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Legislation #: 040964 Introduction Date: 8/26/2004
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER BROOKS
Title: Amending Chapter 50, Code of Ordinances, by repealing Section 50-106, Stealing, and enacting in lieu thereof one new section of like number and subject.

Legislation History
DateMinutesDescription
9/9/2004

Waive Charter Requirements City Council

9/2/2004

Waive Charter Requirements City Council

8/26/2004

Referred Finance Committee

9/1/2004

Do Pass

9/2/2004

Assigned to Third Read Calendar

9/9/2004

Passed


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ORDINANCE NO. 040964

 

Amending Chapter 50, Code of Ordinances, by repealing Section 50-106, Stealing, and enacting in lieu thereof one new section of like number and subject.

 

WHEREAS, currently Section 50-106, Stealing, Code of Ordinances, does not expressly provide that the stealing of a persons labor violates this ordinance; and

 

WHEREAS, the stealing of a persons labor by means of deceit is a growing problem in parts of the City; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 50, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 50-106, Stealing, and enacting in lieu thereof a new section of like number and subject, to read as follows:

 

Sec. 50-106. Stealing.

 

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

 

(1) Appropriate means to take, obtain, use, transfer, conceal or retain possession of.

 

(2) Credit device means a writing, number or other device purporting to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.

 

(3) Deceit means purposely making a representation which is false and which the actor does not believe to be true and upon which the victim relies, as to a matter of fact, law, value, intention or other state of mind. The term "deceit" does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. Deception as to the actor's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise.

 

(4) Deprive means to:

 

a. Withhold property from the owner permanently;

 

b. Restore property only upon payment of reward or other compensation;

 

c. Use or dispose of property in a manner that makes recovery of the property by the owner unlikely; or

 

d. Refuse or fail to pay for labor for wages or services provided by an individual natural person pursuant to an agreement.

 

(5) Of another. Property or services is that "of another" if any natural person, corporation, partnership, association, governmental subdivision or instrumentality, other than the actor, has a possessory or proprietary interest therein, except that property shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security arrangement.

 

(6) Property means anything or value, whether real or personal, tangible or intangible, in possession or in action, and shall include but not be limited to the evidence of a debt actually executed but not delivered or issued as a valid instrument.

 

(7) Receiving means acquiring possession, control or title or lending on the security of the property.

 

(8) Services includes labor for wages, transportation, telephone, electricity, gas, water or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions and use of vehicles.

 

(9) Writing includes printing, any other method of recording information, money, coins, negotiable instruments, tokens, stamps, seals, credit cards, badges, trademarks and any other symbols of value, right, privilege or identification.

 

(b) A person commits the ordinance violation of stealing if he appropriates property or services of another with the purpose to deprive him thereof, either without his consent or by means of deceit.

 

(c) Evidence of the following is admissible in any criminal prosecution under this section on the issue of the requisite knowledge of belief of the alleged stealer:

 

(1) That he failed or refused to pay for property or services of a hotel, restaurant, inn or boardinghouse.

 

(2) That he left the hotel, restaurant, inn or boardinghouse with the intent not to pay for property or services.

 

(3) That he surreptitiously removed or attempted to remove his baggage from a hotel, inn or boardinghouse.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Galen Beaufort

City Attorney