Item Coversheet

Ordinance

NO. 06-2018

A Proposed Ordinance to amend the City Code by adding a section 8, "Retail Fraud," to Chapter 656, Offenses Related to Property.

BATTLE CREEK, MICHIGAN - 5/15/2018

The City of Battle Creek Ordains:

 

Section 1. An ordinance to add Section 8, "Retail Fraud," to Chapter 656, Offenses Related to Property, and amending Section 01, to add a definition for "store," and amending Section 99 Penalty, as are attached and made a part hereof.

 

Section 2. Should any section, clause or phrase of this Ordinance be declared to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be invalid.

 

Section 3. All ordinances or parts of ordinances, in conflict with any of the provisions of this Ordinance, are hereby repealed, saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this ordinance, which shall remain subject to the ordinance provision existing at the time of the alleged violation.

 

Section 4. This Ordinance shall take effect ten (10) days from the date of its adoption, in accordance with the provisions of Section 4.3(B) of Chapter 4 of the City Charter.










I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Ordinance introduced by the Battle Creek City Commission at a Regular meeting held on May 15, 2018.


Victoria Houser


Battle Creek City Commission
5/15/2018
Action Summary

Staff Member: Jill Humphreys Steele, City Attorney 
Department:City Attorney 
SUMMARY 
A Proposed Ordinance to amend the City Code by adding a section 8, "Retail Fraud," to Chapter 656, Offenses Related to Property.
BUDGETARY CONSIDERATIONS

There are no direct budget considerations.

 

If there is any budgetary impact, adoption of this ordinance will have a net positive effect as the city will handle prosecution of such offenses and thereby receive a portion of the fines and costs paid to the court.


HISTORY, BACKGROUND and  DISCUSSION

The proposed amendment to Chapter 656 of the City of Battle Creek’s ordinances, governing offenses related to property, is intended to address a gap in the City’s misdemeanor prohibitions against theft.  Currently, the City prohibits larceny in general, but lacks a specific ordinance prohibiting shoplifting, also known as retail fraud.  As a consequence, BCPD officers must arrest and lodge the suspect and seek prosecution under the state statute via the Calhoun County Prosecutor’s Office.  Most other municipalities have adopted an ordinance that prohibits retail fraud, and adoption of this ordinance will put the City of Battle Creek among them.  

 

Adoption of this ordinance amendment would minimize the time the officer is tied up with this type of call.  The retail fraud cases that are currently charged under state statute are not prosecuted by the city attorney’s office and thus no portion of the fines and costs paid to the court are remitted to the City.  Adopting this ordinance will allow the City of Battle Creek to both prosecute these offenses and also recover some of the cost for doing so.


DISCUSSION OF THE ISSUE

POSITIONS

Police Chief Blocker requested this Ordinance Amendment. The City Attorney's office is also in support of its introduction and adoption.


ATTACHMENTS:
File NameDescription
CHAPTER_656_Section_08_Retail_Fraud_5.8.18.docxChapter 656 Section 8 Retail Fraud