[HISTORY: Adopted by the Township Committee
of the Township of Union 7-9-1985 by Ord. No. 3800; amended in its entirety 10-9-1990 by Ord. No.
4104 (Ch. 156 of the 2004 Code). Subsequent amendments
noted where applicable.]
[Amended 10-26-2004 by Ord. No. 4842]
The purpose of this chapter is to provide standards
and regulations for various types of fire and burglar and other emergency
alarm devices, whether by direct line, radio, telephone or other means,
and requiring a response thereto by the Police Department of the Township
of Union.
[Amended 10-26-2004 by Ord. No. 4842]
The provisions of this chapter shall apply to any person, firm or corporation that operates, maintains, installs, repairs or owns any alarm device or local alarm designed to summon the Union Police Department to any location in response to any type of alarm signal. The terms of this chapter shall in no way prohibit alarm companies, persons, firms and/or corporations from providing service by private source to other dwellings or buildings within the Township of Union, so long as such activity is not connected to the alarm console at the Township of Union Public Safety Answering Point; except, however, that any person, firm or corporation having a premises protected by an alarm device shall still be responsible for the registration thereof in accordance with § 195-6 hereof.
As used in this chapter, the following terms
shall have the meanings indicated:
The console or control panel or devices giving a visual or
audio response, or both, and localized within the confines of the
Public Safety Answering Point of the Township of Union.
Any alarm device providing a signal to the Public Safety
Answering Point by any means, providing warning or intrusion, fire,
smoke, flood or other peril, or any other device, audible or otherwise,
resulting in public safety response.
Any alarm device or combination of devices installed for
one or more buildings at a location other than the alarm console.
An office to which remote alarm and supervisory signaling
devices are connected, where operators supervise the circuits, where
guards are maintained continuously to investigate signals.
The signal-receiving, recording or retransmitting equipment
owned and maintained by the central station.
A system in which the operation of electrical protection
circuits and devices are signaled automatically to, recorded in, maintained
by and supervised from a central station having trained operators
and guards in attendance at all times.
The Chief of Police for the Township of Union or his designated
representative.
[Amended 3-14-1995 by Ord. No. 4376]
That type of device using telephone lines or radio alarms
or other means transmitting to the Township of Union Public Safety
Answering Point.
The activation of an alarm system by inadvertence, negligence,
malfunction or unintentional act of someone, but does not include
alarms caused by hurricanes, storms or other climatic conditions,
and shall also include the deliberate activation of an alarm system
in order to test the alarm without prior notification to the Public
Safety Answering Point of the alarm test.
The person obtaining the license to maintain the alarm console
as hereinafter set forth.
Any alarm or device which, when actuated, produces a signal
not connected to the alarm console or a central station, such as an
actuating bell device or any other type of audible or visual identification.
Any person owning, operation and/or maintaining an alarm
device or a local alarm within the scope of this chapter.
Includes any natural person, partnership, corporation or
association.
Includes police, fire or emergency medical responders.
A.
There is established an alarm console license which shall be granted as set forth in § 195-5 of this chapter. Any such licensee shall have exclusive use and control of the alarm console, except for use by the public safety of the Township of Union, and such licensee will be responsible, at no cost to the Township of Union, for the establishment, construction, installation, maintenance and management thereafter of said console, containing equipment and being of a design recommended or approved by the Chief of Police, and for the care, maintenance and management thereafter of said console. Said licensee shall locate said console, and relocate said console if necessary, under the supervision of the designated representative at no cost to the Township of Union for any such license granted hereunder. The licensee will assume all liability and agree to indemnify and save harmless the Township of Union, its agents, public officials and the Township of Union Police Department and its officers and members for any acts in conjunction therewith the operation of said alarm console. The licensee shall furnish annually to the Township Clerk a noncancelable insurance certificate indicating complete liability coverage in an amount no less than $300,000 for each person, $500,000 for each accident and $1,000,000 property damage for each accident.
[Amended 3-14-1995 by Ord. No. 4376; 10-26-2004 by Ord. No. 4842]
B.
Any connection
to the alarm console shall be of a type inspected and approved by
the designated representative, and any person aggrieved by said decision
may appeal said decision, in writing, within 10 days to the Township
Committee of the Township of Union, which shall resolve the appeal
within a reasonable time, after hearing. The decision of the Township
Committee shall be final.
C.
The licensee shall
install initially an annunciator and/or display console and remotes
having no less than one-thousand-subscriber capability, available
for present systems and future connections, which console shall be
approved by the Underwriters' Laboratories, Inc. The licensee should
be Underwriters' Laboratories, Inc. listed. Such installation described
above shall be at no cost to the Township of Union, its officers or
members.
D.
The licensee for
the alarm console shall be permitted to charge subscribers an installation
fee and a monthly retainer or maintenance fee. No fee shall be charged
to the Township of Union, the Board of Education or any of its subsidiaries
for monthly charges or console connection charges for any existing
or future systems in public buildings owned and/or operated by the
Township of Union, its agents or subsidiaries.
E.
Except as provided in § 195-7 of this chapter, any license issued hereunder shall be for a term of five years from January 1 following the adoption of this chapter; such licensee shall post with the Township Clerk a performance bond in the amount of $10,000, noncancelable without notification to the Township Committee of the Township of Union, guaranteeing performance for the full term of the license and ensuring maintenance of said console and alarm system during said period when such license is in force.
F.
