[HISTORY: Adopted by the Board of Trustees of the Village of Newark 7-15-1997
by L.L. No. 4-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 101.
This chapter shall be known as the "Alarm Local Law," with the thought
that this will address security (burglar), fire and other necessary alarms.
It is the purpose of this chapter to protect and promote the health,
safety and general welfare of the residents of our community, the Village
of Newark, by reducing the number of avoidable alarms to emergency agencies.
Avoidable alarms contribute to ineffective utilization of public
safety manpower and equipment. In addition, avoidable alarms require emergency
responses which may contribute to a high accident rate and delayed responses
to genuine emergencies. This chapter seeks to ensure that police, ambulance
and fire communications facilities will be available to dispatch police, ambulance
and fire personnel for actual emergencies and to alleviate the nuisance of
audible alarms to the surrounding community. Another purpose of this chapter
is to provide the Village of Newark with the names of responsible people to
contact in the case of activation of an alarm.
As used in this chapter, the following terms shall have the meanings
indicated:
The business by any individual, partnership, corporation or other
entity of selling, leasing, maintaining, servicing, repairing, altering, replacing,
moving or installing any alarm system or causing to be sold, leased, maintained,
serviced, repaired, altered, replaced, moved or installed any alarm system
in or on any building, structure or facility. Such business shall be licensed
as required by the State of New York, Department of State, and hold a current
license that is not expired.
Any device, either electronic or mechanical, which emits an audible
response which is intended to alert persons outside a premises to the existence
of a fire or burglary, or other emergency, or which is intended to alert emergency
agencies by automatically dialing an emergency telephone number or which is
connected to a private answering point for the purpose of reporting such alarms
to emergency agencies or which is directly connected to the Police or Fire
Department. Alarm systems include, but are not limited to, direct dial telephone
devices, radio transmitting devices and audible alarms. Devices which are
designed or used to register alarms that are not audible, visible or perceptible
outside of the protected building, structure or facility are not included
within this definition nor are auxiliary devices installed by the telephone
company or a cable television company to protect its systems which might be
damaged or disrupted by the use of an alarm system.
Any person, firm or corporation who owns, leases or uses a fire,
burglar or medical alarm system within the Village of Newark, except for a
person whose alarm system is on a motor vehicle or is a proprietary system.
If, however, an alarm system on a motor vehicle is connected with an alarm
system in a premises, other than a proprietary system, in the Village of Newark,
the person using such system is an alarm user.
A device designed to sound a clear audible alarm signal that is distinct
from all signals or other sounding devices used in the vicinity.
The activation of an alarm system through mechanical failure, malfunction,
improper installation or the negligence of the owner, user, custodian or lessee
of an alarm system, or his or her employees or agents, or through any other
cause which, through direct connection to an emergency agency, or which, through
notification of an emergency agency by a private answering point or automatic
dialing device, or which, through notification to an emergency agency by any
other second party or means, indicates that an emergency situation exists
requiring an emergency response within the Village of Newark when, in fact,
an emergency situation does not exist. An avoidable alarm also includes the
knowing or intentional activation of an alarm to an emergency agency when
the activator knows that an emergency situation does not exist. Avoidable
alarm does not include alarms activated by violent conditions of nature, such
as hurricanes, tornadoes, earthquakes or any other similar cause beyond the
control of the user of an alarm system. Activation of an alarm system under
any circumstances in which the activator reasonably believes that an emergency
situation exists is not an avoidable alarm.
Any police department, fire department or other law enforcement agency;
ambulance company or other agency summoned to respond to an emergency situation.
Written notice, given by personal service upon the addressee, or
given by United States mail, postage prepaid, addressed to the person to be
notified at his or her last known address by Code Enforcement Officer, Chief
of Police, Fire Chief, Fire Marshall or designated official of the Village
of Newark. Service of such notice shall be effective upon the completion of
personal service, or upon the placing of the same in the custody of United
States Postal Service.
