The purpose of this chapter is to provide minimum
standards and regulations for the use of privately installed burglary,
robbery and fire alarm systems, to require permits and registration,
to establish fees and fines and to create an administrative apparatus.
As used in this chapter, the following terms
shall have the meanings indicated:
ALARM DEVICE
Any type of alarm-activating equipment which provides warning
of burglary, intrusion, fire or like peril, but shall specifically
exclude a device giving an audible alarm indicating smoke and/or fire
within a structure and not connected to an alarm system or to any
external sounding device outside of the structure, such as an independent
smoke detector.
ALARM SYSTEM
An assembly of equipment and devices arranged to signal the
presence of an emergency, such as a burglary, intrusion, fire or like
peril, to which police and/or fire fighters are expected to respond.
FALSE ALARM
An alarm signal eliciting a response by police and/or fire
fighters when a situation requiring a response by the police does
not in fact exist, but does not include an alarm signal caused by
violent conditions of nature or other extraordinary circumstances
not reasonably subject to control by the alarm user.
INSTALLER'S LICENSE
The license issued by the Construction Official of the Borough
of Kinnelon permitting a person to engage in, manage, conduct or carry
on the business of installing, leasing, connecting, maintaining, servicing,
repairing, arranging, adjusting, replacing, moving and programming,
in any building, place or premise in the Borough of Kinnelon, any
alarm equipment or device to summon the Police Department, Fire Department
or other municipal agency.
PERMITTEE
Any person who owns an alarm device, equipment or alarm system
who has obtained a permit according to the provisions of this chapter.
PERSON
Any individual, firm, partnership, association, corporation,
company or organization of any kind in lion or control of any building,
structure or facility wherein an alarm device or system is maintained.
No permit shall be granted except upon the following
terms and conditions:
A. The applicant shall furnish and complete all information
required relating to the application and the alarm device, equipment
or alarm system to be installed or connected and data relating to
prevention of false alarms and testing procedures.
B. The applicant shall maintain the equipment in good
condition and repair.
C. No person other than the applicant and his agent and
employees shall exercise the privileges under the permit.
D. No permit shall be transferred or assigned in any
manner.
E. The permit is accepted upon the express condition
that the permittee shall indemnify and hold harmless the Borough of
Kinnelon and its agents or employees from any and all damages arising
out of the activities of the permittee or its alarm contractor.
F. The applicant or permittee, upon acceptance of such
permit, thereby agrees to hold and save harmless the Borough of Kinnelon
and its agents and employees from any and all liabilities whatsoever
in connection with any such alarm, equipment, device or system or
the operation and maintenance of the same, which shall be the sole
responsibility of the person having had the same installed or connected.
G. Each separate building, store, premises, place or
location shall require a separate permit.
Any permit issued under the provisions of this
chapter may be suspended or revoked by the Construction Official for
any violation of or failure to comply with the provisions of this
chapter or any rule or regulation promulgated by the Construction
Official and approved by the Mayor and Council, including the following:
A. The permittee or his agent or employee willfully failed
to and did not comply with a request by the Construction Official
or a member of the Kinnelon Police Department to proceed immediately
to the location of the permittee's alarm and render necessary services.
B. The permittee or his agents or employees knowingly
installed or maintained a faulty alarm system. An inordinate number
of false alarms shall be prima facie evidence that such alarm device
is knowingly a faulty device.
C. The permittee has breached the terms and conditions
of the permit. No permit shall be revoked or suspended without giving
the permittee 30 days' notice, in writing, of such action and an opportunity
to show cause before the Construction Official why such action should
not be taken. Any person aggrieved by the action or determination
of the Construction Official in the denial of a permit or in the suspension
or revocation of any permit provided for in this chapter may appeal
to the Mayor and Council of the Borough of Kinnelon.
Any unauthorized equipment, device or alarm
system may he disconnected by the Construction Official or his designated
representative for noncompliance with this chapter, and any person
installing or maintaining unauthorized equipment shall he prosecuted
for violation of this chapter, and each and every day said equipment
is in operation shall be considered a separate violation. Any permittee
shall, by acceptance of the permit, be deemed to have consented to
inspection of the premises on which said alarm equipment device or
system is installed at reasonable hours by the Construction Official
or his designated representative.
[Amended 7-21-1988 by Ord. No. 12-88; 6-21-1990 by Ord. No. 4-90]
Any person, firm or corporation violating this
chapter shall be subject, upon conviction, to one or more of the following
at the discretion of the court: a fine not to exceed $1,000 or imprisonment
in the county jail for a term not to exceed 90 days or community service
not to exceed 90 days.