[Adopted 2-21-1973 by Ord. No. 1105]
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WHEREAS, recent studies in the law enforcement field in crowded urban
areas, such as West New York, adjacent to New York City, and other parts of
Hudson County, have demonstrated marked increases in recent years in violent
crimes, especially muggings, break-ins, burglaries, rapes, assaults and other
violent crimes, despite the best efforts of police and governing bodies to
combat same; and
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WHEREAS, opportunities for concealment, lying in wait, roaming about
houses and buildings, gaining access to homes, stairwells, hallways, roofs,
cellars, etc., are afforded to criminals because needed lighting, door locks,
keys, bell systems and similar access and security equipment, fixtures and
devices are not provided, maintained and repaired; and
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WHEREAS, although existing legislation for the erection of housing (two-family,
multifamily or otherwise) and existing building codes initially govern such
matters as a matter of construction and building law, serious deficiencies
exist as to the continuing provision, maintenance and repair of such aids
to tenants' and occupants' security after initial construction,
so as to allow very serious threats to public health and safety so that as
a supplement to existing law, provisions must be made to require constant
maintenance and repair of such tenant and occupant security fixtures and equipment
as an additional necessity and safeguard for the health and safety of tenants,
occupants, visitors and the general public; and
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WHEREAS, existing legislation and ordinances for code enforcement and
regular ordinance enforcement have not preempted the field, but additional
particularized exercise of the police power to prevent and combat crime and
to protect and increase tenant, occupant and visitors' health, security
and safety is necessary and proper, and good cause appearing,
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Now therefore, be it ordained by the Board of Commissioners of the Town
of West New York, County of Hudson, State of New Jersey, as follows:
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In addition to the provisions of all other laws and ordinances, in order
to increase and maintain the safety and security of tenants and other occupants
of premises and their lawful visitors and in order to help prevent and combat
crime, all owners, landlords, employers, operating agents or other entities
owning, managing or controlling any premises wherein there dwell or are located
any tenants, dwellers or occupants or employees, however called, whether under
lease, monthly tenancies, as occupants, employees or otherwise, shall provide
suitable access, safety and security fixtures and equipment including the
following:
A.
Functioning locks on all apartment entrance doors and
on all windows.
B.
Functioning outside entrance light.
C.
Functioning entrance lobby light.
D.
Functioning lock with answering bell-buzzer system to
unlock downstairs entrance door.
E.
Functioning name bells.
F.
Functioning mailboxes with locks.
G.
Functioning lights in all hallways and landings.
H.
Functioning locks to all roof doors.
I.
Keys for all of same as needed, with replacement keys
in reasonable numbers to replace lost keys.
In addition, premises occupied by more than three families or more than
three employees shall provide and keep appropriate lighting functional in
backyards, courts and areaways, parking garages and on-site parking areas.
The above safety equipment is deemed minimal, especially for two-family
houses, but existing standards or equipment, particularly in modern high-rises
shall not be abandoned, but must be maintained and kept in good operating
repair, and failure or refusal to do so shall constitute a violation of this
chapter.
A.
If any of the above tenant and occupant security and
safety equipment is out of service for a period of 24 hours after the owner,
his manager or responsible agent knows or should have known of such condition,
such failure to maintain and repair such safety equipment shall constitute
a Class 4A Failure Violation, the penalty for which shall be a fine of up
to $100 or, up to 10 days in jail, or both.
B.
If such initial Class 4A Failure Violation shall continue
uncorrected for over 48 hours, such increased danger to safety and security
shall constitute an additional Class 4B Serious Violation and Offense, the
penalty for which shall be up to a fine of $200 or up to 30 days in jail or
both, in addition to the previous offense and violation.
C.
If such initial Class 4A and 4B violations shall continue
uncorrected for over 120 hours, such increased danger to safety and security
shall constitute an additional Class 4C Threatening Violation, the penalty
for which shall be a fine of up to $400 or up to 60 days in jail, or both.
D.
If such violations shall continue uncorrected longer
than 120 hours (five days), such increased danger to safety and security shall
constitute a Class 4D Very Serious Violation, and for each additional day
such violation continues, an additional very serious violation shall exist,
and the penalty for each day that such violation shall exist shall be a fine
up to $500 or up to 90 days in jail, or both.
This chapter shall not relieve any person of any obligation or deprive
any person of protection to health and safety, except to provide and maintain
additional security, safety and protection as an added exercise of the police
power, and shall be so construed in harmony with all laws and ordinances that
have effect in the field of construction, operation and maintenance of buildings.
This chapter shall operate on and be effective as to all living quarters
and premises where two families or more may dwell or occupy quarters, including
but not limited to dwelling houses, apartment houses, high-rises and the like,
and shall also apply to office buildings, factories, mercantile establishments
and commercial premises to protect employees, as reasonably applicable, as
to:
Provision of lobby door with buzzer mechanism shall not apply to obvious
situations, as when the apartment door fronts on the street, or the like,
where the location, design or other conditions of the building or area may
render some feature impossible or highly impractical.
