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8.7 Failure to Pay for Motor FuelCITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 08/13/2007 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 8 AGENDA: CITY PROSECUTOR ITEM NO. 7 BY: BY: Jennifer Wyatt Page 1 ITEM:Ordinance No. 07-10409 First reading Ordinance No. 07-10409 adding Section 25-101 to Chapter 25, Article VI of the Salina City code, making it a violation of city ordinance to fail to pay for motor fuel. BACKGROUND: The purposed ordinance would make it a violation of city ordinance to fail to pay for motor fuel and allow municipal court to hear and determine those cases. RECOMMENDED ACTION: Staff recommends that the City Commission pass Ordinance No. 07-10409 on first reading. Chapter 25, Article VI, Section 25-101. Theft of Motor Fuel (a) Theft of motor fuel is leaving the premises of an establishment at which motor fuel offered for retail sale was dispensed into the fuel tank of a motor vehicle by driving away in that motor vehicle without having made due payment or authorized charge for the motor fuel so dispensed, with the intent to defraud the retail establishment. (b) The failure to replace or reattach the nozzle and hose of the pump used for the dispensing of motor fuels or placing such nozzle and hose on the ground or pavement shall be prima facie evidence of the intent to defraud under the provisions of subsection (a). Theft of motor fuel is a class A nonperson misdemeanor.