Section 8.24.430 Theft.

a. Takes possession or control of the property of another, or property in the possession of another, with the intent to deprive the other thereof.

b. Misappropriates property which the person has in trust, or the property of another which the person has in the person's possession or control, whether such possession or control is lawful or unlawful, by using or disposing of it in a manner which is inconsistent with or a denial of the trust or of the owner's rights in such property, or conceals found property, or appropriates such property to the person's own use, when the owner of such property is known to the person. Failure by a Bailee or lessee of personal property to return the property within seventy-two (72) hours after a time specified in a written agreement of lease or balmiest shall be evidence of misappropriation.

c. Obtains the labor or services of another, or a transfer of possession, control, or ownership of the property of another, or the beneficial use of property of another, by deception. Where compensation for goods and services is ordinarily paid immediately upon the obtaining of such goods or the rendering of such services, the refusal to pay or leaving the premises without payment or offer to pay or without having obtained from the owner or operator the right to pay subsequent to leaving the premises, gives rise to an inference that the goods or services were obtained by deception.

d. Exercises control over stolen property, knowing such property to have been stolen, or having reasonable cause to believe that such property has been stolen, unless the person's purpose is to promptly restore it to the owner or to deliver it to an appropriate public officer. The fact that the person is found in possession of property which has been stolen from two or more persons on separate occasions, or that the person is a dealer or other person familiar with the value of such property and has acquired it for a consideration which is far below its reasonable value, shall be evidence from which the court may infer that the person knew or believed that the property had been stolen.

e. Takes, destroys, conceals or disposes of property in which someone else has a security interest, with intent to defraud the secured party.

f. Makes, utters, draws, delivers, or gives any check, share draft, draft, or written order on any bank, credit union, person or corporation, and obtains property or service in exchange therefore, if the person knows that such check, share draft, draft, or written order will not be paid when presented.

Whenever the drawer of such instrument has refused payment because of insufficient funds, and the maker has not paid the holder of the instrument the amount due thereon within ten (10) days of the maker's receipt of notice from the holder that payment has been received by the drawee, the court may infer from such facts that the maker knew that the instrument would not be paid on presentation. Notice of refusal of payment shall be by certified mail, or by personal service in the manner prescribed for serving original notices.

Whenever the drawee of such instrument has refused payment because the maker has no account with the drawee, the court may infer from such fact that the maker knew that the instrument would not be paid on presentation.

g. Obtains gas, electricity, or water from a public utility or obtains cable television service from an unauthorized connection to the supply or service line or by intentionally altering, adjusting, removing or tampering with the metering or service device so as to cause inaccurate readings.

3. Value. The value of property is its highest value by any reasonable standard at the time that it is stolen. Reasonable standard includes but is not limited to market value within the community, actual value, or replacement value.

If money or property is stolen from the same person or location by two or more acts, or different persons by two or more acts which occur in approximately the same location or time period, so that the thefts are attributable to a single scheme, plan, or conspiracy, these acts may be considered a single theft, and the value may be the total value of all the property stolen.

4. Claim of Right. No person who takes, obtains, disposes of, or otherwise uses or acquires property, is guilty of theft by reason of such act, if the person reasonably believes that the person has a right, privilege, or license to do so, or if the person does, in fact, have such right, privilege, or license.

6. Violation - Penalty. Any person or persons, firm or corporation who commits theft in the fifth degree shall, upon conviction thereof, be punished according to the provisions of Section 1.04.100-1. (Ord. 99-8110; 93/U-1501; 90/T-8388)