[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.]
Alarm systems — See Ch. 55.
Article I Outside Security
[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.
- OUTSIDE SECURITY AREA
- 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.
- PARKING AREA
- 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.
- RESPONSIBLE PERSON
- 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.
- 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:
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.
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.
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.
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.
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.
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.
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.
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:
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.
Each day upon which a violation of this chapter takes place shall constitute a separate offense.