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Home My WebLink About890_Part 10 Ch 4_Prohibiting Embezzlement of Money or PropertryTulsa County Clerk- EARLENE WILSON Doc # 2007042440 Pages 2 Receipt # 920353 04/20/07 11:12:53 Fee 15.00 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 890 AN ORDINANCE RELATING TO NSPART HE OFFENSES & CRIMES, AND CHAPTER 4, OFFENSES A MORALS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY PROHIBITING THE EMBEZZLEMENT OF MONEY OR PROPERTY FROM ANY PERSON OR LEGAL ENTITY. THIS ORDINANCE AMENDA�PAR BY DING OWASSO CODE OF ORDIN A NEW SECTION TO BE CODIFIED AS SECTION 10 -424, EMBEZZLEMENT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part Ten, Offenses & Crimes, Chapter Four, Offenses Against the Health, Welfare and Morals, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying as follows: SECTION 10 -424 EMBEZZLEMENT SECTION TWO (2): 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. B. Embezzlement is defined as the fraudulent appropriation of money or property 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. (State Law Reference: Definition of Embezzlement 21 O.S. §1451(A)) 'SECTION THREE (3): REPEALER A. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): SEVERABILITY B. 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 FIVE (5): DECLARING AN EFFECTIVE DATE C. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SIX (6): CODIFICATION D. The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be codified in Part 10, Chapter 4, as section 10 -424. PASSED by the City Council of the City of Owasso, Oklahoma the 7`h da of A ri , 2007. Stephen ataudella, Mayor Sherry Bis Clerk OF OFFICIAL SEAL and legality this day of 2007. City Attorney PUBLISHER'S AFFIDAVIT PUBLICATION DATE(S) 04/24/07 CASE NUMBER: ORD NO. 890 AD NUMBER: 00029350 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa SS I, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a daily newspaper of general circulation in Tulsa, Oklahoma, a newspaper quali- fied to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. 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 ABOVE LISTED DATE(S) Representative Signature Subscribed to and sworn to me this 25th day of April, 2007. Notary Public N CY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF OWASSO NANCY CAROL MOORE Publisher's Fee: 62.85 Notary Public - State of Oklahoma Tulsa County My Commission Expires December 8, 2010 Commission # 06011684 29350 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, April 24, 2007 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 890 AN ORDINANCE RELATING TO PART 10, OFFENSES & CRIMES, CHAPTER 4, OFFENSES AGAINST THE HEALTH, WELFARE AND MORALS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY PROHIBITING THE EMBEZZLEMENT OF MONEY OR PROPERTY FROM ANY PERSON OR LEGAL ENTITY. THIS ORDINANCE AMENDS PART 10, CHAPTER 4, OF THE CITY OF OWASSO CODE OF ORDINANCES BY ADDING A NEW SECTION TO BE CODIFIED AS SECTION 10 -424, EMBEZZLEMENT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWAS- SO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part Ten, Offenses & Crimes, Chapter Four, Offenses Against the Health, Welfare and Morals, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying as follows: SECTION 10-424 EMBEZZLEMENT SECTION TWO (2): A. It shall be unlawful for any person to, knowingly embezzle money, property or anything of value from any other person, cor- poration or legal entity. B. Embezzlement is defined as the fraudulent appropriation of money or property owned by any person, corporation or legal enti- ty, 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. (State Law Reference: Definition of Embezzlement 21 O.S. 1451(A)) SECTION THREE (3): REPEALER A. All ordinances, or parts of ordinances, in conflict with this ordi- nance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): SEVERABILITY B. If any part or parts of this ordinance are deemed unconstitu- tional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FIVE (5): DECLARING AN EFFECTIVE DATE C. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SIX (6): CODIFICATION D. The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be codified in Part 10, Chapter 4, as section 10 -424. PASSED by the City Council of the City of Owasso, Oklahoma on the 17th day of April, 2007. /s/ Stephen Cataudella, Mayor ATTEST: /s/ Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality: /s/ Julie Lombardi, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: ADOPTION OF MONEY BY TRICK OR DECEPTION AND EMBEZZLEMENT ORDINANCES DATE: APRIL 12, 2007 BACKGROUND The Chief of Police and several police officers have recommended that the City adopt ordinances covering the obtaining of money by trick or deception and embezzlement. These requests have been made 1) in an effort to