Sec. 16-41. Theft—Generally.

(a) It is unlawful for any person to knowingly obtain or exercise possession of or control over anything of value of another without authorization, or by threat or deception; and; if such person:

(1) Intends to deprive the other person permanently of the use or benefit of the thing of value; or

(2) Knowingly uses, conceals or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit; or

(3) Uses, conceals or abandons the thing of value intending that use, concealment or abandonment will deprive the other person permanently of its use and benefit; or

(4) Demands any consideration to which he is not legally entitled as a condition of restoring the thing of value to the other person.

(b) This section shall not apply when the aggregate value of the items taken in any one (1) criminal episode is valued at one thousand dollars ($1,000.00) or more, nor where the item taken is a motor vehicle, rental property, trade secret or credit device. Further, this section shall not apply where the theft is committed by fraudulent use of a check or credit device.

(Code 1977, § 14-50.1; Ord. No. 1992-900, § 1, 7-13-92; Ord. No. 1997-1084, § 1, 7-28-97; Ord. No. 1997-1086, § 1, 8-11-97; Ord. No. 1392, § 1, 6-20-07)

Sec. 16-42. Same—By check.

(a It is unlawful for any person to issue or pass a check as payment for any goods, services or other thing of value, or in exchange for cash when that person knew that, at the time of the issuance of the check, insufficient funds existed in the account being drawn upon to cover this and all other checks outstanding at the time of issuance.

(b) It is unlawful for any person to issue or pass a check as payment for any goods, services or other thing of value, or in exchange for cash when that person, having been notified either by the drawee upon which the check was drawn, or by the person or firm to which the check was originally issued, that the check has been twice refused for insufficiently of funds, and fails to make good the check within fourteen (14) days of that notification. It shall constitute a prima facie violation of this subsection that the person or firm to which the check was originally issued:

(1) Obtained at least two (2) types of identification from the drawer, at the time of acceptance of the check; and

(2) Obtained an address of the drawer of the check, at the time of acceptance of the check; and

(3) Presented the check to the drawee for acceptance or refusal for the first time within thirty (30) days of the date of issuance of the check, and;

(4) Upon twice presenting the check to the drawee and having twice received the check returned for insufficiency of funds, the person or firm to whom the check was originally issued shall send a letter notifying the drawer of the refusal of the drawee to accept the check, and requiring restitution within fourteen (14) days. Said letter shall be sent to the address listed in subparagraph (1)b. above by way of the U.S. Postal Service, certified mail, return receipt requested. The return receipt, or the letter marked “unclaimed,” shall be conclusive proof of compliance with the notice requirements of this section; and

(5) Fifteen (15) days following the date of delivery, or attempted delivery, of said letter of notification, the drawer has failed to respond and make payment in full for the amount owed on the check and all reasonable charges incurred as a result of the return of the check.

(c) It is unlawful for any person to stop payment or cause payment to be stopped on any check issued or passed as payment for any goods, service or other thing of value, or in exchange for cash, when that person does so with the intent to defraud.

(d) 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 and with the intent of committing theft by check.

(e) Nothing in this section shall apply where the value of the check exceeds one thousand dollars ($1,000.00), or where the offender is under accusation or formal criminal filing involving the issuance of two (2) or more checks within any sixty-day period in the state with an aggregate value of one thousand dollars ($1,000.00) or more. Nor shall this section apply where the offender has been previously convicted under this section, or under any existing or former statute of the state involving the issuance of bad checks or theft or fraud by check.

(f) A bank, a savings and loan association, an industrial bank, or a credit union shall not be civilly or criminally liable for releasing information relating to the drawer's account to any police authority or officer of the court of this city the release of which is for the purpose of investigation or prosecuting a violation of this section.

(g) In imposing a penalty for violation of this section, the municipal court is specifically authorized and empowered to require restitution in full to the person or entity to whom any such check described herein was issued as a portion of, and/or in addition to, any other penalty deemed appropriate by the court.

(Code 1977, § 14-50.2; Ord. No. 1992-900, § 2, 7-13-92; Ord. No. 1392, § 2, 6-20-07)

Sec. 16-43. Criminal mischief.

It is unlawful for any person to knowingly or recklessly injure, damage or destroy the real or personal property owned by another, in whole or in part; provided that this section shall not apply where the aggregate damage in any one (1) criminal episode to such real or personal property is one thousand dollars ($1,000.00) or more, or where the damage is effected by means of fire or explosives or with the intent to defraud.

(Code 1977, § 14-50; Ord. No. 1990-900, § 3, 7-13-92; Ord. No. 1235, § 1, 12-10-01; Ord. No. 1392, § 3, 6-20-07).

Sec. 16-44. Street signs.

It is unlawful for any unauthorized person to willfully remove, deface, injure, damage or destroy any street sign or traffic-control or warning sign or device erected or placed in or adjacent to any street. It is further provided that this section shall not apply where the aggregate damage to such street sign or traffic-control or warning device is one hundred dollars ($100.00) or more.

(Code 1977, § 14-51)

Sec. 16-45. Posters.

It is unlawful for any person to intentionally tear down, deface or cover up any lawfully posted advertisement or bill of any person or entity; provided, that this section shall not apply to any person showing the lawful right or authority to tear down, deface or cover up any such advertisement or bill.

(Code 1977, § 14-52)

Sec. 16-46. Trespassing.

It is unlawful for any person to unlawfully enter or to remain in or upon real property, buildings and/or other improvements, stream banks and beds of any nonnavigable freshwater stream flowing through, or banks or beds of any lake, pond or other body of water situate upon real property, belonging to a person or entity other than the person so entering or remaining thereupon.

(Code 1977, § 14-56)

Sec. 16-47. Reserved.

Section 4 of Ord. No. 2001-1220, adopted May 21, 2001, repealed § 16-47 in its entirety. Former § 16-47 pertained to defacing property and derived from Ord. No. 1995-988, adopted Jan. 23, 1995.

Sec. 16-48. Criminal tampering.

A person commits the crime of criminal tampering if such person tampers with property of another with intent to cause injury, inconvenience or annoyance to the person or to another.

(Ord. No. 1998-1149, § 1, 1-11-99)

Sec. 16-49. Prohibition on possession of graffiti materials.

(a) Public places. It shall be unlawful for any person, except authorized city employees or individuals authorized by an individual or company under contract with the city, to have in his or her possession any prohibited graffiti material, as that term is defined in section 16-180, while in or upon any public park, playground, swimming pool, recreational facility, or other public building or structure owned or operated by the city.

(b)Closed private places. It shall be unlawful for any person to have in his or her possession any prohibited graffiti material, as that term is defined in section 16-180, on private property not open to the public without permission from the owner or his or her lawful agent.