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A. A person commits theft of rental property if he:

1. Knowingly obtains the temporary use of personal property of another with a value of less than five hundred dollars ($500.00), which is available only for hire, by means of threat or deception, or knowing that such use is without the consent of the person providing the personal property; or

2. Having lawfully obtained possession for temporary use of the personal property of another with a value of less than five hundred dollars ($500.00), which is available only for hire, knowingly fails to reveal the whereabouts of or to return said property to the owner thereof or his representative or to the person from whom he has received it within seventy-two (72) hours after the time at which he agreed to return it.

B. For the purposes of this section, personal property is that of another if anyone other than the defendant has a possessory or proprietary interest therein.

C. If a defendant signs a rental agreement or similar agreement for the temporary use of the personal property of another, and said agreement provides that failure to reveal the whereabouts of said property or to return said property within seventy-two (72) hours after the time at which he agreed to return it shall constitute a wrongful or unlawful retention of the rental property, such agreement shall constitute prima facie evidence of the culpable mental state required under subsection (A)(2) of this section.

D. Any violation of this section shall constitute a Class B municipal offense. (Ord. 315, 1990; Amended Ord. 472 §5, 2003; Amended Ord. 713 §4, 2017)