[HISTORY: Adopted by the Borough Council of the Borough of Paramus 4-23-2013 by Ord. No. 13-15. Amendments noted where applicable.]
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:
- 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.