[G.O. No. 1315, § 1]
No person shall install, maintain, use, or cause or permit to
be used any private alarm system within the Town unless a permit therefore
has been issued by the Chief of Police or Fire Chief of the Town in
accordance with the provisions of this chapter. No person shall use
a private alarm system during any period when the permit therefor
has expired or is suspended. The permit for a private alarm system
which is designed primarily to detect fire or smoke shall be obtained
from the Fire Chief or his representative. Permits for all other systems
shall be obtained from the police chief or his representative.
[G.O. No. 1315, § 1]
Any person desiring to use a private alarm system upon improved
property owned or occupied by such person shall submit a written application
to the Chief of Police or Fire Chief for a permit. Such application
shall be maintained on a confidential basis and shall not be available
for public inspection. The application shall be on forms to be furnished
by the Chief of Police and Fire Chief which shall require the following
information over the signature of the applicant:
(a)
The name, address, and telephone number of the applicant;
(b)
The name, address, and telephone number of the owner and occupant
of the property serviced by the warning device if not the same as
the applicant;
(c)
The location of the property to be served;
(d)
Whether the system is to be connected to the alarm panel, to a tape
dialer system or to a central office or is a local alarm;
(e)
The name, address and telephone number of the company which will
furnish and maintain the private alarm system, and if applicable,
to which it will be connected;
(f)
The name, address and telephone number of a person who must be a
resident of Westfield or a contiguous municipality to be notified
of a faulty private alarm system at any time when no one is present
on the property served by the system. Such person much have a key
to the premises on which the alarm is located.
(g)
The name, address and telephone number of a person who must be a
resident of Westfield or a contiguous municipality to be notified
of an emergency occurring on the property served by the system when
no one is present on the property served by this system. Such person
must have a key to the premises on which the alarm is located.
(h)
The particular type of private alarm system as defined in Section 15-4 for which the permit is sought.
(i)
A release of the Town, its officers, agents and employees, from any
and all liability or damages which may flow or result from any and
all actions or inactions of the Town, its agents, servants or employees,
as a result of responding or not responding to an actual emergency
or false alarm, and, further an indemnification and save harmless
of the Town of Westfield, its officers, agents and employees, for
or on account of any acts or omissions directly or indirectly related
to the installation, operation or maintenance of the alarm panel and
the connection of the applicant's private alarm system thereto.
(j)
Consent to inspection of the premises on which the private alarm
system is installed at reasonable hours by the police chief and/or
Fire Chief, or their designated representatives.
(k)
Consent for the Police Department or Fire Department to enter the
premises if forced entry is not required or to obtain the key to the
premises from the persons designated in subparagraphs (f) and (g)
above to enter the premises to investigate for an emergency or unlawful
entry or to deactivate any system which sounds an alarm and continues
to sound such alarm, audible or otherwise, for more than 15 minutes.
[G.O. No. 1315, § 1; G.O. No. 1320, § II;
G.O. No. 1616, § I]
(a)
To the Town. At the time an application is submitted, the permittee
shall pay to the Town of Westfield an initial registration fee of
$50. Thereafter, an annual renewal fee of $25 will be due by January
15 of each year as long as the permit is in force. In the event the
owner or occupant of the premises changes, and the new owner or occupant
seeks a permit for an alarm, a new application shall be submitted,
and the appropriate fees shall be charged in accordance with this
section.
[Amended 3-24-2015 by G.O. No. 2039]
(b)
To the licensee. If applicable, the permittee shall pay to the licensee
a connection fee and a monthly service charge not in excess of the
amounts stated in the licensee's bid.
(c)
No proration delinquent fees. Any permits issued between January
1st and October 15th shall require the same fees, no portion of which
shall be prorated, but said fees shall be refunded to the applicant
in the event a permit is not issued. Any permit issued between October
15th and December 31st shall be valid until December 31st of the following
year. If the permittee shall fail, neglect or refuse to comply with
the permittee's obligation to pay the annual fee, connection
fee or monthly charge to the Town and/or licensee, and shall remain
in such default for 30 days, the police chief and/or Fire Chief or
their designated representatives are authorized, on 10 days'
written notice to such permittee to disconnect the permittee's
alarm system from the panel. In such event, the alarm system shall
not be reconnected except upon payment of all arrearages as well as
the renewal fees, which shall be the same as the initial fees.
[G.O. No. 1315, § 1]
The Chief of Police or Fire Chief shall not issue a permit for
a private alarm system unless they find that the system covered by
the application meets applicable standards as set forth in regulations
promulgated in writing by the police chief and Fire Chief. Whenever
the Chief of Police or Fire Chief shall refuse to issue a permit,
they shall advise the applicant in writing of the reason or reasons
for refusal. They shall refuse to issue a permit for any private alarm
system which:
(a)
Does not have a method of shutting off the aforesaid alarm at the
property on which it is located.
