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Ordinance 2270-98
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Ordinance 2270-98
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3/13/2014 11:03:00 AM
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Ordinances
Ordinance Number
2270-98
Date
1/14/1998
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• <br /> b. The value of a ticket or equivalent instrument which evidences a right to receive <br /> transportation, entertainment, or other service shall be deemed the price stated thereon, if any; <br /> and if no price is stated thereon, the value shall be deemed the price of such ticket or equivalent <br /> instrument which the issuer charged the general public; <br /> c. The value of any other instrument that creates, releases, discharges, or otherwise affects <br /> any valuable legal right, privilege, or obligation shall be deemed the greatest amount of economic <br /> loss which the owner of the instrument might reasonably suffer by virtue of the loss of the <br /> instrument. <br /> 3. Property or services having value that cannot be ascertained pursuant to the standards set <br /> forth above shall be deemed to be of a value not exceeding two hundred and fifty dollars. <br /> N. "Shopping cart" means a basket mounted on wheels or similar container generally used in <br /> a retail establishment by a customer for the purpose of transporting goods of any kind. <br /> 0. "Parking area" means a parking lot or other property provided by retailers for use by a <br /> customer for parking an automobile or other vehicle. <br /> Section 2: A new section is hereby added to EMC Chapter 10.56, as follows: <br /> Theft of Rental, Leased or Lease-Purchased Property <br /> (1) A person who, with intent to deprive the owner or owner's agent, wrongfully obtains, or <br /> exerts unauthorized control over, or by color or aid of deception gains control of personal <br /> property that is rented or leased to the person, is guilty of theft of rental, leased, <br /> or lease-purchased property. <br /> (2) The finder of fact may presume intent to deprive if the finder of fact finds either of the <br /> following: <br /> (a) That the person who rented or leased the property failed to return or make <br /> arrangements acceptable to the owner of the property or the owner's agent to return the property <br /> to the owner or the owner's agent within seventy-two hours after receipt of proper notice <br /> following the due date of the rental, lease, or lease-purchase agreement; or <br /> (b) That the renter or lessee presented identification to the owner or the owner's agent that <br /> was materially false, fictitious, or not current with respect to name, address, place of employment, <br /> or other appropriate items. <br /> (3) As used in subsection (2) of this section, "proper notice" consists of a written demand by the <br /> owner or the owner's agent made after the due date of the rental, lease, or lease-purchase period, <br /> mailed by certified or registered mail to the renter or lessee at: (a) The address the renter or lessee <br /> gave when the contract was made; or (b) the renter or lessee's last known address if later <br /> furnished in writing by the renter, lessee, or the agent of the renter or lessee. <br /> (4) The replacement value of the property obtained must be utilized in determining the amount <br /> involved in the theft of rental, leased, or lease-purchased property. Theft of rental, leased, or <br /> lease-purchased property is a: Class B felony if the rental, leased, or lease purchased property is <br /> valued at one thousand five hundred dollars or more; class C felony if the rental, leased, or lease- <br /> purchased property is valued at two hundred fifty dollars or more but less than one thousand five <br /> hundred dollars; and gross misdemeanor if the rental, leased, or lease-purchased property is <br /> valued at less than two hundred <br /> 5 <br />
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