Chapter 9.28


9.28.010    Theft.

9.28.020    Possessing stolen property.

9.28.030    Unlawful issuance of check or draft.

9.28.010 Theft.

A. A person is guilty of theft who, as to property or services of another which does not exceed $250.00 in value, with the intent to deprive him of such property or services, either:

1. Wrongfully obtains or exerts unauthorized control over said property or services or the value thereof; or

2. By color or aid of deception obtains control over said property or services, or the value thereof; or

3. Appropriates said property or services, or the value thereof, when such property is lost or misdelivered.

B. In any prosecution for theft, it shall be a sufficient defense that the property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claim be untenable.

C. Theft is a gross misdemeanor. (Ord. C-130 § 1, 1986; Ord. 157 § 4.1, 1976)

9.28.020 Possessing stolen property.

A. A person is guilty of possessing stolen property if he knowingly receives, retains, possesses, conceals or disposes of stolen property of a value not exceeding $250.00, knowing that it has been stolen, or if he withholds or appropriates the same to the use of any person other than the true owner or person entitled thereto.

B. The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of possessing stolen property.

C. When a person not an issuer or agent thereof has in his possession or under his control stolen credit cards issued in the names of two or more persons, he shall be presumed to know that they are stolen. This presumption may be rebutted by evidence raising a reasonable inference that the possession of such stolen credit cards was without knowledge that they were stolen.

D. Possessing stolen property is a gross misdemeanor. (Ord. 157 § 4.2, 1976)

9.28.030 Unlawful issuance of check or draft.

A. Any person who, with intent to defraud, makes or draws, or utters, or delivers to another person any check or draft in an amount of $250.00, or less, on a bank or other depository for the payment of money, knowing at the time of such drawing or delivering that he has not sufficient funds in, or credit with, said bank or other depository to meet said check or draft in full, upon its presentation, is guilty of unlawful issuance of bank check.

B. The word “credit,” as used in this section, means an arrangement or understanding with the bank or other depository for the payment of such check or draft, and the uttering or delivery of such check or draft to another person without such fund or credit to meet same shall be prima facie evidence of an intent to defraud.

C. Unlawful issuance of a bank check is a gross misdemeanor. (Ord. 157 § 4.3, 1976)