Title
An Ordinance Prohibiting the Possession, Use or Attempted Use of Shoplifting Devices
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
Body
WHEREAS, the City Council of the City of Foley has determined that shoplifting and retail theft is a serious problem; and
WHEREAS, stores in the City of Foley have implemented inventory and theft prevention devices, however these devices can be circumvented with the use of so-called “Booster Bags” and other theft detection shielding devices that serve no legitimate purpose; and
WHEREAS the City Council of the City of Foley desires to be a business friendly community and has determined that these particular items should be outlawed; and
WHEREAS the City Council of the City of Foley has determined that prohibiting such items is in the best interest of the public health, safety and welfare of the citizens of the City of Foley.
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA AS FOLLOWS:
1. That the following previsions are hereby adopted and passed and are to be codified in Chapter XI of the Code of the City of Foley in a new article, Article V - Shoplifting, in addition to the current provisions found therein:
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SECTION I. DEFINITIONS
For the purpose of this Article, the following words and phrases shall have the meaning respectively ascribed to them by this section unless taken specific exception to elsewhere in the ordinance.
a. "Theft Detection Shielding Device" means any item or device which is designed, manufactured, modified, or altered to defeat any Theft Detection Device.
b. "Theft Detection Device" means a mechanism or other device designed and operated for the purpose of detecting the removal from a mercantile establishment or similar enclosure, or from a protected area within such an enclosure, of specifically marked or tagged merchandise.
SECTION II. BAN ON THEFT DETECTION DEVICE SHIELDING
It is unlawful to possess, use, or attempt to use any Theft Detection Shielding Device within any premise or place of business used for the purchase or sale of any merchandise.
SECTION III. PENALTY
Violations of this Article are Class A misdemeanor, punishable by a $500 fine and up to 180 days in municipal jail.
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2. That all ordinances and codes in direct conflict with one or more provisions of this ordinance are hereby repealed, but only to the extent of such direct conflict.