[Ord. No. 102,
§ 2, 2-19-1996]
The purpose of this division is to protect the public health,
peace and welfare of property and person in the township from persons
committing retail fraud.
[Ord. No. 102,
§ 4, 2-19-1996]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
That, although there may be some notice of its presence,
merchandise is not visible through ordinary observation.
The merchant's stated or advertised price of the merchandise.
Any item of tangible personal property.
An owner or operator of any retail mercantile establishment
or any agent, employee, lessee, consignee, officer, director, franchisee,
or independent contractor of such operator or owner.
A person who is less than 18 years of age, is unemancipated,
and resides with his parents or legal guardian.
A member of the township police department.
Includes but is not limited to the retail store, and common
use areas in shopping centers and all parking areas set aside by a
merchant, or on behalf of a merchant, for the parking of vehicles
for the convenience of the patrons of such retail store.
Any of the following acts or conduct:
While a retail store is open to the public, alter, transfer,
remove and replace, conceal, or otherwise misrepresent the price at
which merchandise is offered for sale, with the intent not to pay
for the merchandise or to pay less than the full retail value.
While a retail store is open to the public, steal merchandise
of the store that is offered for sale.
With intent to defraud, obtain or attempt to obtain money or
property from a retail store as a refund or exchange for merchandise
which was not paid for as belonging to the retail store.
Remove a shopping cart from the premises of a retail store without
the consent of the merchant at the time of such removal with the intention
of depriving the merchant permanently of the possession, use or benefit
of such cart.
Under-ring with the intention of depriving the merchant of the
full retail value of the merchandise.
Any place where merchandise is displayed, held, stored or
offered for sale to the public.
Those pushcarts of the types which are commonly provided
by grocery stores, drugstores or other retail stores for the use of
the public for transporting commodities in stores and markets, and
incidentally, from the store to a place outside the store.
The unlawful taking and carrying away of the property of
another with the intent to permanently deprive that person of that
property.
To cause a cash register or other sales recording device
to reflect less than the full retail value of the merchandise.
[Ord. No. 102,
§ 5, 2-19-1996]
If any person conceals upon his person or among his belongings
unpurchased merchandise displayed, held, stored or offered for sale
in a retail store and removes that merchandise beyond the last known
station for receiving payments for merchandise in that retail store
without paying the full retail value of such merchandise, 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.
[Ord. No. 102,
§ 6, 2-19-1996]
It shall be unlawful for any person to commit retail fraud within
the township.
[Ord. No. 102-01, § 1(7), eff. 10-22-1999]
Any person who violates the provisions of this division, shall
upon conviction thereof, be guilty of a misdemeanor, and subject to
a penalty not to exceed $500 or imprisonment in the county jail for
a period not to exceed 93 days, or both such fines and imprisonment,
plus actual cost of prosecution.
