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1338 - Ordinance - Establishing a Crime of ShopliftingORDINANCE NO. 1338 AN ORDINANCE OF THE CITY OF PORT ORCHARD ESTABLISHING A CRIME OF SHOPLIFTING, PRO- VIDING PENALTIES, AND REPEALING AN ORDINANCE RELATIVE TO SHOPLIFTING IN CHAPTER 9.28.060, PORT ORCHARD MUNICIPAL CODE, ORDINANCE NO. 1125, SECTION IV, SUBSECTION D. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES ORDAIN AS FOLLOWS: SECTION 1. That the following Chapter of the Port Orchard Municipal Code and Section contained therein and the ordinance corresponding thereto be and the same hereby is repealed: POMC 9.28.060, Ordinance No. 1125, Section IV, Subsction D SECTION 2. That the following Section be added as a new addition to Title 9.28.060 of the Port Orchard Municipal Code. SECTION 3. SHOPLIFTING. (A) A person is guilty of shoplifting if he or she willfully takes possession of mer- chandise valued at $250.00 or less and offered for sale by any wholesale, retail, or mercantile establishment without the consent of the seller, with the intention of converting such merchandise to his or her own use without having paid the pur- chase price thereof. SECTION 4. A duly appointed city, county, or state law enforcement officer may, upon charge being made and without a warrant, arrest any person who he has cause to believe has committed or attempted to commit the crime of shoplifting. SECTION 5. PENALTIES. SUBSECTION 1. FIRST OFFENSE: The maximum sentence for a first time shoplifting offense shall be a $500.00 fine. SUBSECTION 2. SECOND OR SUBSEQUENT OFFENSES: Any person convicted of a second or subsequent shoplifting offense under this Section is guilty of a misdemeanor and shall be punished by a maximum fine not to exceed $500.00 and/or a maximum jail sentence of 90 days. PASSED by the City Council of the City of Port Orchard, signed by the Mayor and attested by the Clerk in authentication of such passage this 24th day of February, 1986. LESLIE WEATHERILL, MAYOR ATTEST / i Patricia Hower,City Clerk APPROVED AS TO FORM: ty Attorney