[HISTORY: Adopted by the City Council of
the City of Rahway 7-9-1984 by Ord. No. A-12-84 as Ch. 67 of the 1984
Code; amended in its entirety 1-12-2004 by Ord. No. O-89-03. Subsequent amendments
noted where applicable.]
As used in this chapter, unless the context
otherwise requires, the following terms shall have the meanings indicated:
Any person who:
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:
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.[1]
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.
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.
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.
Intentional misuse: any intentional activation
of an alarm system when no burglary, hold-up, fire, or other emergency
exists or is in progress.
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.
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.
The area that is or will be covered by an alarm system.
[1]
Editor's Note: The former definition of "coordinator," which
immediately followed this definition, was repealed 10-15-2013 by Ord.
No. O-40-13.
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.
A.
The City, or its designee, shall register each alarm
system installed on protected premises upon receipt from the registering
principal of the following information on forms provided for that
purpose:
(1)
The name, address and telephone number of the principal.
(2)
The type of premises (e.g., home, office, variety
store, etc.) and the name of any business operating in the protected
premises by which the protected premises is known.
(3)
The address of the protected premises. If the protected
premises are in a residential, commercial or industrial complex (e.g.,
office building, apartment house, shopping center, etc.), the address
shall include the name, if any, by which the complex is commonly known.
(4)
The names, addresses and telephone numbers, including
home phone numbers, of at least three people and, if applicable, an
alarm business which has access to the protected premises and which
may be notified in the event the alarm is activated.
(5)
Certification by the principal that the principal's
immediate family, tenants or employees (as appropriate under the circumstances)
who have access to the protected premises have been given training
which includes procedures and practices to avoid false alarms and
steps to follow in the event the alarm system is accidentally activated.
B.
Permit fees.
[Amended 10-15-2013 by Ord. No. O-40-13]
(1)
Along with a permit application the principal shall remit a permit
fee in the amount of $25, payable to the City, and, if not paid within
30 days of notice, a late charge of $25 shall be applied. An additional
late charge of $25 shall be imposed on the first of each month thereafter
that the permit fee remains unpaid.
(2)
In the case of renewal permits, the twenty-five-dollar permit fee
must be paid prior to the first day of March in each year. A late
charge of $25 shall be applied if the fee is not paid by that date,
and an additional late charge of $25 shall be applied on the first
of each month thereafter while the fee remains unpaid [e.g., if the
fee is not paid until May 1, a late charge of $75 ($25 for each of
March, April, and May) shall be due in addition to the permit fee].
C.
The City or designee shall register the alarm system
by issuing to the principal a permit bearing the name of the principal,
the address of the protected premises, an identification number, and
setting forth the expiration date of the permit. The registration
of any alarm system shall not obligate the City or RPDCC to respond
or accord any priority to any emergency.
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).
A.
The principal shall, at all times, be responsible
for the proper maintenance and repair of the alarm system, including
the repair or replacement of any component or design feature.
B.
Each alarm system shall be maintained so that each
audible annunciator will automatically silence within 15 minutes after
being activated, and will not be reactivated unless a new emergency
occurs.
C.
An alarm system incorporating an audible annunciator
shall not be tested between the hours of 8:00 p.m. of any day and
7:00 a.m. of the following day.
A.
Any alarm business communicating the presence of an
emergency to the RPDCC shall provide the following information:
(1)
The name of the principal, the address of the protected
premises, the type of premises (home, office, etc.) and the business
name, if any, by which the premises are known. Such information shall
be repeated a second time at the end of the message.
(2)
The name and telephone number of the principal, business,
or its agent having ready access to the protected premises.
(3)
The apparent nature or type of an emergency indicated,
e.g., burglary in progress, robbery, fire, rescue or other emergency.
B.
Each alarm business which installs, maintains or monitors
alarm system within the City of Rahway shall be required to be in
compliance with N.J.S.A. 45:5A-1 et seq.
A.
