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ORDINANCE AMENDING TITLE XX, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY 2000 AS AMENDED AND SUPPLEMENTED, CHAPTER 4, BURGLAR AND ROBBERY ALARMS, AMENDING SECTION 5, FALSE ALARMS, ADDING PENALTIES FOR CONTINUOUS VIOLATIONS REGARDING FALSE ALARMS, SECTION 7, ADDING REGISTRATION FEES FOR COMMERCIAL AND RESIDENTIAL PROPERTIES, AND SECTION 8, INCREASING THE ANNUAL FEE FOR PERMITS ON COMMERCIAL PROPERTIES.
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WHEREAS, the Department of Public Safety is seeking to increase the fees and penalties for violations of Title XX, Chapter 4, Burglar and Robbery Alarms; and
WHEREAS, officers are required to adhere to Department protocol when they receive a burglar alarm call for service, to ensure the safety of the residents and property associated with the call; and
WHEREAS, the national average for burglar alarm calls for service is twenty-five (25) minutes from the initial time the call is received to its final disposition; and
WHEREAS, the Department of Public Safety, Division of Police spends 5,707 hours on average addressing burglar alarm related calls for service per year; and
WHEREAS, the rate of false alarms for the past three (3) years was nearly equivalent to the number of calls for service; and
WHEREAS, the fee increase would bring the City of Newark at a rate comparable to other larger municipalities.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Note: Additions are shown as underlined and bold. Deletions are shown as strikethrough.
SECTION 1: Title XX Offenses, Chapter 4, Burglar and Robbery Alarms of the Revised General Ordinances of the City of Newark, New Jersey 2000, as amended and supplemented, is amended as follows:
CHAPTER 4 BURGLAR AND ROBBERY ALARMS
20:4-5. FALSE ALARMS.
In the event within one (1) 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.
It shall be a violation of this Section for the alarm user to allow A warning notice will be issued when there are three (3) false alarms within twelve (12) months. The fourth (4) false alarm will be considered a violation and a fine of fifty-dollars ($50.00) will be assessed. Five (5) or more false alarms will incur a fine of one hundred dollars ($100.00) for each additional false alarm and will be a considered a violation of this section.
20:4-7. REGISTRATION.
There shall be an initial registration fee of eighty-five dollars ($85.00) for commercial properties and fifty dollars ($50.00) 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 (3) 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.
20:4-8. PERMITS.
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.
An annual fee of twenty ($20.00) fifty ($50.00) dollars shall be charged for each permit. However, owner occupied one (1) to four (4) family residential units shall be exempt from the annual 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.
SECTION 2: If any provisions of this Ordinance or application thereof to any person(s) or circumstances is judged invalid by a court of competent jurisdiction the invalidity shall not affect other provisions or applications of the Ordinance that can be given effect without the invalidated provision or application, and to this end, the provisions of this Ordinance are declared severable.
SECTION 3: The Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
This Ordinance amends Title XX, Chapter 4 Burglar and Robbery Alarms by adding penalties for continuous violations regarding false alarms, adding registration fees for commercial and residential properties and increasing the annual fee for permits on commercial properties.