HomeMy WebLinkAbout2021-06-30-6031
THEFT
§603.1 Theft. It is unlawful for any person to commit theft. A person commits
theft for purposes of this chapter when that person does any of the following and such theft does
not exceed $200.00 in value:
November 7, 2005 – Ordinance 2552
A. Takes possession or control of the property of another, or property in the possession
of another, with the intent to deprive the other thereof.
B. Misappropriates property which the person has in trust, or property of another which
the person has in his or her possession or control, whether such possession or
control is lawful or unlawful, by using or disposing of it in a manner which is
inconsistent with or a denial of the trust or of the owner's rights in such property, or
conceals found property, or appropriates such property to his or own use, when the
owner of such property is known to him or her. Failure by a bailee or lessee of
personal property to return the property within seventy-two hours after a time
specified in a written agreement of lease or bailment shall be evidence of
misappropriation.
C. Obtains the labor or services of another, or a transfer of possession, control, or
ownership of the property of another, or the beneficial use of property of another, by
deception. Where compensation for goods and services is ordinarily paid
immediately upon the obtaining of such goods or the rendering of such services, the
refusal to pay or leaving the premises without payment or offer to pay or without
having obtained from the owner or operator the right to pay subsequent to leaving
the premises gives rise to an inference that the goods or services were obtained by
deception.
D. Exercises control over stolen property, knowing such property to have been stolen,
or having reasonable cause to believe that such property has been stolen, unless the
person's purpose is to promptly restore it to the owner or to deliver it to an
appropriate public officer. The fact that the person is found in possession of
property which has been stolen from two or more persons on separate occasions, or
that the person is a dealer or other person familiar with the value of such property
and has acquired it for a consideration which is far below its reasonable value, shall
be evidence from which the court or jury may infer that the person knew or believed
that the property has been stolen.
E. Takes, destroys, conceals or disposes of property in which someone else has a
security interest, with intent to defraud the secured party.
2
F. Makes, utters, draws, delivers, or gives any check, draft, or written order on any
bank, person or corporation, and obtains property or service in exchange therefor, if
the person knows that such check, draft or written order will not be paid when
presented.
Whenever the drawee of such instrument has refused payment because of
insufficient funds, and the maker has not paid the holder of the instrument the
amount due thereon within ten days of the maker's receipt of notice from the holder
that payment has been refused by the drawee, the court or jury may infer from such
facts that the maker knew that the instrument would not be paid on presentation,
notice of refusal or payment shall be by certified mail, or by personal service in the
manner prescribed for serving original notices.
Whenever the drawee of such instrument has refused payment because the maker
has no account with the drawee, the court or jury may infer from such fact that the
maker knew that the instrument would not be paid on presentation.
G.Any act that is declared to be theft by any provision of the Code of Iowa, as
amended.
H. Obtains gas, electricity, or water from a public utility or obtains cable
television or telephone service from an unauthorized connection to the
supply or service line or by intentionally altering, adjusting, removing or
tampering with the meter or service device so as to cause inaccurate
readings.
I. Knowingly and without authorization accesses or causes to be accessed a
computer, computer systems, or computer network, or any part thereof, for
the purpose of obtaining computer services, information or property or
knowingly and without authorization and with the intent to permanently
deprive the owner of possession, takes, transfers, conceals, or retains
possession of a computer, computer system, or computer network or any
computer software or computer program, or computer data contained in a
computer, computer system, or computer network.
J. Obtains the temporary use of video rental property with the intent to
deprive the owner of the use and possession of the video rental property
without the consent of the owner.
K. Lawfully obtains the temporary use of video rental property and fails to
return the video rental property by the agreed time with the intent to
deprive the owner of the use and permission of the video rental property
without the consent of the owner. Notwithstanding any other provision
contained herein, the aggregate value of the video rental property involved
shall be the original rental value of the video rental property.
3
Subsections H – K added; November 7, 2005 – Ordinance 2552
The value of property is its normal market or exchange value within the community at the
time that it is stolen. If money or property is stolen by a series of acts from the same person or
location, or from different persons by a series of acts which occur in approximately the same
location or time period so that the thefts are attributable to a single scheme, plan or conspiracy, such
acts may be considered a single theft and the value may be the total of all the property stolen.
§603.2 Penalty. Any violation of the provisions of this chapter shall be
considered a simple misdemeanor as provided in Chapter 620 of this Code.
November 7, 2005 – Ordinance 2552
§603.3. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
§603.4. Severability Clause. If any section, provision or part of this ordinance
shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision, or part thereof not adjudged invalid or
unconstitutional.
§603.5. Effective Date. This ordinance shall be in effect upon its final passage,
approval and publication as provided by law.
March 1, 1999 – Ordinance No. 2271