[HISTORY: Adopted by the Mayor and Council
of the Borough of Middlesex 10-8-1996 by Ord. No. 1380. Amendments
noted where applicable.]
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 registrations, to establish
fines and to create an administrative apparatus.
As used in this chapter, the following terms
shall have the meanings indicated:
Operated by a person for a profit who engages in the activity
of altering, installing, leasing, maintaining, repairing, selling,
servicing, monitoring or responding to a fire, burglar or holdup alarm
system of which causes any of these activities to take place. Notwithstanding
anything to the contrary in this chapter, the term "alarm business"
shall not include a developer or homeowner who sells an alarm system
as part of a sale or transfer of residential dwelling unit.
An assembly of equipment and devices (or a single device
such as a solid state unit which plugs directly into a one-hundred-ten-volt
AC line) arranged to signal the presence of a hazard requiring urgent
attention and to which police or fire fighters are expected to respond.
Carbon monoxide detectors are specifically excluded from the term
"alarm system."
Any person, firm, partnership, association, corporation,
company or organization of any kind in possession or control of any
building, structure or facility wherein an alarm device or system
is maintained.
An alarm signal eliciting a response by the police or fire
fighters when a situation requiring a response by police or fire fighters
does not in fact exist.
A.
Registration shall be required for each alarm system
within the Borough of Middlesex on the effective date of this chapter.
Users of systems in place on that date shall complete the registration
form within 30 days after this chapter takes effect. The provision
of this chapter shall not apply to any alarm system installed on property
occupied by any Borough, county, state or federal government agency
or office.
B.
Any person utilizing an alarm system shall complete
and file with the Chief of Police a registration form, which may be
obtained from the Middlesex Borough Police Department, correctly containing
the following information:
(1)
Full name of the applicant and address, including
an address description which would allow the appropriate municipal
department to respond to the alarm.
(2)
Common name of the alarm premises.
(3)
The name and address of person installing, maintaining
and/or owning the system.
(4)
A description of system operation, including, not
by way of limitation, activation points of the system and the mechanism
or mechanisms by which the system becomes activated.
(5)
The name and address of the person or business entity
monitoring and initially responding to an activation of the alarm
system and telephone numbers for such person or business entity.
(6)
The names and addresses and telephone numbers of three
persons to be contacted in case of alarm and/or malfunction.
(7)
Any additional relevant information specifically requested
by the Police Chief or Fire Official.
C.
A copy of each registration form, after completion,
shall be on file in the Police Department. Each alarm user will receive
a copy of this chapter at registration.
D.
A registration fee of $25 shall be due and payable
to the Borough of Middlesex for each dwelling unit at the time the
registration form is completed. Fifty dollars shall be due and payable
for all other applicants other than dwelling unit applications. If
two separate systems or a single system with two separate functions
is involved, then separate fees shall be required for each system
or function, but in no instance shall this registration fee exceed
$50.
[Amended 10-26-2010 by Ord. No. 1785[1]]
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2011.
E.
If there has occurred any material change in the information
previously submitted with respect to any alarm system by the alarm
user, it shall be the duty of the alarm user, within 10 days of such
material change, to file supplemental or revised registration containing
accurate current information.
A.
All alarm systems in commercial buildings shall be
equipped with batteries in case of power failure.
B.
Every burglar alarm must be provided with a device
which will automatically reset or shut off the alarm after 15 minutes
of activation.
C.
Every burglar alarm system in a private dwelling shall
be equipped with a time delay of at least 20 seconds in the event
that the system were to he accidentally activated.
D.
If the alarm system is tied into, monitored, responded
and/or serviced by a central station or answering system, upon activation
of said alarm system, the central station or answering system shall
verify the validity of the alarm prior to notifying the Police Department
of same unless the alarm pertains to fire in which eventuality the
Police Department shall be notified immediately without verification.
E.
No police, fire or other public department or official
shall be responsible in any way for the resetting or maintenance of
any alarm system.
F.
A new homeowner, occupant or user possessing or using
an alarm system shall be responsible for notifying and recompleting
the application form relative to the system with the Chief of Police
within 30 days of his, her or its purchase and/or transfer of title
of the property.
G.
The acceptance of any registration form by the municipality
does not constitute the municipality's acceptance or approval of the
alarm system involved and shall in no manner place upon the Police
Department, Fire Department, Borough of Middlesex or any other agency
of the municipality any additional liabilities other than those statutorily
incurred.
H.
The provisions of this chapter shall not apply to
any alarm system installed on property occupied by any Borough, county,
state or federal government agency or office.
I.
It shall be the responsibility of each and every alarm
user to complete the registration form in detail, and it shall be
the alarm user's responsibility to obtain the necessary information
in order to satisfactorily provide the information required.
A.
No person shall install an alarm system or use or possess an operative alarm system without compliance with § 117-3 of this chapter.
B.
No person owning, using or possessing an alarm system
shall cause or permit the giving of repeated false alarms, whether
intentional, accidental or otherwise.
C.
No person shall install, cause to be installed or
permit to be installed any alarm device by whatever name known which
automatically selects a telephone line for the purpose of playing
a recorded message to report any emergency, on any telephone line
dedicated to the Middlesex Borough Police or Fire Department for voice
communication, except those devices which are already in operation
at the time of enactment of this chapter.
Under the provisions of N.J.A.C. 5:18 of Uniform
Fire Code,[1] the Fire Official is required to cause an investigation
to be made of every reported fire alarm. In the case of false fire
alarms which summon the Fire Department, the Fire Official shall cause
an investigation to be made and shall keep a record of such false
alarms on file. Such record shall be prima facia evidence of the contents
thereof. In the case of false alarms which summon the Police Department,
the Police Chief shall cause an investigation to be made and shall
keep a record of such false alarms on file. Such record shall be prima
facia evidence of the contents thereof.
[1]
Editor's Note: For the Uniform Fire Code, see N.J.A.C. 5:70.
A.
To alarm users:
[Amended 10-26-2010 by Ord. No. 1785[1]]
(2)
Any alarm system which has between five and eight
false alarms within a calendar year is in violation of this chapter
and is subject to a fine of $50 for each such false alarm over four.
For each such false alarm over eight, the user shall be subject to
a fine of $100.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2011.
B.
Miscellaneous penalties.
(1)
For each of the first through third false alarms in
a calendar year, a verbal warning of the content of this chapter shall
be given to the alarm user.
(2)
For the fourth false alarm within a calendar year,
a written warning of the content of this chapter shall be given to
the alarm user.
(3)
Any individual intentionally, willfully or maliciously
destroying or injuring any of the posts, alarm boxes or other alarm
apparatus owned by the Borough of Middlesex or intentionally, willfully
or maliciously interfering with the operation of the same or any part
thereof or who hinders or impedes any of the operations intended to
be accomplished thereby or who intentionally causes or assists in
causing a false alarm of any emergency to be given in any manner shall,
upon conviction thereof, be subject to a fine not to exceed $500.
