Lakewood Municipal Code Title 9 Article VI

VI. Offenses Against Property

 

9.60.010 Criminal mischief

It is unlawful for any person to knowingly injure, damage, or destroy the real or personal property of one or more other persons including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode where the aggregate damage to the real or personal property is less than one thousand dollars. (Ord. O-2007-28 § 8, 2007; Ord. O-2002-46 § 3, 2002; Ord. O-98-35 § 5, 1998; Ord. O-97-13 § 8, 1997; Ord. O-92-32 § 1, 1992; Ord. O-85-50 § 1, 1985; Ord. O-82-45 § 1, 1982; Ord. O-74-1 § 1 (part), 1974).

 

9.60.015 Obstruction of telephone service

A person commits obstruction of telephone service if the person knowingly prevents, obstructs, or delays, by any means whatsoever, the sending, transmission, conveyance, or delivery in this city of any message, communication, or report by or through any telephone line, wire, cable, or other facility or any cordless, wireless, electronic, mechanical, or other device. (Ord. O-2002-46 § 4, 2002).

 

9.60.020 Injury or removal of signs

It is unlawful for any unauthorized person to willfully remove, deface, injure, damage or destroy any street sign or official traffic control device erected or placed in or adjacent to any street where the aggregate damage to such street sign or traffic control device is less than one thousand dollars. (Ord. O-2007-28 § 9, 2007; Ord. O-98-35 § 6, 1998; Ord. O-97-13 § 9, 1997; Ord. O-92-32 § 2, 1992; Ord. O-87-27 § 9, 1987; Ord. O-74-1 § 1 (part), 1974).

 

9.60.030 Destroying posters

It is unlawful for any person to intentionally tear down, deface or cover up any lawfully posted advertisement or bill of any person, firm, corporation or entity; provided, however, that this section shall not apply to any person possessing the lawful right or authority to tear down, deface or cover up any such advertisement or bill. (Ord. O-94-33 § 36, 1994; Ord. O-74-1 § 1 (part), 1974).

 

9.60.040 Lug wheels and treaded vehicles prohibited

It is unlawful for any vehicle equipped with treads and/or lug wheels which are injurious to pavement to be operated or caused to be operated by any person upon public streets unless the operator of such vehicle first planks and protects such streets from damage. Nothing in this section shall be construed to prohibit the use of studded snow tires. (Ord. O-94-33 § 37, 1994; Ord. O-74-1 § 1 (part), 1974).

 

9.60.050 Defacing property

A. It is unlawful for any person to knowingly deface or cause, aid in, or permit the defacing of public or private property without the prior consent of the owner by painting, drawing, writing, marking, etching, carving, scratching or any other unauthorized marking by use of paint, spray paint, ink, knife or by any other method of defacement.
B. Any person convicted of defacing property shall be ordered by the court to perform community service which shall include personally making repairs to any property damaged or properties similarly damaged. A person who defaces property shall be subject to the maximum penalties established in Section 1.16.020 of the Lakewood Municipal Code. The minimum penalty shall be as follows:

First offense $250.00
Second offense 400.00
Third or subsequent offense 650.00
(Ord. O-95-26 § 1, 1995).

 

9.60.055 Possession of graffiti materials by minors prohibited

A. It shall be unlawful for any person under eighteen (18) years of age, except for a minor under the direction or supervision of the minor’s parent, legal guardian, instructor, employer, or law enforcement officer, to purchase, procure, or possess, or attempt to purchase, procure, or possess any prohibited graffiti material.
B. For the purposes of this section, the words and phrases are defined as follows:
1. “Broad tipped marker pen” means a felt-tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-fourth (1/4) of an inch, containing a fluid which is not water soluble.
2. “Glass etching tool or instrument” means any tool, device, or substance that can be used to make permanent marks on any surface or to create a frosted effect on any surface or to deliver a solution to any surface in order to create an image, or any container of such solution, including, but not limited to, glass etching creams or solutions.
3. “Paint pen” means a tube, marker, or other pen-like instrument with a tip of greater than one-fourth (1/4) inch in diameter that contains paint or a similar fluid and an internal paint agitator.
4. “Prohibited graffiti material” means any can of spray paint, spray paint nozzle, broad tipped marker pen, paint pen, glass-cutting tool, or glass etching tool or instrument.
5. “Spray paint” means any aerosol container that is made or adapted for the purpose of applying spray paint or other substance capable of defacing property.
6. “Spray paint nozzle” means a nozzle designed to deliver a spray of paint of a particular width or flow from a can of spray paint.
C. Affirmative Defense. It shall be an affirmative defense to a violation of this section that the minor possessing the prohibited graffiti material was:
1. Within the minor’s home;
2. At the minor’s place of employment and the minor possessed the materials or devices within the scope of that employment;
3. Upon real property with permission to posses such materials from the owner, occupant, or person having lawful control of such property; or
4. Attending a school or traveling between any location set forth in this subsection (C) and a school, at which the minor was enrolled if the minor was participating in a class or a school sanctioned activity at the school that formally required the possession of the materials. (Ord. O-2008-18 § 1, 2008).

