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HomeMy WebLinkAboutOrd 4913 02/17/1998 ORDINANCE NO. 4913 AN ORDINANCE AMENDING CHAPTER 23 ENTITLED "OFFENSES AND MISCELLANEOUS REGULATIONS" OF THE VILLAGE CODE OF MOUNT PROSPECT Passed and approved by the President and Board of Trustees the 17th dayof February , 1998 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 17th day of February ,1997. CAF/ 9/22/97 , ORDINANCE NO. 4913 AN ORDINANCE AMENDING CHAPTER 23 ENTITLED "OFFENSES AND MISCELLANEOUS REGULATIONS" OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Chapter 23 entitled "Offenses and Miscellaneous Regulations" of the Village Code of Mount Prospect, as amended, is hereby further amended by adding thereto Article XXll entitled '"TheE' and Article XXIII entitled "Retail Theft"; so that hereafter said Chapter 23 shall include the following: " ARTICLE XXII THEFT Sec. 23.2201. Definitions Sec. 23.2202. Theft Sec. 23.2203. Theft by Lessee; Prima Facie Evidence Sec. 23.2204. Theft of Lost or Mislaid Property Sec. 23.2205. Use of Property; Theft of Labor or Services Sec. 23.2206. Interest in Property Sec. 23.2207. Theft from Coin-Operated Machines Sec. 23.2208. Coin-Operated Machines; Possession of a Key or Device Sec. 23.2209. Penalty Sec. 23.2201. Definitions. As used in this Article, the following terms, phrases and/or definitions shall have the following meanings: DECEPTION 1. Create or confirm another's impression which is false and which the offender does not believe to be true; or 2. Fail to correct a false impression which the offender previously has created or confirmed; or 3. Prevent another from acquiring information pertinent to the disposition of the property involved; or 4. Sell or otherwise transfer or encumber property, failing to disclose a lien, adveme claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is not a matter or official record; or 5. Promise performance which the offender does not intend to perform or know will not be performed. Failure to perform standing alone is not evidence that the offender did not intend to perform. OBTAIN 1. In relation to property, to bring about a transfer of interest or possession, whether to the offender or to another, and 2. In relation to labor or services, to secure the performance thereof. OBTAINS OR EXERTS Includes but is not limited to the taking, carrying away, CONTROL or the sale, conveyance, or transfer of title to, of interest in, or possession of property. OWNER A person, other than the offender, who has possession of or any other interest in the property involved, even though such interest or possession is unlawful, and without whose consent the offender has no authority to exert control over the property. PERMANENTLY DEPRIVE 1. Defeat all recovery of the property by the owner; or 2. Deprive the owner permanently of the beneficial use of the property; or 3. Retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or 4. Sell, give, pledge, or otherwise transfer any interest in the property or subject it to the claim of a person other than the owner. PROPERTY Anything of value. Property includes real estate, money, commercial instruments, admission or transportation tickets, written instruments representing or embodying rights concerning anything of value, labor, or services, or otherwise of value to the owner; things growing on, affixed to, or found on land or part of or affixed to any building, electricity, gas and water;, ;birds, animals and fish, which ordinarily are kept in a state of confinement; ;food and brink; samples, cultures, microorganisms, specimens, records, recording documents, blueprints, drawings, maps, and whole or partial copies, descriptions, photographs, compute programs or data, prototypes or models thereof or any other articles, materials, 2 devices, substances and whole or partial copies, descriptions, photographs, prototypes, or models thereof which constitute, represent, evidence, reflect or record a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention, or improvement with a value of less than three hundred dollars ($300.00). THREAT A menace, however communicated, to: 1. Inflict physical harm on the person threatened or any other person or property; or 2. Subject any person to physical confinement or restraint; or 3. Commit any criminal offense; or 4. Accuse any person of a criminal offense; or 5. Expose any person to hatred, contempt or ridicule; or 6. Harm the credit or business repute of any person; or 7. Reveal any information sought to be concealed by the person threatened; or 8. Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or 9. Bring about or continue to strike, boycott or other similar collective action if the property is not demanded or received for the benef'~ of the group which he purports to represent; or 10. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or 11. Inflict any other harm which would not benefit the person threatened. STOLEN PROPERTY Property over which control has been obtained by theft. VALUE The worth of property consisting of any commercial instrument or any written instrument representing or embodying rights concerning anything of value, labor, or services or othenvise of value to the owner shall be: 1. The "market value" of such instrument if such instrument is negotiable and has a market value; and 3 2. The "actual value" of such instrument if such instrument is not negotiable or is otherwise without a market value, for the purpose of establishing such "actual value," the interest of any owner or owners entitled to part or all of the property represented by such instrument, by reason of such instrument, may be shown, even if another "owner" may be named in the complaint, information or indictment. Sec. 23.2202. Theft. A person commits theft when he/she knowingly: A. Obtains or exerts unauthorized control over property of the owner; or B. Obtains by deception control over property of the owner; or C. Obtains by threat control over property of the owner; or D. Obtains control over stolen property knowing the property to have been stolen by another or under such circumstances as would reasonably induce him to believe that the property was stolen; and 1. Intends to deprive the owner permanently of the use or benefit of the property; or 2. Knowingly uses, conceals or abandons the property in such a manner as to deprive the owner permanently of such use or benefit; or 3. Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit. Sec. 23.2203. Theft by Lessee: Prima Facie Evidence. It shall be prima facie evidence that a person "knowingly obtains or exerts unauthorized control over property of the owner" when a lessee of the personal property of another fails to return it to the owner within thirty (30) days after written demand from the owner for its return. A notice in writing, given after the expiration of the leasing agreement, addressed and mailed, by registered mail, to the lessee at the address given by the lessee and shown on the leasing agreement shall constitute proper demand. Sec. 23.2204. Theft of Lost or Mislaid Property. A person who obtains control over lost or mislaid property commits theft when the person: A. Knows or learns the identify of the owner or knows, or is aware of, or learns of a reasonable method of identifying the owner; and B. Fails to take reasonable measures to restore the property to the owner; and C. Intends to deprive the owner permanently of the use or benefit of the property. Sec. 23.2205. Use of Property: Theft of Labor or Services. A person commits theft when the person obtains the temporary use of property, labor or services of another which are available only fir hire, by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor or services. 4 Sec. 23.2206. Interest in Property. A. It is no defense to a charge of theft of property that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled. B. Where the property involved is that of the offender's spouse, no prosecution for theft may be maintained unless the parties were not living together as man and wife and were living in separate abodes at the time of the alleged theft. Sec. 23.2207. Theft from Coin-Operated Machines. A. A person commits theft from a coin-operated machine when the person knowingly and without authority and with intent to commit a theft from such machine, opens, breaks, into, tampers with, or damages a coin-operated machine. B. As used in this Section, the term "coin-operated machine" shall include any automatic vending machine or any part thereof, parking meter, coin telephone, coin laundry machine, coin dry cleaning machine, amusement machine, music machine, vending machine dispensing goods or services, money changer. Sec. 23.2208. Coin-Operated Machine: Possession of a Key or Device. VVhoever possesses a key, toot, instrument, explosive or device or a drawing, print or mold of a key, tool, instrument, explosive or device designed to open, break into, tamper with or damage a coin- operated machine as defined in paragraph B of Section 23.2207 of this Article, with intent to commit a theft from such machine shall be guilty of this violation. Sec. 23.2209. Penalty. Any Person who violates any provision of this Article shall be subject to a fine of not less than two hundred dollars ($200.00) nor more than our thousand dollars ($1,000:00). ARTICLE XXIII RETAIL THEFT Sec. 23.2301. Definitions Sec. 23.2302. Offense of Retail Theft Sec. 23.2303. Presumptions Sec. 23.2304. Detention Sec. 23.2305. Affirmative Defense Sec. 23.2306. Civil Liability Sec. 23.2307. Penalty As used in this Article, the following terms, phrases and/or definitions shall have the following meanings: CONCEAL Merchandise not visible through ordinary observation, although there may be some notice of it presence. 5 DECEPTION 1. Create or confirm another's impression which is false and which the offender does not believe to be true; or 2. Fail to correct a false impression which the offender previously has created or confirmed; or 3. Prevent another from acquiring information pertinent to the disposition of the property involved; or 4. Sell or otherwise transfer or encumber property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is not a matter or official record; or 5. Promise performance which the offender does not intend to perform or know will not be performed. Failure to perform standing alone is not evidence that the offender did not intend to perform. FULL RETAILVALUE The merchant's stated or advertised price of the merchandise. MERCHANDISE Any item or tangible personal property. 