Chapter 18-Offenses and Miscellaneous Provisions Flashcards
(44 cards)
Sec. 18-1-1. - Playing in street.
It shall be unlawful for any person to play ball or any other kind of game whatsoever or to rumpus or play upon any public street.
Sec. 18-2-1. - Assault.
(a) Assault consists of either:
(1) An attempt to commit a battery upon the person of another; or
(2) Any unlawful act, threat or menacing conduct which causes another person to reasonably believe that he is in danger of receiving an immediate battery.
(b) A person who commits assault is guilty of a misdemeanor
Sec. 18-2-2. - Battery
Battery is the unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent or angry manner.
(b) A person who commits battery is guilty of a misdemeanor.
Sec. 18-2-3. - Fraud.
Fraud consists of the intentional misappropriation or taking of anything of value which belongs to another by means of fraudulent conduct, practices or representations.
(b) A person who commits fraud when the value of the thing misappropriated or taken is $250.00 or less is guilty of a misdemeanor.
Sec. 18-2-4. - False representation of incapacitation.
Falsely representing self as incapacitated consists of any person falsely representing himself to be blind, deaf, dumb, crippled or otherwise physically defective for the purpose of obtaining money or other thing of value.
(b) A person who commits falsely representing self as incapacitated is guilty of a misdemeanor.
Sec. 18-2-5. - Worthless checks.
(a) It is unlawful for a person to issue in exchange for anything of value, with the intent to defraud, any check, draft or order for payment of money upon any bank or other depository, knowing at the time of the issuing that the offender has insufficient funds in or credit with the bank or depository for the payment of such check, draft or order in full upon its presentation.
(b) When the amount of the check, draft or order or the total amount of the checks, drafts or orders is for more than $1.00 but less than $25.00, the person violating subsection (a) of this section shall be punished by imprisonment in the city jail for a term of not more than 30 days or a fine of not more than $100.00 or both such imprisonment and fine.
Sec. 18-2-6. - Embezzlement.
Embezzlement consists of the embezzling or converting to his own use of anything of value, with which he has been entrusted, with fraudulent intent to deprive the owner thereof.
(b) A person who commits embezzlement when the value of the thing embezzled or converted is $250.00 or less is guilty of a petty misdemeanor.
Sec. 18-3-1. - Criminal damage to property.
(a) As used in this section, the term “property of another” includes real and personal property and public and private property.
(b) Criminal damage to property consists of intentionally damaging any real or personal property of another without the consent of the owner of the property.
(c) A person who commits criminal damage to property in the value of under $1,000.00 is guilty of a petty misdemeanor.
(d) Nothing contained in this section shall preclude the city or any other governmental entity from filing a complaint for criminal damage to property owned by it.
Sec. 18-3-2. - Cheating machine or device.
(a) Cheating machine or device consists of any person, with intent to defraud, attempting to operate or causing to be operated any automatic vending machine, parking meter, coinbox telephone, or any machine or receptacle designed to receive lawful money of the United States in connection with the sale, use or enjoyment of property or service, by means of any slug or by any false, counterfeited, mutilated, sweated or foreign coin or by any means, method, trick or device.
(b) A person who commits cheating machine or device is guilty of a misdemeanor.
Sec. 18-3-3. - Improper sale, disposal, removal or concealing of encumbered property.
Improper sale, disposal, removal or concealing of encumbered property consists of any person knowingly and with intent to defraud selling, transferring, removing or concealing or in any manner disposing of any personal property upon which a security interest, chattel mortgage or other lien or encumbrance has attached or been retained, without the written consent of the holder of such security interest, chattel mortgage, conditional sales contract, lien or encumbrance.
(b) A person who commits improper sale, disposal, removal or concealing of encumbered property where the value of such property is $250.00 or less is guilty of a misdemeanor.
Sec. 18-3-4. - Graffiti.
The making of graffiti consists of intentionally defacing or marking any real or personal property of another with graffiti or other inscribed material, inscribed with ink, paint, shoe polish, spray paint, crayon, charcoal or any other material capable of making marks or inscriptions on any surface without the consent of the owner of the property.
(b) A person who commits the making of graffiti is guilty of a misdemeanor punishable as provided in section 1-1-10.
