Pursuant to N.J.S.A. 40:48-1, 40:49-2, 40:49-5, and 2C:1.5(d),
the Borough of Paramus hereby enacts an ordinance creating the offense
of prowling with purpose to facilitate retail theft.
A person, whether on foot or in a motor vehicle, who wanders,
remains, or prowls in a public place with the purpose of attempting
to commit, conspiring to commit, or aiding or abetting in the commission
of a theft of merchandise from a retail store, whether individually
or in connection with one or more other persons or as a principal,
agent or accessory, and engages in conduct that under the circumstances
manifests a purpose to commit the aforesaid offense shall be guilty
of this offense; and every person who falsely, fraudulently, forcibly
or willfully induces, causes, coerces, requires, permits or directs
another to violate any provision of this chapter is likewise guilty
of such an offense.
As used in this chapter, the following terms shall have the
meanings indicated:
MERCHANDISE
Any goods, chattels, foodstuffs or wares of any type in description
regardless of the value thereof.
PUBLIC PLACE
Any place to which the public has access, including but not
limited to a public street, road, thoroughfare, sidewalk, bridge,
alley, park, plaza, recreation or shopping area, public transportation
facility, vehicle used for public transportation, parking lot, or
any other public building, structure or area.
RETAIL STORE
A place where merchandise is displayed, held, stored, sold,
or offered to the public for sale.
The penalties for prowling with purpose to facilitate retail theft shall be as set forth in §
1-15 of the Borough Code.