HomeMy WebLinkAboutordinance.council.018-94
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ORDINANCE NO. I g
Series of 1994
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
PROHIBITING SHOPLIFTING, ESTABLISHING ELEMENTS OF PRIMA FACIE
EVIDENCE OF SHOPLIFTING, AUTHORIZING THE GOOD FAITH DETENTION OF
PERSONS REASONABLY SUSPECTED OF SHOPLIFTING, AND ESTABLISHING AN
EXEMPTION FROM LIABILITY FOR CERTAIN CLAIMS ARISING OUT OF ANY SUCH
DETENTION.
Whereas, The City of Aspen has a large retail community which is damaged by the
occurrence of shoplifting of merchandise; and,
Whereas, The City of Aspen has no municipal ordinance prohibiting shoplifting', the
absence which ordinance requires all shoplifting charges brought by the Aspen Police
Department to be prosecuted in Pitkin County Court and not in the Municipal Court of the City
of Aspen; and,
Whereas, the efficiency of the Aspen Police Department in prosecuting shoplifting cases
would be increased if an ordinance existed which allowed prosecution of shoplifting charges in
the Municipal Court of the City of Aspen; and,
Whereas, the Colorado Supreme Court has determined that "municipal courts are
particularly adaptable to the handling of the crime of shoplifting and this type of theft constitutes
a great problem and should be combated not only by state authorities in state courts, but also
by police departments in municipal courts";
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1
The Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a
section which said section reads as follows:
Section 13-32 Shoplifting Prohibited.
(a) It shall be unlawful for any person to commit shoplifting. Shoplifting
is the willful taking of possession of any goods, wares, or merchandise, having
an aggregate value of less than Four Hundred Dollars, owned or held by and
offered or displayed for sale by a store or other mercantile establishment, with
the intention of converting the merchandise to the use of the person so taking
possession,
(b) If any person willfully conceals unpurchased goods, wares or
merchandise, having an aggregate value of less than Four Hundred Dollars,
owned or held by and offered or displayed for sale by a store or other mercantile
establishment, whether the concealment be on his or her own person or otherwise
and whether on or off the premises of said store or mercantile establishment, such
concealment constitutes prima facie evidence that the person intended to commit
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the crime of shoplifting.
( c) If any person conceals upon his or her person or otherwise carries
away any unpurchased goods, wares, or merchandise, having a value of less than
Four Hundred Dollars, owned or held by and offered or displayed for sale by a
store or other mercantile establishment, the merchant or any employee thereof or
any peace or police officer, acting in good faith and upon probable cause based
on reasonable grounds therefor, may detain and question such person in a
reasonable manner for the purpose of ascertaining whether the person is guilty of
shoplifting. Such questioning of a person by a merchant, merchant's employee,
or peace or police officer shall not render the merchant, merchant's employee,
or peace or police officer civilly or criminally liable for slander, false arrest, false
imprisonment, malicious prosecution, or unlawful detention.
Section 2
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed of amended as herein provided, and the same shall be construed and concluded under
such prior ordinances.
Section 3
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If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 4
A public hearing on the ordinance shall be held on the ~ day of
1994, in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the 015 day of ~J , , 1994,
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John S. Bennett, Mayor
ATTEST:
FINALLY adopted, passed and approved this
lJ7~ ' 1994.
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John .Bennett, Mayor
ATTEST:
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Kathryn S.
ew,
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