[Added 8-8-2002 by Ord. No. 2002-08-08-J; amended 3-21-2024 by Ord. No. 2024-0321B]
A person commits the offense of retail theft when he knowingly:
A. 
Takes possession of, carries away, transfers, or causes to be carried away or transferred any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining the merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of the merchandise without paying the full retail value of the merchandise;
B. 
Alters, transfers or removes any label, price tag, marking, indication of value or any other markings which aid in determining the value affixed to any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment and attempts to purchase the merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of the merchandise;
C. 
Transfers any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment from the container in or on which the merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of the merchandise;
D. 
Under-rings with the intention of depriving the merchant of the full retail value of the merchandise;
E. 
Removes a shopping cart from the premises of a retail mercantile establishment without the consent of the merchant given at the time of removal with the intention of depriving the merchant permanently of the possession, use, or benefit of the cart;
F. 
Represents to a merchant that he or another is the lawful owner of property, knowing that such representation is false, and conveys or attempts to convey that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant;
G. 
Uses or possesses any theft detection shielding device or theft detection device remover with the intention of using such device to deprive the merchant permanently of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise; or
H. 
Obtains or exerts unauthorized control over property of the owner and thereby intends to deprive the owner permanently of the use or benefit of the property when a lessee of the personal property of another fails to return it to the owner, or if the lessee fails to pay the full retail value of such property to the lessor in satisfaction of any contractual provision requiring such, within 10 days after written demand from the owner for its return. A notice, in writing, given after the expiration of the leasing agreement, by registered mail, to the lessee at the address given by the lessee and shown on the leasing agreement shall constitute proper demand.
If any person conceals upon his person or among his belongings unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment and removes that merchandise beyond the last known station for receiving payments for the merchandise in that retail mercantile establishment, that person shall be presumed to have possessed, carried away or transferred the merchandise with the intention of retaining it or with the intention of depriving the merchant permanently of the possession, use or benefit of the merchandise without paying the full retail value of the merchandise.
A. 
Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain that person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:
(1) 
To request identification;
(2) 
To verify identification;
(3) 
To make reasonable inquiry as to whether the person has in his possession unpurchased merchandise and to make reasonable investigation of the ownership of the merchandise;
(4) 
To inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer;
(5) 
In the case of a minor, to inform a peace officer, the parents, guardian or other private person interested in the welfare of that minor of this detention and to surrender custody of the minor to the person.
B. 
A merchant may make a detention as permitted herein off the premises of a retail mercantile establishment only if detention is pursuant to an immediate pursuit of the person.
C. 
A merchant shall be deemed to have reasonable grounds to make a detention for the purposes of this section if the merchant detains a person because such person has in his or her possession either a theft detection shielding device or a theft detection device remover.
A person commits theft when such person knowingly:
A. 
Obtains or exerts unauthorized control over property of the owner; or
B. 
Obtains by deception control over property of the owner; or
C. 
Obtains by threat control over property of the owner; or
D. 
Obtains control over stolen or mislaid property, knowing the property to have been stolen or mislaid by another or under such circumstances as would reasonably induce such person to believe that the property was stolen or mislaid by another, and:
(1) 
Fails to promptly notify the owner or Police Department of such possession; or
(2) 
Intends to deprive the owner permanently of the use or benefit of the property; or
(3) 
Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or
(4) 
Uses, conceals or abandons the property, knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.
E. 
Obtains the permanent or temporary use of property, labor, or services of another which are available only for hire by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor, or services.