Quote:
Sec. 70-1. State law misdemeanors adopted by reference.permanent link to this piece of content
All provisions of chapter 720 or other chapters of the Illinois Compiled Statutes, violations of which constitute misdemeanors, are adopted by reference as city ordinances, as if set out at length in this chapter.
Quote:
Sec. 70-266. Retail theft.permanent link to this piece of content
(a)
Offense of retail theft. A person commits the offense of retail theft when he or she 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 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; or
(2)
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
(3)
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; or
(4)
Under-rings with the intention of depriving the merchant of the full retail value of the merchandise.
(5)
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.
(b)
Presumptions. If any person:
(1)
Conceals 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
(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.
(c)
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 investigation of the ownership of such merchandise;
(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.
(d)
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, as now or hereafter amended, or shall it render the merchant liable to the person so detained.
(e)
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 740 ILCS 115/5, approved October 6, 1969, as now or hereafter amended. 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 tortuous conduct of a minor.
(f)
Repeat offenders. Any person arrested for or convicted of retail theft under this section, or State Statute, who is arrested for retail theft a second or further time, shall not be charged under this section, but shall be charged under the State Statute provisions relating to retail theft, 720 ILCS 5/16A-1 et seq.
(g)
Fines. A person convicted of a violation of this subsection shall be fmed not less than $100.00 nor more than $750.00. In addition to, or in lieu of a fine, any person convicted of a violation of this subsection may be required to perform public community service work.
(Ord. No. 03-11, § 1, 2-11-2003)