As used in this chapter, unless the context
otherwise requires, the following terms shall have the meanings indicated:
ALARM BUSINESS
Any person who:
A.
Installs alarm systems, other than a principal;
or
B.
Pursuant to an agreement with a principal, communicates
the presence of an emergency, which is sounded or signaled by an alarm
system, to the Rahway Police Department Communications Center (RPDCC)
in any manner or by any means.
ALARM SYSTEM
Any device (other than a device installed upon premises occupied
by the City) to detect, deter, sound, prevent, or signal an intrusion
or other criminal activity, fire, rescue, or other emergency situation
(collectively "emergency") which, when activated, employs the use
of:
A.
An audible annunciator; or
B.
A visual signal or other means to alert the
RPDCC of an emergency, whether directly or indirectly.
AUDIBLE ANNUNCIATOR
That part of an alarm system which, when activated, sounds
or signals an emergency by means of a bell, siren, buzzer or similar
sound-producing device, which is audible at a distance of 50 feet
from the protected premises.
FALSE ALARM
Any alarm that is activated on purpose or by accident, or
by system malfunction when there is no intrusion, fire, smoke, or
medical emergency. The City shall have full authority and discretion
to determine those situations and/or circumstances that may constitute
a false alarm, but which are not set forth below.
A.
Error or mistake: any action by any person,
firm, corporation, or other entity owning or operating any dwelling,
building, or place, or any action of an agent or employee thereof,
which results in the activation of any alarm system when no emergency
exists.
B.
Malfunction: any unintentional activation of
any alarm system caused by a mechanical malfunction, flaw in design,
installation or maintenance of the system; Any activation caused by
extraordinary violent conditions of nature, such as tornadoes, floods,
or earthquakes, shall not be considered a malfunction.
C.
Intentional misuse: any intentional activation
of an alarm system when no burglary, hold-up, fire, or other emergency
exists or is in progress.
D.
Alarms that are cancelled by the Alarm Company,
responsible party or resident prior to the dispatch of a police unit
shall not be classified as false alarms.
PRINCIPAL
The person, firm, partnership, association, corporation,
company, or organization whose premises are or will be protected by
an alarm system. If the premises are leased, the principal shall be
the person in possession or control of the protected premises, unless
more than one tenant is served by a single alarm system, in which
event, "principal" shall mean the owner of the protected premises.
It shall be unlawful for any person to install,
use, or maintain an alarm system in violation of any of the requirements
of the chapter.
Any alarm system installed on protected premises
shall be registered with the police as set forth below:
A. Existing alarm systems. Any alarm system, which has
been installed as of the effective date of this chapter shall be registered
by the principal within 60 days of such effective date.
B. New alarm systems. Any principal that has an alarm
system installed on a protected premises located within the City shall
have 10 days from the date of installation to register the alarm system
as required by this chapter. Failure of the principal to submit the
initial permit fee to the City, or its designee, shall result in a
fine to the principal of $100.
Within 10 days following any change of circumstances, the principal shall supplement or amend all information that was provided to the Police Department at the time of registration. No additional fee shall be due unless the change has terminated the registration as provided in §
125-4D(2).
[Amended 10-15-2013 by Ord. No. O-40-13]
A. An alarm system owner who receives a notice of a false alarm may
appeal the notice to the Police Chief in the case of a burglar alarm
or to the Fire Chief in the case of all other alarms within 30 days
of receiving the notice. The Police Chief or Fire Chief may determine
the false alarm should be chargeable or nonchargeable against the
alarm system owner on the information contained in the appeal form
or schedule a hearing, if necessary.
B. The Police Chief or Fire Chief, as appropriate, may act as the hearing
officer or designate another individual to serve as hearing officer.
If another individual is designated as hearing officer, the hearing
officer's decision shall be a recommendation to the Police Chief
or Fire Chief, as appropriate, which decision the respective Chief
shall affirm, reject, or modify.
C. If the false alarm is determined to be chargeable, the penalty, if
any, shall be paid in full within 30 days of the date of the respective
Chief's determination.
Any protected premises owned, maintained and/or
operated by the City of Rahway shall be exempt from the provisions
of this chapter.
[Added 10-15-2013 by Ord. No. O-40-13]
Except as otherwise provided, this chapter shall be administered
and enforced by the Rahway Police Department, and, except where a
contrary meaning is clear from the context, every reference to the
City's designee in this chapter shall mean the Chief of Police
or his designee.