The power to license and regulate alarm systems is part
of the general police powers granted by N.J.S.A. 40:48-1,2.
The purpose of this chapter is to provide standards and regulations
for various types of intrusion, burglar, fire and other emergency
alarm devices, whether by direct line, radio, telephone or other means,
actuating a device at the police headquarters of the Borough of Carlstadt
and requiring response thereto by the police department, fire department
or other municipal agencies.
The provisions of this chapter shall apply to any person who
operates, maintains or owns any alarm device or local alarm designed
to summon the police department, fire department or other Carlstadt
municipal agencies to any location in response to any type of alarm
signal. The terms of this chapter shall in no way prohibit alarm companies
from providing service by private source to other offices within or
without the borough so long as such system is not connected to the
borough alarm console, except, however, that any person having a premises
protected by an alarm device shall still be responsible for the registration
thereof in accordance with section 9-4 of this chapter.
The console or control panel of devices giving a visual or
audio response, or both, and located within the confines of the police
department.
Any type of alarm system actuating equipment in the alarm
console providing warning of intrusion, fire, smoke, flood or other
peril.
Any alarm device or combination of devices installed for
one or more buildings at a location other than the alarm console.
A member of the police department.
That type of device using telephone lines transmitting an
alarm directly through the police switchboard.
Any alarm actuated by inadvertence, negligence or act, unintentional
or otherwise, of someone other than an intruder and shall include
as well alarms caused by malfunctioning of the alarm device or other
relevant equipment, but shall not include alarms created by malfunction
of the alarm console.
Any alarm or device which, when actuated, produces a signal
not connected to the alarm console, such as store or home burglar
alarms actuating bell devices.
Any person owning an alarm device or a local alarm within
the scope of this chapter.
Any person who owns, operates or intends to install a police
alarm device, dial alarm or a local alarm shall register such system
or device, in writing, with the chief of police. Such registration
shall contain, at the least, the location of the device, the name
of the installer of the device, the type of device, provisions relating
to false alarms and testing procedures, a list of persons to be contacted
in the event of an alarm, and such other information as may be required
by the chief of police.
9-5.2.Â
False Alarms. In the case of a false alarm from any fire and/or burglar
alarm system, any person having knowledge thereof shall immediately
notify the police department in a manner to be prescribed by rules
and regulations. In addition, in the case of such false alarms the
chief of police shall cause an investigation to be made and keep a
record of such alarms on file.
When it is determined by the Police Department that three false
alarms have occurred in any given calendar year, a warning shall be
issued by the Police Department to the owner, user or maintainer of
the alarm system, notifying him/her that, in the event of a fourth
false alarm in the same calendar year, a summons shall be issued citing
a violation under this section.
a.Â
Any
person who pleads guilty to a violation or who after trial in the
Municipal Court is found guilty for violation of a false alarm after
the third occurrence in the same calendar year, the following penalties
shall be imposed:
1.Â
For the fourth and fifth false alarm occurrence in the same calendar,
the fine shall be $50 for each such violation.
2.Â
For the sixth to 10th occurrence in the same calendar year, the fine
shall be $100 for each such violation.
3.Â
For the 11th to 20th occurrence in the same calendar year, the fine
shall be $250 for each such violation.
4.Â
For the 21st occurrence and any subsequent occurrence thereafter
in the same calendar year, the fine shall be $500 for each such violation
with a mandatory court appearance required.
9-5.3.Â
Unauthorized Equipment. Any unauthorized equipment may be disconnected
by the Chief of Police or his/her designated representative for noncompliance
with this chapter. Any person installing or maintaining unauthorized
equipment shall be prosecuted for violation of this chapter and each
and every day such equipment is in operation shall be considered a
separate violation. Any permittee, by acceptance of the permit, shall
be deemed as having consented to inspection by the Chief of Police
or his/her designated representative at reasonable hours of the premises
on which such alarm devices are installed.
Dial alarm devices shall be permitted only under the following
conditions.
a.Â
All
owners of dial alarms shall register same in the manner set forth
in Section 9-4.
b.Â
No
dial alarm devices shall be finally registered until a test alarm
has been made by the owner in conjunction with the Chief of Police
or his/her representatives.
c.Â
No
dial alarm devices shall be permitted unless of a type approved by
the Chief of Police in accordance with the rules promulgated under
Section 9-7. Any such equipment must have the approval of the New
Jersey Bell Telephone Company or its successor.
d.Â
No
dial alarm shall be coded to dial the number of the police switchboard.
e.Â
Any
dial alarm device shall be coded to also notify a relative, neighbor
or other third party, who will be identified in the registration of
such equipment.
f.Â
All
dial alarm devices shall be capable of disconnect to enable the owner
to call the police switchboard to indicate that a false alarm has
occurred.
g.Â
For
dial alarm devices the owners shall pay to the Borough an annual fee
as set forth in Subsection 4-3.1 of this Revision to cover the cost
of registration.
h.Â
Owners of dial alarm devices shall be governed by the false alarm procedures and penalties set forth in Subsection 9-5.2.
i.Â
Any
person having a dial alarm device which dials the general police number
upon discovery thereof shall receive notice, in writing from the Chief
of Police, requiring the owner to comply with the terms of this section.
If the owner fails to comply within 30 days of the receipt of such
notice, (s)he shall then be liable to pay to the Borough a penalty
of $50.
j.Â
The
sensory mechanism of such devices shall be adjusted so as to suppress
false indications and not to be actuated by impulses due to pressure
changes in water pipes, short flashes of light, wind, noises, rattling
or vibration of doors or windows or other forces unrelated to general
alarms.
k.Â
All
components of such equipment must be maintained by the owner in good
repair. When evidence exists that there has been failure to comply
with the operational requirements of this chapter, the Chief of Police
is authorized to demand that such device be disconnected until such
time as compliance with current requirements is reestablished.
Local alarms shall be registered in accordance with Section
9-4. In addition thereto, those persons having local alarms shall
be required to leave with the Police Department the name of a person
who can be reached in case of malfunction of the equipment in order
that the device can be temporarily disconnected. In the event of a
malfunction of the equipment and no person can be located to secure
the device, then the owner shall be liable to pay a penalty of $25.
In addition, if the aforesaid police have to respond to a false alarm,
the false alarm penalty prescribed in Subsection 9-5.2 shall also
apply.
The chief of police, from time to time, may promulgate rules
and regulations supplementing this chapter in order to provide for
record keeping and efficient management of the system, provided, however,
that the mayor and council must first approve such rules or any changes
thereto.
An annual fee shall be payable to the Borough, in advance, on January 1 of each year for the period of January 1 to December 31 of each year, or portion thereof, for each burglar and fire alarm equipment unit installed and maintained in any structure or building in the Borough in accordance with the fees set forth in Subsection 4-3.1.
9-10.1.Â
Fine for Nonpayment of Annual Fee. Any and all signals or alarms
transmitted to the Borough police or fire department, directly or
indirectly, for the purpose of obtaining a response thereto for any
burglar and or fire alarm equipment for which the annual fee has not
been paid will result in a $50 fine for the owner of the system and
a requirement to pay the annual fee set forth in Subsection 4-3.1
for the year in which the signal or alarm was transmitted.
9-10.2.Â
All Other Penalties. Any person found guilty for violation of the
terms of this chapter for which no other penalty is provided, shall
be subject to a fine of not more than $200 or imprisonment for a period
not exceed 90 days, or both.
