[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.
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.
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.
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.
The action of continually walking around and through a designated
area for the purpose of protecting persons and property.
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.
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:
A.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
Each day upon which a violation of this chapter takes
place shall constitute a separate offense.
