CHAPTER 3

THEFT; FRAUD; TRESPASSING; LOITERING

6-3-1:  THEFT
6-3-2:  REPEALED BY ORDINANCE 2584 
6-3-3:  FRAUDULENTLY AVOIDING PAYMENT OF ADMISSION FEES
6-3-4:  CRIMINAL MISCHIEF
6-3-5:  TRESPASSING
6-3-6:  LOITERING ON SCHOOL GROUNDS
6-3-7:  REPEALED BY ORDINANCE 2584
6-3-8:  FRAUD BY CHECK
6-3-9:  THEFT OF RENTAL PROPERTY
6-3-10:  THEFT BY RECEIVING
6-3-11:  PROHIBITION OF NIGHTTIME JUVENILE LOITERING
6-3-12:  CRIMINAL TAMPERING

6-3-1:  THEFT:  (1275 1505 2001 2057 2584)

(A) It shall be unlawful to commit theft.  A person commits theft when he knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, where the value of the thing involved is less than five hundred dollars ($500), and:

(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 such 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) For the purposes of this Section, a thing of value is that of “another” if anyone other than the defendant has a possessory or proprietary interest therein.

(C) Every person who obtains control over any stolen thing of value, where the value of the thing involved is less than five hundred dollars ($500), knowing the thing of value to have been stolen by another, may be tried, convicted and punished, whether or not the principal is charged, tried or convicted.

(D) QUESTIONING OF PERSON SUSPECTED OF SHOPLIFTING WITHOUT LIABILITY:  If any person conceals upon his person or otherwise carries away any unpurchased goods, wares or merchandise held or owned by any store or mercantile establishment, the merchant or any employee thereof or any police officer, acting in good faith and upon probable cause based upon reasonable ground therefor, may detain and question such person in a reasonable manner for the purpose of ascertaining whether the person is guilty of theft. Such questioning of a person by a merchant, merchant's employee or police officer does not render the merchant, merchant's employee or police officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution or unlawful detention.

(E) For the purposes of this Section, any reference or mention of stealing, false pretenses, or shoplifting shall be interpreted as if the word “theft” were substituted therefor.

(F) Theft is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.

6-3-2:  Repealed by Ordinance 2584

6-3-3:  FRAUDULENTLY AVOIDING PAYMENT OF ADMISSION FEES:  (2001)

(A) It shall be unlawful for any person fraudulently to enter, without payment of the proper admission fee, any theater, ballroom, lecture, concert or other place where admission fees are charged; provided, however, that nothing herein contained shall be deemed to prohibit or restrict the admission of police officers engaged in the performance of police duties to any place of public entertainment or amusement.

(B) A violation of this Section is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.

6-3-4:  CRIMINAL MISCHIEF:  (1378 1505 2001 2057 2627)

(A) CRIMINAL MISCHIEF/PUBLIC PROPERTY:  It shall be unlawful for any person to knowingly or recklessly damage the real or personal property, or improvements thereto, belonging to the City or other public entity, where the aggregate damage to the real or personal property is less than five hundred dollars ($500).

(B) Criminal Mischief/Private Property:  It shall be unlawful for any person to knowingly or recklessly damage the real or personal property of one (1) or more other persons, where the aggregate damage to the real or personal property is less than five hundred dollars ($500).

(C) Criminal mischief is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.

6-3-5:  TRESPASSING:  (1224 1593 2001 2056 2706 2782 3563)

(A) UNLAWFUL TRESPASS:  It shall be unlawful for any person to commit trespass.  A person commits trespass if he enters or remains upon premises of another when consent to enter or remain is absent, denied, or withdrawn by the owner, occupant, any agent of the owner or occupant, or any other person having lawful control thereof.

(B) PREMISES DEFINED:  Premises shall mean any real estate, all improvements thereon, and any motor vehicle.

(C) PRIMA FACIE EVIDENCE:  It shall be prima facie evidence that consent is absent, denied, or withdrawn, when one (1) or more of the following events occur:

(1) The owner, occupant, any agent of the owner or occupant, or any other person having lawful control of private property requests a person to leave the premises and the person fails or refuses to do so; or

(2) Private property, which is not then open to the public, is posted with signs giving notice that entrance is forbidden or restricted to certain hours or persons; or

(3) A private residence has been posted with a sign stating “NO SOLICITATIONS,” “NO TRESPASS,” or a sign with similar meaning, and a person knocks on the door or otherwise attempts to contact or speak to the residence’s occupant for the purpose of:  (a) selling, distributing or offering to sell or distribute services, food, beverages, goods or merchandise, or (b) distributing information about services, food, beverages, goods, or merchandise, or (c) inviting or attempting to discuss verbally or in written form, ideas and issues, or (d) distributing written information, or (e) seeking funds or other forms of assistance.

(4) Such premises are fenced or otherwise enclosed in a manner designed to exclude intruders.

(5) The possession, consumption, use, display, transfer, distribution, sale, transportation or growing of marijuana, as that term is defined in Title VI, Chapter 12, of this Code, in violation of the rules, regulations or prohibitions of the owner, occupant, agent of the owner or occupant, or any other person having lawful control of a premises.

