The purpose of this article is to provide for appropriate cost recovery from businesses which permit, allow, or fail to prevent excessive calls for police service related to shoplifting and to businesses which habitually fail to file or support criminal proceedings against an alleged shoplifter after making a call for police service, all of which compromise the public health, safety and welfare of the Township.
[HISTORY: Adopted by the Board of Supervisors of the Township of East Lampeter as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-5-2015 by Ord. No. 316]
As used herein, the following terms shall have the meaning indicated:
The Board of Supervisors of the Township of East Lampeter, Lancaster County, Pennsylvania.
Any individual, sole proprietor, corporation, partnership, limited liability company, and any other type of business entity which engages in business or commercial activities, including the sale of goods, within the Township.
The period which begins on the first day of one of the months as named in the calendar and which ends on the last day of that same month as named in the calendar.
A complaint filed in municipal court by a witness to a shoplifting event alleging a shoplifting event.
The individual or entity which is responsible for the management of a business as defined herein, or the person who appears to the general public to have supervisory responsibility for the management of such a business.
The individual or entity which owns a business as defined herein.
The East Lampeter Township Police Department.
The costs as established in the provisions which follow.
Theft of merchandise or goods from a business as defined herein.
A call made to the Police by a representative of a business to report an incident, or suspected incident, of shoplifting.
Township of East Lampeter, Lancaster County, Pennsylvania.
A.
Every owner and/or manager responsible for the management and regulation of a business is required to pay police service costs for:
B.
Police service costs.
(1)
For each shoplifting call in excess of 10 within a calendar month, an owner and/or manager responsible for management and regulation of the business shall make payment of $250 to the Township; and
(2)
For each shoplifting call which does not result in the filing of a criminal complaint by the business in excess of two within a calendar month, an owner and/or manager responsible for management and regulation of the business shall make payment of $250 to the Township.
Prior to the issuance of a police service cost invoice, the Township shall provide the business owner with notice that the business is approaching the threshold amount of shoplifting calls and/or shoplifting calls which do not result in the filing of a criminal complaint which will result in the business' responsibility for police service costs.
Police service costs due in accordance with this article shall be billed to the owner and/or manager with responsibility to manage the business by the Township through a police service cost invoice and shall be due and payable within 30 days of such billing.
A.
The police service cost invoice shall identify the calendar month, the business, and the date of each shoplifting call during that calendar month, with an indication of whether that shoplifting call resulted in the filing of a criminal complaint.
B.
The police service cost invoice shall indicate the number of shoplifting calls in excess of 10 during that calendar month and shall indicate the number of shoplifting calls which did not result in the filing of a criminal complaint in excess of two during that calendar month and shall indicate the amount of the police service cost to be reimbursed by the business.
Unpaid police service costs may be collected by civil action by the Township against the owner and/or manager with responsibility to manage the business and/or may be imposed or assessed against the subject property as a municipal lien or added to the next property tax bill for the subject property. In either event, a penalty of 10% and interest at the rate of 10% per annum shall be added and collected as provided by law for payments not made within 30 days of billing.
All ordinances or parts of ordinances inconsistent or in conflict with this article are hereby repealed as to said inconsistencies and conflict.
If any section, part of any section, or clause or phrase of this article is for any reason held to be invalid or unconstitutional, such decision shall not affect the remaining provisions of this article. The governing body of the Township of East Lampeter declares that it would have passed this article and each section and subsection thereof, irrespective of the fact that any one or more of the subsections, sentences, clauses or phrases may be declared unconstitutional or invalid.
This article shall take effect on December 1, 2015.