(c) Upon conviction of this offense, the mandatory minimum penalty, none of which can be suspended or deferred, shall include 30 days incarceration, a fine of $500.00, 60 hours community service within a four-month period immediately following conviction, the payment of $75.00 or more to the City of Farmington graffiti education and removal fund, and the payment of restitution to the affected property owner or to the city for damage to property and the cost of removal or restoration.
(d) The city manager shall appoint an antigraffiti coordinator within city government. The antigraffiti coordinator’s primary charge is graffiti eradication in the city. The antigraffiti coordinator shall be a centralized source of education, advice and assistance on the removal and voidance of graffiti as well as the place for the city to collect information on graffiti’s occurrence on both public and private property. The antigraffiti coordinator shall submit monthly reports on the elimination program to the mayor, council, city manager, and chief of police.
(e) Whenever the city becomes aware of the existence of graffiti on any real property, including structures, within the city and visible from the public right-of-way or city-owned land, the antigraffiti coordinator shall give or cause to be given notice that the graffiti should be removed or effectively obscured within 16 calendar days of notice being conveyed by the city, removal being either by the person in charge of the property or by the city or the city’s agent. A reasonable, good-faith effort shall be made to deliver the notice to the owner or person in charge of the property. The owner or person in charge of the property may cause the graffiti to be removed or completely obliterated; if this is that person’s intent, the person should so advise the antigraffiti coordinator within ten calendar days from the time the notice is delivered if the property owner/agent will remove the graffiti within the time specified. Within a similar period, the owner/agent may advise the office that the marking identified was authorized by the owner or person in charge of the property and thus is not graffiti as defined in this section; the city will then not authorize removal.
(f) The antigraffiti coordinator shall implement a program of graffiti removal as follows:
(1) If the owner or person in control of the property does not notify the antigraffiti coordinator that he will remove the graffiti or, alternatively, that it is not graffiti because the installation was authorized as provided in subsection (e) of this section, it will be deemed to be consent to the city to enter onto the property and to remove or to completely obliterate the graffiti. Any color of material used to obliterate shall be similar to that of the structure affected.
(2) The antigraffiti coordinator is authorized to use city employees, contractors, volunteers, prisoners and those ordered by local courts to perform community service for such graffiti removal work.
(g) The antigraffiti coordinator is authorized to ensure that all graffiti on city-owned property is eliminated within seven business days once discovered or reported.
(h) The antigraffiti coordinator shall ensure coordination and shall set standards for all graffiti removal work performed by the city or its agents.
Sec. 18-3-5. - Petit larceny.
It shall be unlawful for any person to steal anything of value which belongs to another, not exceeding $250.00 in value.
Sec. 18-3-6. - Receiving stolen property.
(a) Receiving stolen property consists of buying, procuring, receiving or concealing anything of value, knowing the property to have been stolen or acquired by fraud or embezzlement.
(b) A person who commits receiving stolen property when the value of the property is $250.00 or less is guilty of a misdemeanor.
(c) In any prosecution under this section it shall not be necessary to aver or on the trial thereof to prove that the person who stole such property has been convicted.
Sec. 18-3-7. - Shoplifting.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Merchandise means chattels of any type or description regardless of the value offered for sale in or about a store.
Merchant means any owner or proprietor of any store or any agent, servant or employee of the owner or proprietor.
Store means a place where merchandise is sold or offered to the public for sale at retail.
(b) Shoplifting consists of any one or more of the following acts:
(1) Willfully taking possession of any merchandise with the intention of converting it without paying for it.
(2) Willfully concealing any merchandise with the intention of converting it without paying for it.
(3) Willfully altering any label, price tag or marking upon any merchandise with the intention of depriving the merchant of all or some part of the value of it.
(4) Willfully transferring any merchandise from the container in or on which it is displayed to any other container with the intention of depriving the merchant of all or some part of the value of it.
(c) Any person who willfully conceals merchandise on his person or on the person of another or among his belongings or the belongings of another or on or outside the premises of the store shall be prima facie presumed to have concealed the merchandise with the intention of converting it without paying for it. If any merchandise is found concealed upon any person or among his belongings it shall be prima facie evidence of willful concealment.
(d) If any law enforcement officer, special officer or merchant has probable cause for believing that a person has willfully taken possession of any merchandise with the intention of converting it without paying for it or has willfully concealed merchandise and that he can recover the merchandise by detaining the person or taking him into custody, the law enforcement officer, special officer, or merchant may, for the purpose of attempting to effect a recovery of the merchandise, take the person into custody and detain him in a reasonable manner for a reasonable time. Such taking into custody or detention shall not subject the officer or merchant to any criminal or civil liability.
