G-495 - 10/27/1992 - AGREEMENT - Ordinances ORDINANCE G- 495
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AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 9
OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK
RELATING TO RETAIL THEFT
WITHIN THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, IL
WHEREAS, the substantial burden placed upon the economy of the community
resulting from the rising incidence of retail 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 a right to be
protected in their health, safety and welfare from the effects of these
crimes; and
.WHEREAS, it is in the best interests of the Village of Oak Brook that
its retail theft ordinance be amended to include fraudulent refunds and
unauthorized removal of theft detection devices as ordinance violations, as
more fully set forth in subsections (6) and (7) below.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That Section 9-17(b) of Article I of Chapter 9 of the Code of
Ordinances of the Village of Oak Brook, Illinois be and is hereby amended to
read as follows:
"(b) Retail theft prohibited. No person shall commit 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
ordinance G- 495
Amending Article I,
Chapter 9, Retail Theft
Page 2
(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 from 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 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.
Section 2: That the validity or invalidity of any Section of this
ordinance shall not affect the validity of any other section of this
ordinance.
Section 3: That the Village Clerk is hereby authorized and directed to
publish this ordinance in pamphlet form in the manner provided by law.
Section 4: That this ordinance shall be in full force and effect from
and after its passage, approval and publication as required by law.
PASSED THIS 27th day of October , 1992.
Ayes: Trustees Bartecki, Mayer, Payovich, Shumate, Skinner and Winters
Nays: None
Absent: None
Abstain: None
a
Ordinance G- 495
Amending Article I,
Chapter 9, Retail Theft
Page 3
APPROVED THIS 27thday of October , 1992.
Village President
ATTEST:
ill Age Clerk
Approved as to Form:
Village Attorney
Published 10-27-92 Pamphlet form
Date Paper
Not Published