OFFENSES AGAINST PROPERTY

Oklahoma City Municipal Code ch. 30, art. III

in effect

Oklahoma City Municipal Code § 30-31 Definitions.

§ 30-31. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Embezzlement means the fraudulent appropriation of property of any person or entity, legally obtained for any use or purpose not intended by its owner, or the secretion of the property with the fraudulent intent to appropriate it for such use or purpose, under any of the following circumstances: (a) Where the property was obtained by being entrusted to that person or legal entity for a specific purpose, use or disposition, and shall include, but not be limited to, any funds "held in trust" for any purpose; or (b) Where the property is intended to be used for a public or benevolent purpose. Embezzlement does not require a distinct act of taking, but only a fraudulent appropriation, conversion or use of property; (2) Larceny means the taking of private or public property accomplished by fraud or stealth, with the intent to deprive another thereof; (3) Private property means any property other than public property; (4) Public disturbance means any of the following conduct on public or private property: (a) Creating a hazardous condition or unnecessary risk to the public; (b) Causing public alarm without justification; (c) Defacing, injuring or otherwise temporarily damaging or altering any public or private property without lawful permission; (d) Intentionally obstructing, impeding or in any way inhibiting access to an entrance to a public building or pedestrian on a right-of-way or parking lot; (e) Intentionally obstructing, impeding or in any other way inhibiting vehicles or pedestrian traffic upon any street, highway, sidewalk or parking lot; (f) Fighting or violent or threatening behavior or engaging in, promoting, instigating, encouraging, aiding or abetting fighting, or any similar violent, threatening behavior; (g) Disrupting any lawful assembly or meeting of persons without lawful authority; (h) Making any loud or unusual noises, or using any abusive or violent language directed at any person, or threatening to fight or quarrel or challenging anyone else to fight, or shooting off or brandishing any firearms; (i) Any act by which the peace, comfort, health, welfare or decency of the public is disturbed by reason of the people therein committing or resorting to the sale, distribution, possession or use of any controlled dangerous substance, the sale, distribution, possession or use of which is declared unlawful by State statute; (j) Any act by which the peace, comfort, health, welfare or decency of the public is disturbed by reason of the people therein committing or resorting to the violation of any ordinance or State statutes regulating the sale, distribution, possession or use of alcoholic beverages including beer containing more than one-half of one percent alcohol by volume; (k) Any act by which the peace, comfort, health, welfare or decency of the public is disturbed by reason of the people therein committing or resorting to the performance of any sexual act declared unlawful by ordinance or State statute, including, but not limited to, soliciting for purposes of prostitution; or (l) Any act by which the peace, comfort, health, welfare or decency of the public is disturbed by reason of the people therein committing or resorting to the violation of any ordinance or State statute prohibiting gambling. (5) Public property means that property which is dedicated to the public use and over which the Federal, State, or municipal government, or any political subdivision thereof, exercises control and dominion, including school property; (6) School property means any property or institution devoted primarily to the education of children from preschool through the 12th grade; and (7) Trespass shall mean any of the following: (a) Each and every actual entry upon the public or private property without the express or the implied consent of the owner or other person responsible for the property or when there are "no trespassing" signs duly posted upon said property; or (b) Remaining upon private property after having been told to leave the premises by the owner, or other person responsible for the property, or the police in the event of a public disturbance in a parking lot; or (c) Remaining or otherwise being on private or public property at any time other than during posted hours of operation. (d) Notwithstanding Subsections (a), (b) and (c) of this section, where the owner or other responsible person in lawful possession of any private property is present and available, the owner or other person responsible for the property shall be required to sign a complaint and make a citizen's arrest for trespassing. (Code 1970, § 21-117; Ord. No. 17034, § 1, 1-18-83; Code 1980, § 30-31; Ord. No. 19296, § 1, 10-3-89; Ord. No. 22883, § 1, 11-22-05; Ord. No. 23677, § 1, 8-26-08; Ord. No. 24185, § 1, 11-9-10)

Oklahoma City Municipal Code § 30-32 Trespass on private property.

§ 30-32. - Trespass on private property. No person shall trespass on private property. (Code 1970, § 21-118; Code 1980, § 30-32)

Oklahoma City Municipal Code § 30-33 Unlawful possession of or trespass on City property.

