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O-18-08 04-14-2008VILLAGE OF LEMONY ORDINANCE ~ ~ ~ oR ORDINANCE AMENDING CHAPTER 9 OF THE LEMONY MUNICIPAL CODE BY ADDING CHAPTER 9.41 ENTITLED: RETAIL THEFT ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY 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.~D~ 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 LEMONY, 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 ILLS 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. j. 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 r r 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 115/5, 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 LEMONY, 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 LEMONY, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS on this ~_ day of _~~ ~oD~ AYES NAYS Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ron Stapleton Jeanette Virgilio t~ JOHN F~l PIAZZA, Attest: HARI,ENE SMOLLEN, Village Clerk Approved as to Form: ABSENT ABSTAIN JOHN P. ANTONOPOULOS, Village Attorney