O-18-08 04/14/2008VILLAGE OF LEMONT
ORDINANCE D /e. og
ORDINANCE AMENDING CHAPTER 9 OF THE LEMONT
MUNICIPAL CODE BY ADDING CHAPTER 9.41 ENTITLED:
RETAIL THEFT
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 14th day of April , 2008
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village of
Lemont, Counties of Cook, Will, and
DuPage, Illinois this 14th day
of April , 2008
ORDINANCE NO.0 It 08
AN ORDINANCE AMENDING CHAPTER 9
BY ADDING CHAPTER 9.42 ENTITLED RETAIL THEFT
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE that Chapter 9 of the
Lemont Municipal Code be amended by adding the following section 9.42 entitled "Retail
Theft":
SECTION 9.42.010: Retail Theft
The following words or terms, whenever used in this article, shall have the meanings set
forth below:
a. Conceal merchandise. Although there may be some notice of its presence, that
merchandise is not visible through ordinary observation.
b. Full Retail Value. The merchant's stated or advertised price of the merchandise.
c. Merchandise. Any item or tangible personal property.
d. Merchant. 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.
e. Minor. A person who is less than 19 years of age, if un- emancipated and resides
with his parents or legal guardian.
f. Person. Any natural person individual.
g. Peace Officer. The meaning ascribed to that term in 720 ILCS f/2 -13.
h. Premises of a Retail Mercantile Establishment. Includes, but is not limited to, the
retail mercantile 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.
i. Retail Mercantile Establishment. Any place where merchandise is displayed,
held, stored or offered for sale to the public.
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Shopping Cart. 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,
incidentally, from the stores to a place outside the store.
k. Under -ring. To cause the cash register or other sales recording device to reflect
less than the full retail value of the merchandise.
SECTION 9.42.020: Offense of Retail Theft
A person commits the offense of retail theft when he or she knowingly:
a. 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
b. Alters, transfers, or removes any label, price tag, marketing, 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
c. 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 ful retail value of such merchandise; or
d. Under -rings with the intention of depriving the merchant of the full retail value of
such merchandise.
e. Removes a shopping cart from the premises of a retail mercantile establishment
without the consent of the merchant giving the time of such removal with the
intention of depriving the merchant permanently of the possession, use or benefit
of such cart.
SECTION 9.42.030: Presumptions:
If any person:
a. Conceals upon his or her person or among his or her belongings, un- purchased
merchandise displayed, held, stored or offered for sale in a retail mercantile
establishment; and
b. 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.
SECTION 9.42.040: 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:
a. To request identification;
b. To verify such identification;
c. To make reasonable inquiry as to whether such person has in his possession
un- purchased merchandise and, to make reasonable investigation of the ownership
of such merchandise;
d. To inform a peace officer of the detention of the person and surrender that person
to the custody of a peace officer;
e. 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 detention is pursuant to an immediate pursuit of such
person.
SECTION 9.42.050: Affirmative Defense:
A detention as permitted in this Article does not constitute an arrest or an unlawful
restraining, as defined in 720 ILCS 5/10 -3, as now or hereafter amended, or shall it render the
merchant liable to the person so detained.
SECTION 9.42.060: Civil Liability:
The parents or legal guardian of a minor who commits the offense of retail theft as herein
defined shall be civilly liable for the full retail value or cost of repair or cost of replacement of
the merchandise and actual damages not to exceed the limitations provided by 740 ILCS 1 15/5,
approved October 6, 1969, as now or hereafter amended. A conviction or plea of guilty of the
retail theft is not a prerequisite to the bringing of a civil suit hereunder. Recovery under this
section may be head in addition to, and is not limited by, or any other provision of law which
limits the liability of a parent or legal guardian for tortuous conduct of a minor.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE
AS FOLLOWS:
Chapter 9 of the Lemont Municipal Code be amended by adding the Section 9.42 entitled
"Retail Theft".
FURTHER BE IT ORDAINED, that the Village of Lemont adopts and reconfirms all of
the other terms and conditions of said Ordinance.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS on this
day of Art I . Zoo6
AYES NAYS ABSENT ABSTAIN
Debby Blatzer
Peter Coules
Clifford Miklos
Brian Reaves
Ron Stapleton
Jeanette Virgilio
Attest:
JOHN F PIAZZA, Villag Pre
HARLENE SMOLLEN, Village Clerk
Approved as to Form:
JOHN P. ANTONOPOULOS, Village Attorney
ent