HomeMy WebLinkAbout31879 / 82-03. � �.
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May 6, 1982
FIRST READING
PURPOSE: AMEND SHOYLIFTING ORDINANCE
INITIATED BY: LEGAL DEPARTrIENT
1� 7 ORDIti��CE
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING A�D RECRE9TING SECTION
18-21 OF THE MUNICIPAL CODE OF TAE CITY OF OSHI:OSH:
Th� r�mm�., v�..,,�y� �r rhe riry .,r Oshkosh d.� ntdain as fn�lows:
SECTION 1. That Section 18-21 SEiOPLIFTING is hereby repealed and
recreated to read as follows:
SECTION 18-21 SHOPLIrTING
(A) Whoever intentional2y alters indicia of price or value of iner-
chandise or who takes and carries away, transfers, conceals or
retains possession of inerchandise held for reaale by a nexchant
or property of the merchant without his or her consent 2nd with
intent to deprive the merchant permanently of poss�ssion, or the
full purchase price, of the merchandise may be penalized as pro-
vided in Sec. 18-81.
(B) The intentional concealment of unpurchased merchandise :ohich con-
tinues be}�ond the last station for receiving payments in a uler-
chant's store is evidence of intent to deprive the merchant per-
manently of possession of such merchandise witnout paying the pur-
chase price thereof. The discovery of unpurchased merchandise con-
cealed upon the person or among the belongings of such person oi
conceal.=d by a person upon the person or among �he belongings of
another i� evidence of intentional concealment on the part of the
pe_aon so cor.cca..i^.<; ��c?� gco��.
(C) A merchant or merchant's adult employee who has probable cause for
believiitg that a person has ciolated this section in his oc her pre-
sence may detain tha person in a reasonable manner £or a reasonable
length of tzrme to deliver the person to a peace officer, or to his
or her parent or guardian in the case of a minor. The detained per-
son must be nromptly informed of the purpose for the detent:on and
be r__�n_itC�d tc� r.:al.: p,.�.�e ..�lls, l,ut .._ ur si�s s.�7_1 uat b� i�Cer�o-
gated or searched against his or her will before the arrival of a
peace ofEicer who m.ay conduct a 2awful intarrooation of the accused
person. Any merchant or merchant's adult employee who acts in good
fait_h in any act authori.zed under this section is im,mune from civi2
or criminal liability for those acts.
- 7A -
May 6, 1982
ll '7 ORDIVANCE - Amend
Shoplifting - Cont'd.
(D) In any action or proceeding for violation of this section, duly
identified and authenticated photographs of inerchandise which was
the subject of the violation nay be used as evidence in lieu of pro-
ducing the merchandise.
SECTION 2. This ordinance shall be in full force and effect from and
after its passage and date of publication.
- 7B -
SUBi�ITTED BY
AP°ROVED
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