HomeMy WebLinkAbout1999-03-01-Ordinance 2271_Criminal Code, TheftAN ORDINANCE TO AMEND CHAPTER 603,WAUKEE MUNICIPAL CODE,
BY DELETING CHAPTER 603 IN ITS ENTIRETY AND INSERTING IN LIEU
THEREOF REVISED CHAPTER 603 DEFINING THEFT AND PROVIDING
PENALTIES THEREFORE ..
ORDINANCE NO.2271 I
BE IT ORDAINED by the Council of the City of Waukee:
THEFT
§603.1 THEFT.A person commits theft when that person does any of the
following,and such theft does not exceed $100.00 in value:
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.
D.
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 ofthe 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.
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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 payor 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.
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 I
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.
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.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 metering or service device so as to cause inaccurate
readings.
F.Any act that is declared to be theft by any provision of the Code ofIowa,
as amended.
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 Violations.Violations of any of the provisions of this Chapter shall be
punishable by 30 days in jail or $100.00 fine.
Section 2.Repealer.All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.ISection3.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.
Section 4.Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this I st day of March,'999,and approved this I st day of
March,1999.
Mayor,Donald L.Bailey,
gory S.Fetterman,City Clerk
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