[HISTORY: Adopted by the Mayor and Council
of the Borough of South Plainfield 1-28-1993 by Ord. No. 1304. Amendments
noted where applicable.]
The Legislature of the State of New Jersey has
pursuant to N.J.S.A. 40:48-1 et seq. delegated the responsibility
to local governmental units to adopt regulations to promote public
safety, health and general welfare of its citizenry. Therefore, the
governing body of the Borough of South Plainfield does hereby ordain
the following.
The State of New Jersey, and more particularly
the Borough of South Plainfield, has been experiencing a significant
increase in assaults, muggings, car thefts, and other serious offenses,
many of which have as their origin parking lots of retail shopping
centers, supermarkets or theaters. While proper deployment and staffing
of the local Police Department is the municipality's chief response
to this crisis, there is a need for better security services being
available at the larger retail shopping malls.
As used in this chapter, the following terms
shall have the meanings indicated:
A privately owned or operated commercial development having
rentable space available for or leased to retail stores and an adjacent
parking area to which the public is invited.
A facility subject to the provisions of P.L. 1975, c. 242
(N.J.S.A. 56:8-21 et seq.). The term shall include only a supermarket
which is not located directly within or physically connected to a
shopping center as defined above.
A privately owned or operated commercial enterprise that
provides an indoor display of motion pictures and provides total seating
for 250 or more patrons. The term shall include only a theater which
is not located directly within or physically connected to a shopping
center as defined herein.
It is the purpose of this chapter to promote
the public safety and general welfare and to minimize crimes of violence
and public and private losses which have their origins in retail shopping
malls by provisions designed to:
A.
Protect human life and property;
B.
Minimize expenditure of public funds for costly security
services at retail shopping malls;
C.
Minimize public and private losses which can occur
from these crimes of violence;
D.
Ensure the safety of residents of the Borough who
frequently shop at the retail shopping malls;
E.
Ensure that the mall owners and merchants who benefit
from a public confident about their safety while shopping, assume
the financial commitment necessary to provide adequate security services
for the parking areas;
F.
Ensure that mall parking areas are well lighted to
discourage the initiation of criminal activities.
The provisions of this chapter shall not apply
if the retail shopping center, supermarket and/or theater comprises
an area less than 40,000 square feet and/or parking for vehicles less
than 200 spaces.
A.
Owners of retail shopping malls, supermarkets and/or
theaters affected by this chapter shall insure that the parking areas
of the malls have minimum footcandle lighting for the parking area
of 0.5 lumens/square foot.
B.
The Borough Engineering Department and/or the Property
Maintenance Code Officer shall annually inspect the lighting provided
at said retail shopping malls, supermarkets and/or theaters and advise
the owners where minimum lighting provisions have not been met.
C.
Where owners of said malls, supermarkets and/or theaters
are advised by Borough Engineering Department and/or the Property
Maintenance Code Officer of the inadequacy of parking lot lighting,
they shall have five days to correct said defective lighting condition
or become subject to the penalty provisions herein provided.
D.
The within-described provisions mandating minimum
lighting in parking areas shall also apply to hotels and motels located
within the Borough of South Plainfield.
A.
Each retail shopping center, supermarket and/or theater
affected by this chapter shall provide, at the expense of the owner
or operator of the retail shopping center/supermarket/theater, a minimum
of one uniformed security officer on duty at all times when the shopping
center/supermarket/theater has a parking area of 200 spaces at all
times that the facility is open to the public; there shall be at least
one additional officer on duty at all times that the facility is open
to the public for the next 1,000 parking spaces; and there shall be
one additional guard on duty at all times that the facility is open
to the public for each additional 2,000 parking spaces.
B.
Each uniformed security guard shall make continuing
inspections of all parking areas of the premises and shall undertake
all actions necessary to assure the personal safety, privacy and protection
of persons and property while visiting the retail shopping center,
supermarket or theater areas.
C.
Failure to comply with this provision will subject
the owner or operator of the retail shopping center, supermarket or
theater to the penalty provisions set forth herein.
The security officer employed by the retail
shopping center, supermarket or theater may be one in compliance with
the requirements of law, or an off-duty regular municipal law enforcement
officer, a special law enforcement officer appointed pursuant to P.L.
1985, c. 439 (N.J.S.A. 40A:14-146.8 et seq.), or a private security
guard.
An owner or operator of a retail shopping center,
supermarket or theater as defined herein shall annually submit to
the chief law enforcement officer (Chief of Police) of the Borough
of South Plainfield a written public safety plan describing in sufficient
detail what means the retail shopping center, supermarket or theater
using to provide adequate protection for all its patrons and employees.
After a review of the public safety plan, the Chief shall approve
the plan and submit it or shall require the retail shopping center,
supermarket or theater to take additional measures which may be deemed
appropriate and necessary in order to improve the security of the
facility. The retail shopping center, supermarket or theater shall
take action to comply with those requirements within 30 days after
receipt of the written notice from the Chief.
Any person who is charged with the provisions
of this chapter and who fails or refuses to comply shall be liable
for a penalty not exceeding $2,000, imprisonment for a term not exceeding
90 days or a period of community service not exceeding 90 days, or
any combination thereof. Each day that a violation continues shall
be treated as a separate violation and subject the violator to additional
fines.
