Chapter 10.16
THEFT
Sections:
10.16.030 Unlawful issuance of checks.
10.16.010 Theft.
A person is guilty of theft if he wrongfully obtains or exerts unauthorized control over the property or services of another, with intent to deprive him of such property or services, or, by the color or aid of deception, obtains control over the property or services of another with intent to deprive him of such property or services, or appropriates lost or misdelivered property or services of another, with intent to deprive him of such property or services, when the value of such property or services is less than $250.00. [Ord. 949, 1983.]
10.16.020 Fraud on innkeeper.
(1) It is unlawful for any person to obtain any food, lodging or accommodation at any hotel, restaurant, boardinghouse or lodginghouse, or to obtain any services from any business establishment providing such services, without paying therefor, with intent to defraud the owner or manager thereof.
(2) Evidence that an individual secretly departed or removed his baggage from any innkeeper’s facility, without paying for such food, lodging or accommodation, shall be prima facie evidence of intent to defraud. [Ord. 949, 1983.]
10.16.030 Unlawful issuance of checks.
(1) Any person who, with intent to defraud, makes, or draws, or utters, or delivers to another person any check or draft in an amount of $250.00 or less on a bank or other depository for the payment of money, knowing at the time of such drawing or delivery that he has not sufficient funds or credit with the bank or other depository to meet the check or draft in full upon its presentation, is guilty of unlawful issuance of a bank check. “Credit” as used in this section means an arrangement or understanding with the bank or other depository for the payment of such check or draft, and the uttering or delivery of such check or draft to another person without such funds or credit to meet the same shall be prima facie evidence of an intent to defraud.
(2) Furthermore, an issuer is presumed to know that the check or order would not be paid if: (a) the issuer had no account with the drawee at the time the check or order was issued; or (b) payment was refused by the drawee for lack of funds, and issuer had been notified previously of such lack of funds. [Ord. 949, 1983.]
10.16.040 Shoplifting.
(1) A person who wilfully takes possession of any goods, wares or merchandise of the value of less than $250.00 offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the seller, with the intention of converting such goods, wares or merchandise to his own use without having paid the purchase price is guilty of the misdemeanor of shoplifting.
(2) Every person, unless in a usual shopping area en route to the place of payment, who is found with any such merchandise, goods, wares or chattels in his or her possession and having had the opportunity to pay for the same and having failed to do so shall be deemed to have given prima facie evidence on an intention to take and steal the same. [Ord. 949, 1983.]