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HomeMy WebLinkAbout1162_Part 10 Ch 2 &4 Section 10-201, 10-424, 10-417, 10-425, 10-415_amending Petit Larceny and other FraudTulsa County Clerk - Michael Willis Doc p 2020016743 Page(s): 3 3:•' 02/24/2020 11:12:29 AM Receipt p 20 -10398 oktnHOMP* Fee: $ 22.00 ORDINANCE NO. 1162 AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 2, OFFENSES AGAINST PROPERTY, AND CHAPTER 4, OFFENSES AGAINST THE HEALTH, WELFARE AND MORALS, OF THE CODE OF ORDINANCES, CITY OF OWASSO, OKLAHOMA, AMENDING SECTION 10 -201, PETIT LARCENY PROHIBITED; AMENDING SECTION 10 -424 , EMBEZZLEMENT PROHIBITED; AMENDING SECTION 10 -417, DEFRAUDING HOTELS, RESTAURANTS, AND OTHER SERVICE PROVIDERS; AMENDING SECTION 10 -425, OBTAINING PROPERTY BY TRICK OR DECEPTION, FALSE REPRESENTATION, OR PRETENSE; REPEALING SECTION 10 -415, HARMFUL DECEPTION; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA THAT TO WIT: SECTION ONE (1): Section 10 -201 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 10 -201 PETIT LARCENY PROHIBITED A. Petit larceny is the taking of personal property of value less than $1,000.00, accompanied by fraud or stealth and with the intent to deprive another thereof, provided that it does not include the taking of such property from the person of another. B. Petit larceny is unlawful, and any person who commits petit larceny shall be guilty of a misdemeanor and shall be punished by a fine of not less than $10.00 or more than $500.00, or by imprisonment of not more than 60 days, or both such fine and imprisonment. SECTION TWO (2): Section 10 -424 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 10 -424 EMBEZZLEMENT PROHIBITED A. It shall be unlawful for any person to knowingly embezzle money, property, or anything of value from any other person, corporation or legal entity. Any person who commits embezzlement shall be guilty of a misdemeanor and shall be punished by a fine of not more than $750.00, or by imprisonment of not more than 60 days, or by both such fine and imprisonment. B. Embezzlement is defined as the fraudulent appropriation of money or property of value less than $1,000.00, owned by any person, corporation or legal entity, for any use or purpose not intended or authorized by its owner, or the concealment of the property with the fraudulent intent to appropriate it to such use or purpose. Embezzlement does not require a distinct act of taking, but only a fraudulent concealment, appropriation, conversion, or use of the property. Ordinance 1162 Page 1 of 3 SECTION THREE (3): Section 10 -417 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 10 -417 DEFRAUDING HOTELS RESTAURANTS AND OTHER SERVICE PROVIDERS A. It shall be unlawful for any person to obtain food, lodging, services, or other accommodations at any hotel, inn, restaurant, boarding house, rooming house, motel, apartment house, apartment, rental unit, or other service provider with the intent to defraud the owner or keeper thereof, of a value less than $1,000.00. Proof that the lodging, food, services, or other accommodations were obtained by false pretense or by false or fictitious show, or that a check was given where payment was refused, or that the person left the hotel, inn, restaurant, boarding house, rooming house, motel, apartment house, apartment, rental unit, or other service provider without payment or offering to pay for such food, lodging, services or other accommodation, shall be prima facie proof of the intent to defraud. Provided that this section shall not apply where there has been an agreement in writing for delay in payment. B. Any person who violates this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than $500.00, or by imprisonment of not more than 60 days, or by both such fine and imprisonment. SECTION FOUR (4): Section 10 -425 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 10 -425 OBTAINING PROPERTY BY TRICK OR DECEPTION FALSE REPRESENTATION OR PRETENSE A. It shall be unlawful for any person, with the intent to cheat and defraud, to obtain or attempt to obtain from any person, firm, or corporation any money, property or valuable thing, of a value less than $1,000.00, by means or by use of any trick or deception, or false or fraudulent representation or statement or pretense, or by any other means or instruments or device commonly