HomeMy Public PortalAboutORD12639 BILL NO.97-47
SPONSORED BY COUNCILMAN McDowell
ORDINANCE NO.
" AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AMENDING CHAPTER 18
OF THE CODE OF THE CITY OF JEFFERSON, BY ADDING A NEW ARTICLE XIII
PERTAINING TO WILFUL CONCEALMENT OF UNPURCHASED MERCHANDISE.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
-$ection 1. Chapter 18 of the Code of the City of Jefferson is hereby amended to
include a new Article XIII pertaining to wilful concealment of unpurchased merchandise.
ARTICLE X111. WILFUL CONCEALMENT OF UNPURCHASED MERCHANDISE
Sec. 18-270. Definitions and rules of construction.
The definitions of sections 537.125.(1),(2)and(3)of the Revised Statutes of Missouri shall apply to the
provisions of this article.
Sec .
.18-271. Wilful concealment of unpurchased property—liability presumption.
A. A person commits the offense of wrongful concealment if he or she wilfully conceals unpurchased
merchandise of any mercantile establishment,either on the premises or outside the premises of such establishment
with the intent to deprive the owner.
B. As used in this section:
1. "Wilful concealment"is defined as any wrongful taking of merchandise offered I.
for sale or displayed by a merchant with the intent to deprive the owner;
2. "Wrongful taking"means to take,obtain,use,transfer,conceal,retain possession
OE �.
C. Any merchant,his agent or employee,who has reasonable grounds or probable cause to believe
that a person has committed or is committing a wilful concealment of merchandise from a mercantile establishment
may detain such person in a reasonable manner and for a reasonable length of time for the purpose of investigating
whether there has been a wrongful concealment of such merchandise. Any such reasonable detention shall not
constitute an unlawful arrest or detention,nor shall it render the merchant,his agent or employee criminally or
civilly liable to the person so detained.
D. Any person wilfully concealing unpurchased merchandise of any mercantile establishment,either
on the promises or outside the premises of such establishment,shall be presumed to have so concealed such
merchandise with (lie intention of committing a wrongful taking of such merchandise within the meaning of
Or"
� ' C.VnUAnihuiufYU�Wgb.dh�nu rrp0
p.
MINI-
�1
•t e � i; � t r °" r
4
i
i
� F!
r.
t
t
f .
:i subsection 1 of subpart B above,and the finding of such unpurchased merchandise concealed upon the person or I
`l among the belongings of such person shall be evidence of reasonable grounds and probable cause for the detention i
in a reasonable manner and for a reasonable length of time,of such person by a merchant,his agent or employee,
in order that recovery of such merchandise may be effected,and any such reasonable detention shall not be deemed
to be unlawful,nor render such merchant,his agent or employee criminally or civilly liable.
E. Any merchant,his agent or employee,who has reasonable grounds or probable cause to believe
that a person has committed a wrongful taking of property,as defined in this section,and who has detained such
person and investigated such wrongful taking, may contact law enforcement officers and instigate criminal
proceedings against such person. Any such contact of law enforcement authorities or instigation of a judicial
proceeding shall not constitute malicious prosecution,nor shall it render the merchant,his agent or employee
{ criminally or civilly liable to the person so detained or against whom proceedings are instigated.
Sec. 18-272-18-279. Reserved.
Be 'o . This Ordinance shall be in full force and effect from and after the date of
its passage and approval.
r �
Passed:_ Approved: L4 LI °� y�
Presi ' g Officer Mayor
ATTEST: APPROVED AS FORM:
qiCI ity C elor
i s
L r
i 1
F�r:.lYry�{wlt"1, 7rf'.4,+teWj.l.,Yfu%�i,'.1ti:'I-:Y�SLYw
7�a .r.,A¢ :+�;4::-r � Ab n, r4 ..,.: _,.. ,..ve�55.<::��11.'r13L.,.�;;s::':r`h..tx.c gd��7:;frz+'i��'•i, r rt�,.n+w,�> 1, '
7 ,
i t f k S
r