[HISTORY: Adopted by the Mayor and Council of the Town of
Secaucus 1-23-79 as Ord. No. 79-1.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 45,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]
A.
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.
B.
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]
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]
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]
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]
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.
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]
A.
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.
B.
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.
C.
Each registration application shall include the following information:
(1)
Address and contact telephone number for the alarm site; and
(2)
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
(3)
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
(4)
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
(5)
Consent to inspect the premises where the alarm is located during
working hours or at a mutually agreeable time; and
(6)
Any other information required by the Fire Official or Chief of Police
necessary for the enforcement of this chapter.
D.
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:
|
Annual registration fee per alarm:
|
$100
|
|
Annual renewal fee per alarm:
|
$100
|
New alarm registrations shall be charged a prorated
registration fee for the calendar year in which registered.
E.
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.
F.
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.
G.
Alarm registrations cannot be transferred to another person or site.
There shall be no refund or reimbursement of alarm registration or
renewal fees paid.
H.
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.
I.
Any false or misleading statements made by an applicant for the purpose
of alarm registration shall be sufficient cause refusal of a registration.
J.
Alarms owned by the Town shall be exempt from all registration, renewal
and false alarm fees.
K.
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.
A.
All alarm systems shall be maintained in a manner that will minimize
or eliminate false alarm notifications.
B.
All components of an alarm system shall be maintained in good repair.
C.
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.
D.
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.
E.
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]
A.
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.
B.
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:
(1)
For the first, second and third false alarms: warning notices may
be served.
(2)
For the fourth and fifth false alarms: $100 per false alarm.
(3)
For the sixth through ninth false alarms: $250 per false alarm.
(4)
For the tenth through fifteenth false alarms: $500 per false alarm.
(5)
For each false alarm after the fifteenth false alarm: $1,000 per
false alarm.
C.
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.
D.
Any false alarm fine shall be paid within 30 days of imposition.
E.
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]
A.
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.
B.
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.
