HomeMy WebLinkAbout1999-03-01-Ordinance 2273_Criminal Code, FraudORDINANCE NO.2273
AN ORDINANCE TO AMEND CHAPTER 605,WAUKEE MUNICIPAL CODE,
BY DELETING CHAPTER 605 IN ITS ENTIRETY AND INSERTING IN LIEU
THEREOF REVISED CHAPTER 605 DEFINING FRAUDULENT PRACTICES
AND PROVIDING PENALTIES THEREFORE.
BE IT ORDAINED by the Council of the City of Waukee:
FRAUDULENT PRACTICES
§605.1 Fraud.A person who does any of the following acts is guilty of
fraudulent practice where the amount of money or value of property or services involved
does not exceed $50.00:
A Makes,tenders or keeps for sale any warehouse receipt,bill of lading,or
any other instrument purporting to represent any right to goods,with
knowledge that the goods represented by such instrument do no exist.
B.Knowingly attaches or alters any label to any goods offered or kept for
sale so as to materially misrepresent the quality or quantity of such goods,
or the maker or source of such goods.
C.Knowingly executes or tenders any false certification under penalty of
perjury,false affidavit or false certificate,if the certification,affidavit,or
certificate is required by law or given in support of a claim for
compensation,indemnification,restitution,or other payment.
D.Makes any entry in or alteration of any public records,or any records of
any corporation,partnership,or other business enterprise or nonprofit
enterprise,knowing the same to be false.
E.Removes,alters or defaces any serial or other identification number,or
any owners'identification mark,from any property not the person's own.
F.For the purpose of soliciting assistance,contributions,or other thing of
value,falsely represents oneself to be a veteran of the armed forces of the
United States,or a member of any fraternal,religious,charitable,or
veterans organization,or any pretend organization of a similar nature,or
to be acting on behalf of such person or organization.
G.Manufactures,sells,or keeps for sale any token or device suitable for the
operation of a coin-operated device or vending machine,with the intent
that such token or device may be so used,or with the representation that
they can be so used;provided,that the owner or operator of any coin-
operated device or vending machine may sell slugs or tokens for use in his
or her own devices.IF.Manufactures or possesses any false or counterfeit label,with the intent
that it be placed on merchandise to falsely identify its origin or quality,or
who sells any such false or counterfeit label with the representation that it
may be so used.
H.Alters or renders inoperative or inaccurate any meter or measuring device
used in determining the value of or compensation for the purchase,use or
enjoyment of property,with the intent to defraud any person.
1.Does any act expressly declare to be fraudulent practice by any other
section of the Code.
J.Removes,defaces,covers,alters,or destroys any component part number
as defined in section 321.1,subsection 73,or vehicle identification
number as defined in section in 321.1,subsection 74,for the purpose of
concealing or misrepresenting the identity of the component part or
vehicle.
K.Knowingly transfers or assigns a legal or equitable interest in property,as
defined in section 702.14,Code ofIowa,for less than fair consideration,with
the intent to obtain public assistance under chapters 16,35B,35D,and 347B,
or title VI,subtitles 2 through 6,Code of Iowa,or accepts a transfer of or an
assignment of a legal or equitable interest in property,as defined in section
702.14,Code of Iowa,for less than fair consideration ,with the intent of
enabling the party transferring the property to obtain public assistance under
chapters 16,35B,35D,and 347B,or Title VI,subtitles 2 through 6.A
transfer or assignment of property for less than fair consideration within one
year prior to an application for public assistance benefits shall be evidence of
intent to transfer or assign the property in order to obtain public assistance for
which a person is not eligible by reason of the amount of the person's assets.
If a person is found guilty of a fraudulent practice in the transfer or
assignment of property under this subsection the maximum sentence shall be
the penalty established for a serious misdemeanor and sections 714.9,714.10
and 714.11 shall not apply.
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L.Fraudulent practices in connection with targeted small business programs.
1.Knowingly transfers or assigns assets,ownership,or equitable
interest in property of a business to a woman or minority person
primarily for the purpose of obtaining benefits under targeted small
business programs if the transferor would otherwise not be
qualified for such programs.
2.Solicits and is awarded a state contract on behalf of a targeted I
f------------------------------------
business for the purpose of transferring the contract to another for
a percentage if the person transferring or intending to transfer the
work had no intention of performing the work.
3.Knowingly falsifying information on an application for the purpose
of obtaining benefits under targeted small business programs.
A violation under this subsection is grounds for decertification of
the targeted small business connected with the violation.
Decertification shall be in addition to any penalty otherwise
authorized by this section.
M.Makes payment pursuant to an agreement with a dealer or market agency
for livestock held by the dealer or market agency by use of a financial
instrument which is a check,share draft,draft,or written order on any
financial institution,as defined in section 543.1,Code of Iowa,if after
seven days from the date that possession of the livestock is transferred
pursuant to the purchase,the financial institution refuses payment on the
instrument because of insufficient funds in the maker's account.
This subsection is not applicable if the maker pays the holder of the
instrument the amount due on the instrument within one business day from
a receipt of notice by certified mail from the holder that payment has been
refused by the financial institution.
As used in this subsection,"dealer"means a person engaged in the
business of buying or selling livestock either on the person's own account,
or as an employee or agent of vendor or purchaser."Market Agency"
means a person engaged in the business of buying or selling livestock on a
commission basis.
N.Obtains or attempts to obtain the transfer of possession,control,or
ownership,of the property of another by deception through
communications conducted primarily by telephone and involving direct or
implied claims that the other person contacted has won or is about to win a
prize,or involving direct or implied claims that the other person contacted
may be able to recover any losses suffered by such other person in
connection with a prize promotion.
O.Knowingly provides false information to the treasurer of state when
claiming,pursuant to section 556.19,Code ofIowa,interest in unclaimed
property held by the state,or knowingly provides false information to a
person or fails to disclose the nature,value and location of unclaimed
property prior to entering into a contract to receive compensation to
recover or assist in the recovery of property reported as unclaimed
pursuant to section 556.11,Code ofIowa.
§605.2 The value of property or service for purposes of Section 606.1 is its
normal market or exchange value,if any,within the community at the time the fraudulent
practice is committed.I
§605.3 If money or property or service is obtained 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 fraudulent practices are
attributable to a single scheme,plan or conspiracy,such acts may be considered as a
single fraudulent practice and the value may be the total value of all money,property,and
service involved for the purposes of Section 605.1.
Section 2.Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
Section 3.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 1st day of March,1999,and approved this 1'1 day of
March,1999.
Attest:
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