The principal shall pay a fee to the City for each
false alarm within 30 days of invoice in accordance with the following
schedule:
|
Occurrences Per Year
|
Fine Per Each Occurrence
| |
|---|---|---|
|
First 2
|
No charge
| |
|
3 through 5
|
$50.00
| |
|
6 through 10
|
$100.00
| |
|
Over 10
|
$250.00
|
B.
Failure to make full payment in 30 days of the invoice
shall result in a late charge of $50.
A.
The following shall constitute grounds for suspension
and/or revocation of a license or permit:
(1)
The violation of any of the provisions of this chapter;
or
(2)
When an alarm system is knowingly activated by a licensee,
permit holder, owner or employee or agent of said parties, in a situation
where no burglary, fire intrusion, robbery, medical emergency or other
emergency is actually in progress; or
(3)
When the licensee, permit holder, owner or an employee
or agent of said parties has knowingly made any false, misleading
or fraudulent statement of material fact in the application for a
license or any report or record required to be filed with the City;
or
(4)
Failure to pay applicable fees.
B.
The City or its designee, in the case of suspension, shall serve the permit holder with a written order of suspension stating the reasons for the suspension. The order shall be effective immediately if personally served, or 72 hours after the order of suspension has been deposited by ordinary mail, postage prepaid, in the U.S. mail to the address provided on the permit. When an order becomes effective, the permit holder shall immediately discontinue the use of any alarm system requiring a permit under this chapter, and cease all operations conducted under the authority of any permit, unless such alarm is mandated or required as a matter of federal, state, or local law and cannot be disconnected. If the owner or operator of such alarm system continues to maintain the use of the alarm, for each false alarm as defined in § 125-1 of this chapter, the owner or operator of the alarm shall be charged a fee per response according to the provisions contained in § 125-8.
C.
A suspension shall become a revocation 30 days after the order of suspension becomes effective unless the permit holder files an appeal of the order of suspension in the manner as hereinafter set forth in this chapter. When an appeal is filed, the order of suspension shall be stayed pending final determination of the appeal. The suspension shall become a revocation if the decision of the hearing officer upholds the suspension, unless the decision is ultimately overruled by the City Council pursuant to § 125-10. The suspension shall be dissolved immediately if the decision of the hearing officer reverses the suspension. The principal shall be notified if the hearing officer and/or City Council concur with the suspension. After 15 days have elapsed since notification to the licensee of the suspension, the suspension shall be deemed a revocation of the permit.
D.
If any permit is revoked pursuant to this chapter,
the permit holder shall immediately surrender the permit to the City.
[Amended 10-15-2013 by Ord. No. O-40-13]
E.
Whenever an alarm system, which is under suspension,
revocation or renewal, has been repaired so as to be capable of functioning
properly, and the City has received from an alarm company written
certification to such effect, the City may recommend reinstatement
of the alarm permit, and the permit shall then be issued or reinstated.
[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.
A.
Notice or billing from the City to any alarm system
registration holder shall be deemed to have been given or rendered
on the date such notice or billing is deposited in the U.S. mail,
first class postage prepaid, addressed to the registration holder
at the address shown in the City's registration records. A certificate
signed by the person who mailed the notice or billing shall be prima
facie evidence of the facts stated therein with respect to such notice
or billing.
B.
Notice to the City or payment under this chapter shall
be effective when received by the appropriate City office or its designee.
Any protected premises owned, maintained and/or
operated by the City of Rahway shall be exempt from the provisions
of this chapter.
A.
Failure to register or pay fees as set out in this
chapter may result in the matter being forwarded to a collection agency
by the City of Rahway or its designee.
B.
Any violation of the provisions of this chapter may
be pursued as a City ordinance violation. The maximum penalty shall
be $1,000, plus any outstanding balance due to the City according
to the provisions of this chapter, and/or 30 days' imprisonment. Each
day that a violation is allowed to continue shall constitute a separate
and distinct violation.
[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.
