[HISTORY: Adopted by the Board of Commissioners of the Town of West
New York as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-20-1980 by Ord. No. 1409;
amended in its entirety 12-17-2003 by Ord. No.
23/03]
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Whereas, the public interest requires the enactment of rules, regulations,
standards and procedures to regulate and control alarms in the Town of West
New York to the end that;
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(1)
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The municipal department and agencies charged with the protection of
public safety may efficiently and economically coordinate response to alarm
offsets in the Town of West New York;
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(2)
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The quality of response and handling of alarm offsets rendered to the
public may be improved and maintained at a high level;
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(3)
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The regulation of alarm and alarm offsets will decrease the amount of
false alarm offsets. The time spent on response to false offsets can be used
to better serve the residents of the Town of West New York, County of Hudson,
State of New Jersey, as follows:
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Now therefore, be it ordained by the Board of Commissioners of the Town
of West New York, County of Hudson, State of New Jersey, as follows:
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As used in this article, the hereinafter defined words and phrases shall,
subject to the provisions of the Revised Ordinances of the Town of West New
York, have the following meanings:
When used without a qualifying adjective, encompasses alarm devices,
alarm systems, dual alarms and local alarms.
Any mechanism designed to actuate an alarm.
The installation in one or more buildings of one or more alarm devices
or local alarms for the express purpose of giving visual or audible warning,
or both, of an emergency such as burglary, intrusion, fire, smoke, flood or
like perils.
An alarm device that employs an automatic dialing system precoded
to dial the West New York Police Department or 911.
The actuation of an alarm system by cause or for reasons other than
those to which the alarm system was designed or intended to respond.
Any mechanism that constitutes, in whole or in part, an alarm system
that is not connected to a central station, which produces its own signal
when activated.
A commercial person in possession of premises in or upon which an
alarm system exists.
Any natural person, corporation, partnership, or any other organization
or association.
A.
No dial alarm shall be permitted to be in operation in
the municipality and/or connected directly to the West New York Police Department
or 911.
B.
All dial alarms must be connected to a central monitoring
station or service capable of screening false alarms and notifying police
or fire services of the need for assistance.
No person shall possess any alarm system unless the alarm system has
been registered with the West New York Police Department as follows:
A.
Local alarm system.
(1)
A local alarm system shall be deemed registered when
the occupant to the building in which it is installed shall have filed with
the Licensing Bureau of the West New York Police Department a registration
form, which shall include, among other data, the location of the device, the
name of the installer of said device, the type of device, provisions relating
to false alarms and testing procedures, a list of persons to be contacted
in the event of an alarm activation and other information as may be required
by the West New York Police Department.
(2)
It shall be the duty of the occupant of a building served
by a local alarm system, within 10 days after a change in information previously
submitted to the Town, to file a supplemental or revised registration containing
accurate, current information with respect to the data required by the registration
form.
(3)
An annual fee of $25, payable to the Licensing Bureau,
shall be made for the filing of any local alarm registration. This fee shall
be payable on or before the first day of each calendar year. Failure to make
payment for a local alarm registration shall be deemed a violation of this
article. Failure to make payment by the 31st of January shall cause a penalty
of an additional $10 for the alarm fee.
B.
Central station connected alarm systems.
(1)
Any alarm which is connected to a central station shall
be deemed registered when the occupant to the building in which it is installed
shall have filed with the Licensing Bureau of the West New York Police Department
a registration form, which shall include, among other data, the location of
the device, the name of the installer of said device, the type of device,
the name and telephone number for the central monitoring service, provisions
relating to false alarms and testing procedures, a list of persons to be contacted
in the event of an alarm activation and other information as may be required
by the West New York Police Department.
(2)
It shall be the duty of the occupant of the building
served by the alarm system which is connected to a central station to notify
the West New York Police Department within 10 days of any change in information
previously submitted the Town. This shall be accomplished by filing a supplemental
or revised registration containing accurate current information with respect
to the data required by the registration form.
(3)
An annual fee of $25, payable to the West New York Police
Licensing Bureau, shall be made for the filing of a registration for any alarm
connected to a central station. This fee shall be payable on or before the
first day of each calendar year. Failure to make payment for an alarm registration,
shall be deemed a violation of this article. Failure to make payment by the
31st of January, shall cause a penalty of an additional $10 for the alarm
fee.
A.
In the case of a false alarm, the Director of Police
shall cause an investigation to be made and keep a record of said alarm on
file. The first and second false alarms in any given calendar year shall be
deemed to be a warning. For the third false alarm in the same calendar year,
a penalty of $100 shall be paid to the Town of West New York, and for the
fourth false alarm, a fine of $200 shall be paid to the Town. For the fifth
alarm or any alarm offset thereafter, a fine of $1,000 shall be imposed. If
the investigation by the West New York Police Department discloses continued
abuse of the privilege of the alarm and a failure of the occupant to take
remedial steps to avoid false alarms, the Town shall have the right to require
disconnection of the alarm for a limited or permanent time. No such alarm
license shall be revoked or suspended without giving the occupant an opportunity
to show cause before a committee comprised of three members of the West New
York Board of Commissioners.
B.
Multiple alarm activations received on the same day prior
to the start of a business day shall be counted as one alarm. This is for
warning or summons purposes. The alarm activation by installers/service persons,
employees, or owners of the alarm system, without proper notification of the
West New York Police Department, shall be deemed an offset for warning or
summons purposes.
A.
The occupant holding a West New York Police Department
alarm license shall be responsible on a twenty-four-hour-per-day basis for
his or her alarm system. It is also his/her responsibility to advise the West
New York Police Department of any malfunctioning of an alarm.
B.
In the event any agency providing public safety services
for the Town of West New York, including but not limited to police, fire or
signal bureau personnel, is required to service any alarm in the Town in an
emergency or due to lack of immediate availability of needed service by the
licensee or for any other reason, including local alarms, such service shall
be at a cost of $100, to be billed to and paid by the registered owner of
such alarm system. Failure to pay such service charge within 30 days of billing
shall be a violation of this article.
Whenever, under the provisions of this article, the Director of Police,
or any authorized representative he may have designated, is empowered to make
a decision with respect to the installation, disconnection, operation and
maintenance of any alarm equipment or with respect to the issuance or denial
of any application relating thereto, any person aggrieved by said decision
may, within 10 days following said decision, file a written appeal with the
Town Clerk and the Director of Police, whereupon the governing body shall
promptly conduct a hearing and affirm, modify or reverse the decision appealed
from.
The West New York Police Department may promulgate rules and regulations
supplementing this article in order to provide for recordkeeping and efficient
management of alarm systems; provided, however, that said rules and regulations
or any revisions thereof shall not take effect until first approved by resolution
of the West New York Board of Commissioners.
In addition to the revocation of his/her license or permit and the disconnection
of his/her alarm system(s), any person who fails to comply with the provisions
of this article or with any of the rules and regulations duly promulgated
pursuant hereto may, if found guilty of such violation, be subject to a fine
of not more than $1,000 for each incidence or to imprisonment for a period
not exceeding 90 days, or both, in the discretion of the court. In the case
of a continuing violation, the violator may be found guilty of as many separate
offenses as the number of days he is proved to have continued the violation.