The enumeration in this subsection of the events constituting prima facie evidence shall not be construed to require any summons and complaint to specify one (1) or more provisions of this subsection.

(D) PENALTY:  Trespass is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.

6-3-6:  LOITERING ON SCHOOL GROUNDS:  (1344 2001)

(A) It shall be unlawful for any person to loiter, with intent to interfere with or disrupt the school program or with intent to interfere with or endanger school children, in a school building or on school grounds, or within one hundred feet (100’) of school grounds, when persons under the age of eighteen (18) are present in the building or on the grounds not having any reason or relationship involving custody of, or responsibility for, a pupil or any other specific, legitimate reason for being there, and having been asked to leave by a school administrator or his representative or by a police officer.

(B) “Loiter” shall mean to be dilatory, to stand idly around, to linger, delay or wander about, or to remain, abide, or tarry.

(C) It shall be an affirmative defense that the defendant's acts were lawful and he was exercising his rights of lawful assembly as a part of peaceful and orderly petition for the redress of grievances, either in the course of labor disputes or otherwise.

(D) Loitering on school grounds is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.

6-3-7:  Repealed by Ordinance 2584

6-3-8:  FRAUD BY CHECK:  (1412 1505 2001 2057 2627)

(A) It shall be unlawful to commit fraud by check.  Any person who deceitfully issues a check for less than five hundred dollars ($500) that is not paid because the drawer has insufficient funds with the drawee issues a fraudulent check and commits fraud by check.

(B) Fraud by check is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.

6-3-9:  THEFT OF RENTAL PROPERTY: (1821 2001 2057 2627)

(A) It shall be unlawful for any person to commit theft of rental property.  A person commits theft of rental property if, with regard to personal property, the value of which is less than five hundred dollars ($500), he:

(1) Obtains the temporary use of personal property of another that 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 that 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 (72) hours after the time at which he agreed to return it.

(B) Theft of rental property is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.

6-3-10:  THEFT BY RECEIVING:  (2001 2057 2627)

(A) It shall be unlawful for any person to commit theft by receiving.  A person commits theft by receiving when he receives, retains, loans money by pawn or pledge on, or disposes of any thing of up to five hundred dollars ($500) in 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) A person may be convicted of theft by receiving whether or not the person who stole the thing of value from the lawful owner is charged or convicted.

(C) Theft by receiving is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.

6-3-11:  PROHIBITION OF NIGHTTIME JUVENILE LOITERING:  (2056)

(A) It shall be unlawful for any minor seventeen (17) years of age or younger to loiter, unsupervised by an adult having the lawful authority to be at such place where the minor is loitering, between the hours of 10:00 p.m. on any day and 6:00 a.m. of the following day; provided, however, that on Fridays and Saturdays the effective hours of this prohibition are between 12 midnight and 6:00 a.m. of the following day; and provided, that the provisions of this Section shall not apply in the following instances:

(1) When a minor is accompanied by his or her parent, guardian or other adult person who is twenty-one (21) years of age or older and who has the lawful care and custody of the minor;

(2) When the minor is upon an emergency errand directed by his or her parent or guardian or other adult person having the lawful care and custody of such minor;

(3) When the minor is returning directly home from a school activity, entertainment, recreational activity or dance;

(4) When the minor is returning directly home from lawful employment that makes it necessary to be in the above referenced places during the prescribed period of time;

(5) When the minor is attending or travelling directly to or from an activity involving the exercise of First Amendment rights of free speech, freedom of assembly or free exercise of religion;

(6) When the minor is in a motor vehicle with parental consent for normal travel, with interstate travel through the City of Westminster excepted in all cases from the curfew.

(B) DEFINITIONS:  The following words, terms, and phrases, when used in this Section, shall have the following meaning, unless the context clearly indicates otherwise:

“Loiter” shall mean to be dilatory, to stand idly around, to linger, delay or wander about, or to remain idle in or about a public place, whether in or out of a vehicle.

“Permit” or “Allow” shall mean to consent, to tolerate, to give permission, to authorize, or to give opportunity.

“Public Place” shall mean in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public buildings, private property open to customers, places of amusement, eating places, parking lots, vacant lots or any similar place.

(C) It shall be unlawful for the parent, guardian, or other adult person having the care, control or custody of a minor to knowingly permit or allow, including by insufficient control, such minor to loiter in violation of subsection (A) of this Section.  “Knowingly” includes knowledge that a parent should be reasonably expected to have concerning the whereabouts of the minor in that adult's custody.  It shall be no defense that the responsible adult was indifferent to the activities, conduct or whereabouts of the minor.  The provisions of this subsection (C) do not apply if the responsible adult has made a missing person notification to the appropriate police department prior to the minor's violation of subsection (A) of this Section.

(D) A violation of this Section is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.

6-3-12:  CRIMINAL TAMPERING: (3191)

(A) It shall be unlawful for a person to commit the crime of criminal tampering.  A person commits the crime of criminal tampering if the person knowingly tampers with property of another with the intent to cause injury, inconvenience, or annoyance to that person or to another, whether or not injury or damage has occurred.

(B) Criminal tampering is a criminal offense punishable by fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.