§ 30-33. - Unlawful possession of or trespass on City property. No person shall unlawfully take possession of any property, real or personal, belonging to the City, or which the City shall be entitled to possess or commit any willful trespass thereon, or unlawfully withhold possession from the City. The unlawful withholding or possession of any property mentioned shall be deemed a separate and new offense for every day the possession is withheld after the demand. (Code 1970, § 21-131; Code 1980, § 30-33)

Oklahoma City Municipal Code § 30-34 Trespass on school property.

§ 30-34. - Trespass on school property. No person shall trespass on school property. (Code 1980, § 30-33.1; Ord. No. 19296, § 2, 10-3-89)

Oklahoma City Municipal Code § 30-35 Trespass on public property.

§ 30-35. - Trespass on public property. No person shall trespass on public property. (Code 1970, § 21-132; Code 1980, § 30-34)

Oklahoma City Municipal Code § 30-35.1 Entering on certain posted public property.

§ 30-35.1. - Entering on certain posted public property. (a) No person, other than persons exempted in Subsection (b) of this section, shall enter or remain on any public property, on which signs have been posted prohibiting the possession of any weapons on said public property, who has possession of any illegal weapons, other than firearms. (b) The provisions of this section shall not apply to commissioned peace officers or duly CLEET licensed armed security personnel who are under contract with the posting entity, which owns, controls, leases or operates the posted premises. (c) Any person guilty of violating this section shall be guilty of a Class "b" offense. (Ord. No. 20509, § 1, 1-9-96; Ord. No. 21845, § 1, 11-6-01; Ord. No. 22883, § 1, 11-22-05)

Oklahoma City Municipal Code § 30-35.2 Penalties for trespassing.

§ 30-35.2. - Penalties for trespassing. (a) Any person guilty of trespassing upon private, public, school, or other duly posted property shall upon conviction for the first offense, be guilty of a Class "a" offense. (b) Any person guilty of a second and/or subsequent offense of trespassing upon private, public, school or other duly posted property after a prior conviction of trespassing on the same property shall upon conviction of the second and/or subsequent offense be guilty of a Class "b" offense. (c) Any person guilty of trespassing on private, public or school property at any time other than during posted hours of operation, and who fails to leave immediately after having been told by a police officer in person or by means of a public address system to leave the premises, shall be guilty of a Class "b" offense. (Ord. No. 22883, § 3, 11-22-05; Ord. No. 23677, § 1, 8-26-08)

Oklahoma City Municipal Code § 30-35.3 Defenses to trespassing.

§ 30-35.3. - Defenses to trespassing. It is a defense to prosecution for "trespassing" on private property that a person at the time of the violation: (1) Has permission from the owner or person in lawful possession or control of the property, to be on the property contrary to posted notice of "no trespassing" and the business hours; (2) Had lawful authority as a matter of law to be present, including but not limited to utility easement repair, judicial order or license; or (3) An emergency or necessity reasonably requires that person's presence on the property in order to prevent a different and greater or more significant and immediate harm to that person or someone else. (Ord. No. 23677, § 2, 8-26-08)

Oklahoma City Municipal Code § 30-36 Location of incidental devices located within City rights-of-way.

§ 30-36. - Location of incidental devices located within City rights-of-way. Mailboxes, lawn sprinkler systems, trash receptacle holders and other similar devices incidental to residential household use of property, herein called "incidental devices," may be lawfully located within public rights-of-way by the owner of abutting property, without the issuance of a revocable permit, and such shall not constitute a violation of Section 30-33 or Section 30-35 of this chapter, subject to compliance with the following: (1) incidental devices shall not be located within portions of rights-of-way occupied by roadway pavement or curbing, nor within the area of a vehicular sight triangle as defined by Section 59-6300.2, Paragraph G(2), nor shall such incidental devices obstruct or interfere with any fire hydrant or sidewalk. (2) incidental devices shall not interfere with public utility lines and facilities located within rights-of-way. (3) should the City or any trust of the City, their employees, agents, or contractors, damage incidental devices in the course of installing, repairing, or maintaining roadways, sidewalks, or utility lines or facilities, or in the course of otherwise making lawful use of rights-of-way, the City and such trusts, their employees, agents, and contractors shall not be liable for damage to incidental devices. (Ord. No. 17660, § 1(21-131.1), 5-15-84; Code 1980, § 30-34.1)

Oklahoma City Municipal Code § 30-37 Tampering with private or public property.

