Ordinance 3029-07 - Laserfiche WebLink

M1 ORDINANCE NO. 3029-07 • 7 An Ordinance relating to rented, leased or loaned property, amending Sec • 2 of Ordinance No. 2270-98 (EMC 10.56.180). Whereas, the Everett City Council has been advised 2007 State Legislature expanded the crime of theft of rental or leased property to include property loaned by written agreement to further service and protect victims of rental, leased or loaned property theft; and Whereas,the State law amendments became effective July 22, 2007; and Whereas, the Everett City Council deems it appropriate for the City Criminal Code to be consistent with state law in this area; NOW,THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: Section 2 of Ordinance No. 2270-98 (EMC 10.56.180), which reads as follows: Theft of rental, leased or lease-purchased property. A. A person who, with intent to deprive the owner or owner's agent, wrongfully obtains, or exerts unauthorized control over, or by color or aid of deception gains control of personal property that is rented or leased to the person, is guilty of theft of rental, leased, or lease-purchased property. B. The finder of fact may presume intent to deprive if the finder of fact finds either of the following: 1. That the person who rented or leased the property failed to return or make arrangements acceptable to the owner of the property or the owner's agent to return the property to the owner or the owner's agent within seventy-two hours after receipt of proper notice following the due date of the rental, lease, or lease-purchase agreement; or 2. That the renter or lessee presented identification to the owner or the owner's agent that was materially false, fictitious, or not current with respect to name, address, place of employment, or other appropriate items. C. As used in subsection B of this section, "proper notice" consists of a written demand by the owner or the owner's agent made after the due date of the rental, lease, or lease-purchase period, mailed by certified or registered mail to the renter or lessee at: 1. The address the renter or lessee gave when the contract was made; or 2. The renter or lessee's last known address if later furnished in writing by the renter, lessee, or the agent of the renter or lessee.