 

9.60.057 Unlawful possession of graffiti materials

A person commits unlawful possession of graffiti materials if he possesses any tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving damaging, defacing, or destroying public or private property and intends to use the thing possessed, or knows that some other person intends to use the thing possessed, in the commission of such an offense. Graffiti materials include those tools, devices, materials, or substances meeting the definition of prohibited graffiti materials as set forth in Section 9.60.055. (Ord. O-2008-18 § 2, 2008).

 

9.60.060 Arson

A. It is unlawful for any person to knowingly set fire to, burn, cause to be burned, or by the use of any explosive, to damage or destroy, or cause to be destroyed, any property of another, other than a building or occupied structure, without the owner’s consent, if the damage is less than one hundred dollars.
B. It is unlawful for any person to knowingly or recklessly start or maintain a fire or cause an explosion, on his own property or that of another, and by so doing place any building or occupied structure of another in danger of damage.
C. It is unlawful for any person to knowingly and without lawful authority or with criminal negligence, set on fire, or cause to be set on fire, any woods, prairie, or grounds of any description, other than his own, or to knowingly or with criminal negligence, permit a fire, set or cause to be set a fire which passes from his own grounds and cause damage to the grounds of another.
D. Definitions. The following definitions shall apply in the interpretation of this section:
1. “Building” means a structure which has the capacity to contain, and is designed for the shelter of man, animals, or property, and includes a ship, trailer, sleeping car, airplane, or other vehicle, or place adapted for overnight accommodations of persons or animals, or for carrying on of business therein, whether or not a person or animal is actually present.
2. “Occupied structure” means any area, place, facility, or enclosure which, for particular purposes, may be used by persons or animals upon occasion, whether or not included within the definition of “building”, and which is in fact occupied by a person or animal, and known by the defendant to be thus occupied at the time of his act of arson.
3. Property is that of “another” if anyone other than the defendant has a possessory or proprietary interest therein.
4. If a building is divided into units for separate occupancy, any unit not lawfully occupied by the defendant is a “building of another.”
5. “Fire investigator” means a person who:
a. Is an officer or member of a fire department, fire protection district, or fire fighting agency of the state or any of its political subdivisions with enforcement authority within the city;
b. Is engaged in conducting or is present for the purpose of engaging in the conduct of a fire investigation; and
c. Is either a volunteer or is compensated for services rendered by the person.
E. A fire investigator shall be empowered to enforce this section. (Ord. O-97-61 § 2 & 3, 1997; Ord. O-97-13 § 10, 1997).

 

9.62.010 Obstructing traffic

It is unlawful for any person to willfully, maliciously or recklessly place in any doorway or driveway not owned by him or under his lawful control, or on any sidewalk, public highway, street or alley in the city, any item, article or object which causes or tends to cause the obstruction thereof of any part thereof. (Ord. O-74-1 § 1 (part), 1974).

 