Natural person, firm, partnership, association or corporation.
An alarm, sounding and/or recording alarm and supervisory signals
at a control center located within the premises protected by the alarm, which
is not intended to alert persons outside of the premises on which the alarm
system is located of a possible hazard and is not intended to alert an emergency
agency, the control center being under the supervision of the proprietor of
the protected premises. If a proprietary system includes a signal line connected
directly or by means of an automatic dialing device to an emergency agency
or to a private answering point or to a local alarm system, it thereby becomes
an "alarm system," as defined in this chapter.
Village of Newark.
The provisions of this chapter shall not apply to proprietary alarm
systems.
A.
No person shall own, use, lease, operate or maintain
an alarm system within the Village of Newark unless such person shall have
first obtained from the village a permit for such alarm.
B.
Alarm user permit application.
(1)
In order to obtain an alarm user permit, any person who
operates an alarm system shall submit an application for such permit in the
form designated by the village, which application shall contain the following
information:
(a)
The name and home address of the person applying for
a permit.
(b)
The address of the premises upon which the alarm system
is or will be located.
(c)
The type of alarm system for which the permit is sought.
(d)
The name of the alarm business or businesses selling,
installing, monitoring, inspecting, responding to and/or maintaining the alarm
system.
(e)
The telephone number of the person applying for the permit.
(f)
The name and telephone number of at least two other persons
who can be reached at any time, day or night, and who are authorized by the
owner of the premises in which the system is installed to open the premises.
(g)
Any other information as the village may require.
(2)
The information required on the permit application shall
be treated as confidential and shall not be made available to members of the
general public. The information on a permit application shall be used by the
village only for emergency response purposes.
(4)
Upon receipt of a properly executed application, the
village shall issue an alarm user permit to the applicant.
C.
Alarm user permits shall not be transferable and shall
be maintained on the premises where the alarm system is located and made available
for inspection by a village official.
D.
Statistics for the reporting of avoidable alarms shall
be maintained by the Fire Department for fire and carbon monoxide alarms and
by the Police Department for burglar alarms.
Violators of § 44-5, Alarm user permits, shall be liable for a civil penalty of $100. Upon finding an alarm user operating an alarm system without a valid permit, an alarm user shall be issued a notice of violation. Such violation shall be dismissed if the alarm user obtains a permit within 25 days after issuance of the notice and submits proof that a permit has been obtained from the Village of Newark Code Enforcement Officer, Fire Chief, Fire Marshall, Chief of Police or designated official of the Village of Newark prior to legal action. Payment of the penalty established herein shall not satisfy the requirement to obtain a permit or to pay the applicable permit fees.
A.
Every alarm business in the Village of Newark shall provide
all alarm system users with written instructions that provide adequate information
to enable the alarm user to operate the alarm properly. A current copy of
all such written instructions shall be furnished to the authority having jurisdiction
upon its request.
B.
It shall be the responsibility of the installer of an
alarm system in the Village of Newark to provide each customer with an application
for an alarm user permit. It is recommended that prior to the installation
of the alarm system, or while it is in the design stage prior to installation,
an alarm permit be obtained from the Village of Newark.
Any alarm system installed after the enactment of this chapter shall
comply with the following design specifications:
A.
No single fire alarm zone shall protect any area greater
than 5,000 square feet. Exception: where approved by the Village of Newark.
B.
All buildings with multiple tenants shall be zoned by
tenant spaces. Exception: where approved by the Village of Newark.
C.
All floors or stories of buildings shall be zoned independently.
No zone shall be used to protect multiple floors.
D.
All sprinkler system flow switches shall be zoned independently.
It is recommended where water surges occur on wet sprinkler systems, time
delay flow switches be installed. It is also recommended for dry valve sprinkler
systems that the air supply be controlled automatically and monitored.
E.
All concealed detection devices, such as under floor
detectors or duct detectors, shall be zoned independently. An inaccessible
detector shall have a remote enunciator installed in an accessible area.
