[HISTORY: Adopted by the Township Council of the Township of Saddle Brook 9-24-1981 by Ord. No. 837. Amendments noted where applicable.]
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 Saddle Brook 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.
- 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 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 walking around and through a DESIGNATED area for the purpose of protecting persons and property.
- 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 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 or watchman. One man on foot shall be provided for each 75,000 square feet of parking area or fraction thereof, and said person must be equipped with a walkie-talkie at all times.
[Amended 8-10-2006 by Ord. No. 1393]
The outside security services required by this chapter shall be from 4:00 p.m. to 11:00 p.m., Monday through Friday, inclusive; 11:00 a.m. to 11:00 p.m. on Saturday; 11:00 a.m. to 6:00 p.m. on Sundays, all at prevailing time. With respect to any twenty-four-hour establishments covered by this chapter, outside security service is to be provided at all hours of the day, each and every day that said establishment is open.
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 such time as the last commercial enterprise closes.
Unless otherwise agreed between the operator and the responsible persons, the operator shall provide the outside security services and illumination required by this chapter. Each responsible person shall reimburse the operator for the cost of such outside security services and illumination by paying his proportionate share of the cost of such outside security services and illumination, being an amount which bears the same ratio to the total cost of such outside security services and illumination as the floor area of his commercial enterprise bears to the total leasable floor area of all commercial enterprises in the shopping center.
Unless otherwise agreed, the operator shall provide 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.
The Chief of the Saddle Brook Police Department shall enforce the provisions of this chapter. The Saddle Brook Engineer 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.
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 or imprisonment in jail for not less than 90 days, or both.
Each day upon which a violation of this chapter takes place shall constitute a separate offense.