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HomeMy WebLinkAboutOrd.131.03-07-1984 . � . , � . r 1 � � BILL N0. 84-19 ORDINANCE N0. f�� I AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ESTABLISHING A NEW CHAPTER 18 , ARTICLE IV PERTAINING TO STEALING AND RELATED OFFENSES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, A5 FOLLOWS: 5ECTION 1. Chapter 18 of the Code of Ordinances of the City of Cape Girardeau, Missouri is hereby amended by adding the following: ARTICLE IV. STEALING AND RELATED OFFENSES Sec. 18-42. Article Definitions. As used in this Article: l. "Appropriate" means to take, obtain, use, transfer, conceal or retain possession of; 2 . "Coercion" means a threat, however communicated: A. To commit any crime; or B. To inflict physical injury in the future on the person threatened or another; or C. To accuse any person of any crime; or D. To expose any person to hatred, contempt or ridicule; or � E. To harm the credit or business repute of any person; or F. To take or withhold action as a public servant, or to cause a public servant to take or withhold action; or G. To inflict any other harm which would not benefit the actor. A threat of accusation, lawsuit or other invocation of official action is not coercion if the property sought to be obtained by virtue of such threat was honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation, exposure, °� ' • � Pi �� °'�° 1`'( lawsuit or other official action relates, or as com- pensation for property or lawful service. The defen- dant shall have the burden of injecting the issue of justification as to any threat; 3. "Deceit" means purposely making a representation which is false and which the actor does not believe to be true and upon which the victim relies, as to a matter of fact, law, value, intention or other state of mind. The term "deceit" does not, however include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. Deception as to the actor ' s intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise; 4 . "Deprive" means A. To withhold property from the owner permanently; or B. To restore property only upon payment of reward or other compensation; or C. To use or dispose of property in a manner that makes recovery of the property by the owner unlikely; 5 . "Of another" - Property or services is that "of another" if any natural person, corporation, partnership, associa- tion, governmental subdivision or instrumentality, other than the actor, has possessory or proprietary interest therein except that property shall not be deemed property of another who has only a security interest therein, even if legal title is in the credi- tor pursuant to a conditional sales contract or other security arrangement; 6 . "Property" means anything of value whether real or personal, tangible or intangible, in possession or in action, and shall include but not be limited to the evidence of a debt actually executed but not delivered or issued as a valid instrument; 7 . "Receiving" means acquiring possession, control or title or lending on the security of the property; 8 . "Services" includes transportation, telephone, elec- tricity, gas, water or other public service, accom- modation in hotels, restaurants or elsewhere, admission to exhibitions and use of vehicles. 2 . Sec. 18-43. Stealing. A person commits the offense of stealing if he appro- priates property or services of another with the purpose to deprive him thereof, either without his consent or by means of deceipt or coercion. Sec. 18-44 . Receiving Stolen Property. A person commits the offense of receiving stolen property if for the purpose of depriving the owner of a lawful interest therein, he receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen. Sec. 18-45 . Passing Bad Checks. l. A person commits the offense of passing a bad check when, with purpose to defraud, he issues or passes a check or other similar sight order for the payment of money, knowing that it will not be paid by the drawee, or that there is no such drawee. � 2 . If the issuer had no account with the drawee or if there was no such drawee at the time the check or order was issued, this fact shall be prima facie evidence of his purpose to defraud and of his knowledge that the check or order would not be paid. 3 . If the issuer has an account with the drawee, failure to pay the check or order within ten days after notice in writing that it has not been honored because of insufficient funds or credit with the drawee is prima facie evidence of his purpose to defraud and of his knowledge that the check or order would not be paid. 4 . Notice in writing means notice deposited as certified or registered mail in the United States mail and ad- dressed to the issuer at his address as it appears on the dishonored check or to his last known address. Sec. 18-46. Telephone Service Fraud. l. A person commits the offense of telephone service fraud if the person by deceit obtains or attempts to obtain telephone service without paying the lawful charge. 2 . A person commits the offense of electronic telephone fraud if the person knowingly (1) Uses, in connection with the making or receiving of a telephone call; or (2) Has possession of; or 3 . (3) Transfers possession or causes the transfer of possession to another; or (4) Makes or assembles an electronic or mechanical device which, when used in connection with a telephone call, will cause the billing system of a telephone company to record incorrectly, or omit to record correctly, any fact by which the person responsible for paying the charge for a telephone call is determined. Sec. 18-47 . Detaining Library Material. l . A person commits the offense of detaining library material if he knowingly detains any library material belonging to a publicly supported library after the period of time for which the material was loaned has expired. 2 . Failure to return library material within ten (10) days after notice in writing that the material is overdue and should be returned is prima facie evidence that the library material is knowingly detained. 3 . Notice in writing means notice deposited as certified or registered mail in the United States Mail and ad- dressed to a person' s last known address as it appears in the records of the publicly supported library. Sec. 18-48 . Failure to Return Rented Personal Property. 1 . A person commits the offense of failing to return leased or rented property if, with ttie intent to deprive the owner thereof, he knowingly fails to return leased or rented personal property to the place and within the time specified in an agreement in writing providing for the leasing or renting of such personal property. 2 . It shall be prima facie evidence of the crime of failing to return leased or rented property when a person who has leased or rented personal property of another knowingly fails to return or make arrangements accep- table with the lessor to return the personal property to its owner within ten days after proper notice fol- lowing the expiration of the lease or rental agreement. 3 . This section shall not apply if such personal property is a vehicle and such return is made more difficult or expensive by a defect in such vehicle which renders such vehicle inoperable, if the lessee shall notify the lessor of the location of such vehicle and such defect 4 . before the expiration of the lease or rental agreement, or within -ten days after proper notice. 4 . Proper notice by the lessor shall consist of a written demand addressed and mailed by certified or registered mail to the lessee at the address given at the time of making the lease or rental agreement. The notice shall contain a statement that the failure to return the property may subject the lessee to prosecution. Secs. 18-49 - 18-58 Reserved. SECTION 2 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 3 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS �_ DAY OF �% ���`-��, 1984 i % r v�~�U�-� � ✓� ^� MAYOR ATTEST: t �-��-C c.�__ e-�-,� CITY CL RK 5 .