Editor's Note: Ord. 6 S+FB, 1-20-1988 was amended by Ord.
6 S+FE, 8-3-1988 to designate this ordinance as 17:3B. The codification
of 2000 renumbered this section to 4, Section 20:4.
[Ord. 6 S+FB, 1-20-1988 § 17:3A-1]
The purpose of this chapter is to reduce unnecessary noise and
to reduce unnecessary Police responses caused by the use of burglar
alarm and robbery alarm systems by regulating the duration of the
sound of the alarm, by preventing unnecessary false alarms and by
requiring that such alarms be disconnected promptly when they are
malfunctioning.
[Ord. 6 S+FB, 1-20-1988 § 17:3A-2; Ord. 6PSF-A(S), 1-7-2016]
As used in this section:
Shall mean any equipment of whatever nature or kind, designed
or constructed to signal the occurrence of any entry or other activity
requiring urgent attention and to which Police or other authorized
personnel may be required to respond.
Shall mean a person, firm, partnership, association, corporation,
company or organization of any kind in possession or control of any
building, structure or facility where an alarm system is maintained.
Shall mean an alarm system signaling an entry or attempted
entry into an area protected by the system.
Shall mean the Chief of Police of the Division of Police
of the City of Newark or his/her designated representative.
Shall mean an alarm signal eliciting response by police when
a situation requiring a response by the police does not, in fact,
exist. Excluded are alarm signals caused by violent conditions of
nature, or other extraordinary circumstances not reasonably subject
to control by the alarm business operator or alarm user or owner that
is not related to alarm maintenance.
Shall mean an alarm system which provides direct connection
by a telephone lease line from a specific location to an alarm panel
or alarm register with a visible or audible signal.
Shall mean an alarm system signaling a robbery or attempted
robbery of an area protected by the system.
Shall mean an alarm system which automatically selects a
telephone trunk line and then reproduces a prerecorded message to
a special telephone device rather than to the alarm panel or alarm
register.
Shall mean an alarm system which automatically alerts a person,
beyond the limits of the property served, who is engaged in the business
of relaying information by telephone to the Division of Police or
reacting independently of the Division of Police.
[Ord. 6 S+FB, 1-20-1988 § 17:3A-3]
No burglar alarm or robbery alarm system or device shall be
maintained and allowed to emit a sound from any building which does
not deactivate within 20 minutes after being activated, nor shall
it be allowed to emit sound intermittently for any period in excess
of a total of 20 minutes after being activated.
For the first occurrence, the Law Enforcement Officer shall
notify the alarm user in writing that his/her alarm did not deactivate
after 20 minutes. For the second occurrence, the Law Enforcement Officer
shall notify the alarm user in writing that he/she is in violation
of this section. Upon a third occurrence of a burglar alarm or robbery
alarm emitting sound for over 20 minutes, the owner or alarm user
shall receive a summons and complaint for a violation of this section.
In addition, upon a second violation of this section the alarm
user shall be required to submit to the Law Enforcement Officer, within
72 hours, evidence that he/she has taken the necessary steps to correct
the system and comply with this section.
[Ord. 6 S+FB, 1-20-1988 § 17:3A-4]
An alarm may utilize a bell, horn or other noise making instrument
located upon the property where the device is installed.
[Ord. 6 S+FB, 1-20-1988 § 17:3A-5; amended 5-6-2020 by Ord. No. 6PSF-A, 05-06-2020]
In the event within one year of a second burglar alarm or robbery
alarm emitting a sound or message resulting in a response by Law Enforcement
Officers when a situation requiring a response by a Law Enforcement
Officer does not in fact exist, the alarm user shall be notified by
the Law Enforcement Officer to complete a written report to the Law
Enforcement Officer setting forth the cause of the false alarm if
known; the corrective action taken; whether the alarm system has been
inspected by an alarm service company; and such other information
as the Law Enforcement Officer may reasonably require. The alarm user's
failure to return this report shall be a violation of this section.
A warning notice will be issued when there are three false alarms
within 12 months. The fourth false alarm will be considered a violation
and a fine of $50 will be assessed. Five or more false alarms will
incur a fine of $100 for each additional false alarm and will be a
considered a violation of this section.
