Ordinance 1636-89 - Laserfiche WebLink

1 B. In any prosecution under this section any allegation containing a 2 description of the security agreement, mortgage, lien, conditional sales 3 contract, rental agreement, or lease by reference to the date thereof and 4 names of the parties thereto, shall be sufficiently definite and certain. C. The provisions of this section shall be cumulative and 6 nonexclusive and shall not affect any other criminal provision. 7 Section 3: Failure to Deliver Leased Personal Property - Requisites for 8 Prosecution. 9 A. Every person being in possession thereof who shall wilfully and 10 without reasonable cause fail to deliver leased personal property to the 11 lessor within ten days after written notice of the expiration of the lease 12 has been mailed to the lessee by registered or certified mail with return 13 receipt requested, mailed to the last known address of the lessee, shall be 14 guilty of a gross misdemeanor: Provided, That there shall be no prosecution 15 under this section unless such lease is in writing, and contains a warning 16 that failure to promptly return the leased property may result in a criminal 17 prosecution, and the notice mailed pursuant to the provisions of this 18 section shall clearly state that the lessee may be guilty of a crime upon 19 his failure to return the property to the lessor within ten days. 20 B. In any prosecution under this section, any allegation containing 21 a description of the lease by reference to the date thereof and names of the 22 parties shall be sufficiently definite and certain. 23 C. As used in this section, the term "lease" shall also include 24 rental agreements. 25 D. The provisions of this section shall be cumulative and 26 nonexclusive and shall not affect any other criminal provision. 27 Section 4: Codification . 28 Sections 1 , 2 and 3 of this ordinance shall be codified as three 29 additional sections of EMC Chapter 10.56. 30 31 32 2