O-77-14I
ORDINANCE NO. 0 -77 -14
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 -14
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
ONE: of Deerfield of 1975, as amended, be and the same is
hereby further amended by adding a new Section 15 -29.3
entitled "Retail Theft" as follows:
"Sec. 15 -29.3. Retail Theft.
(a) Definitions: For the purposes of this Section, the following
words and phrases shall have the following meanings ascribed to
them:
(1) To "conceal" merchandise means that, although there may
be some notice of its presence, that merchandise is not
visible through ordinary observation.
(2) "Full Retail Value" means the merchant's stated or ad- -
vertised price of the merchandise.
(3) "Merchandise" means any item of tangible personal property.
(4) "Merchant" means an owner or operator of any retail mer-
cantile establishment or any agent, employee, lessee,
consignee, officer, director, franchisee, or independent
contractor of such owner or operator.
(5) "Minor" means a person who is less than 19 years of age,
is unemancipated and resides with his parents or legal
guardian.
(6) "Person" means any natural person or individual.
(7) "Peace Officer" means a police officer of the Village of
Deerfield or of any other governmental unit having legal
jurisdiction.
(8) "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.
(9) "Retail Mercantile Establishment" means any place where
merchandise is displayed, held, stored or offered for sale
to the public.
i,
(10) "Shopping Cart" means 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.
(11) "Under- ring" means to cause the cash register or other
sales recording device to reflect less than the full
retail value of the merchandise.
(b) Offense of 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 establish-
ment 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 deter-
mining value affixed to any merchandise displayed, held,
stored, or offered for sale, in a retail mercantile establish-
ment 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
(3) Transfers any merchandise displayed, held, stored or offered
for sale, in a retail mercantile establishment from the con-
tainer 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 mer-
cantile 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.
(c) Presumptions: If any person:
(1) conceals upon his person or among his belongings, unpur-
chased merchandise displayed, held, stored or offered for
sale in a retail mercantile establishment; and
r 1
(2) 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.
(d) 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:
(1) To request identification;
(2) To verify such identification;
(3) To make reasonable inquiry as to whether such person has
in his possession unpurchased merchandise and, to make
reasonable investigation of the ownership of such merchan-
dise;
(4) To inform a peace officer of the detention of the person
and surrender that person to the custody of a peace officer;
(5) 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.
(e) Affirmative Defense: A detention as permitted in this Section does
not constitute an arrest or an unlawful restraint, as defined in
Chapter 38, Illinois Revised Statutes, nor shall it render the
merchant liable to the person so detained.
(f) 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 hereby directed to publish this
TWO: ordinance 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
FOUR: from and after its passage, approval and publication as
provided by law.
AYES: Blumenthal, Gavin, Martyr 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.
PRESIDENT
ATTEST:
VILLAGE CLERK