Tuesday, September 27, 2016
FRUITPORT CHARTER TOWNSHIP
RETAIL FRAUD ORDINANCE
ORDINANCE NO. _____
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CHARTER TOWNSHIP OF FRUITPORT, TO ADD A NEW CHAPTER 27 ENTITLED RETAIL FRAUD, TO PROTECT THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE BY PROHIBITING CERTAIN DEFINED BEHAVIOR IN THE CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN, AND TO PROVIDE FOR AN EFFECTIVE DATE.
THE CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN, ORDAINS:
Section 1. Addition of Chapter 27. Chapter 27 is added to the Fruitport Charter Township Code of Ordinances, which Chapter will be known and cited as the "Fruitport Charter Township Retail Fraud Ordinance" and shall read in its entirety as follows.
Sec. 27-1. Prohibitions.
A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud.
A. While a store is open to the public, a person may not alter, transfer, remove and replace, conceal, or otherwise misrepresent the price at which property is offered for sale, with the intent to not pay for the property or to pay less than the price at which the property is offered for sale, if the resulting difference in price is less than $200.00.
B. While a store is open to the public, a person may not steal property of the store that is offered for sale at a price of less than $200.00.
C. With intent to defraud, a person may not obtain or attempt to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store, if the amount of money or the value of the property obtained or attempted to be obtained is less than $200.00.
Sec. 27-2. Not a defense.
Evidence that the property or money taken or attempted to be taken has a value equal to or greater than $200.00 shall not be a defense to a violation of this Chapter.
Sec. 27-3. Penalties.
Any person who violates a provision of this Chapter shall be responsible for a misdemeanor and subject to punishment per Section 1-13 of this Code.
Section 2. Repeal. All resolutions, ordinances, orders in conflict in whole or in part with any of the provisions of this Chapter are, to the extent of such conflict, repealed.
Section 3. Effective date. This Ordinance was approved and adopted by the Township Board of Fruitport Charter Township, Muskegon County, Michigan, on __________________, 2016, after introduction and a first reading on ____________________, 2016, and publication after such first reading as required by Michigan Act 359 of 1947, as amended. This Ordinance shall be effective 30 days after its publication.
Brian Werschem, Township Supervisor Carol Hulka, Township Clerk
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