9.07.310 Failing to Pay for Motor Fuel; Penalties.
(a) Any person who leaves the premises of an establishment at which motor fuel offered for retail sale was dispensed into the fuel tank of a motor vehicle by driving away in that motor vehicle without having made due payment or authorized charge for the motor fuel so dispensed, shall be guilty of a class A public offense and upon any subsequent conviction, the Division shall:
(1) Upon a person’s second conviction, suspend the person’s driving privileges for six months; and
(2) Upon a person’s third or subsequent conviction, suspend the person’s driving privileges for one year.
(b) The failure to replace or reattach the nozzle and hose of the pump used for the dispensing of motor fuels or placing such nozzle and hose on the ground or pavement shall be prima facie evidence of the intent to defraud under the provisions of subsection (a).
(c) Any person whose driving privileges have been suspended under subsection (a) shall pay a reinstatement fee in the amount of $100 to the Division. The Division of Vehicles shall, at least monthly, deposit such fees with the State Treasurer, who shall credit such moneys to the State Highway Fund.
(d) As used in this Section:
(1) “Division” means the Division of Vehicles of the Department of Revenue;
(2) “Conviction” means a final conviction without regard whether sentence was suspended or probation granted after such conviction. Forfeiture of bail, bond or collateral deposited to secure a defendant’s appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction. (Ord. 01-93 § 1, 2001.)