HomeMy WebLinkAbout640_00001ORDINANCE NO.640
i AN ORDINANCE AMENDING TITLE 7 OF THE MOSES LAKE
MUNICIPAL CODE ENTITLED "OFFENSES"BYADDING THERE-
TO CHAPTER 7.26 ENTITLED "SHOPLIFTING".
THE CITY COUNCIL OF THE CITTOF MOSES LAKE,WASHINGTON,DOES ORDAIN
AS•FOLLOWS:
Section 1.Title 7 of the Moses Lake City Code entitled "Offenses"is amended
to add a new section thereto "Shoplifting"and codified as follows:
7.26.04 SHOPLIFTING.A person who willfully takes
possession of any goods,wares or merchandise of the value of less
than seventy-five dollars offered for sale by any wholesale or retail
store or other mercantile establishment without the consent of the
seller,with the intention of converging such goods,wares of mer-
chandise to his own use without having paid the purchase price thereof,
is guilty of a gross misdemeanor of shoplifting.Upon a first convic-
tion therefor,he shall be punished by a fine of not less than fifty dollars
and not more than five hundred dollars,or by imprisonment in the city
or county jail for not less than five days and not more than six months,
or both such fine and imprisonment.Upon each subsequent conviction .
he shall be punished by a fine of not less than five hundred dollars,
or by imprîsonment in the city or county jail for not less than thirty
days and not more than six months,or both such fine and imprisonment.
7.26.08 ARREST WITHOUT WARRANT AUTHORI2ED,WHEN.
A peace officer may,upon a charge being made and without a warrant,
arrestany person,whom he has reasonable cause to believe has committ-
i ed or attempted to commit the crime of shoplifting.
7.26.12 '9EACE OFFICER"DEPINED.For the purposes of this
chapter ."peaceofficer"means a duly oppointed city,countýorstate
law enforcement offîcer.
7.26.16 ACTION FOR BEING DETAINED ON MERCANTILE ESTABLISH-
MENT PREMISES FOR INVESTIGATDN--"REASONABLE GROUNDS"AS
DEFENSE.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 1;he person was detained in a reasonable manner and for not
more than a reasonable tîme 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 peace officer,owner,em-
ployee or agent had reasonable grounds to believe that the person so
detained was commîtting or attempting to commit larceny or shopifting
on such premises of such merchandise.As used in this section,"reason-able grounds"shall include,but not be limited to,knowledge that a
person has concealed possess.ion of unpurchased merchandise of a mer-
cantile establishment,and a "reasonable time"shall mean the time
necessary to permit the person detainedto make a statement or to refuse
to make a statement,and the time racessary to examine employees and
records of the mercantile establishment relative to the ownership of the
merchandise.
7.26.20 ACTION FOR BEING DETAINED ON MERCANTILE ESTABLISH-
I MENT PREMISES FOR INVESTIGATION --"REASONABLE GROUNDS"AS
DEFENSE.In any criminal action brought by reason of any personhavingbeendetainedonorintheimmediatevicinityofthepremises of
a mercantile establishment.for the purpose of investigation or question-
ing as tothe 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 orquestioningbyapeaceofficerorbytheownerofthemercantileestab-
11shment,his authorized employee or agent,and that such peace officer,
owner,employee or agent had reasonable ground to believe that the per-
l
Ordinance No.640 :2
5 son so detained was committint)or attempting to commit larceny or shop-lifting on such premises of such merchandise.As used in this section,"reasonablegrounds"shall include,but hot be limited to,knowlegethatapersonhasconcealedpossessionofunpurchasedmerchandise ofamercantileestablishment,and a "reasonable time"shall mean thetimenecessarytopermitthepersondetainedtomakeastatementor torefusetomakeastatement,and the time necessary to examine employeesandrecordsofthemercantileestablishmentrelativetotheownershipofthemerchandise.
Section 2.That all ordinances or part thereof in conflict with the provisionsofthisordinancebe,and the same are hereby repealed.
Section 3.Effective Date.This ordinance shall be in fulf force and effectfive(5)days from and after its passage,approval and legal publicationasprovidedbylaw.
PASSED by the Cîty Council of the City of Moses Lake,Washington,and APPROVEDby its Mayor this 29 day of arch ,1972.
MAYOR,Otto M.kaug
ity lerk,Citartâi et
APP D AS TO FOR
Attorney,John E.Ca bom
i