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HomeMy Public PortalAboutOrd 412 Amend Unif Pub Offens (First Published in th~~ r~ on the ~ day of (),lt~ A V ,2004.) THE CITY OF BEL AIRE, KANSAS ORDINANCE NO. ~ J ;J.. AN ORDINANCE REGULATING PUBLIC OFFENSES WITHIN THE CORPORATE LIMITS OF THE CITY OF BEL AIRE, KANSAS BY AMENDING ORDINANCE NUMBER 377 WHICH INCORPORATES BY REFERENCE THE "UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES." BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section 1. Amending Section 6.1 of the "Uniform Public Offense Code for Kansas Cities" Section 6.1 of the "Uniform Public Offense Code for Kansas Cities," as adopted by Ordinance 377 is amended to read as follows: 6.1 THEFT. Theft is any of the following acts done with the intent to deprive the owner permanently of possession, use or benefit of the owner's property: (a) Obtaining or exerting unauthorized control over property; (b) Obtaining by deception control over property; (c) Obtaining by threat control over property; or (d) Obtaining control over stolen property knowing the property to have been stolen by another. (K.S.A. Supp. 21-3701) Theft of property of the value of less than $1000 is a Class A violation except: (1) when the person has, within five years immediately preceding commission of the offense, been convicted of theft two or more times; or (2) theft of property regardless of the value from three separate mercantile establishments within a period of 72 hours as part of the same act or transaction or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct, in which case it is a felony under state statute. Conviction of a violation of a municipal ordinance prohibiting acts which constitute theft as defined by this section shall be considered a conviction of theft for the purpose of determining the number of proper convictions and the classification of the crime under this section. 1 Theft of services of the value of less than $1000 is a Class A violation." Section 2. Amendinq Section 6.4 of the "Uniform Public Offense Code for Kansas Cities" Section 6.4 of the "Uniform Public Offense Code for Kansas Cities," as adopted by Ordinance 377 is amended to read as follows: 6.4 THEFT OF SERVICES. Theft of services is obtaining services from another by deception, threat, coercion, stealth, tampering or use of false token or device. Services within the meaning of this section, includes, but is not limited to, labor, professional service, cable television service, public or municipal utility or transportation service, telephone service, lodging, entertainment and the supplying of equipment for use. (K.S.A. Supp. 21- 3704)" Section 3. Effective Date This Ordinance shall take effect and be in force from and after its publication in the official city newspaper. Passed by the City Council this 6th day of July, 2004. Approved by the Mayor this 6th day of July, 2004. '.'J!N;~~;t\i.:~~.~' " i f../ r,' \ r ;.,:, t. ~/ 'o' 1 ,r. fr,_, ,"'_' I,.' It'" i', ....... ""iI' -,"" \ '_" '.,.,.. : Iff"')'" ! \l(J i \ i < i \. I I .., ~ .--- ell r. I r '.OJ ..... ~'-r" r '~.. It f, ! wi .'>..' ..~ '1./ IE S fl 0 r . il'~~" :.~/ \~!f II r , U r . ' r,.!./- '. ~ C) A'r oJ h~'T . .....- . '" '/t' ~\'\ ,- "I' &;0- MAYO , ARY O'NEAL ~o<'4 CITY CLE K, SHERRYL L. CUTTER 2