Chapter 7.40
DESTRUCTION OF PROPERTY

Sections:

7.40.010    Destruction of official notices and signs.

7.40.020    Criminal mischief.

7.40.030    Taking, retention or mutilation of public records.

7.40.040    Criminal trespass.

7.40.010 Destruction of official notices and signs.

No person shall willfully deface or tear down any official notice or bulletin or any official sign or signal posted or placed in conformity with the law. (Ord. 2823 § 30, 1958).

7.40.020 Criminal mischief.

(1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so or reasonable grounds to believe that he/she has such right, he/she tampers or interferes with property of another.

(2) A person commits the crime of criminal mischief in the second degree if he/she commits the crime defined in subsection (1) and in addition thereto the damages to the property are in an amount exceeding $100.00 or having no right to do so or no reasonable grounds to believe that he/she has such right, he/she intentionally damages property of another in any amount, or he/she recklessly damages property of another in an amount exceeding $100.00. (Ord. 5026 § 1, 1993; Ord. 3667 § 1, 1972; Ord. 2823 § 31, 1958).

7.40.030 Taking, retention or mutilation of public records.

(1) No person shall without proper authority take or remove any public record, document, book, paper or personal property of any kind owned by the City.

(2) No person without proper authority shall mutilate or destroy any public record, document, book, or paper on file or kept on record in any public office of the City.

(3) No person shall retain any public record, document, book or paper after lawful demand has been made for the return thereof. (Ord. 2823 § 33, 1958).

7.40.040 Criminal trespass.

(1) A person commits the crime of criminal trespass if he/she enters or remains unlawfully in or upon premises.

(2) For the purpose of this section, the following definitions shall apply:

(a) “Enter or remain unlawfully” means:

(i) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public or when entrant is not otherwise licensed or privileged to do so; or

(ii) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge;

(b) “Open to the public” means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain was required;

(c) “Premises” includes any building and any real property, whether privately or publicly owned;

(d) “Person in charge” means a person, his/her representative or his/her employee who has lawful control of premises by ownership, tenancy, official position, or other legal relationship. It includes, but is not limited to the person, or holder of a position, designated as the person or position-holder in charge by City Council, board, commission or governing body of any political subdivision of the State. (Ord. 5026 § 1, 1993; Ord. 3603 § 11, 1972; Ord. 3160 § 1, 1964; Ord. 2823 § 61, 1958).