A. Definitions: For purposes of this section, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent within the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely directory. To the extent a word is not defined in this section, the meanings attached to those words as defined in 720 Illinois Compiled Statutes 5/16-0.1 shall apply. Other words not defined in this section or in the above-referenced statute shall be given their plain and ordinary meanings.
JUVENILE: Any unemancipated person seventeen (17) years of age or younger.
MERCHANDISE: Property offered for sale.
PARENT: Any person having legal custody of a juvenile: 1) as a natural or adoptive parent; 2) as a legal guardian; 3) as a person who stands in loco parentis; or 4) as a person to whom legal custody has been given by court order.
PERSON: Juveniles and those who are not juveniles.
PROPERTY: Any tangible or intangible item or object.
B. Types Of Theft:
1. Theft From Person Or Property: A person commits a theft when he knowingly: a) obtains or exerts unauthorized control over property of another person which is valued at less than five hundred dollars ($500.00); or b) obtains or exerts control of property of another person by deception which is valued at less than five hundred dollars ($500.00); or c) obtains or exerts control of property of another person by threat which is valued at less than five hundred dollars ($500.00); or d) obtains control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce a person to believe that the property was stolen.
2. Theft Of Lost Or Mislaid Property: A person who obtains control over lost or mislaid property commits theft when he: a) knows or learns the identity of the owner or knows or learns a reasonable method of identifying the owner; b) fails to take reasonable measures to restore the property to the owner; and c) intends to deprive the owner of the use or benefit of the property.
3. Retail Theft: A person commits the offense of retail theft when he knowingly commits one or more of the following acts and the property is valued at one hundred fifty dollars ($150.00) or less:
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.
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.
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 the merchandise.
e. Removes a shopping cart from the premises of a retail mercantile 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.
f. Represents to a merchant that he or another is the lawful owner of the property, knowing that such representation is false, and conveys or attempts to convey that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant.
g. Uses or possesses any theft detection shielding device or theft detection device remover with the intention of using such device to deprive the merchant permanently of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise.
4. Theft Of Labor Or Services: A person commits theft of labor or services when he knowingly obtains the temporary use of 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 labor or services.
(Ord. 2507, 5-22-2018)
5. Fraud: It shall be unlawful for any person, firm or corporation to obtain possession of any goods, property or thing of value by any false proceedings or by cheating or by fraud of any kind.
(1980 Code § 53-36)
C. Parental Responsibility: It shall be unlawful for any parent of a juvenile that resides in the same home as that juvenile to allow him/her to knowingly possess stolen property. A parent shall be deemed to know that a juvenile possesses stolen property when: 1) a reasonable person would be induced to believe that the property in the juvenile's possession was obtained in violation of this section; or b) a parent fails to take reasonable steps to inquire as to the legality of the juvenile's possession of the property; and, in addition to either of the above, c) fails to take reasonable measures to restore the property to its proper owner.
D. Penalty: Any person found to be in violation of this section shall be fined not less than one hundred dollars ($100.00) or the value of the stolen property or merchandise, whichever is greater. Each act or individual piece of property stolen shall constitute a separate offense. When deciding the amount of the fine, the Hearing Officer may consider prior violations for similar conduct.
(Ord. 2507, 5-22-2018)