ORDINANCE NUMBER 16-10858
AN ORDINANCE AMENDING SALINA CODE SECTION 25-91 PERTAINING TO THEFT AND SALINA CODE SECTION 25-92 PERTAINING TO INTENT TO PERMANENTLY DEPRIVE AND REPEALING EXISTING SECTIONS 25-91, 25-92, 25-94, AND 25-101.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Amendment. Section 25-91 of the Salina Code is amended to read as follows:
Sec. 25-91. Theft.
(a) Theft is any of the following acts done with the intent to permanently deprive the owner of the possession, use or benefit of the owner’s property or services.
(1) Obtaining or exerting unauthorized control over property or services;
(2) Obtaining control over property or services by deception;
(3) Obtaining control over property or services by threat;
(4) Obtaining control over stolen property or services knowing the property or services to have been stolen by another; or
(5) Knowingly dispensing motor fuel into a storage container or the fuel tank of a motor vehicle at an establishment in which motor fuel is offered for retail sale and leaving the premises of the establishment without making payment for the motor fuel.
(b) Theft of property or services of the value of less than $1,500 is a Class A violation, except as provided below.
(1) Property of the value of less than $1,500 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 is a severity level 9, nonperson felony;
(2) Property of the value of at least $50 but less than $1,500 is a severity level 9, nonperson felony if committed by a person who has, within five years immediately preceding commission of the crime, excluding any period of imprisonment, been convicted of theft two or more times; and
(3) Property which is a firearm of the value of less than $25,000 is a severity level 9, nonperson felony. (K.S.A. Supp. 21-5801)
(c) As used in this section:
(1) Conviction or convicted includes being convicted of a violation of K.S.A 21-3701, prior to its repeal, this section or a municipal ordinance which prohibits the acts that this section prohibits;
(2) Regulated scrap metal means the same as in K.S.A. 50-6,109, and amendments thereto; and
(3) Value means the value of the property or, if the property is regulated scrap metal, the cost to restore the site of the theft of such regulated scrap metal to its condition at the time immediately prior to the theft of such regulated scrap metal, whichever is greater.
Section 2. Amendment. Section 25-92 of the Salina Code is amended to read as follows:
Sec. 25-92. Intent; Permanently Deprive.
(a) In any prosecution under this article, the following shall be prima facie evidence of intent to permanently deprive the owner or lessor of property of the possession, use or benefit thereof:
- The giving of a false identification or fictitious name, address or place of employment at the time of buying, selling, leasing, trading, gathering, collecting, soliciting, procuring, receiving, dealing or otherwise obtaining or exerting control over the property.
- The failure of a person who leases or rents personal property and fails to return the same within 10 days after the date set forth in the lease or rental agreement for the return of the property, if notice is given to the person renting or leasing the property to return the property within seven days after receipt of the notice, in which case the subsequent return of the property within the seven-day period shall exempt such transaction from consideration as prima facie evidence as provided in this section;
- Destroying, breaking or opening a lock, chain, key switch, enclosure or other device used to secure the property in order to obtain control over the property;
- Destruction of or substantially damaging or altering the property so as to make the property unusable or unrecognizable in order to obtain control over the property;
- The failure of a person who leases or rents from a commercial renter a motor vehicle under a written agreement that provides for the return of the motor vehicle to a particular place at a particular time, if notice has been given to the person renting or leasing the motor vehicle to return such vehicle within three calendar days from the date of the receipt or refusal of the demand. In addition, if such vehicle has not been returned after demand, the lessor may notify the local law enforcement agency of the failure of the lessee to return such motor vehicle and the local law enforcement agency shall cause such motor vehicle to be put into any appropriate state and local computer system listing stolen motor vehicles;
- The failure of a person who is provided with a use of a vehicle by the owner of the vehicle to return it to the owner pursuant to a written instruction specifying:
(A) The time and place to return the vehicle; and
(B) That failure to comply may be prosecuted as theft, and such instructions are delivered to the person by the owner at the time the person is provided with possession of the vehicle. In addition, if such vehicle has not been returned pursuant to the specifications in such instructions, the owner may notify the local law enforcement agency of the failure of the person to return such motor vehicle and the local law enforcement agency shall cause such motor vehicle to be put into appropriate state and local computer system listing stolen motor vehicles;
(7) Removing a theft detection device, without authority, from merchandise or disabling such device prior to purchase; or
(8) Under the provisions of subsection (a)(5) of section 25.91 the failure to replace or reattach the nozzle and hose of the pump used for the dispensing of motor fuels or placing such nozzle and hose on the ground or pavement.
