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• <br /> • <br /> • <br /> 1 ORDINANCE NO. /G,?6, <br /> 2 <br /> AN ORDINANCE relating to Theft of Shopping Carts, amending <br /> 3 Ordinance No. 1145-85, Section 50, and adding a new section to <br /> Article 8 of Ordinance No. 1145-85. <br /> 4 <br /> 5 <br /> THE CITY OF EVERETT DOES ORDAIN: <br /> 6 <br /> Section 1: That Section 50 of Ordinance No. 1145-85, which reads as follows: <br /> 7 <br /> 8 Section 50: Definitions <br /> 9 The following definitions are applicable in this article unless the context <br /> otherwise requires: <br /> 10 <br /> 1. "Appropriate lost or misdelivered property or services" means <br /> 11 obtaining or exerting control over the property or services of <br /> another which the actor knows to have been lost or mislaid, or to <br /> 12 have been delivered under a mistake as to identify of the recipient <br /> or as to the nature or amount of the property; <br /> 13 <br /> 2. "By color or aid of deception" means that the deception operated <br /> 14 to bring about the obtaining of the property or services; it is not <br /> necessary that deception be the sole means of obtaining the <br /> 15 property or services; <br /> 16 3. "Credit card" means any instrument or device, whether incomplete, <br /> revoked or expired, whether known as a credit card, credit plate, <br /> 17 charge plate, courtesy card, or by any other name, issued with or <br /> without fee for the use of the cardholder in obtaining money, <br /> 18 goods, services or anything else of value, including satisfaction of a <br /> debt or the payment of a check drawn by a cardholder, either on <br /> 19 credit or in consideration of an undertaking or guaranty by the <br /> issuer. <br /> 20 <br /> 4. "Deception" occurs when an actor knowingly: <br /> 21 <br /> a. creates or confirms another's false impression which the <br /> 22 actor knows to be false; or <br /> 23 b. fails to correct another's impression which the actor <br /> previously has created or confirmed; or <br /> 24 <br /> c. prevents another from acquiring information material to the <br /> 25 disposition of the property involved; or <br /> 26 d. transfers or encumbers property without disclosing a lien, <br /> adverse claim, or other legal impediment to the enjoyment <br /> 27 of the property, whether that impediment is or is not valid, <br /> or is or is not a matter of official record; or <br /> 28 <br /> e. promises performance which the actor does not intend to <br /> 29 perform or knows will not be performed. <br /> 30 5. "Deprive" in addition to its common meaning means to make <br /> unauthorized use or an unauthorized copy of records, information, <br /> 31 data, trade secrets, or computer programs; <br /> 32 <br />