[HISTORY: Adopted by the Mayor and Council of the Borough of Oaklyn
3-10-1998 by Ord. No. 2-98. Amendments noted where applicable.]
Shoplifting shall consist of any one or more of the following acts:
A.
For any person purposely to take possession of, carry
away, transfer or cause to be carried away or transferred any merchandise
displayed, held, stored or offered for sale by any store or other retail mercantile
establishment with the intention of depriving the merchant of the possession,
use or benefit of such merchandise or converting the same to the use of such
person without paying to the merchant the full retail value thereof.
B.
For any person purposely to conceal upon his person or
otherwise any merchandise offered for sale by any store or other retail mercantile
establishment with the intention of depriving the merchant of the processes,
use or benefit of such merchandise or converting the same to the use of such
person without paying to the merchant the value thereof.
C.
For any person purposely to alter, transfer or remove
any label, price tag or marking indication of value or any other markings
which aid in determining value affixed to any merchandise displayed, held,
stored or offered for sale by any store or other retail mercantile establishment
and to attempt to purchase such merchandise personally or in consort with
another at less than the full retail value with the intention of depriving
the merchant of all or some part of the value thereof.
D.
For any person purposely to transfer any merchandise
displayed, held, stored or offered for sale by any store or other retail mercantile
establishment from the container in or on which the same shall be displayed
to any other container with intent to deprive the merchant of all or some
part of the retail value thereof.
E.
For any person purposely to underring with the intention
of depriving the merchant of the full retail value thereof.
F.
For any person purposely to remove a shopping cart from
the premises of a store or other retail mercantile establishment without consent
of the merchant given at the time of such removal with the intention of permanently
depriving the merchant of the possession, use or benefit of such cart.
The following definitions apply to this chapter:
To conceal merchandise so that, although there may be some notice
of its presence, it is not visible through ordinary observation.
The merchant's stated or advertised price of the merchandise.
Any goods, chattels, foodstuffs or wares of any type and description,
regardless of the value thereof.
Any owner or operator of any store or other retail mercantile establishment
or any agent, servant, employee, lessee, consignee, officer, director, franchisee
or independent contractor of such owner or proprietor.
Any individual or individuals, including an agent, servant or employee
of a merchant where the facts of the situation so require.
Includes but is not limited to the retail mercantile establishment,
any common use areas in shopping centers and all parking areas set aside by
a merchant or on behalf of a merchant for the parking of vehicles for the
convenience of the patrons of such mercantile establishment.
A pushcart of the type or types which are commonly provided by grocery
stores, drug stores or other retail mercantile establishments for the use
of the public in transporting commodities in stores and markets and, incidentally,
from the stores to a place outside the store.
A place where merchandise is displayed, held, stored or sold or offered
to the public for sale.
To cause the cash register or other sale recording device to reflect
less than the full retail value of the merchandise.
Any person who shall violate this chapter shall, upon conviction thereof,
be punishable by a fine not exceeding $1,000, imprisonment in the county jail
for a term not exceeding 90 days or a period of community service not exceeding
90 days, or any combination thereof, for each offense, in the discretion of
the court.