§ 30-37. - Tampering with private or public property. No person shall maliciously injure, deface or destroy any real or personal property, either public or private, not his own. Any person found guilty of violating this provision shall be guilty of a Class "b" offense and shall make restitution upon order of the Court for any injury, defacing, or destruction of any real or personal property, not his own. (Code 1970, § 21-117.1; Ord. No. 16350, § 1, 8-19-81; Ord. No. 17341, § 1, 9-13-83; Code 1980, § 30-35; Ord. No. 20511, § 1, 1-16-96; Ord. No. 21845, § 1, 11-6-01)

Oklahoma City Municipal Code § 30-38 Larceny.

§ 30-38. - Larceny. (a) No person shall commit the offense of larceny. (b) Any person found guilty of violating this provision shall be guilty of a Class "b" offense. (Code 1970, § 9-49; Ord. No. 16764, § 5, 6-29-82; Ord. No. 17335, § 1, 9-13-83; Code 1980, § 30-36; Ord. No. 20350, § 1, 5-23-95; Ord. No. 20511, § 1, 1-16-96; Ord. No. 21845, § 1, 11-6-01)

Oklahoma City Municipal Code § 30-39 Larceny of merchandise.

§ 30-39. - Larceny of merchandise. (a) No person shall commit the offense of larceny of merchandise from a retail or wholesale establishment. (b) Larceny of merchandise held for sale in a retail or wholesale establishment shall be punished as a Class "b" offense. (Ord. No. 15949, §§ 1, 2, 9-9-80; Ord. No. 17036, § 1, 1-18-83; Ord. No. 17333, § 1, 9-13-83; Code 1980, § 30-37; Ord. No. 20511, § 1, 1-16-96; Ord. No. 21845, § 1, 11-6-01)

Oklahoma City Municipal Code § 30-40 Larceny by false pretense; extortion, etc.

§ 30-40. - Larceny by false pretense; extortion, etc. (a) No person shall: (1) induce, or attempt to induce, any person to give up or pay over any money or other thing of value, by any false representation or pretense, or in exchange for any false or bogus coin or check, draft or other false evidence of value, or in consideration of refraining from a lawful or unlawful arrest, or in consideration of refraining from reporting any unlawful act to any public official. (2) act as a solicitor, caper or procurer, for any of the unlawful acts forbidden by this article. (b) Any person who shall violate any of the provisions hereof shall be deemed guilty of a Class "b" offense against the City. (Code 1970, § 21-121; Ord. No. 17328, § 1, 9-13-83; Code 1980, § 30-39; Ord. No. 20511, § 1, 1-16-96; Ord. No. 21845, § 1, 11-6-01)

Oklahoma City Municipal Code § 30-41 Defrauding innkeepers, restaurants, hotels, etc.

§ 30-41. - Defrauding innkeepers, restaurants, hotels, etc. (a) Any person who shall obtain food, lodging, services or other accommodations at any hotel, inn, restaurant, boardinghouse, roominghouse, motel or auto camp, with intent to defraud the owner or keeper thereof, shall be guilty of an offense. Any person who shall obtain shelter, lodging, or any other services at any apartment house, apartment, rental unit, rental house, or trailer camp, with intent to defraud the owner or keeper thereof, shall be guilty of an offense. (b) Proof that such lodging, food, services or other accommodations were obtained by false pretense or by false or fictitious show or pretense of any baggage or other property, or that he gave a check on which payment was refused, or that he left the hotel, inn, restaurant, boardinghouse, roominghouse, motel, apartment house, apartment, rental unit or rental house, trailer camp or auto camp, without payment or offering to pay for such food, lodging, services or other accommodation, or that he surreptitiously removed or attempted to remove his baggage, or that he registered under a fictitious name, shall be prima facie proof of the intent to defraud. This section shall not apply where there has been an agreement in writing for delay in payment. (Code 1970, § 21-130; Code 1980, § 30-40)

Oklahoma City Municipal Code § 30-42 Defacing or removing bicycle serial number, tag, etc.

§ 30-42. - Defacing or removing bicycle serial number, tag, etc. No person shall deface, change, replace, remove, destroy, substitute or tamper with the manufacturer's numbers, or with any Operation I.D. or other identifying mark or number placed thereon by the owner, on any bicycle or bicycle frame. (Code 1970, § 9-49; Ord. No. 16764, § 5, 6-29-82; Code 1980, § 30-42)

Oklahoma City Municipal Code § 30-43 Public conveyances; failure to pay fare.