(b)
Does not have a device or method for limiting the sounding of any
audible alarm to 15 minutes.
(c)
Can be activated by changes in atmospheric conditions of heat or
cold or by wind.
(d)
Does not have a set of written instructions concerning the proper
operation and maintenance of the alarm system and its component parts
prepared by the alarm business or its component suppliers which has
been given to the permittee.
[G.O. No. 1315, § 1]
Every permit issued for a private alarm system shall expire
on December 31 of the year in which it was issued, with the exception
of those issued between October 15th and December 31st which shall
be valid until December 31st of the following year.
[G.O. No. 1315, § 1]
All permits for private alarm systems shall be issued upon the
following terms and conditions:
(a)
A permit shall be issued for each separate improved property, except
on properties which contain a building or buildings which contain
space occupied by different persons. In such event the permit shall
be issued for the space occupied by the applicant, and no permit shall
be transferred or assigned in any manner except to new persons occupying
the same space.
(b)
If required, an applicant shall furnish complete information and
specifications for the system. Such information shall include specific
data relating to testing procedures and the prevention of false alarms,
and how to disconnect or deactivate same.
(c)
Any private alarm system connected directly to the alarm panel shall
have a voltage compatible therewith.
(d)
If the alarm covers an area of more than 5,000 square feet unless
waived by the Chief of Police or Fire Chief, the applicant shall provide
an annunciator mechanism at a place or places approved by the Chief
of Police or Fire Chief indicating the location of the emergency.
(e)
Every permit shall be subject to rules and standards which may be
promulgated by the Chief of Police or Fire Chief with respect to private
alarm systems. Such rules shall be in writing and shall be given to
each permittee at the time of issuance or renewal of any permit or
at the time of promulgation or amendment.
[G.O. No. 1315, § 1]
Any permit issued for a private alarm system may be suspended
by the Chief of Police or Fire Chief if it shall appear that:
(a)
The permittee has failed to comply with the terms and conditions
of the permit or has failed to comply with rules and standards promulgated
by the Chief of Police or Fire Chief with respect to private alarm
systems:
(b)
The permittee or his agents knowingly installed or maintained a faulty
private alarm system; or
(c)
The permittee or his agents failed to comply with a request by the
Chief of Police or Fire Chief to render necessary services to a faulty
private alarm system within 24 hours after such request is made or
failed to disconnect such system within such period and until such
system has been repaired.
Four false alarms within any calendar year shall constitute
prima facie evidence that a private alarm system is faulty and is
in violation of this chapter. In the case of false alarms, any person
having knowledge thereof shall immediately notify the police or Fire
Department. In addition, in the case of false alarms the police chief
and/or Fire Chief shall cause an investigation to be made and keep
a record of said alarms on file. If in the event of a false alarm,
the Police Department or Fire Department are advised of the name,
address, preassigned code number, and that the alarm is false before
police or fire vehicles or personnel arrive at the scene, the false
alarm may not, in the discretion of the police or Fire Chief or their
designee, be deemed to be a false alarm. If in the event of the testing
of a private alarm system the police or Fire Department receive prior
notice of at least five minutes before each test, the alarm will not
be deemed a false alarm. Where the investigation of the police and/or
Fire Department discloses continued abuse of the privilege of connection
to the alarm panel and a disregard by the permittee to take remedial
steps to avoid false alarms, the Chief of Police or the Fire Chief
may suspend the permit for a limited or permanent time provided that
no such permit shall be revoked or suspended without giving the permittee
an opportunity to show cause before the police or Fire Chief why such
action should not be taken. A suspension shall be terminated by the
chief or police or Fire Chief when he is satisfied that the conditions
stated in the notice of suspension have been corrected.
Subsequent to the adoption of this chapter each alarm system
when initially installed shall be operated for a period of one week
without any audible annunciation or transmittal of an alarm signal
to the police or Fire Departments to allow for a break-in and trial
period.
It shall be a violation of this chapter for any person to intentionally
activate an alarm:
(1)
For the purpose of testing the system without prior notice to
the Police Department;
(2)
For the purpose of measuring or testing police or fire response;
or
(3)
For any other purpose other than the existence of an emergency
for which the alarm system or warning device was intended to respond.
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In addition, the occurrence of four or more false alarms in any one calendar year shall subject the permittee to the penalty of fine and imprisonment imposed by Section 15-22 hereof.
