[HISTORY: Adopted by the Township Committee
of the Township of East Hanover: Art. I, 3-20-1997 by Ord. No. 9-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 55.
[Adopted 3-20-1997 by Ord. No. 9-1997]
This chapter shall be known as the "Commercial
Outside Security Code."
For purposes of this chapter, the following
words and phrases are herein defined:
The Chief of the East Hanover Police Department or his/her
duly authorized agent(s).
An enclosed or unenclosed pedestrian area more than 10 feet
in width that is open to the public.
The owner of the shopping center premises.
The combined area as measured in square feet of all parking
areas, sidewalks, pedestrianways and all open space and malls associated
with the shopping center.
All that area associated with the shopping center, whether
unenclosed or enclosed on one or more levels, which is used for or
intended for the off-street parking of motor vehicles, and including
parking stalls, spaces between stalls, access aisles, fire lanes,
driveways and roadways leading to and from the parking stalls, walkways
between or adjacent to parking stalls and loading zones adjacent to
parking stalls or otherwise accessible to the public.
Every individual, firm, corporation, partnership, unincorporated
association or legal entity managing a commercial enterprise located
in a shopping center subject to the provisions of this chapter and
every individual, firm, corporation, partnership, unincorporated association
or legal entity legally authorized by the owner of the shopping center
premises under a management agreement to lease commercial space or
manage the operation of the shopping center.
A cluster of two or more retail, business, personal service
or related uses on one or more lots which share common parking and
access facilities.
The purpose of this chapter is to enhance the
peace, safety and general welfare of persons who have come upon the
premises of certain shopping centers to shop at or otherwise engage
or use the services or facilities of the commercial enterprises.
Each shopping center with a parking area of
more than 150,000 square feet, whether in existence, under development
or developed after the effective date of this chapter, shall be subject
to the provisions of this chapter.
The following outside security services shall
be provided at each shopping center subject to the provisions of this
chapter:
A.
Foot patrol service by a guard. One guard on foot
shall be provided for each 200,000 square feet of parking area or
fraction thereof, and said person must be equipped with a radio communication
device connected to a base of operation which is located in/an the
shopping center for the purpose of providing security.
B.
Motor vehicle patrol. One motor vehicle, driven by
a guard, shall be provided for each parking area, and said person
must be equipped with a radio communication device connected to a
base of operation which is located on/in the shopping center for the
purpose of providing security.
A.
The outside security services required by this chapter
shall be provided from 4:00 p.m. until 30 minutes after the shopping
center, or last store within the shopping center, closes, Monday through
Friday, inclusive; on Saturdays and Sundays, 11:00 a.m. until 30 minutes
after the shopping center, or the last store within the shopping center,
closes.
B.
For those shopping centers open on a twenty-four-hour
basis, seven days a week, outside security services set forth in this
chapter shall be provided as set forth by the Township Chief of Police.
C.
The provisions of this chapter shall not apply at
those times when the shopping center is closed for business.
Notwithstanding the provisions of § 95-39B(7) of the township's Land Use and Zoning Ordinance, the outside security area of all shopping centers subject to this chapter shall have a minimum illumination of 1.0 footcandles.
A.
Unless otherwise agreed between the operator and the
responsible person(s), each operator shall provide the outside security
services and illumination required by this chapter. Outside security
services between or among operators and/or responsible person(s) may
be shared, provided that there is compliance with all provisions of
this chapter.
B.
Unless otherwise agreed, the operator shall provide
and/or pay for the capital improvements necessary to cause the shopping
center lighting equipment to provide illumination sufficient to comply
with the requirements set forth in this chapter.
C.
When a shopping center is owned by more than one entity,
each entity shall provide security services as prescribed herein for
their respective properties. In the alternative, entities may share
in the providing of security services, provided that there is compliance
with all aspects of this chapter.
The Chief of the East Hanover Police Department
shall enforce the provisions of this chapter. The Township Planner
shall provide the Chief with a written report specifying the area
in square feet of the parking area of all shopping centers subject
to the provisions of this chapter and all such similar information
deemed necessary by the Chief for the proper enforcement of this chapter.
In the event that the requisite security services
or illumination shall not be provided at a shopping center in accordance
with the provisions of this chapter, the following penalties will
apply:
A.
Each person who shall violate any provision of this
chapter shall, upon conviction, be punished by a fine of not more
than $1,000 nor less than $100 and/or imprisonment in the county jail
for any term not exceeding 90 days.
B.
Each day upon which a violation of this chapter takes
place shall constitute a separate offense.
