HomeMy WebLinkAbout2994 AN ORDINANCE declaring shoplifting to
be a misdemeanor, providing punishment
therefore; and providing for detainment
on mercantile establishment for investi-
gation; and declaring an emergency.
THE CITY OF BREMERTON DOES ORDAIN:
Section 1: A person who wilfully takes possession
of any goods, wares or merchandise of the value of less than
seventy-five dollars ($75.00) offered for sale by any wholesale
or retail store or other mercantile establishment without the
consent of the seller, with the intention of converting sudh goods,
wares or merchandise to his own use without having paid the purchase
price thereof, is guiZty of a misdemeanor of shoplifting. Upon a
conviction therefore~ he may be punished by a fine of not more
than three hundred dollars, or by imprisonment in the city jail
for not more than 90 days, or both such fine and imprisonment.
Section 2: In any civil action brought by reason
of any person having been detained on or in the immediate vicinity
of the premises of a mercantile establishment for the purpose of
investigation or questioning as to the ownership of any merchandise,
it shall be a defense of such action that the person was detained
in a reasonable manner and for not more than a reasonable time to
permit such investigation or questioning by a peace officer or by
the owner of the mercantile establishment, his authorized employee
or agent, and that such peac~ offiSer~owner, employee or agent had
reasonable grounds to believe that the person so detained was
committing or attempting to commit larceny or shoplifting on such
premises of such merchandise.
As used in this section, "reasonable grounds" shall include, but
not be limited to, knowledge that a person has concealed possession
of unpurchased merchandise of a mercantile establishment, and a
"reasonable time" shall mean the time necessary to permit the
person detained to make a statement or to refuse to make a
-1-
statement, and the time necessary to examine employees and records
of the mercantile establishment relative to the ownership of the
merchandise.
Section 3: That an emergency exists affecting the
public peace, health, safety and welfare of the citizens of the
City of Bremerton, and this Ordinance shall take effect immediately
following passage and publication.
PASSED unanimously on first reading by the City
Council of the City of Bremerton, signed by the Mayor and attested
by the City Clerk in authentication of such passage this ~day
of December, 1971.
ATTEST:
G.C. ~E~DON, SR., City Clerk