9.63.010 Definitions

The following definitions shall apply to this chapter; unless the context otherwise requires:
“Check” means a written, unconditional order to pay a sum certain in money, drawn on a bank, payable on demand, and signed by the drawer. “Check,” for the purposes of this section only, also includes a negotiable order of withdrawal and a share draft.
“Drawee” means the bank upon which a check is drawn or a bank, savings and loan association, industrial bank, or credit union on which a negotiable order of withdrawal or a share draft is drawn.
“Drawer” means a person, either real or fictitious, whose name appears on a check as the primary obligor, whether the actual signature be that of himself or of a person authorized to draw the check on himself.
“Insufficient funds” means not having a sufficient balance in account with a bank or other drawee for the payment of a check or order when presented for payment within thirty days after issue.
Issue. A person issues a check when he makes, draws, delivers, or passes it or causes it to be made, drawn, delivered, or passed.
“Negotiable order of withdrawal” and “share draft” mean negotiable or transferable instruments drawn on a negotiable order of withdrawal account or a share draft account, as the case may be, for the purpose of making payments to third persons or otherwise.
“Negotiable order of withdrawal account” means an account in a bank, savings and loan association, or industrial bank, and “share draft account” means an account in a credit union, on which payment of interest or dividends may be made on a deposit with respect to which the bank, savings and loan association, or industrial bank or the credit union, as the case may be, may require the depositor to give notice of an intended withdrawal not less than thirty days before the withdrawal is made, even though in practice such notice is not required and the depositor is allowed to make withdrawal by negotiable order of withdrawal or share draft. (Ord. O-89-24 § 1 (part), 1989).

 

9.63.020 Issuance of bad check

A. It is unlawful for any person to issue or pass a check or similar sight order for the payment of less than one thousand dollars, knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment of in full of the check or order as well as all other checks or orders outstanding at the time of issuance.
B. It is unlawful for any person to issue or pass two or more checks or similar sight orders within any sixty-day period within the City of Lakewood for the payment of money totaling less than one thousand dollars in the aggregate knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the checks or order as well as all other checks or orders outstanding at the time of issuance.
C. It is unlawful for any person to open a checking account, negotiable order of withdrawal account, or share draft account using false identification or an assumed name for the purpose of issuing fraudulent checks.
D. This section does not relieve the prosecution from the necessity of establishing the required knowledge by evidence. However, for the purposes of this section, the issuer’s knowledge of insufficient funds is presumed except in the case of a postdated check or order, if:
1. He has no account upon which the check or order is drawn with the bank or other drawee at the time he issues the check or order; or
2. He has insufficient funds upon deposit with the bank or other drawee to pay the check or order, on presentation within thirty days after issue. (Ord. O-2007-28 § 10, 2007; Ord. O-98-35 § 7&8, 1998; Ord. O-92-32 § 3 & 4, 1992; Ord. O-89-24 § 1 (part), 1989).

 

9.64.010 Shoplifting-Unlawful

It is unlawful for any person to knowingly conceal or otherwise carry away, or to knowingly aid another to conceal or otherwise carry away, unpurchased goods, wares or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment with the intent to avoid payment thereof and to permanently deprive the store or mercantile establishment of the benefit of the unpurchased goods, wares or merchandise; provided, however, that the aggregate value of such unpurchased goods, wares, or merchandise shall be less than one thousand dollars. (O-2007-28 § 11, 2007; Ord. O-97-61 § 4, 1997; Ord. O-92-32 § 5, 1992; Ord. O-85-50 § 2, 1985; Ord. O-82-56 § 1, 1982; Ord. O-77-16 § 4, 1977; Ord. O-74-1 § 1 (part), 1974).

 

9.64.020 Price switching

It is unlawful for any person to willfully alter, remove or switch the indicated price of any unpurchased goods, wares or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment; provided, however, that this section shall not apply to goods, wares or merchandise of a value of one thousand dollars or more. (Ord. O-2007-28 § 12, 2007; Ord. O-97-61 § 5, 1997; Ord. O-92-32 § 6, 1992; Ord. O-85-50 § 3, 1985; Ord. O-77-16 § 5, 1977; Ord. O-74-1 § 1 (part), 1974).

 

9.64.030 Unlawful acts-theft detection devices

A. It is unlawful for any person to knowingly manufacture, distribute, or sell a theft detection shielding device or a theft detection deactivating devise with the knowledge that some person intends to use the device in the commission of an offense involving theft.
B. It is unlawful for any person to possess a theft detection shielding device or a theft detection deactivating device with the intent to use the device possessed, or with the knowledge that some person intends to use the device possessed, in the commission of an offense involving theft.
C. It is unlawful for any person to knowingly deactivate or remove a theft detection device or any component thereof in any store or mercantile establishment without authorization prior to purchase.
D. As used in this section:
1. “Theft detection deactivating device” means any tool, instrument, mechanism, or other article adapted, designed, engineered, used, or operated to inactivate, incapacitate, or remove a theft detection device without authorization. “Theft detection deactivating device” includes, but is not limited to, jumper wires, wire cutters, and electronic article surveillance removal devices.
2. “Theft detection device” means an electronic or magnetic mechanism, machine, apparatus, tag, or article designed and operated for the purpose of detecting the unauthorized removal of merchandise from a store or mercantile establishment.
3. “Theft detection shielding device” means any tool, instrument, mechanism, or article adapted, designed, engineered, used, or operated, to avoid detection by a theft detection device during the commission of an offense involving theft. “Theft detection shielding device” includes, but is not limited to, foil-lined or otherwise modified clothing, bags, purses, or containers capable of and for the sole purpose of avoiding detection devices.  (Ord. O-2013-16 § 6, 2013; Ord. O-2002-46 § 5, 2002).

