[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 1-23-79 as Ord. No. 79-1. Amendments noted where applicable.]
Editor's Note: This ordinance repealed former Ch. 45, Alarm Systems, Private, adopted 7-22-69.
[Amended 1-27-81 by Ord. No. 81-2; 5-8-18 by Ord. No. 2018-15]
The legislative intent of this chapter is to provide for the regulation and control of the installation, operation and maintenance of private alarm systems in commercial, industrial and/or multi-family buildings within the Town of Secaucus so that the public interest is best served by requiring that said alarm systems are installed, operated and maintained at a high level.
The provisions of this chapter shall apply to any person who operates, maintains or owns any alarm mechanism or apparatus in commercial, industrial and/or multi-family buildings designed to summon police or have the police summoned to any location in response to any alarm signal actuated by any alarm device or alarm system.
[Amended 1-27-81 by Ord. No. 81-2; 4-23-85 by Ord. No. 85-17; 5-8-18 by Ord. No. 2018-15]
No person shall install or operate any alarm device, alarm system, local or private alarm system or any alarm mechanism or apparatus in a commercial, industrial and multi-family building in the Town of Secaucus without first obtaining a permit to operate said alarm pursuant to this chapter, issued by the Secaucus Fire Official through the Bureau of Fire Prevention, Alarm Division or their designee.
[Amended 6-21-90 by Ord. No. 90-16; 5-8-18 by Ord. No. 2018-15]
As used in this chapter, the hereinafter-defined words and phrases shall have the following meanings:
- The term alarm shall encompass alarm device, local alarm
and alarm system for the purposes of this chapter.[Added 5-8-18 by Ord. No. 2018-15]
- ALARM DEVICE
- Any type of alarm system designed to produce a response,
directly or indirectly, from any emergency or public safety service
of the Town of Secaucus.[Amended 3-23-93 by Ord. No. 93-16; 5-8-18 by Ord. No. 2018-15]
- ALARM SYSTEM
- Any device designed to produce or emit a sound or transmit
a signal or message when activated for the purpose of alerting others
to the existence of an emergency situation requiring immediate investigation
by alarm, fire or other agent. This does not include an alarm on a
vehicle or individual person unless permanently at a site or an alarm
designated only to alert inhabitants or persons at a premises that
is not a local alarm.[Amended 1-27-81 by Ord. No. 81-2; 5-8-18 by Ord. No. 2018-15]
- ALARM USER
- A person in possession of premises in or upon which an alarm
system exists.[Added 5-8-18 by Ord. No. 2018-15]
[Amended 3-23-93 by Ord. No. 93-16; repealed 5-8-18 by Ord. No. 2018-15]
- FALSE ALARM
- The activation of an alarm system through mechanical failure,
accident, malfunction, misuse, improper activation or negligence.
False alarms shall not include alarms caused by acts of God or other
causes which are beyond the control of the alarm user, alarm agent
or alarm business/provider.[Amended 1-27-81 by Ord. No. 81-2; 2-28-89 by Ord. No. 89-13; 3-23-93 by Ord. No. 93-16; 5-8-18 by Ord. No. 2018-15]
- The person or company who holds the licensee to install, operate and maintain the annunciator control panel pursuant to the provisions of this chapter.
- LOCAL ALARM
- Any mechanism that constitutes, in whole or in part, an alarm
system located on or outside premises, that may or may not be designed
to actuate the annunciator control panel, for the express purpose
of giving visual or audible warning, or both, of an emergency such
as a holdup, burglary, intrusion, fire, or any emergency designed
to summon the police or fire-fighters, or that is operated by a private
alarm company at a location other than the Town of Secaucus.[Amended 12-26-79 by Ord. No. 79-30; 1-27-81 by Ord. No. 81-2; 2-28-89 by Ord. No. 89-13]
- Any residential building with four or more dwelling units
in a single structure.[Added 5-8-18 by Ord. No. 2018-15]
[Repealed 5-8-18 by Ord. No. 2018-15]
- A person possessing legal title for the site in or upon which
an alarm system exists.[Added 5-8-18 by Ord. No. 2018-15]
- A person holding a permit to install, operate or maintain an alarm system that employs an alarm device.
