A. Acts Constituting: Shoplifting consists of any one or more of the following acts:
1. Wilfully taking possession of any merchandise with the intention of converting it without paying for it;
2. Wilfully concealing any merchandise with the intention of converting it without paying for it;
3. Wilfully altering any label, price tag or marking upon any merchandise with the intention of depriving the merchant of all or some part of the value of it; or
4. Wilfully transferring any merchandise from the container in or on which it is displayed to any other container with the intention of depriving the merchant of all or some part of the value of it. (Ord. C66-194, 3-9-1982)
B. Unlawful; Value Specified: It is unlawful and considered to be shoplifting when the value of the merchandise shoplifted is not more than two hundred fifty dollars ($250.00). (Ord. C66-194, 3-9-1982; amd. 2006 Code)
C. Separate Or Additional Offense; Same Transaction: Any individual charged with a violation of this section shall not be charged with a separate or additional offense arising out of the same transaction.
D. Presumptions Created: Any person who wilfully conceals merchandise on his person or on the person of another, or among his belongings or the belongings of another, or on or outside the premises of the store, shall be prima facie presumed to have concealed the merchandise with the intention of converting it without paying for it. If any merchandise is found concealed upon any person or among his belongings, it shall be prima facie evidence of wilful concealment.
E. Reasonable Detention: If any law enforcement officer, special officer or merchant has probable cause for believing that a person has wilfully taken possession of any merchandise with the intention of converting it without paying for it, or has wilfully concealed merchandise, and that he can recover the merchandise by detaining the person or taking him into custody, the law enforcement officer, special officer or merchant may, for the purpose of attempting to effect a recovery of merchandise, take the person into custody and detain him in a reasonable manner for a reasonable time. Such taking into custody or detention shall not subject the officer or merchant to any criminal or civil liability.
F. Arrest Without Warrant: Any law enforcement officer may arrest without warrant any person he has probable cause for believing has committed the crime of shoplifting. Any merchant who causes such an arrest shall not be criminally or civilly liable if he has probable cause for believing the person so arrested has committed the crime of shoplifting. (Ord. C66-194, 3-9-1982)