Ord 48 Prohibiting TheftORDINANCE NO. _/1 S
VILLAGE OF MENDOTA HEIGHTS
M&M County, Minnesota
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AN ORDINANCE DEFINING AND PROHIBITING THEFT AND
PROVIDING A PENALTY FOR VIOLATION THEREOF.
The Village Council of the Village of Mendota Heights ordains
as follows:
Section 1. As used in this ordinance, the following terms shall
mean:
A. "Property" means all forms of tangible property, .
whether real or personal, without limitation, including
documents of value, electricity, gas, water, domestic
animals, dogs, pets, fowl, and heat supplied by pipe or
conduit by municipalities or public utility companies.
B. "Movable property" is property whose physical loca-
tion can be changed, including without limitation things
growing on, affixed to, or found in land.
C. "Property of another" includes property in which the
accused is co -owner or has a lien, pledge, bailment or
lease, or other subordinate interest, and property of a
partnership of which the accused is a member unless the
accused and the victim are husband and wife. It does
not include property in which the accused asserts in good
faith a claim as a collection fee or commission on a
property or funds recovered or by virtue of a lien set-
off or counterclaim. It shall include property in which
a person other than the accused has an interest which
the accused has no right to defeat or impair.
Q. "Motor vehicle" means any self - propelled device for
moving persons or property or pulling implements from one
place to another, whether such device is operated on land,
rails, water or in the air.
Section 2. Whoever does any of the following acts shall be deemed
to have committed theft:
A. Intentionally and without claim of right, takes,
uses, transfers, conceals or retains possession of
property, including movable property of another without
his consent and with intent to deprive the owner perma-
nently of possession of such property, or
B. Having a legal interest in property, including
movable property, intentionally and without consent,
takes such property out of the possession of a, pledgee
or other person having a superior right of possession
with intent thereby to deprive the pledgee or other
Person permanently of the possession of such property, or
C. Obtains for himself or another the possession,
custody or title to property of a third person by inten-
tionally deceiving.him with a false representation which
is known to be false, made with intent to defraud and
which does defraud the person to whom it is made. "False
representation" includes without limitation:
i. The issuance of a check, draft or order
for the payment of money or the delivery of
property knowing that he is not entitled to
draw upon the drawee thereof, or to order
the payment or delivery thereof, or
ii. A promise made with intent not to per-
form, or
iii. The unauthorized use of a credit card,
credit plate, charge plate, or other identi-
fication device issued by an organization to
a person for use in purchasing goods on
credit, or
D. Finds lost property, and, knowing or having reason-
able means of ascertaining the true owner, appropriates
it to his own use or to that of another not entitled
thereto without first having made reasonable effort to
find the owner and offer and surrender the property to
him.
Section 3. Any person who shall commit an act of theft as here -
inabove defined in this ordinance, shall be guilty of a misde-
meanor and, upon conviction therefor, shall be punished by a fine
of not to exceed $100, or by imprisonment for not to exceed 90
days.
Enacted and ordained this
ATTEST:
Cl rk
day of _ , 1964.
THE VILLAGE OF MENDOTA HEIGHTS
!) r
By
Mayor