- Any natural person, corporation, partnership, association
or any other organization.[Amended 5-8-18 by Ord. No. 2018-15]
- The commercial, industrial or multi-family premises within
the Town of Secaucus where an alarm system is installed and activated.[Added 5-8-18 by Ord. No. 2018-15]
[Added 5-8-18 by Ord. No. 2018-15]
Alarm registration does not intend to nor does it create a contract, duty or obligation, either express or implied, of response by the Town of Secaucus or any of its employees, agents or representatives. Governmental immunity as provided by law is retained by the Town of Secaucus.
[Amended 9-28-82 by Ord. No. 82-22; 3-23-93 by Ord. No. 93-16; 3-27-01 by Ord. No. 2001-7; amended in entirety 5-8-18 by Ord. No. 2018-15]
No alarm shall be permitted unless it is first registered with the Bureau of Fire Prevention, Alarm Division as hereinafter required on a form designated by the Fire Official. A separate registration is required for each alarm site.
An alarm registration shall expire on December 31 of each year and shall be renewed annually by submitting an updated registration and renewal fee in accordance with the below provisions. It is the responsibility of the alarm user and alarm registrant to submit and keep registration current. Failure to submit a renewal will constitute a failure to register and be subject to penalties as set forth in this chapter.
Each registration application shall include the following information:
Address and contact telephone number for the alarm site; and
Name, address and telephone number for the person who will be the registration holder and responsible for the maintenance and operation of the alarm and payment of any alarm fees pursuant to this chapter; and
Names, addresses and telephone numbers for two or more persons responsible to receive notification of alarm activation at any time, respond to an alarm activation within 30 minutes, grant access to the alarm site and deactivate the alarm, if deemed necessary; and
Classification of the alarm as either residential or commercial (including type of business(es) at location), whether within public or private property/areas and purpose of the alarm; and
Consent to inspect the premises where the alarm is located during working hours or at a mutually agreeable time; and
Any other information required by the Fire Official or Chief of Police necessary for the enforcement of this chapter.
Alarm registration fees shall be as follows and paid in full upon submission of the registration or renewal on or before January 31 of every year:
New alarm registrations shall be charged a prorated registration fee for the calendar year in which registered.
Registration of existing systems: Any alarm system in place and not registered with the Alarm Division prior to the effective date of the revisions to this chapter shall have 60 days in which to be registered, be in compliance with the terms of this chapter and pay the annual fee for the current year. Any person failing to comply herewith shall be liable for a penalty of $100.
Editor's Note: Chapter 45 was revised 5-8-18 by Ord. No. 2018-15.
All alarm systems, and their respective users and registrants, shall be governed by the false alarm procedures and penalties set forth in this chapter. All penalties must be paid before any registration is issued or renewed.
Alarm registrations cannot be transferred to another person or site. There shall be no refund or reimbursement of alarm registration or renewal fees paid.
If any change in registration information is necessitated or if a system is disconnected or ceases to exist, such information shall be provided by the alarm user or the alarm registrant in writing to the Bureau of Fire Prevention, Alarm Division within 10 days of any change. The alarm user or registrant may be required to file a supplemental or revised registration containing accurate information.
Any false or misleading statements made by an applicant for the purpose of alarm registration shall be sufficient cause refusal of a registration.
Alarms owned by the Town shall be exempt from all registration, renewal and false alarm fees.
Upon receipt of a completed registration, registration information shall be input in to the administrative database of the Bureau of Fire Prevention, Alarm Division, as well as, provided to the Secaucus Police Department. All information shall be held in confidence to the extent permissible under open public record laws.
[Added 5-8-18 by Ord. No. 2018-15]
Editor's Note: Prior ordinance history: Ordinance Nos. 81-2, 82-22, 83-20, 83-52, 92-26, 93-16.
All alarm systems shall be maintained in a manner that will minimize or eliminate false alarm notifications.
All components of an alarm system shall be maintained in good repair.
For each alarm site, two or more persons shall be responsible to: receive notification of alarm activation at any time, respond to an alarm activation within 30 minutes and be able to grant access to the alarm site and deactivate the alarm, if deemed necessary.