called the "confidence game," or by means or use of any false or bogus checks, or by any other written or printed or engraved instrument or spurious coin. B. Any person who violates this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than $750.00, or by imprisonment of not more than 60 days, or by both such fine and imprisonment. SECTION FIVE (5): REPEALER Section 10 -415 pertaining to Harmful Deception shall be repealed in its entirety. SECTION SIX (6): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid, or ineffective, the remaining portion shall not be affected, but shall remain in full force and effect. SECTION SEVEN (7): CODIFICATION This ordinance shall be codified in Part 10, of the Owasso Code of Ordinances. SECTION EIGHT (8): REPEALER That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. Ordinance 1162 Page 2 of 3 SECTION NINE (9): FILING OF ORDINANCE That there be filed in the office of the County Clerk of Tulsa County,. Oklahoma, a true and correct copy of this Ordinance. SECTION TEN (10): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. -- -DVED and ADOPTED thisy8th day of February, 2020. Chris Kelley, Mayor Approved as to form and legality: GW Julie Vnbardi, City Attorney Ordinance 1162 Page 3 of 3 l 1 Weekly Group r. CITY OF OWASSO /LEGALS Attn Julie Stevens PO BOX 180 OWASSO, OK 74055 Owasso Reporter • Sand Springs Leader Skiatook Journal Wagoner County American - Tribune OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Account Number 1015023 Date February 26, 2020 Date Category Description Ad Size Total Cost 02/26/2020 Legal Notices ORDINANCE NO. 1162 2 x 138.00 CL 176.64 625,140 Published In the Owasso Reporter, Owasso, Tulsa Coun- ty, Oklahoma, February 26, 2020. ORDINANCE NO, 1162 OW, THEREFORE, BE IT ORDAINED BY THE CITY DUNCIL OF THE CITY OF OWASSO, OKLAHOMA HAT TO W IT, cCTION ONE (1): section 10 -201 of the Code of Ordl- :nces Of the City- of Owasso, Oklahoma, Is hereby or N. Ir snan ce unlaWmt tar any Person embezzle money, Property, or anything any other person, corporation or legal enl son who commits embezzlement shall be g demeanor and shall be Punished by a fine of $710.00, or by imprisonment of not more th by both such fine and imprisonment. B. Embezzlement Is defined as the froudul tion of money or Property of value less t owned by any Person, corporation or 1% any use or purpose not Intended or Putt owner, or the coneeaiment of the Prow fraudulent Intent to appropriate It to sue pose. Embezzlement does not require a I taking, but only a fraudulent concealmel tlon, conversion, or use of the Property. :CTION THREE (3): Section 10417 of th lances of the City of Owasso, Oklahon tended to read as follows: RANTS. AND OTHER SERVICE PROVII A. It shall be unlawful for any person h lodging, services, or other accommodafic tel, Inn, restaurant, boarding house, to motel, apartment house, apartment, re other service provider with the Intent V owner or keeper thereof, of a value less tl Proof that the lodging, food, Services, or modaffons were obtained by false areten or fictitious show, or that a check was Payment was refused, or that the Person Inn, restaurant, boarding house, reaming apartment house, apartment, rental unit, or Provider without payment or offering to pay Affidavit of Publication I Melissa Marshall of lawful age, being duly sworn, am a legal representative of the Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa County, Oklahoma, a legal newspaper qualified to publish legal notices, as defined in 25 O.S. § 106 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publication. That said notice, a true copy of which is attached hereto, was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the DATE(S) LISTED BELOW video 02/26/2020 from com- Newspaper reference: 0000629540 :mmr no.Do more / Oral- iF?.,al Representative or Sworn to and subscribed before me this date: b; FEB 2 6 2026 or Its he jr- of ia- I ij' Notary Public hr- �J My Commission expires: DEC 0 6 snail Pe prima led that this sec- his thing, of a value less than $I,M,M, by means or by use of any trick or deception, or false or fraudulent representa. on agreement in tlon or statement or Pretense, or by any other means or In- be guilty struments or device commonly called the 'confidence floe of not more game,- or by means or use of any false or bogus checks, I more 