align our local code of ordinances with statutory state law, 2) to enable and authorize prosecution of selected offenses within the City of Owasso's Municipal Court System rather than by referral to the District Attorney for prosecution in the District Court of Tulsa County, and 3) to better enable the Owasso Police Department in its efforts to provide law enforcement services. Officers within the department have noted areas of law enforcement in which the Owasso Code of Ordinances is either silent or insufficiently comprehensive. In an effort to resolve these omissions and disparities within our Code, enactment of the ordinances discussed below is recommended. Adoption of the proposed ordinances would allow offenders to be prosecuted within our Municipal Court rather than requiring that the matter be forwarded to the Tulsa County District Attorney. While the police department has authority to issue citations or make arrests for violations of state statutes, including those discussed below, the matter cannot be prosecuted, absent an ordinance, within Owasso's Municipal Court System. This issue is of importance because the District Attorney has declined to prosecute various offenses in a number of instances, thereby leaving the Owasso Police Department without an alternative avenue of prosecution. The Department has been hampered in its efforts to prevent certain types of conduct because the Owasso Code of Ordinances does not directly address or prohibit the conduct, and the District Attorney is reluctant to prosecute these types of matters due to time, personnel and money constraints, as well as overcrowded dockets within the State court system. As a result, officers within our department are unable to effectively enforce the law. In addition to these concerns, officers are at times unable to issue valid and justifiable citations because the Owasso Code of Ordinances does not contain an on -point ordinance. In that instance, the department is faced with the choice of either declining to issue a citation, or citing the offender for an offense which is "close to" the offending conduct but which does not precisely prohibit the offender's actions. Prosecution under a "close to" offense consistently is subject to dismissal within the court system and thereby inhibits and obstructs the department's efforts to provide effective law enforcement services. DISCUSSION OF ORDINANCES A. Section 10 -423 Obtaining Money by Trick or Deception False Representation or Pretense The language within this proposed ordinance is taken almost verbatim from the corresponding state statute, and would allow the City to prosecute offenses of this type wherein the merchandise obtained by the offender has a value of less than $500. This ordinance is specifically designed to curtail certain forms of theft within Owasso's larger stores. Specifically, crimes where an offender enters a store, procures merchandise from the shelves and then attempts to "exchange" the merchandise at the returns desk for a store credit would be prohibited by this ordinance. With an ordinance, an arresting officer would retain the option to charge the offender under the state statute but would additionally be able to charge the individual under the City's Code of Ordinances and have the matter handled within the Owasso Municipal Court System. This option has two significant advantages. First, even if the Tulsa County District Attorney's Office declines to prosecute the matter due to the nature of the crime or the value of merchandise taken, the offender does not wholly escape prosecution. Having an alternate venue for prosecution of offenses the District Attorney declines to file is positive for officer morale and the reputation of the Police Department, and allows police officers to enforce the law and deter other potential offenders. Second, prosecuting these types of offenses with the Municipal Court eliminates the need to transport the offender to the Tulsa County jail and thereby results in a saving of both time and money on behalf of the Police Department. B. Section 10 -424 Embezzlement The language within this ordinance is taken from the state statute defining embezzlement and declaring it to be unlawful. The ordinance has been shortened to eliminate inapplicable provisions, and clarified to succinctly state the conduct that is unlawful and prohibited. As noted within the body of the ordinance, fraudulent concealment, appropriation, conversion or use of the property all constitute embezzlement and are subject to prosecution. RECOMMENDATION The staff will recommend City Council approval of the attached ordinances. ATTACHMENTS 1. Ordinance No. 889, enacting Section 10 -423, Obtaining Money by Trick or Deception, False Representation or Pretense 2. Ordinance No. 890, enacting Section 10 -424, Embezzlement 2