir or lake is situated upon the lands of the Philmont Scout Ranch and impounds the waters of the Cimarroncita Stream. [Amended during 2014 codification; Ord. 63 § 1, 1951].
9.30.120 Swimming.
Swimming or bathing is hereby prohibited in the Village of Cimarron water reservoir or lake situated on the Philmont Scout Ranch and impounding the waters of the Cimarroncita Stream. [Ord. 63 § 2, 1951].
9.30.130 Ice skating or tobogganing.
Ice skating or tobogganing is hereby prohibited on the Village of Cimarron water reservoir or lake which is situated on the Philmont Scout Ranch and impounds the waters of the Cimarroncita Stream. [Ord. 63 § 3, 1951].
9.30.140 Boating.
Boating or the use of boats, rafts or other floating objects on the waters of the Village of Cimarron reservoir or lake is hereby prohibited; said reservoir or lake is situated on the Philmont Scout Ranch and impounds the waters of the Cimarroncita Stream. [Ord. 63 § 4, 1951].
9.30.150 Trespassing.
Trespassing in any form and for any purpose whatsoever is hereby prohibited on the shores, dam, or upon or within the waters of the Village of Cimarron water reservoir or lake situated on the Philmont Scout Ranch and which impounds the waters of the Cimarroncita Stream. [Ord. 63 § 5, 1951].
9.30.160 Violation – Penalty.
Any person, persons, firm or corporation violating any section of this article shall upon conviction be fined not less than $5.00 nor more than $50.00, or sentenced to jail for not more than 30 days, or both such fine and imprisonment in the discretion of the court; each violation shall be a separate offense.
The village clerk-administrator shall immediately post not less than five no trespassing signs at suitable points around the boundaries of said reservoir or lake and replace said notices whenever necessary; said notices shall contain a digest of the provisions of this article and shall state the penalty for its violation. [Amended during 2014 codification; Ord. 63 § 6, 1951].