HomeMy WebLinkAbout2005-11-07-Ordinance 2552_Criminal Code, TheftORDINANCE NO.2552
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY
OF WAUKEE,IOWA,BY AMENDING AND ADDING PROVISIONS
PERTAINING TO THE DEFINITION OF THE CRIME OF THEFT AND
PROVIDING THE PUNISHMENT THEREFOR
BE IT ORDAINED by the City Council of the City of Waukee,Iowa:
SECTION 1.Paragraph 1 of Chapter 603.1 of the Municipal Code of the City of Waukee,Iowa,
is repealed and the following adopted in lieu thereof:
603.1 Theft.It is unlawful for any person to connnit theft.A person connnits
theft for purposes of this chapter when that person does any of the following and
such theft does not exceed $200.00 in value:
SECTION 2.Chapter 603.1 is hereby amended by the addition of the following
subparagraphs to Chapter 603.1 :
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.
J
SECTION 3.Chapter 603.2 is repealed and the following adopted in lieu thereof:
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.
SECTION 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 ofthe
ordinance as a whole or any section,provision,or part thereof not adjudged invalid or
unconstitutional.
SECTION 5.WHEN EFFECTIVE.Tbis ordinance shall be in effect from and after its final
passage,approval and publication as provided by law.
Passed by the Council the 7th day of November 2005,and approved this 7th day of November
2005.
ATTEST:'71wcUi~
Mark J.Are~Administrator/Clerk