A written set of instructions shall be kept on site for the operation of each alarm. Special codes or passwords should not be included in said instructions. In the case of a malfunction where an alarm continuously repeats and resets, the police or other emergency responders may use reasonable means to render the alarm inoperable.
All components of an alarm system shall be kept in good working order at all times to ensure that the sensory mechanism used in connection with such device be adjusted to suppress false indications of fire or smoke conditions so that the device will not be activated by, among other things, pressure changes in water pipes, short flashes of light, wind, noise, vehicular noise, rattling or vibration of doors or windows or other forces unrelated to genuine alarms.
[Amended 1-27-81 by Ord. No. 81-2; 9-28-82 by Ord. No. 82-22; 4-12-83 by Ord. No. 83-20; 4-23-85 by Ord. No. 85-17; 8-11-87 by Ord. No. 87-14; 4-25-89 by Ord. No. 89-17; 3-27-01 by Ord. No. 2001-7; 5-25-10 by Ord. No. 2010-19; 1-25-11 by Ord. No. 2010-45; 5-8-18 by Ord. No. 2018-15]
Actuation of a false alarm shall be a violation of the Code of Secaucus. In the case of a false alarm, the Fire Official, Chief of Police or their designee shall make or cause a report to be made relating to said incident and a record of false alarms be maintained by the Bureau of Fire Prevention, Alarm Division.
The alarm user, registrant and/or owner shall be subject to warnings, service fees and suspension of registration depending on the number of false alarms at an alarm site within any 12 month period. Service fees shall be based on the following:
For the first, second and third false alarms: warning notices may be served.
For the fourth and fifth false alarms: $100 per false alarm.
For the sixth through ninth false alarms: $250 per false alarm.
For the tenth through fifteenth false alarms: $500 per false alarm.
For each false alarm after the fifteenth false alarm: $1,000 per false alarm.
If cancellation occurs prior to arrival at the site from police, fire or other emergency responders, the alarm will not be considered a false alarm for the purpose of a service fee.
Any false alarm fine shall be paid within 30 days of imposition.
The registration to operate any alarm as provided under this chapter shall be revoked or suspended for failure of any alarm user or alarm registrant to pay the prescribed penalty for a false alarm or for any violation of this, chapter. All penalties must be paid before any registration is issued or renewed.
[Amended 9-28-82 by Ord. No. 82-22; 3-23-93 by Ord. No. 93-16]
No audio alarm system shall sound for a period in excess of 15 minutes. All alarm systems shall be equipped with an automatic cutoff circuit to avoid any alarm sounding in excess of the aforesaid time period. Notwithstanding the foregoing, all persons having an alarm system shall familiarize himself/herself with Chapter 93 (Noise) of the Code of the Town of Secaucus as to its applicable provisions.
[Amended 9-28-82 by Ord. No. 82-22; 5-8-18 by Ord. No. 2018-15]
Whenever, under the provisions of this chapter, the Fire Official, Chief of Police or their designee is empowered to make a decision with respect to the issuance or denial of any application or other decision pursuant to this chapter, any person aggrieved by such decision may, within 10 business days following such decision, file a written appeal with the Town Administrator. The Town Administrator shall promptly conduct a hearing either in person or on the records, and affirm, modify or reverse the decision appealed from.
[Amended 9-28-82 by Ord. No. 82-22; 3-27-01 by Ord. No. 2001-7; 5-8-18 by Ord. No. 2018-15]
The Fire Official or his designee may from time to time promulgate rules and regulations supplementing this chapter in order to provide for recordkeeping and efficient management of said system.
[Amended 3-27-01 by Ord. No. 2001-7]
Any person convicted of a violation of this chapter shall, in addition to the revocation of the license or permit of any person, or any person found guilty of failure to comply with any rules or regulations duly promulgated pursuant thereto, such person may, after being found guilty of such violation, be subject to a fine of not more than $1,000.
Said maximum fine of $1,000 shall not apply in those instances in which the amount of the maximum penalty has hereinbefore been limited to a lesser amount by this chapter. In the case of a continuing violation, the violator may be found guilty of as many separate offenses or counts as the number of days as he is provided to have continued in violation of this chapter.