1 more than 60 or by any other written or printed or engraved Instrument or spurious coin. ie Cade of Ordl• B. Any person who violates this section shall be guilty of a me, Is hereby misdemeanor and shall be Punished by a fine of not ,,.,,,e + ,. vcn m_ ..r r.,, b.,.,ne,. mans M n„t mire A. It shall be unlawful for any Person, with the Intent to cheat and defraud, to obtain or attempt to obtain from any Person, firm, or Corporation any money, Property or voluo- Deception shall be SECTION SEVEN (7): CODIFICATION This ordinance shall be codified In Part 10, of the Owasso Code of ordinances. SECTION EIGHT (9): REPEALER That all ordinances or parts of ordinances In conflict herewith be, and the some are hereby expressly re- SECTION NINE (9): FILING OF ORDINANCE That there be filed In the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. SECTION TEN (10): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thlrty (30) days from the date of final passage as Provid- ed by state law. PASSED AND APPROVED this 10th day of February, 2020. A°4 d1� K7:1fyIlaMayM Meyene, city Clark Approved as to form and legality: /s/ Julie Lombardi, City Attorney s� ozp".. p[tcr HE4L Cammunily TO: The Honorable Mayor and City Council FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Ordinance 1159 Amending Part 3, Alcoholic Beverages, of the Owasso Code of Ordinances, and Ordinances 1160, 1161, and 1162 Amending Part 10, Offenses and Crimes, of the Owasso Code of Ordinances DATE: February 14, 2020 The Oklahoma Legislature has made numerous changes to state statutes governing alcohol, controlled dangerous substances and various criminal offenses over the past few years. As a result of those changes, staff recommends the following amendments to the Owasso Code of Ordinances to comply with state law. Ordinance 1159 Sections 3- 108.3 -1 1 1, 3-114, 3 -115.3 -116 and 3 -117 This ordinance provides that certain alcohol establishments may employ, under certain circumstances, persons who are eighteen (18) years of age, as well as musicians who are less than eighteen (18) years of age who have parental permission. This ordinance additionally regulates the transport of alcoholic beverages in a vehicle, the consumption of spirits (alcohol other than beer or wine) in public, misrepresentation by a person of his or her age to obtain alcohol, possession or consumption of alcohol by a minor and furnishing alcohol to a person less than twenty -one (21) years of age. Ordinance 1160 Sections 10 -401 and 10 -401.1 This ordinance establishes that it shall be unlawful for any person to be intoxicated in public and disturb the peace of any person. The ordinance further provides that assistance may be provided to an intoxicated person needing help, and that such a person may be assisted to their home or to an appropriate facility. Ordinance 1161 Sections 10-402,10-403 and 10 -403.1 This ordinance defines a controlled dangerous substance within the Owasso Code of Ordinances and provides penalties for possession of such substances. This ordinance additionally incorporates and adopts new state law regarding the possession of medical marijuana. Ordinance 1162 Sections 10 -201, 10 -424, 10 -417 and 10 -425, repealing 10 -415 This ordinance amends the value of property taken in the Petit larceny, Embezzlement, Defrauding Hotels, Restaurants and Other Service Providers and Obtaining Property by Trick or Deception, False Representation, or Pretense sections of the Code of Ordinances. This ordinance additionally repeals 10 -415, Harmful Deception, because the law contained therein is adequately addressed in other sections of the Code. RECOMMENDATION: Staff will recommend adoption of proposed Ordinance 1159 amending Chapter 1, Alcoholic Beverages; Taxation and Regulation, of Part 3, Alcoholic Beverages, of the Owasso Code of Ordinances. Staff will further recommend adoption of proposed Ordinances 1160 and 1161 amending Chapter 4, Offenses against the Health, Welfare and Morals, of Part 10, Offense and Crimes, of the Owasso Code of Ordinances. Staff will additionally recommend adoption of Ordinance 1162 amending Chapter 2, Offenses against Property, and Chapter 4, Offenses against the Health, Welfare and Morals, of Part 10, Offenses and Crimes, of the Owasso Code of Ordinances. ATTACHMENTS: Proposed Ordinances 1159, 1160, 1161, and 1 162