ORDINANCE NO.   7928

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING SECTION 14-304 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2003 EDITION TO INCREASE THE JURISDICTIONAL LIMIT FOR THE OFFENSE.

Whereas, the State of Kansas has amended its theft statute, K.S.A. 21-3701, to provide that the theft of property of a value less than $1000 is a misdemeanor offense, and

Whereas, the City’s current jurisdictional limit for a theft violation is $500.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.  Section 14-304 of the Code of the City of Lawrence, Kansas, 2003 edition is amended to read as follows:

14-304 THEFT

No person shall commit theft.  Theft is any of the following acts done with the intent to deprive the owner permanently of the possession, use or benefit of the owner’s property:

(A) Obtaining or exerting unauthorized control over property;

(B) Obtaining by deception control over property;

(C) Obtaining by threat control over property; or

(D) Obtaining control over stolen property knowing the property to have been stolen by another.

Theft of property of a value less than $1000.00 is a misdemeanor unless:

(1) The theft is committed by a person who has been convicted of theft two or more times, or

(2) The theft in question constitutes a part of thefts from three of more 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.

In either such circumstance, the theft is classified as a felony under K.S.A. 21-3701.

Section  2.   Severability.  If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 3.  Effective Date.  This ordinance shall take effect and be in full force and effect following its adoption and publication as provided by law.

Adopted this ________________ day of  ________________, 2005.

PASSED:

Dennis Highberger, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

David L. Corliss, Assistant City Manager

and Director of Legal Services