(e) Any law enforcement officer may arrest without warrant any person he has probable cause for believing has committed the crime of shoplifting. Any merchant who causes such an arrest shall not be criminally or civilly liable if he has probable cause for believing that the person so arrested has committed the crime of shoplifting.
(f) A person who commits shoplifting when the value of the merchandise is $250.00 or less is guilty of a misdemeanor.
Sec. 18-3-8. - Mutilation or destruction of street markers.
It shall be unlawful for any person to mutilate or destroy any street or avenue marker or to mutilate, erase, cover, or destroy, in whole or in part, the name of any street or avenue on any street or avenue marker placed or caused to be placed at the intersection of any street or avenue in the city.
Sec. 18-3-9. - Tampering with motor vehicle.
(a) Tampering with a motor vehicle shall consist of purposefully doing any of the following acts to a motor vehicle belonging to another, without the consent of the owner:
(1) Start it or cause it to start;
(2) Shift or change its starting device or gears;
(3) Scratch or damage the chassis, body, sides, top covering or upholstery;
(4) Cut, mash, mark or, in any other way, destroy or damage any part, attachment, fastening, or appurtenance;
(5) Put any substance or liquid in the radiator, carburetor, oil tank, grease cup, oilers, lamps, gas tank or other opening;
(6) Tighten or loosen any bracket, bolt, wire, nut, screw or other fastening; or
(7) Release the brake or otherwise cause the vehicle to move.
(b) A person who is convicted of tampering with a motor vehicle shall be guilty of a petty misdemeanor and punished as provided in section 1-1-10.
Sec. 18-3-10. - Tampering with or damaging public utilities.
The term “tamper with” as used in this section shall include but not be limited to the performing of any act which if uncorrected would result in any utility customer being billed or charged by such utility for a greater or lesser amount of utility service than actually furnished.
(b) It shall be unlawful for any person to connect or attach any kind of pipe, wire, or other contrivance to any pipe, fire hydrant, line, wire or other conductor or appurtenance thereto carrying gas, water, electricity, television signals, telephone signals, or other conveyances provided by and belonging to a public utility, whether publicly or privately owned, in such a manner as to enable such person to consume or use gas, water, electricity, television signals, telephone signals, or other utility service, without such passing through a meter, without obtaining the proper permit or paying the required fee, or in any other way so as to evade payment for such public utility service.
(c) It shall also be unlawful for any person to damage, molest, tamper with or destroy any pipe, line, wire, meter or any other part of any public utility, including cable television, water, gas, electricity, and telephone and telegraph systems.
(d) If any meter, pipe, line, wire, fixture or other installation or appurtenance thereto provided by a public utility primarily for the purpose of serving a particular account is found to have been tampered with or damaged in violation of this section, the person or other customer whose name appears on the records of the public utility affected as the person who has applied for service or who is otherwise responsible for such account shall be held prima facie responsible for such violation.
Sec. 18-3-11. - Criminal trespass.
a) Criminal trespass consists of knowingly entering or remaining upon the lands of another knowing that such consent to enter or remain is denied or withdrawn by the owner or occupant thereof.
(b) Criminal trespass also consists of knowingly entering or remaining upon lands owned, operated or controlled by the state or any of its political subdivisions, knowing that consent to enter or remain is denied or withdrawn by the custodian thereof.
(c) Any person who enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, is guilty of a misdemeanor.
Sec. 18-3-12. - Other types of trespass.
Any person who enters and remains on the lands of another after having been requested by the owner or authorized agent of the owner to leave is guilty of a misdemeanor.
(b) Any person who enters upon the lands of another when such lands are posted against trespass as specified in section 18-3-13 is guilty of a misdemeanor.
(c) Any person who drives a vehicle upon the lands of another except through a roadway or other apparent way of access, when such lands are fenced in any manner, is guilty of a misdemeanor.
Sec. 18-3-13. - Trespass notice; sign content; posting.
The owner, lessee or person lawfully in possession of real property in the city, except property owned by the state or federal government, desiring to prevent trespass or entry unto the real property shall post notices parallel to and along the exterior boundaries of the property to be posted, at each roadway or other way of access in conspicuous places, and if the property is not fenced such notices shall be posted every 500 feet along the exterior boundaries of such land.
