Fuels

Prepay Puzzle, Driveoff Dilemma

Shreveport, La., fuel retailers could be fined for reporting gas theft

SHREVEPORT, La. -- To address the problem of gasoline driveoffs, Shreveport, La., Police Chief Henry Whitehorn recently authored an ordinance requiring gasoline patrons to pay before pumping, which was passed by the City Council. It is intended to make businesses tighten their security and cut back on police manhours that could be spent investigating other crimes. One consequence of the ordinance, according to The Shreveport Times, is that fuel retailers can be fined for reporting the driveoffs.

Stealing gasoline or diesel fuel still is illegal. But because of a new ordinance, businesses [image-nocss] must share the blame, said the report. Attendants and their bosses face a fine or jail time if a fuel theft happens on their watch, it said.

Since January, said the newspaper, Shreveport police have recorded more than 200 driveoff calls—a 43% increase over last year's total. Officers have made six arrests in 2008 cases. The new law will increase profits and decrease thefts, police say.

But not all council members agreed. Bryan Wooley and Monty Walford voted against the proposal. "This is the wrong way to get crime statistics down," Walford told the paper. "I frankly think that it's not government's place to tell a business how they have to collect money. Are we next going to ask grocery stores to require a deposit before you go in?"

Shreveport's law was on the books as of September 10, said the report, and citations started effective October 15.

"[Driveoffs are] absorbed by the provider whose only recourse has been to file a theft report with local police to attempt to cover their loss," said Whitehorn in a statement. "In addition to the fuel provider's loss of this precious commodity, this prevalent behavior has left the Shreveport Police Department dealing with an increasing escalation of the reporting of this…crime, and to the average citizen, gives the impression that felony crime is on the rise in Shreveport.

He said enacting this ordinance is multipurpose: "To decrease the number of driveoffs; to enhance the marketability, reputation and safety of our city by reducing…crime; and sending a message, not only our citizens, but to future businesses and families outside the city who look at crime statistics as one of the governing factors in relocating/starting a business or family that Shreveport is a safe city."

Whitehorn drafted the ordinance not to sway businesses from reporting legitimate crime, but to be active with a proven method of prevention, he said. "This action/ordinance will not only reduce the amount of gas drive offs throughout the city and minimize the loss of revenue to our business partners, but dilute negative images and opinions conjugated by the perception of rising felony crime. This ordinance will also improve the efficiency of personnel both retailer and police in the entire reporting/recovery process: less thefts equal more revenue equal more time personnel and resources can be devoted to focusing on other quality of life issues."

He added, "As with any ordinance, there is a learning curve and the Shreveport Police Department will be taking appropriate measures to ensure notification of this ordinance reaches those most affected. Letters from the Office of the Chief of Police will be sent to the area's major petroleum providers and additional notification to other companies will be made by our Community Oriented Policing Bureau."

Ordinance 94 of the Shreveport Municipal Code, in full (click here for source): http://www.municode.com/resources/gateway.asp?pid=10151&sid=18

Prior payment for gasoline and diesel fuel.

(a) No person owning or operating a business which engages in the retail sale of gasoline and/or diesel fuel, and no agent, associate, employee, representative or servant of any such person shall activate a fuel pump for the purpose of allowing a person to place fuel into any vehicle or container, except an aircraft, without having first received payment in full for the fuel to be dispensed.

(b) The owner shall not be guilty of a violation of this section when there is evidence:

(1) That there was a written and publicly posted policy communicated to all agents, associates, employees, representatives, or servants requiring compliance with this section and any violation would result in termination;

(2) That the agent, associate, employee, representative or servant who activated the pump was immediately terminated.

(c) Penalties. Whoever violates the provisions of this section shall be fined not more than $250.00.

Upon conviction for a second offense occurring within 12 months of the first violation, the violator shall be fined not more than $500.00.

Upon conviction for a third offense occurring within 12 months of the second violation, the violator shall be fined not more than $500.00, or imprisoned for not more than six months, or both.

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