F.
All automatic fire suppression systems, if connected
to a fire alarm system, shall be on an independent zone.
G.
All detection, initiating and indicating devices shall
be securely mounted.
H.
All equipment used for any alarm system in the Village
of Newark shall be Underwriters' Laboratories, Inc. (UL) listed and/or
factory mutual approved for such installation.
A.
Every person maintaining an alarm system shall post a
notice containing the names and telephone numbers of the persons to be notified
to render repairs or service and secure the premises during any hour of the
day or night that the alarm is actuated. Such notice shall be posted near
the alarm in such a position as to be legible. In lieu thereof, such person
may maintain such information with the Fire Department for fire alarms and
the Police Department for burglar alarms. In addition to the aforesaid information,
the name and address and telephone number of any person having a key to the
premises shall be provided to the respective Department.
B.
Each audible alarm shall be designed so as to terminate
its alarm within 15 minutes from its initiation.
C.
Fire or Police Department officers or any peace officer
may disable an audible alarm that has not been silenced after the expiration
of the fifteen-minute period, and neither the Village of Newark, nor the Newark
Fire or Police Department, nor such official shall be liable for any damage
that may result.
D.
All Fire Department connections (stand pipe) shall be
clearly marked with an illuminating sign of adequate size situated above or
below the connection "Fire Department Connection - No Parking." This area
should be kept clear of any debris or matter blocking the connection.
Carbon monoxide or gas detection devices for the purpose of this chapter
are considered detection devices and fall into all the criteria of this chapter.
A.
General.
(1)
The alarm permit holder is responsible to maintain the
alarm system, and all devices attached thereto, in proper working order at
all times.
(2)
All maintenance to alarm systems shall be performed by
competent technicians who are knowledgeable of the system.
(3)
Nothing in this section is to be interpreted as prohibiting
security system zones for maintenance and/or conveyance of user.
B.
Avoidable alarms (actions of Fire and Police Departments).
Any detection device and/or alarm system which activates without cause on
the first occurrence will be identified by the emergency response agency.
On subsequent activation by this detector without cause, it shall again be
identified by the emergency response agency. At that time, the system or detector
must be immediately disconnected or bypassed and serviced by a competent service
technician. The emergency response agency will be notified when repairs have
been performed and the alarm system is reconnected. The Village of Newark,
or any official having the authority to disconnect, shall not be liable for
any injuries or damages that may result from the system being disconnected.
Fines for avoidable alarms shall be as follows:
Alarm systems which are interconnected or otherwise transmit signals
directly to the Wayne County Fire Control and/or 911 Emergency Communications
Center shall be subject to this chapter.
A.
All local alarm systems shall become deactivated and
silenced automatically after a period of time not to exceed 15 minutes.
B.
The emergency response agency may disable an audible
alarm signal that has not been silenced after the expiration of the fifteen-minute
period and shall not be liable for any injuries or damage that may result.
The Newark Village Court shall hear and determine charges involving
violations of this chapter. Enforcement of this chapter shall be undertaken
by the Code Enforcement Officer and/or the Newark Police Department.
A.
In the event of four or more avoidable activations of
a alarm system, the Police Chief, Fire Chief, Code Enforcement Officer, Fire
Marshall, Director of Operations for Newark-Arcadia Volunteer Ambulance Association,
or their designated agents, are authorized to disconnect such alarm system
from notifying emergency personnel. In the event of a disconnection, the Village
of Newark, the Newark Fire or Police Department, or any official having the
authority to disconnect shall not be liable for any damages that may result.
B.
Failure to comply with the requirements of this chapter
shall, upon notice to the alarm system user, entitle the Village of Newark
to disconnect the alarm system. The Village of Newark, the Newark Fire or
Police Department or any official having the authority to disconnect shall
not be liable for any damages that may result.
Before a summons is issued, it shall be reviewed by at least two officials
knowledgeable in alarm systems.
