Chapter 9.30
OFFENSES AGAINST PROPERTY
Sections:
9.30.080 Theft – Classification of offenses.
9.30.010 Public property.
For the purpose of this chapter, “public property” means any publicly owned property except the traveled portion of public streets, and includes any park, sidewalk, curb or any part of any public right-of-way devoted to any planting or park-like use. [Ord. 87-34 § 13-03-301, 1987.]
9.30.020 Unlawful acts.
On any public property it is unlawful for any person to:
(1) Willfully mark, deface, disfigure, injure, tamper with, displace or remove any building, railing, bench, paving, paving material, water line, or any facilities or property and equipment of any public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, wall or rock border, or other structures or equipment, facilities or public property or appurtenances whatever, either real or personal.
(2) Soil or litter public restrooms and washrooms.
(3) Dig and remove any sand, soil, rock, stones, trees, shrubs, or plants, downtimber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency, unless duly authorized by the public entity.
(4) Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, any tent, fly or windbreak, or run or string any rope, cord or wire into, upon or across any public property, except with special permit.
(5) Urinate or defecate, except in the public restroom in receptacles placed there for such purpose.
(6) Damage, cut, carve, burn, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant. No person shall attach any rope, wire or other contrivance to any tree or plant. No person shall dig in or otherwise disturb or in any other way injure or impair the natural beauty or usefulness of any park area. This subsection shall not apply to any person authorized to perform the act proscribed.
(7) Climb any tree or walk, stand or sit on monuments, fountains, railings, fences, planted areas or upon any other property not designed or customarily used for such purposes or to intentionally stand, sit or lie in or upon any street, sidewalk, stairway or crosswalk so as to prevent free passage of persons or vehicles passing over, along or across any street, sidewalk, stairway or crosswalk.
(8) Drop, throw, place, discard, dump, leave or otherwise deposit any bottles, broken glass, garbage, ashes, paper boxes, cans, dirt, rubbish, waste, refuse or other trash on any public property except in waste containers provided therefor. No such refuse or trash shall be placed in any waters contiguous to any park or planted area or left anywhere on the grounds thereof.
(9) Sleep on seats, benches, sidewalks, curbs, planters, walls or other areas.
(10) Expose or offer for sale any article or thing or station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing without first obtaining a license, except that the governing body may exempt designated areas from this subsection by resolution on such terms and conditions as it may prescribe.
(11) Beg or to go from door to door of private homes or commercial and business establishments or place himself in or upon any public way or public place to beg or receive money or other things of value. [Ord. 87-34 § 13-03-302, 1987.]
9.30.030 Definitions.
For the purposes of this chapter:
“Habitable structure” means any building, vehicle, trailer, railway car, aircraft, or watercraft used for lodging or assembling persons or conducting business whether a person is present or not.
“Property” means any form of real property or tangible personal property which is capable of being damaged or destroyed and includes habitable structure. Property is that of another if anyone other than the actor has a possessory or proprietary interest in any portion thereof.
“Value” means:
(a) The market value of the property, if totally destroyed, at the time and place of the offense, or where cost of replacement exceeds the market value; or
(b) Where the market value cannot be ascertained, the cost of repairing or replacing the property within a reasonable time following the offense.
(c) If the property damaged has a value that cannot be ascertained by the criteria set forth in subsections (a) and (b) of this definition, the property shall be deemed to have a value of at least $50.00. [Ord. 87-34 § 13-06-001, 1987.]
9.30.040 Reckless burning.
(1) A person is guilty of reckless burning if he damages the property of another by reckless use of fire or causing an explosion.
(2) Reckless burning is a class B misdemeanor if the damage to property exceeds $500.00 in value; and a class C misdemeanor if the damage to property exceeds $50.00 in value. Any other violation under this section shall constitute an infraction. [Ord. 87-34 § 13-06-100, 1987.]
9.30.050 Criminal mischief.
(1) A person commits criminal mischief if:
(a) He intentionally damages, defaces, or destroys the property of another;
(b) He recklessly or willfully shoots or propels a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car or caboose, whether moving or standing.
(2) Criminal mischief is defined herein as an infraction. [Ord. 87-34 § 13-06-101, 1987.]
9.30.060 Criminal trespass.
(1) For purposes of this section “enter” means intrusion of the entire body.
(2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Sections 76-2-202 through 76-2-204, Utah Code Annotated 1953:
(a) He enters or remains unlawfully on property and:
(i) Intends to cause annoyance or injury to any person thereon or damage to any property thereon; or
(ii) Intends to commit any crime, other than theft or a felony; or
(iii) Is reckless as to whether his presence will cause fear for the safety of another.
(b) Knowing his entry or presence is unlawful, he enters or remains on property as to which notice against entering is given by:
(i) Personal communication with the actor by the owner or someone with apparent authority to act for the owner; or
(ii) Fencing or other enclosure obviously designed to exclude intruders; or
(iii) Posting of signs reasonably likely to come to the attention of intruders.
(3) A violation of subsection (2)(a) of this section is a class C misdemeanor unless it was committed in a dwelling, in which event it is a class B misdemeanor. A violation of subsection (2)(b) of this section is an infraction.
(4) It is a defense to prosecution under this section:
(a) That the property was open to the public when the actor entered or remained; and
(b) The actor’s conduct did not substantially interfere with the owner’s use of the property. [Ord. 87-34 § 13-06-102, 1987.]
9.30.070 Theft.
The provisions of Sections 76-6-401 through 76-6-410, Utah Code Annotated 1953, are hereby adopted and incorporated herein by reference. [Ord. 87-34 § 13-06-104, 1987.]
9.30.080 Theft – Classification of offenses.
Theft of property and services as provided in this chapter shall be punishable as a class B misdemeanor.
(1) Retail Theft.
(a) Title 76, Chapter 6, Part 6, Utah Code Annotated 1953, as amended is hereby adopted and made a part hereof with the exception of Section 76-6-606, Utah Code Annotated 1953.
(b) A violation of any of the provisions of Title 76, Chapter 6, Part 6, Utah Code Annotated 1953, shall be a class B misdemeanor. [Ord. 87-34 § 13-06-105, 1987.]