§ 30-43. - Public conveyances; failure to pay fare. No person shall use or accept the use and services of any streetcar, taxicab, omnibus, automobile, or any other means of public conveyance of passengers, operating under the Code, ordinance, franchise, permit or license of the City, and refuse or fail to pay to the operator of the conveyance the usual, customary, regulation or legal charge, or price as fare immediately upon the performance of the service. As used in this section, the "refuse or fail to pay" the operator of a public transit bus or streetcar shall include the following acts, activities or conduct: 1. Entry into or upon a public transit bus or streetcar without payment of the fare charged for transportation service. 2. Following fare payment, the refusal to exit the public transit bus or streetcar after: i. A single one-way trip; or ii. The expiration of a multi-trip pass, as defined by the COTPA Fare Policy. 3. Misuse of a transfer, pass, ticket, mobile ticket or other evidence of payment of or prepayment of a fare issued by the COTPA with the intent to avoid or to assist another in avoiding payment of the fare charged for transportation service. (Code 1970, § 21-122; Code 1980, § 30-43; Ord. No. 26031, § 1, 10-9-18)

Oklahoma City Municipal Code § 30-44 Concealing lost property.

§ 30-44. - Concealing lost property. No person shall attempt to conceal any estray, or lost goods, found or taken up by him, or shall efface any marks or brands thereon, or carry the same beyond the limits of the City or knowingly permit the same to be done, or willfully fail to cause the same to be advertised, sold or otherwise dealt with as provided by this Code in respect to lost goods. (Code 1970, § 9-227; Code 1980, § 54-103)

Oklahoma City Municipal Code § 30-45 Embezzlement.

§ 30-45. - Embezzlement. (a) No person shall commit the offense of embezzlement. (b) Any person found guilty of violating this provision shall be guilty of a Class "B" offense. (Ord. No. 24185, § 2, 11-9-10)

Oklahoma City Municipal Code § 30-46 Climbing buildings and/or other structures without consent.

§ 30-46. - Climbing buildings and/or other structures without consent. (a) No person, may ascend, climb, descend, rappel or be present on the exterior portion of any building or structure, excluding the roof, of any building or other structure within City limits. (b) It is a defense to the prosecution of anyone pursuant to the provisions of Subsection (a) of this Section that the person at the time of the violation is: (i) the building or structure owner; (ii) an employee, agent, contractor or subcontractor engaged in inspection, maintenance, construction, remodeling, restoration or repair on the building or structure at the direction of or under an agreement with the building or structure owner; (iii) authorized in writing by the City Manager of The City of Oklahoma City or designee and the building or structure owner to engage in acts otherwise prohibited by this section; (iv) a police, fire, medical, emergency, inspection or other governmental employee performing official duties; or (v) lawfully using a fire escape. (Ord. No. 24429, § 1, 3-13-12)

Oklahoma City Municipal Code § 30-47 Parachuting off buildings or other structures.

§ 30-47. - Parachuting off buildings or other structures. (a) No person may (i) take-off in an aircraft from or attempt to take-off in an aircraft from any building or other structure within City limits, or (ii) carry parachute or similar manned-flight equipment into or onto any building or structure within City limits. For purposes of this section, "aircraft" means any contrivance used or designed for manned flight in the air including any airplane, parachute, flying machine, balloon, glider, sky-diving apparatus or any other contrivance used or designed for manned flight in the air. (b) This section does not apply to airports or facilities authorized by the Federal Aviation Administration. (c) It is a defense to the prosecution of anyone pursuant to the provisions of Subsection (a) of this Section that the person at the time of the violation: (i) has the prior written approval of the City Manager of The City of Oklahoma City or designee and the building or structure owner, if applicable; (ii) is conducting the take-off as part of a bona fide emergency or military operation; (iii) as to carrying parachute or similar manned-flight equipment into any building within City limits, has the permission of the building or structure owner to do so. (Ord. No. 24429, § 1, 3-13-12)

Oklahoma City Municipal Code § 30-48 Penalties for climbing and/or parachuting off buildings without consent.

§ 30-48. - Penalties for climbing and/or parachuting off buildings without consent. Any person guilty of violating Section 30-46 and/or Section 30-47 will upon conviction be guilty of a Class "b" offense. (Ord. No. 24429, § 1, 3-13-12)

Source: City of Oklahoma City, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH30MIPROF_ARTIIIOFAGPRFetched: 10/28/2026