(b) The notices posted shall prohibit all persons from trespassing or entering upon the property without permission of the owner, lessee, person in lawful possession or his agent. The notice shall:
(1) Be printed legibly in English;
(2) Be at least 144 square inches in size;
(3) Contain the name and address of the person under whose authority the property is posted or the name and address of the person who is authorized to grant permission to enter the property;
(4) Be placed at each roadway or apparent way of access into the property, in addition to the posting of the boundaries; and
(5) Where applicable, state any specific prohibition that the posting is directed against, such as “no trespassing,” “no hunting,” “no fishing,” “no digging,” or specific hours during which permission to enter is denied or any other specific prohibition.
Sec. 18-3-14. - Wrongful entry of public facility.
As used in this section the term “public facility” means any building, structure or enclosure used for a public purpose or as a place of public gathering owned or under the control of the state or one of its political subdivisions or a religious, charitable, educational or recreational association.
(b) Wrongful entry of a public facility consists of knowingly entering any public facility without permission of the lawful custodian, when the facility is not open to the public.
(c) A person who commits wrongful entry of a public facility is guilty of a petty misdemeanor.
Sec. 18-3-15. - Trespass—Unlawful use or occupancy of public property, public vehicle or public facility.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Public facility means any public building, structure, ground or enclosure used for public purposes or as a place for public gathering owned or under the control of the city, the state or one of its political subdivisions or a religious, charitable, educational or recreational association.
Public property includes both real and personal property, including but not limited to chattels, records and equipment owned or under the control of the city, the state or one of its political subdivisions or a religious, charitable, educational or recreational association.
Public vehicle means any vehicle, including but not limited to trucks, cars, aircraft, police units, fire trucks, emergency vehicles, utility vehicles, tractors, etc., owned or under the control of the city, the state or one of its political subdivisions or a religious, charitable, educational or recreational association;
(b) Trespass—unlawful use or occupancy of public property, public vehicle or public facility consists of any person doing any one or more of the following acts:
(1) Willfully and knowingly using, occupying or refusing to leave any public property, public vehicle or public facility in violation of any provision of this Code or regulations promulgated and approved by the city council where notice of the appropriate regulation so approved has either been conspicuously posted or has been delivered, communicated or made known to any such person.
(2) Willfully and knowingly obstructing any entrance or passageway leading to or from or passing through or within any public property, public vehicle or public facility so as to interfere with the rights of others entitled to the use thereof.
(3) Willfully and knowingly depriving any city agent, employee or official; any government agent, employee or official; or the general public of the intended or customary use of any public property, public vehicle or public facility without a prior permit.
(c) A person who commits trespass—unlawful use or occupancy of public property, public vehicle or public facility is guilty of a petty misdemeanor.
Sec. 18-3-16. - Unlawful removal of effects.
Unlawful removal of effects consists of any person removing or causing to be removed any baggage or effects from any hotel, motel, trailer park, inn, rented dwelling or boardinghouse while there is a lien existing thereon for the proper charges due for fare or board furnished from such hotel, motel, trailer park, inn, rented dwelling or boardinghouse and where the owner or person in possession of such baggage or effects is given actual notice of the fact of such lien or where a notice of such lien has been conspicuously posted upon the premises adjacent to such baggage or effects, giving notice of the fact of such lien and the amount thereof.
(b) A person who commits unlawful removal of effects is guilty of a petty misdemeanor.
Sec. 18-4-1. - Disorderly conduct.
Disorderly conduct consists of:
(1) Engaging in violent, abusive, quarrelsome, unreasonably loud or otherwise disorderly conduct or shouting which disturbs or tends to disturb the public peace;
(2) Maliciously disturbing, threatening or, in an insolent manner, intentionally touching any house or vehicle occupied by any person;
(3) Inciting, causing, aiding, abetting or assisting in creating any riot, affray or disturbance at or within any dwelling or building, whether public or private, or at any other public place in the city;
(4) Using in any public place or any place of business obscene, indecent, profane, challenging or other words which are inherently likely to provoke an immediate violent reaction in an average person; or
(5) Using in any public place or place of business lewd, obscene or indecent language toward or with reference to another person when the language by its utterance tends to inflict injury on another.
(b) A person who commits disorderly conduct is guilty of a misdemeanor.