[Ord. 6 S+FB, 1-20-1988 § 17:3A-6]
No tape dialer system or lease line system shall be connected
to any Police telephone line without the express permission of the
Chief of Police of the City of Newark and without complying with the
regulations promulgated by his/her office.
[Ord. 6 S+FB, 1-20-1988 § 17:3A-7; amended5-6-2020 by Ord. No. 6PSF-A, 05-06-2020 ]
There shall be an initial registration fee of $85 for commercial
properties and $50 for residential properties. The user or owner of
any burglar or robbery alarm system or device at any premises in the
City of Newark shall provide to the Chief of Police of the City of
Newark the names and telephone numbers of at least three persons who
can respond to the premises where the alarm occurred at any time with
the keys to the premises and the alarm system; and, with sufficient
information to identify the type of alarm system, the location of
the alarm system and the location of any other defensive system on
the premises as well as any other information required by the Chief
of Police as described in the Police Division regulations.
[Ord. 6 S+FB, 1-20-1988 § 17:3A-8; Ord. 6 S+FI, 3-21-1990 § 17:3A-8; amended 5-6-2020 by Ord. No. 6PSF-A,
05-06-2020; 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
Upon complying with the registration requirements of this chapter,
a permit shall be issued to the user or owner by the Division of Tax
Abatement and Special Taxes for the alarm system for each property,
building or other facility and no permit shall be transferred or assigned.
A biennial fee of $100 shall be charged for each permit. However,
owner occupied one to four family residential units shall be exempt
from the bienniall fee requirement.
It shall be a violation of this chapter to install or use a
burglar or robbery alarm system without a permit issued pursuant to
this section.
Every such permit, unless sooner forfeited or revoked, shall
expire on the first day of July biennially succeeding the date when
it was granted. If any applicant obtains an initial license pursuant
to this section after the renewal date or in between a biennial cycle,
the applicant will pay a pro-rated application fee. The applicants'
license will thereafter expire on July 1st in accordance with the
biennial licensing cycle.
[Ord. 6 S+FB, 1-20-1988 § 17:3A-9]
Any permits issued pursuant to this chapter may be revoked or
suspended by the Manager of the Division of Tax Abatement and Special
Taxes after a hearing for good cause shown.
[Ord. 6 S+FB, 1-20-1988 § 17:3A-10]
Any person aggrieved by the action of the Manager of the Division
of Tax Abatement and Special Taxes in respect to the operation of
any alarm equipment shall have the right to appeal to the Business
Administrator of the City of Newark. The appeal shall be taken by
filing with the Administrator within 14 days, after the notice of
the action complained of has been mailed to the person's last known
address, a written statement setting forth fully the grounds for appeal.
The Administrator shall set a time and place for a hearing of the
appeal, and notice of the hearing shall be given to the appellant
by certified mail to his/her last known address at least five days
prior to the date set for hearing. The decision of the Manager shall
be affirmed, modified or reversed, and the reasons therefor shall
be set forth in a decision that shall be sent to the appellant.
[Ord. 6 S+FB, 1-20-1988 § 17:3A-11]
The Chief of Police is authorized and empowered to issue such
regulations as he/she may deem reasonably necessary to carry out the
purpose of this chapter, insure the proper function of private alarm
systems, and provide for the safety and convenience of the Police,
other responding emergency units, and the public. Such regulations
shall be in writing and shall be given to each registrant at the time
of the acceptance of his/her registration or at the time of the amendment
thereof. It shall be a violation of this chapter to violate the regulations
of the Police Chief.
[Ord. 6 S+FB, 1-20-1988 § 17:3A-12]
Neither the City of Newark nor its agents or employees assume
any obligation whatsoever concerning the adequacy, operation or maintenance
of any private alarm system. Neither the City nor its agents or employees
assume any liability whatsoever for any failure of any private alarm
system, failure to respond to any such alarm system, or for any act
of omission or commission relating to any such alarm system.
[Ord. 6 S+FB, 1-20-1988; Ord. 6 S+FK, 1-3-1990]
Any person found to be violating any of the provisions of this
chapter shall, upon conviction thereof, be subject to a fine not to
exceed $1,000 or by imprisonment for a term not to exceed 90 days
or both.
For a first offense there shall be a fine of $25 and for a second
offense there shall be a fine of $50.
