Ordinance 4253 - Laserfiche WebLink

ORDINANCE 44l .t -? 1 2 AN ORDINANCE relating to shoplifting, and criminal and civil defenses relating thereto, and prescribing penalties : ; 3 and declaring an Emergency to exist : NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: That Title 6 of the Everett City Code is 5 hereby amended by adding a section thereto which shall be entitled "Shopliftingt1 and which shall be known as Chapter 6.64, and which 6 shall read as follows : 7 6.64.010 Shoplifting defined. A person who wilfully takes possession of any goods, wares or merchandise of the value 8 of less than Seventy Five Dollars ($75 .00) offered for sale by any wholesale or retail store, or other mercantile establishment, 9 without the consent of the seller, with the intention of con- verting such goods, wares or merchandise to his own use without 10 having paid the purchase price thereof, is guilty of a misde- meanor of shoplifting . 11 6.64.020 Violations - penalty. Upon a first conviction 12 or a violation of this chapter, such person shall be punished by a fine of not less than Fifty Dollars (S50 .00) nor more than 13 Three Hundred Dollars ($300 .00), or by imprisonment in the county jail for a period not to exceed ninety (90) days, or by both such 14 fine and imprisonment . Upon each subsequent conviction, said person shall be punished by a fine of not less than One Hundred 15 Fifty Dollars ($150.00) nor more than Three Hundred Dollars ($300 .00) or by imprisonment in the county jail for not less than 16 thirty (30) days and not more than ninety (90) days, or by both such fine and imprisonment . 17 6 .6+.030 Defenses - Criminal action. In any criminal 18 action brought by reason of any person having been detained on or in the immediate vicinity of the premises of a mercantile estab- 19 lishment for the purpose of investigation or questioning as to the ownership of any merchandise, it shall be a defense of such 20 action that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation 21 or questioning by a peace officer or by the owner of the mercan- tile establishment, his authorized employee or agent, and that 22 such peace officer, owner, employee or agent had reasonable grounds to believe that the person so detained was committing or 23 attempting to commit larceny or shoplifting on such premises of such merchandise . As used in this section, "reasonable grounds" 24 shall include, but not be limited to, knowledge that a person has concealed possession of any unpurchased merchandise of a mer- 25 cantile establishment and a "reasonable time" shall mean the time necessary to permit the person detained to make a statement or to 26 refuse to make a statement, and the time necessary to examine employees and records of the mercantile establishment relative 27 to the ownership of the merchandise . 28 6.64.040 Defenses - Civil action. In any civil action brought by reason of any person having been detained on 29 or in the immediate vicinity of the premises of a mercantile es- tablishment for the purpose of investigation or questioning as 30 to the ownership of any merchandise, it shall be a defense of such action that the person was detained in a reasonable manner 31 and for not more than a reasonable time to permit such investiga- tion or questioning by a peace officer or by the owner of the 32