 

9.65.010 Petty theft-Unlawful

It is unlawful for any person knowingly to obtain or exercise control over anything, of the value of less than one thousand dollars, of another without authorization, or by threat or deception, or knowing said thing of such value to have been stolen, when the person who so obtained or exercises control over such thing of value:
A. Intends to deprive such other person permanently of the use or benefit of such thing of value; or
B. Knowingly uses, conceals, or abandons such thing of value as to deprive such other person permanently of the use or benefit of the same; or
C. Uses, conceals, or abandons such thing of value, intending that such use, concealment, or abandonment will deprive such other person permanently of the use or benefit of the same; or
D. Demands any consideration to which such person is not legally entitled, as a condition of restoring such thing of value to such other person. (Ord. O-2007-28 § 13, 2007; Ord. O-97-61 § 6, 1997; Ord. O-92-32 § 7, 1992; Ord. O-85-50 § 4, 1985; Ord. O-78-78 § 1, 1978).

 

9.65.020 Theft of rental property

A. A person commits theft of rental property if he:
1. Obtains the temporary use of personal property of another, which is available only for hire, by means of threat or deception, or knowing that such use is without the consent of the person providing the personal property; or
2. Having lawfully obtained possession for temporary use of the personal property of another which is available only for hire knowingly fails to reveal the whereabouts of or to return said property to the owner thereof or his representative or to the person from whom he has received it within seventy-two hours after the time at which he agreed to return it.
B. This section shall not apply to goods, wares, or merchandise of a value of one thousand dollars or more. (Ord. O-2007-28 § 14, 2007; Ord. O-98-35 § 9, 1998 ; Ord. O-92-32 § 8, 1992; Ord. O-87-27 § 10, 1987).

 

9.65.030 Theft by receiving

A. It is unlawful for any person to receive, retain, loan money by pawn or pledge on, or dispose of anything of value of another, knowing or believing that said thing of value has been stolen, and when he intends to deprive the lawful owner permanently of the use or benefit of the thing of value.
B. This section shall not apply to goods, wares, or merchandise of a value of one thousand dollars or more. (Ord. O-2007-28 § 15, 2007; Ord. O-2006-21 § 15, 2006).

 

9.66.010 Trespassing-Unlawful

A. It is unlawful for any person to knowingly enter or remain upon premises when consent to enter or remain is absent, denied, or withdrawn by the owner, occupant, or person having lawful control thereof.
B. It shall be prima facie evidence that consent is absent, denied, or withdrawn, to enter or remain upon the premises of another when:
1. Any person fails or refuses to remove himself from said premises when requested to leave by the owner, occupant or person having lawful control thereof; or
2. Private property, which is not then open to the public, is posted with signs which give notice that entrance is forbidden; or
3. Such premises are fenced or otherwise enclosed in a manner designed to exclude intruders. (Ord. O-87-27 § 11, 1987; Ord. O-85-33 § 1, 1985; Ord. O-74-1 § 1 (part), 1974).

 

9.66.020 Motor vehicle trespass

It is unlawful for any person to knowingly enter the motor vehicle of another without the consent of the owner, or the person having the right to possession or control thereof, or to fail or refuse to remove himself from said vehicle when requested to leave by the owner or the person having lawful possession or control of said vehicle; provided, however, that if such entry was made with the intent to steal anything of value or with the intent to commit a crime therein, then this section shall not apply. This provision shall include, but is not limited to, unlawful entries into passenger vehicles, semitrailers, tractor-trailer units, the bed of trucks, road machinery, and implements of husbandry. (Ord. O-92-32 § 9, 1992; Ord. O-85-4 § 1, 1985).

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