O-77-13ORDINANCE NO. 0 -77 -13
AN ORDINANCE AMENDING CHAPTER 15
OF THE MUNICIPAL CODE OF THE VILLAGE
OF DEERFIELD OF 1975
Published in pamphlet form this
21st day of February, 1977, by
the President and Board of Trustees
of Deerfield.
ORDINANCE NO. 0 -77- 13
AN ORDINANCE AMENDING CHAPTER 15
OF THE MUNICIPAL CODE OF THE VILLAGE
OF DEERFIELD OF 1975
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS:
SECTION That Chapter 15 of the Municipal Code of the Village of
ONE: Deerfield of 1975, as amended, be and the same is hereby
further amended by adding a new Section 15 -29.2 entitled
"Theft" as follows:
"Sec. 15 -29.2. Theft.
(a) Definitions: As used in this Section, the following terms shall
have the following meanings:
(1) "Property" means 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 drink; samples, cultures, microorganisms,
specimens, records, recordings, documents, blueprints, drawings,
maps, and whole or partial copies, descriptions, photographs,
prototypes or models thereof, or any other articles, materials,
devices, substances and whole or partial copies, descriptions,
photographs, prototypes, or models thereof which constitutk,,�,_
represent, evidence, reflect or record a secret scientific,
technical, merchandising, production or management information,
design, process, procedure, formula, invention, or improvement.
(2) "Owner" means a person, other than the offender, who has pos-
session 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.
(3) "Permanently deprive" means to:
(A) Defeat all recovery of the property by the owner; or
(B) Deprive the owner permanently of the beneficial use of
the property; or
(C) 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
(D) Sell, give, pledge, or otherwise transfer any interest in
the property or subject it to the claim of a person other
than the owner.
(4) "Deception" means knowingly to:
(A) Create or confirm another's impression which is-false and
which the offender does not believe to be,true; or
(B) Fail to correct a false impression which the offender
previously has created or confirmed; or
(C) Prevent another from acquiring information pertinent to
the disposition of the property involved; or
(D) Sell or otherwise transfer or encumber property, failing
to disclose a lien, adverse claim, or other legal impedi-
ment to the enjoyment of the property, whether such
impediment is or is not valid,.or is or is not a matter
of official record; or
(E) Promise performance which'the offender does not intend
to perform or knows will not be performed. Failure to
perform standing alone is not evidence that the offender
did not intend to perform.
(5) "Threat" means a menace, however communicated, to:
(A) Inflict physical harm on the person threatened or any
other person or on property; or
(B) Subject any person to physical confinement or restraint;
or
(C) Commit any criminal offense; or
(D) Accuse any person of a criminal offense; or
(E) Expose any person to hatred, contempt or ridicule; or
(F) Harm the credit or'business repute of any person; or
(G) Reveal any information sought to be concealed by the
person threatened; or
(H) Take action as an official against anyone or anything,
or withhold official action, or cause such action or
withholding; or
(I) Bring about or continue a strike, boycott or other
similar collective action if the property is not de-
manded or received for the benefit of the group which
he purports to represent; or
(J) Testify or provide information or withhold testimony
or information with respect to another's legal claim
or defense; or
(K) Inflict any other harm which would not benefit the
offender.
(6) "Stolen property" means property over which control has been
obtained by theft.
(7) "Obtain" means:
(A) In relation to property, to bring about a transfer of
interest or possession, whether to the offender or to
another; and
(B) In relation to labor or services, to secure the perfor-
mance thereof.
(8) "Obtains or exerts control" over property, includes. but is
not limited to the taking, carrying away, or the sale, con-
veyance, or transfer of title to, or interest in, or posses-
sion of property.
(9) "Value" of property consisting of any commercial instrument
or any written instrument representing or embodying rights
concerning anything of value, labor, or services or other-
wise of value to the owner shall be:
(A) The "market value" of such instrument if such instru-
ment is negotiable and has a market value; and
(B) The "actual value" of such instrument if such instru-
ment 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 instru-
ment, by reason of such instrument, may be shown, even
if another "owner" may be named in the complaint.
(b) Elements of the Offense: A person commits theft when he knowingly:
(1) Obtains or exerts unauthorized control over property,of the
owner; or
(2) Obtains by deception control over property of the owner; or
(3) Obtains by threat control over property of the owner; or
(4) 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
(A) Intends to deprive the owner permanently of the use
or benefit of the property; or
(B) Knowingly uses, conceals or abandons the property in
such a manner as to deprive the owner permanently of
such use or benefit; or
(C) Uses, conceals, or abandons the property knowing such
use, concealment or abandonment probably will deprive
the owner permanently of such use or benefit.
(c) Prima facie evidence - -Theft by Lessee: 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 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 him and shown on the leasing
agreement shall constitute proper demand.
(d) Theft of Lost or Mislaid Property: A person who obtains control
over lost or mislaid property commits theft when he:
(1) Knows or learns the identity of the owner or knows, or is
aware of, or learns of a reasonable method of identifying
the owner; and
(2) Pails to take reasonable measures to restore the property
to the owner; and
(3) Intends to deprive the owner permanently of the use or
benefit of the property.
(e) Theft of Labor or Services or Use of Property: A person commits
theft when he obtains the temporary use of property, labor or
services of another which are available only for 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.
(f) Offender's Interest in the Property: 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.
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.
(g) Theft from Coin - operated Machines: A person commits theft from
a coin - operated machine when he 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.
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.
(h) Coin - operated Machines; Possession of a Key or Device: Whoever
possesses a key, tool, 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 (g) with intent
to commit a theft from such machine, shall be guilty of a viola -
tion thereof.
(i) Penalty: Any person convicted of any violation of the provisions
of this Section shall be fined not more than Five Hundred ($500.00)
Dollars for each offense.
SECTION That the Village Clerk is directed to publish this ordinance
TWO: in pamphlet form.
SECTION That all ordinances or parts of ordinances in conflict
THREE: herewith are, to the extent of such conflict, hereby
repealed.
SECTION That this ordinance shall be in full force and effect from
FOUR: and after its passage, approval and publication as provided
by law.
AYES: Blumenthal, Gavin, Marty, Seidman, Swanson (5)
NAYS: None (0)
ABSENT: Stiehr (1)
PASSED this 21st day of February A.D., 1977.
APPROVED this 21st day of February A.D., 1977.
r •
VILLAGE PRESIDENT
ATTEST:
_ t ,
VILLAGE CLERK