Township of Hanover, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Hanover 3-24-2016 by Ord. No. 11-16. Amendments noted where applicable.]
A. 
Purpose. The purpose of this article is to regulate the opening and closing hours of retail business and commercial establishments to which the public is invited and to require security measures for establishments that operate during late night or early morning hours. It has been determined by the Township of Hanover that:
(1) 
Unprotected and understaffed business and commercial enterprises are prey to the criminal element in our society during the late night and early morning hours;
(2) 
Certain security devices must be provided in order to protect the general public, patrons, employees and law enforcement personnel; and
(3) 
Retail business and commercial establishments open during late evening or early morning hours impose detrimental and disruptive effects upon the quality of life of area residents.
B. 
Scope; exclusions.
(1) 
This Chapter shall apply to all business and commercial establishments operating within the Township of Hanover to which the public is invited, unless excluded by this Chapter or by other applicable law.
(2) 
In case of any conflict between the provisions of this Chapter and the provisions of any other chapter of the Code of the Township of Hanover, the provisions of this Chapter shall supersede.
(3) 
The provisions and requirements of this Chapter shall not apply to the following:
(a) 
The operation of any business or commercial establishment to which the public is invited between the hours of 12:00 midnight and 5:00 a.m., when such operation and hours were approved by the Township Committee, Township Planning Board, Township Board of Adjustment, Site Plan Exemption Committee or Township Building Department prior to the effective date of this Chapter;
(b) 
Hotels and motels;
(c) 
Pharmacies, but limited to the hours that the pharmacy is open for dispensing of medicine and medications to the general public;
(d) 
Automated teller machines accessory to a bank;
(e) 
Any business or commercial establishment located on property having frontage on Route 10; and
(f) 
Any business or commercial establishment permitted to carry on a business or commercial activity under the laws of the United States, the State of New Jersey or other municipal ordinance not inconsistent with the provisions of this Chapter.
A. 
No business or commercial establishment to which the general public is invited shall be open for business between the hours of 12:00 midnight and 5:00 a.m. prevailing time, unless permitted by this article.
B. 
Any business or commercial establishment to which the general public is invited between the hours of 12:00 midnight and 5:00 a.m. shall comply with the following:
(1) 
There shall be at least two employees on continuous duty in that part of the business or commercial establishment to which the public is invited.
(2) 
The business or commercial establishment shall employ a security officer, or the premises shall have in operation a security device approved by the Chief of Police of the Township which may consist of a silent and/or audible burglar alarm connected to a central security monitoring system designed to activate police response, a closed circuit television connected to a central security monitoring system designed to activate police response, or such other device which can be activated instantaneously to notify law enforcement officers that a crime or disorderly person's activity is in progress.
(3) 
A burglarproof drop safe that regulates a clerk's access to cash shall be used on the premises.
(4) 
The exterior portion of the business or commercial establishment, including parking areas, shall be well lit during business hours. Said lighting shall be designed so as to not unduly interfere with any neighbor's reasonable use and/or enjoyment of the property.
A business or commercial establishment to midnight which the general public is invited that chooses to operate during the hours of 12:00 midnight and 5:00 a.m. shall file a certification of compliance with the Township Clerk of the Township of Hanover. The following provisions shall apply:
A. 
Each certification shall state that the business or commercial establishment is and will remain in compliance with § 220-2B hereof and that all security equipment provided in conformance with § 220-2B is and will remain in proper working order.
B. 
The certification of compliance shall be filed at least 45 days prior to the desired date upon which such operation is to begin.
C. 
Prior to the start of such operation, the equipment must be approved as to proper working order by the Chief of Police, Township of Hanover, or his designee.
D. 
Approval of such operation shall expire at 11:59 p.m. on December 31 of the same calendar year for which the approval was granted, unless renewed in accordance with this section.
E. 
Renewal of any prior approval shall require the filing of a new certification. Filing and review of such certification shall follow the same procedures as set forth in Subsections A through D above.
The Chief of Police or his/her designee may make periodic inspections of a business or commercial establishment which operates between the hours of 12:00 midnight and 6:00 a.m. to ensure that the establishment is in compliance with this Chapter.
Any person(s) who shall violate any of the provisions of this article shall, upon conviction thereof, be subject to a fine not exceeding $1,000. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.