This chapter shall be known as the "Commercial
Outside Security Code."
For purposes of this chapter, the following
words and phrases are herein defined as follows:
CHIEF
The Chief of the Borough of Totowa Police Department or his
duly authorized agents.
COMMERCIAL ENTERPRISE
Any kind of business operation that is carried on in one
or more structures whereby goods, services or entertainment of any
kind or type are offered for sale, lease or hire to the general public.
MALL
An enclosed or unenclosed pedestrian area more than 10 feet
in width that is open to the public.
OPERATOR
The owner of the shopping center premises and the 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.
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.
PATROL SERVICE
The action of continually riding around and through a designated
area for the purpose of protecting persons and property in a motor
vehicle marked and identified on its door as a security vehicle, with
a flashing amber rotating light clearly visible to the general public,
along with a cellular telephone to be used for contacting the Totowa
Police Department.
[Amended 12-18-1990 by Ord. No. 14-90]
RESPONSIBLE PERSON
Every individual, firm, corporation, partnership, unincorporated
association or legal entity owning or operating a commercial enterprise
located in a shopping center subject to the provisions of this chapter.
SHOPPING CENTER
Any area consisting of one commercial enterprise having a
parking area or consisting of a clustering or grouping of commercial
enterprises with common ownership of a joint right to the use of a
parking area.
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
in 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.
[Amended 12-18-1990 by Ord. No. 14-90]
A. The following outside security service shall be provided
at each commercial enterprise and/or shopping center consisting of
any kind of business operation that is carried on in any one or more
structures whereby goods, services or entertainment of any kind and/or
type are offered for sale, lease and/or hire to the general public,
subject to the provisions of the chapter: a motor vehicle patrol service
operated by a guard or watchman.
B. A minimum of one motor vehicle patrol service shall
be provided for a commercial enterprise and/or shopping center, duly
marked and identified on its doors as a security vehicle, with a flashing
amber rotating light clearly visible to the general public, along
with a cellular telephone to be used for contacting the Totowa Police
Department.
[Added 12-18-1990 by Ord. No. 14-90]
Each commercial enterprise and/or shopping center
shall notify the Chief of Police, on a form supplied by said Chief
of Police, of the name, address and telephone number of the security
service being provided herein.
[Amended 12-18-1990 by Ord. No. 14-90]
The outside security services required by this
chapter shall be from 10:00 a.m. to 1/2 hour after the last commercial
enterprise closes, Monday through Sunday.
As a minimum, the outside security area of all
shopping centers subject to the provisions of this chapter shall be
adequately illuminated from dusk until 1/2 hour after the last commercial
enterprise closes and/or as required by ordinance.
[Amended 12-18-1990 by Ord. No. 14-90]
The Chief of the Borough of Totowa Police Department
shall enforce the provisions of this chapter. The Borough's Construction
Code Official shall provide the Chief with a report specifying the
area in square feet of the parking area of commercial enterprises
and/or 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:
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 or less than $100 or imprisonment in jail for not less
than 90 days, or both.
B. Each day upon which a violation of this chapter takes
place shall constitute a separate offense.