Loading...
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 . � f f �f 1 rage President ATTEST: Villa e Clerk Approved as to Form: 3 f ! z Villag Attorney Not Published Published 7-11- 79 Pamphlet Form Date =Pager