G-250 - 07/11/1979 - VILLAGE CODE - Ordinances 4 �
ORDINANCE NO. G-250
AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 9 OF THE CODE OF
ORDINANCES OF THE VILLAGE OF 011x: BROOK AND PROHIBITING THEFT AND
RETAIL THEFT WITHIN THE VILLAGE OF OAK BROOK, DU PAGE AND COOK
COUNTIES, ILLINOIS AND PROt_IDING PENALTIES THEREFOR
WHEREAS, the substantial burden placed upon the economy
of the community resulting from the rising incidence of retail theft
and theft is a matter of grave concern to the citizens of the Village
of Oak Brook; and
WHEREAS, the citizens of the Village of Oak Brook have
aright to be protected in their health , safety and welfare from the
effects of these crimes ;
NOW THEREFORE, BE IT tRDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF OAK ::ROOK, DU PAGE AND COOK COUNTIES,
ILLINOIS as follows
Section 1 : That Article I of Chapter 9 o the Code of
Ordinances of the Village of Oak Brook , Illinois be and is hereby
amended by adding thereto Section c- 16 entitled "Theft" , which sec-
tion shall read as follows :
Sec . 9-16 . Theft.
(a) Theft prohibited. No person shall commit theft .
A person commits theft when he knowingly:
(i) obtains or exert= unauthorized control over prop-
erty of the owner; or
(ii) obtains by decep-ion control over property of the
owner ; or
(iii) obtains by threat control over property of the
owner; or
(iv) obtains control c,F stolen property knowing the
property to have been stolen by another or under
such circumstance as would reasonably induce him
to believe that _ -.L property was stolen and
1) intends to d erive the owner permanently of
the use or be-refit of the property; or
2) knowingly us__ , conceals or abandons the prop-
erty in such -tanner as to deprive the owner
permanently- such use or benefit ; or
3) uses , conceal_ or abandons the property knowing
such use , co-_cealment or abandonment probably
will deprive the oi�-ner permanently of such use
or benefit .
(b) Any person who vc�lates any of the provisions of
this section shall be subiect to a fine of not less than twenty five
dollars ($23 :00) and not :.ore than-= zLive hundred dollars ($SO0 . 00) for
each such violation .
Section 2 : That article I of Chapter 9 of the Code of
Ordinances of the Village of Oak rak , Illinois be and is hereby
amended by adding thereto Section - 1" entitled "Retail Theft",
Ordinance No . G-250
Theft and Retail Theft
Page two
which section shall read as follows:
Sec . 9- 17 . Retail Theft .
(a) Definitions . For purposes of this Section , the
words and phrases defined herein shall have the meaning ascribed
to them in this Section unless a contrary meaning is clear from
the context.
(i) Conceal . To "conceal" merchandise means that,
although there may be some notice of its presence ,
that merchandise is not visible through ordinary
observation.
(ii) Full retail value . "Full retail value" means the
merchant 's stated or advertised price of the mer-
chandise .
(iii) Merchandise . "Merchandise" means any item of
tangible personal property .
(iv) Merchant . "Merchant" means an owner or operator
of any retail mercantile establishment or any agent ,
employee, lessee , consignee , officer, director,
franchisee, or independent contractor of such owner
or operator .
(v) Premises of a retail mercantile establishment .
"Premises of a retail mercantile establishment"
includes , but is not limited to , the retail mer-
cantile establishment ; any common use areas in
shopping centers and all parking areas set aside
by a merchant or on behalf of a merchant for the
parking of vehicles for the convenience of the
patrons of such retail mercantile establishment .
(vi) Retail mercantile establishment . "Retail mer-
cantile establishment" means any place where mer-
chandise is displayed, held, stored or offered
for sale to the public .
(vii) Shopping cart . "Shopping cart" means those push
carts of the type or types which are commonly
provided by grocery stores , drug stores or other
retail mercantile establishments for the use of
the public in transporting commodities in stores
and markets and, incidently, from the stores to
a place outside the store .
(viii) Under-ring. "Under-ring means to cause the cash
register or other sales recording device to re-
flect less than the full retail value of the mer-
chandise .
(b) Retail Theft Prohibited. No person shall commit
retail theft . A person commits the offense of. retail theft when he
knowingly:
(i) 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 per-
manently of the possession, use or benefit of
such merchandise without paying the full retail
value of such merchandise ; or
(ii) Alters , transfers , or removes any label , price
tag , marking , indicia of value or any other mark-
ings which aid in determining value affixed to
Ordinance No . G- 250
Theft and Retail Theft
Page three
any merchandise displayed, held, stored or of-
fered for sale , in a retail mercantile establish-
ment and attempts to purchase such merchandise
personally or in consort with another at less
than the cull retail value with the intention of
depriving the merchant of the full retail value
of such merchandise ; or
(iii) Transfers any merchandise displayed, held, stored
or offered for sale , in a retail mercantile es-
tablishment from the container in or on which
such merchandise is displayed to any other con-
tainer with the intention of depriving - the mer-
chant of the full retail value of such merchan-
dise ; or
(iv) Under-rings with the intention of depriving the
merchant of the =ull retail value of the merchan-
dise ; or
(v) Removes a shopping cart from the premises of a
retail mercantile establishment without the con-
sent of the merchant given at the time of such
removal with the intention of depriving the mer-
chant perranently of the possession, use or bene-
fit of such cart.
(c) Presumptions . If any person:.
(i) Conceals upon his person or among his belong-
ings , unpurchasec merchandise displayed, held,
stored or offereE_ for sale in a retail mercan-
tile establishment ; and
(ii) Removes that merchandise beyond the last known
station for rece=ring payments for the merchan-
dise in that retail mercantile establishment such
person shall be presumed to have possessed, car-
ried away or tra-_sferred such merchandise with
the intention o± retaining it or with the inten-
tion of denrivin the merchant permanently of
the possession, use or benefit of such merchan-
dise without paying the full retail value of
such merchandise .
(d) Penalty . Any person who violates any of the pro-
visions of this Section shall be subject to a fine of not less than
twenty five dollars ($25 . 00) , and not more than five hundred dollars
($500 . 00) for each violation .
Section 3: That the validity or invalidity of any
Section of this Ordinance shall not affect the validity of any other
Section of this Ordinance .
Section 4 : That the `,-illage Clerk is hereby authorized
and directed to publish this Ordinance in pamphlet form in the manner
provided by law.
Section 5 : That this Ordinance shall be in full force
and effect from and after its passage , approval and publication in
pamphlet form, all as required by law .
Passed this 10th day of July 1979 .
Ayes : Trustees Congreve , Marquarc` , Philip , Reynolds and Rush .
Nays : 'None
Absent: Trustee Brown .
Ordinance No . G-250
Theft and Retail Theft
Page four
Approved this 10th day of July 1979 .
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1 rage President
ATTEST:
Villa e Clerk
Approved as to Form:
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Villag Attorney
Not Published
Published 7-11- 79 Pamphlet Form
Date =Pager