Ordinance 2009-03 i
Ordinance No. 2009- 0
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
REGARDING RETAIL THEFT (SHOPLIFTING)
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1. Title 5, Chapter 3, of the United City of Yorkville Code of Ordinances is hereby
amended by adding the following new Section 10:
5 -3 -10: RETAIL THEFT (SHOPLIFTING):
A. Definitions
For the purpose of this article, the words and phrases defined in this
section have the meanings ascribed to them unless a contrary meaning is
clear from the context:
Conceal. To "conceal" merchandise means that, although there may be
some notice of its presence, that merchandise is not visible through
ordinary observation.
Full retail value. The merchant's stated or advertised price of the
merchandise.
Merchandise. Any type of tangible personal property.
Merchant. An owner or operator of any retail establishment or any agent,
employee, lessee, consignee, officer, director, franchise, or independent
contractor of such owner or operator.
Minor. A person who is less than eighteen (18) years of age, is
unemancipated and resides with his parents or legal guardian
Peace officer. Any person who by virtue of his office or public
employment is vested by law with a duty to maintain public order to make
arrests for offenses whether that duty extends to all offenses or is limited
to specific offenses.
Premises of a retail mercantile establishment. Includes, but is not limited
to, the retail mercantile establishments, any common use areas in shopping
centers and all parking areas set aside by a merchant for the parking of
vehicle for the convenience of the patrons of such retail mercantile
establishment.
Shopping cart. Those push carts of the type or types which are commonly
provided by grocery stores, drugstores, or other retail establishments for
the use of the public in transporting commodities in stores and markets
and, incidentally, from stores to a place outside the store.
Under -ring: "Under -ring" means to cause the cash register or other sales
recording devices to reflect less than the full retail value of the
merchandise.
B. Offense of retail theft
A person commits the offense of retail theft when he knowingly:
1. Takes possession of, carries away, transfers or causes to be carried away
or transferred, any merchandise displayed, held, stored or offered for sale
in a retail mercantile establishment with the intention of retaining such
merchandise or with the intention of depriving the merchant permanently
of the possession, use or benefit of such merchandise without paying the
full retail value of such merchandise; or
2. Alters, transfers, or removes any label, price tag, marking, indicia of value
or any other markings which aid in determining value affixed to any
merchandise displayed, held, stored, or offered for sale, in a retail
mercantile establishment and attempts to purchase such merchandise
personally or in consort with another at less than the full retail value with
the intention of depriving the merchant of the full retail value of such
merchandise; or
3. Transfers any merchandise displayed, held, stored or offered for sale,
in a retail mercantile establishment from the container in or on which such
merchandise is displayed to any other container with the intention of
depriving the merchant of the full retail value of such merchandise; or
4. Under -rings with the intention of depriving the merchant of the full retail
value of the merchandise; or
5. Removes a shopping cart form the premises of a retail mercantile
establishment without the consent of the merchant given at the time of
such removal with the intention of depriving the merchant permanently of
the possession, use or benefit of such cart; or
6. Represents to a merchant that he or another is the lawful owner of
property, knowing that such representation is false, and conveys or
attempts to convey that property to a merchant who is the owner of the
property in exchange for money, merchandise credit or other property of
the merchant; or
7. Uses or possesses any theft detection shielding device or theft detection
device remover with the intention of using such device to deprive the
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merchant permanently of the possession, use or benefit of any
merchandise displayed, held, stored or offered for sale in a retail
mercantile establishment without paying the full retail value of such
merchandise; or
8. Obtains or exerts unauthorized control over property of the owner and
thereby intends to deprive the owner permanently of the use or benefit of
the property when a lessee of the personal property of another fails to
return it to the owner, or if the lessee fails to pay the full retail value of
such property to the lessor in satisfaction of any contractual provision
requiring such, within 10 days after written demand from the owner for its
return. A notice in writing, given after the expiration of the leasing
agreement, by registered mail, to the lessee at the address given by the
lessee and shown on the leasing agreement shall constitute proper demand.
C. Presumptions
If any person:
1. Conceals upon his person or among his belongings, unpurchased
merchandise displayed, held, stored or offered for sale in a retail
mercantile establishment; and
2. Removes that merchandise beyond the last -known station for receiving
payments for that merchandise in that retail mercantile establishment,
such person shall be presumed to have possessed, carried away or
transferred such merchandise with the intention of retaining it or with the
intention of depriving the merchant permanently of the possession, use or
benefit of such merchandise without paying the full retail value of such
merchandise.
D. Detention
Any merchant who has reasonable grounds to believe that a person has committed
retail theft may detain such person, on or off the premises of a retail mercantile
establishment, in a reasonable manner and for a reasonable length of time for all
or any of the following purposes:
1. To request identification;
2. To verify such identification;
3. To make reasonable inquiry as to whether such person has in his
possession unpurchased merchandise and, to make reasonable
investigation of the ownership of such merchandise.
4. To inform a peace officer of the detention of the person and surrender that
person to the custody of a peace officer.
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5. In the case of a minor, to inform a peace officer, the parents, guardian, or
other private person interested in the welfare of that minor of this
detention and to surrender custody of such minor to such person.
A merchant may make a detention as permitted herein off the premises of a retail
mercantile establishment only if such a detention is pursuant to an immediate
pursuit of such person.
E. Affirmative defense
A detention as permitted in this article does not constitute an arrest or an unlawful
restraint, as defined in 720 ILCS 5/10 -3, nor shall it render the merchant liable to
the persons so detained.
F. Value of goods
This article shall apply to goods having a value or full retail of one hundred fifty
dollars ($150.00) or under.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this %S
day of 2009.
V
ROBYN SUTCLIFF `-11C JOSEPH BESCO Y('N
GARY GOLINSKI Y\ ARDEN JOSEPH PLOCHER It
WALTER WERDERICH Y\ MARTY MUNNS
ROSE ANN SPEARS BOB ALLEN t
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 3
day 2009.
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MAYOR PP- TEND
ATTEST:
I RK
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