(b) In any prosecution in which the object of the alleged theft is a book or other material borrowed from a library, it shall be prima facie evidence of intent to permanently deprive the owner of the possession, use or benefit thereof if the defendant failed to return such book or material within 30 days after receiving notice from the library requesting its return, in which case the subsequent return of the book or material within the 30-day period shall exempt such transaction from consideration as prima facie evidence as provided in this section.
(c) In prosecution for theft as defined in Section 25.91, and such theft is of services, the existence of any of the connections of meters, alterations or use of unauthorized or unmeasured electricity, natural gas, water, telephone service or cable television service, caused by tampering, shall be prima facie evidence of intent to commit theft of services by the person or persons using or receiving the direct benefits from the use of the electricity, natural gas, water, telephone service or cable television service passing through such connections or meters, or using the electricity, natural gas, water, telephone service or cable television service which has not been authorized or measured.
(d) In prosecution for theft as defined in Section 25.91, and such theft is of regulated scrap metal as defined in K.S.A. 50-6,109, and amendments thereto, either in whole or in part, the failure to give information or the giving of false information to a scrap metal dealer pursuant to the requirements of the scrap metal theft reduction act, the transportation of regulated scrap metal outside the county from where it was obtained, the transportation of regulated scrap metal across state lines or the alteration of any regulated scrap metal prior to any transaction with a scrap metal dealer shall be prima facie evidence of intent to permanently deprive the owner of the regulated scrap metal of the possession, use or benefit thereof.
(e) As used in this section:
(1) Notice means notice in writing and such notice in writing will be presumed to have been given three days following deposit of the notice as registered or certified matter in the United States mail, addressed to such person who has leased or rented the personal property or borrowed the library material at the address as it appears in the information supplied by such person at the time of such leasing, renting or borrowing, or to such person’s last known address; and
(2) Tampering includes, but is not limited to:
(A) Making a connection of any wire, conduit or device, to any service or transmission line owned by a public or municipal utility, or by a cable television service provider;
(B) Defacing, puncturing, removing, reversing or altering any meter or any connections, for the purpose of securing unauthorized or unmeasured electricity, natural gas, water, telephone service or cable television service;
(C) Preventing any such meters from properly measuring or registering;
(D) Knowingly taking, receiving, using or converting to such person’s own use, or the use of another, any electricity, water or natural gas which has not been measured; or any telephone or cable television service which has not been authorized; or
(E) Causing, procuring, permitting, aiding or abetting any person to do any of the preceding acts. (K.S.A. Supp. 21-5804)
Section 2. Repealer. Existing Salina Code Sections 25-91, 25-92, 25-94 and 25-101 are repealed.
Section 3. Effective. This ordinance shall be in full force and effect from and after its adoption and publication in the official city newspaper once by the following summary.
Ordinance No. 16-10858 Summary
On September 12, 2016, the City of Salina, Kansas, passed Ordinance No. 16-10858. The ordinance amends the Salina Code Sec. 25-91 pertaining to theft and Sec. 25-92 pertaining to intent to permanently deprive. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney.
Introduced: September 12, 2016
Passed: September 12, 2016
Kaye J. Crawford, Mayor
Shandi Wicks, CMC, City Clerk
Certification of Publication Summary:
Greg Bengtson, City Attorney