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:
ALARM BUSINESS
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.
ALARM SYSTEM
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.
ALARM USER
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.
AUDIBLE ALARM
A device designed to sound a clear audible alarm signal that is distinct
from all signals or other sounding devices used in the vicinity.
AVOIDABLE ALARM
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.
EMERGENCY RESPONSE AGENCY
Any police department, fire department or other law enforcement agency;
ambulance company or other agency summoned to respond to an emergency situation.
NOTICE
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.
PERSON
Natural person, firm, partnership, association or corporation.
PROPRIETARY SYSTEM
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.
The provisions of this chapter shall not apply to proprietary alarm
systems.
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.
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.
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.
Fines for avoidable alarms shall be as follows:
A. Fourth avoidable alarm within a calendar year: $25.
B. Fifth avoidable alarm within a calendar year: $50.
C. Sixth and subsequent avoidable alarm within a calendar
year: $100 per occurrence.
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.
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.
Before a summons is issued, it shall be reviewed by at least two officials
knowledgeable in alarm systems.