§ 62-86. Theft of goods.

(a)

Theft of goods is the misappropriation or taking of anything of value which is held for sale or lease by a merchant, either without the consent of the merchant to the misappropriation or taking, or by means of fraudulent conduct, practices or representations. An intent to deprive the merchant permanently of whatever may be the subject of the misappropriation or taking is essential and may be inferred when a person:

(1)

Intentionally conceals, on his person or otherwise, goods held for sale or lease.

(2)

Alters or transfers any price marking reflecting the actual price of the goods.

(3)

Transfers goods from one container, package or wrapping to another or places goods in any container, package or wrapping in a manner to avoid detection.

(4)

Willfully causes the cash register or other sales recording device to reflect less than the actual price of the goods.

(5)

Removes any price marking with the intent to deceive the merchant as to the actual price of the goods.

(6)

Damages or consumes goods or property so as to render it unmerchantable.

(b)

Whoever commits the crime of theft of goods when the misappropriation or taking amounts to a value of less than $100.00, shall be fined not more than $500.00 or imprisoned for not more than six months, or both.

(Ord. No. O-037-2006, § 2, 3-7-06)