§ 58-29. Theft of goods when the misappropriation or taking amounts to less than a value of five hundred dollars.

(a)

Theft of goods is the misappropriation or taking of anything of value which is held for sale 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.

(2)

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

(3)

Transfers goods from one container or package 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 retail price of the goods.

(5)

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

(6)

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

(b)

When the misappropriation or taking amounts to less than a value of five hundred dollars, the offender shall be imprisoned for not more than six months or may be fined not more than $500.00, or both.

(Ord. No. 974, 4-8-02; Ord. No. 1087, 2-8-16)