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[G.O. No. 1315, § 1; G.O. No. 1320, § III]
(a)
Requirements for tape dialer systems. No permit for a tape dialer
system, whether installed prior to the effective date of this chapter
or after such date shall be issued unless the system complies with
the provisions of this chapter and is also:
(1)
Approved by the Chief of Police or Fire Chief after the performance
of a test alarm conducted by or on behalf of the applicant. All such
system wiring connected to the phone system shall be installed so
as to be compatable with the telephone system so that incoming or
outgoing calls will not interfere with the alarm systems proper operation.
(2)
Coded to dial a special number which shall be provided by the
Chief of Police or Fire Chief; no tape dialer system shall be coded
to dial the number of the general police switchboard of the Town.
(3)
Coded to notify a relative, neighbor, or other third party who
shall be named in the registration required by this chapter.
(4)
Capable of being disconnected by the owner to permit a call
to the police switchboard in the event that a false alarm occurs.
(5)
Worded in an intelligible format approved by the Chief of Police
or Fire Chief and complying with the following requirements:
a.
No message shall be transmitted more than three times as a result
of a single stimulus of the mechanism.
b.
Messages shall not exceed 15 seconds and the time gap between
delivery shall be approximately 10 seconds.
c.
The messages shall contain in the following order (a) the alarm
number provided by the Police Department; (b) the name of the resident
or business; and (c) the street address of the premises alarmed.
(6)
Adjusted so as to suppress false indications and not to be actuated
by impulses due to pressure changes in water pipes, short flashes
of light, wind, noises, rattling, or vibration of doors or windows,
changes in atmospheric temperature or other forces unrelated to general
alarms.
(7)
Provided with an automatic line seizure device in the event
the line from the premises where the alarm is installed is busy with
an incoming or outgoing call.
(8)
Certified by a person licensed under this chapter as an alarm
installer on forms supplied by the police or Fire Department, that
the alarm system has been inspected by him, serviced as required,
and tested for proper operation and that the system complies with
the requirements of this chapter. Notwithstanding this provision,
the permittee shall have the right to personally inspect a tape dialer
system owned or leased by such permittee and installed in premises
owned or leased by such permittee at the time of the initial installation
and each annual renewal thereof without the necessity of hiring such
licensed alarm installer to do so, provided that such self-inspection
shall include a test alarm to the police headquarters which will require
appropriate arrangements with the Police Department and a five minute
prior telephone warning by the permittee to the police that such test
is to take place and which shall require the person on duty at the
police headquarters to receive the taped message to certify that the
taped message, its duration and other aspects of its transmittal and
content comply with the requirements of this chapter. In the event
that there have been three or more false alarms attributable to a
tape dialer alarm system in the calendar year prior to the year for
which a renewal permit is being sought, the permittee shall not be
allowed to make a self-inspection but must, at the time of the renewal
of the permit, have the tape dialer system inspected by an alarm installer
licensed under the provisions of this chapter and certified by him
as set forth above.
(b)
Fees for initial issue or renewal of tape dialer permit. The permittee
of each tape dialer system shall pay to the Town an annual fee of
$12 at the time an initial application is submitted and by January
15th of each year thereafter so long as the permit is in force to
cover the cost of registration and testing, and to amortize the cost
of the special telephone line or lines required in the police headquarters
along with ancillary tape devices necessitated by these systems. If
any permittee shall fail, neglect or refuse to pay the annual fee
and shall remain in such default for 30 days, the Chief of Police
or Fire Chief or designated representatives is authorized, on five
days' notice to such permittee, order such permittee to disconnect
the permittee's alarm system from the special police number.
(c)
Time for obtaining a tape dialer permit for system installed prior
to the adoption of this chapter.
(1)
If any person has a tape dialer system installed at the time
of the passage of this chapter, he shall have 30 days in which to
apply for a permit, pay the annual fee, re-program the equipment to
comply with the terms of this chapter, obtain the necessary inspection
and certification. Any person failing to comply therewith and continuing
to have installed a tape dialer system programmed to the general police
and Fire Department telephone numbers shall be in violation of this
chapter. On request all owners of tape dialer systems seeking a permit
or renewal thereof must furnish proof satisfactory to the police chief
of the date of installation of the tape dialer system.
(2)
If any tape dialer system shall hereafter be found to be dialing
the general police or fire headquarters number rather than the special
telephone number reserved for tape dialers, the occupant of the building
or other person in whose name the telephone is listed shall be sent
a notice in writing by the Chief of Police or Fire Chief requiring
compliance with the terms of this chapter. If the occupant or telephone
subscriber shall fail within 30 days after receipt of said notice
to comply, he shall be in violation of this chapter.
(d)
Annual inspection required. Prior to the annual renewal of an existing
tape dialer permit, the applicant must submit a certification on forms
supplied by the police or Fire Department signed by a person licensed
under this chapter as an alarm installer, certifying that the alarm
system has been inspected by him, serviced as required and tested
for proper operation and that said system complies with the requirements
of this chapter.