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. MINOR A person who is less than eighteen (18) years of age, is unemancipated and resides with his parents or legal guardian. OBTAIN 1. In relation to property, to bring about a transfer of interest or possession, whether to the offender or to another, and 2. In relation to labor or services, to secure the performance thereof. OBTAINS OR EXERTS Includes but is not limited to the taking, carrying away, CONTROL or the sale, conveyance, or transfer of title to, of interest in, or possession of property. OWNER A person, other than the offender, who has possession of or any other interest in the property involved, even though such interest or possession is unlawful, and without whose consent the offender has no authority to exert control over the property. PERMANENTLY DEPRIVE 1. Defeat all recovery of the property by the owner; or 2. Deprive the owner permanently of the beneficial use of the property; or 3. Retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or 4. Sell, give, pledge, or otherwise transfer any interest in the property or subject it to the claim of a person other than the owner. PEACE OFFICER As ascribed in 720 ILCS 5/2-13 of the Illinois Compiled Statutes. PERSON Any natural person or individual. PREMISES OF A RETAIL Including, but not limited to, the retail mercantile MERCANTILE establishment; any common use areas in shopping ESTABLISHMENT 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. PROPERTY Anything of value. Property includes real estate, money, commercial instruments, admission or transportation tickets, written instruments representing or embodying rights concerning anything of value, labor, or services, or otherwise of value to the owner; things growing on, affixed to, or found on land or part of or affixed to any building, electricity, gas and water; birds, animals and fish, which ordinarily are kept in a state of confinement; ;food and brink; samples, cultures, microorganisms, specimens, records, recording documents, blueprints, drawings, maps, and whole or partial copies, descriptions, photographs, compute programs or data, prototypes or models thereof or any other articles, materials, devices, substances and whole or partial copies, descriptions, photographs, prototypes, or models thereof which constitute, represent, evidence, reflect or record a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention, or improvement with a value of less than three hundred dollars ($300.00). RETAIL MERCANTILE Any place where merchandise is displayed, held, stored ESTABLISHMENT or offered for sale to the public. 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. THREAT A menace, however communicated, to: 1. Inflict physical harm the person threatened or any other person or property; or 2. Subject any person to physical confinement or restraint; or 3. Commit any criminal offense; or 4. Accuse any person of a criminal offense; or 5. Expose any person to hatred, contempt or ridicule; or 6. Harm the credit or business repute of any person; or 7. Reveal any information sought to be concealed by the person threatened; or 8. Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or 9. Bring about or continue to strike, boycott or other similar collective action if the property is not demanded or received for the benefit of the group which he purports to represent; or 10. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or 11. Inflict any other harm which would not benefit the person threatened. STOLEN PROPERTY Property over which control has been obtained by theft. UNDER RING To cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise. VALUE The worth of property consisting of any commercial instrument or any written instrument representing or embodying rights concerning anything of value, labor, or services or otherwise of value to the owner shall be: 1. The "market value" of such instrument if such instrument is negotiable and has a market value; and 2. The "actual value" of such instrument if such instrument is not negotiable or is otherwise without a market value, for the purpose of establishing such "actual value," the interest of any owner or owners entitled to part or all of the preperty represented by such instrument, by reason of such instrument, may be shown, even if another "owner" may be named in the complaint, information or indictment. Sec. 23.2302. 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 merehandise 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, 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 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 full retail value of such merchandise. D. Under rings with the intention of depriving the merchant of the full retail value of t h e merchandise. Sec. 23.2303. Presumptions. A person shall be presumed to have possessed, carded away or transferred 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 of such merchandise without paying the full retail value of such merchandise, if the person does the following: A. removes upon his or her person or among his or her belongings, unpurchased 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 payment for that merchandise in that retail mercantile establishment. Sec. 23.2304. 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, but only if such detention is pursuant to an immediate apprehension or pursuit of such person. Sec. 23.2305. Affirmative Defense. A detention as permitted in this Article does not constitute an arrest or an unlawful restraint, as defined in 720 ILCS 5/10-3, nor shall it render the merchant liable to the person so detained. 9 ec. 23.2306. 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 the Parental Responsibility Law, (740 ILCS 115/5). 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 had in addition to and is not limited by any other provision of law which limits the liability of a parent or legal guardian for tortious conduct of a minor. Sec. 23.2307. Penalty. Any Person who violates any prevision of this Article shall be subject to a fine of not less than two hundred dollars ($200.00) nor more than our thousand dollars ($1,000.00). ~ SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: Clowes, Corcoran, Hoefert, Lohrstorfer, Wilks NAYS: None ABSENT: Nocchi PASSED and APPROVED this 17th dayof February ,1998. ATTEST: // Carol A. Fields Village Clerk X:\USERS\CAROLF\WIN\ORDINANC\THEFT.23 10