The licensee shall
pay to the Township of Union, in consideration for the exclusive franchise
given, a franchise fee equaling 15% of the gross revenues that the
licensee derives from the charges paid by subscribers for the monthly
retainer and maintenance fee set forth above. Said franchise fee shall
be paid to the Township of Union within 30 days after January 1 of
every year, based on the revenues collected in the prior 12 months.
G.
Any indemnification
under this chapter shall be such indemnification as is permitted by
appropriate law and regulations. The provisions of this section shall
not apply to residential alarm systems.
[Added 3-26-1991 by Ord. No. 4139]
A.
Prequalification
persons desiring to bid for said license shall make application to
the Chief of Police and Township Administrator, which application
shall disclose whatever information may be required by the Township
of Union concerning the ability of the proposed applicant to comply
with the requirements of this chapter and shall indicate, in any event,
that said licensee has satisfactory financial and personal references
indicating his, her or its ability to comply with the terms of this
chapter; that said licensee has an office with adequate personnel,
available on a twenty-four-hour basis, to service said equipment;
and that such office shall be located within 10 miles of the center
of the Township of Union.
[Amended 3-14-1995 by Ord. No. 4376]
B.
The governing
body shall designate the time and place for receiving sealed bids,
as set forth above, which bid shall indicate the bond and other requirements
of this chapter and the minimum installation and monthly charges.
Upon the return of the sealed bids, the governing body may award said
license to the person whose bid, taken as a whole, is the most advantageous
to the subscribers to the system from a cost standpoint, and, in conjunction
therewith, the governing body reserves the right to reject any and
all bids.
C.
Renewals of said
license or award of new licenses, should any license be terminated
in accordance with sections of this chapter, shall be accomplished
by following the procedures outlined herein.
A.
Any person who
desires to install an alarm device or local alarm within the Township
of Union or who currently owns, operates or maintains an alarm device
or a local alarm shall make application for a permit to install or
continue said alarm, in writing, to the designated representative
of the Township of Union Police Department. The application shall
be in such form as the designated representative shall prescribe and
shall set forth all information required by the designated representative
to enable him to carry out effectively his public safety responsibilities,
but shall contain at least the location of the device, the name of
the installer of said 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 other information as may be required
by the designated representative of the Township of Union Police Department.
[Amended 10-26-2004 by Ord. No. 4842]
B.
The subscriber
or central station or installer of each alarm system shall register
each alarm system with the Police Department.
[Amended 10-26-2004 by Ord. No. 4842]
C.
A registration
fee of $10 shall accompany each application submitted, except no registration
fee shall be charged to any owner of an alarm currently in existence
at the time of the adoption of this chapter, if such registration
takes place within 90 days of said adoption. There shall be no registration
fee for any application for an alarm for a nonprofit organization
or for a house of worship or a residential alarm or an alarm on municipal
property under this section of this chapter.
[Amended 3-26-1991 by Ord. No. 4139; 5-11-1993 by Ord. No.
4243]
D.
The permittee
of each alarm system shall pay to the Township of Union an annual
registration fee of $10 to cover the cost of maintaining, testing
and to amortize the cost of necessary equipment for the proper functioning
of this alarm equipment. There shall be no annual registration fee
for an alarm for a nonprofit organization or for a house of worship
or a residential alarm or an alarm on municipal property under this
section of this chapter.
[Amended 3-26-1991 by Ord. No. 4139; 5-11-1993 by Ord. No.
4243]
E.
Any permit granted
hereunder shall be granted upon the express condition that the permittee
shall indemnify and hold the Township of Union harmless from and on
account of any and all damages arising out of the activities of the
permittee, its alarm contractor or the alarm console licensee of the
Township of Union.
F.
Every permittee
shall, by acceptance of the permit, be deemed as having consented
to the inspection of the alarm system, at reasonable hours, by the
designated representative and shall accept the responsibility for
the proper operation of the alarm system up to and including the line
connection, if any, to the Public Safety Answering Point.
G.
Any persons installing
or maintaining unauthorized equipment shall be prosecuted for violation
of this chapter, and each and every day the equipment is in operation
shall be considered a separate violation.
H.
Any person who
currently has an alarm device in existence at the time of the passage
of this chapter shall have 60 days from the effective date of this
chapter to register said alarm.
[Amended 3-26-1991 by Ord. No. 4139]
I.
Any licensee and/or
permittee for an alarm shall provide for a representative to be on
call for emergency repair service. In each case wherein the alarm
is connected directly to the Public Safety Answering Point, the service
shall be provided within 24 hours of notification by the Public Safety
Answering Point of any malfunction of any equipment.
[Amended 3-14-1995 by Ord. No. 4376]
The Township of Union shall be under no obligation
to any permittee, subscriber, licensee or alarm console licensee hereunder,
the alarm console and allied equipment being maintained at will and
subject to termination at any time by cancellation of the system,
by resolution duly adopted by the governing body of the Township of
Union, and any individual permit issued hereunder may be revoked at
any time by the recommendation of the Chief of Police, provided that
30 days' notice is given, in writing, to said permittee by certified
mail.
A.
Any licensee for
the alarm console and any permittee utilizing the services of any
other alarm company connected to said console shall provide for a
representative to be on call at all times, and such service shall
be provided immediately, when necessary, after notification by the
Police Department of any malfunction of any equipment. No permittee
utilizing the services of any other alarm company shall be denied
access to the alarm console because of the use of another alarm company
and shall not be discriminated against respecting any fees charged
by the licensee.
[Amended 10-26-2004 by Ord. No. 4842]
B.
In the case of
a false alarm, any person having knowledge thereof shall immediately
notify the Public Safety Answering Point in a manner to be prescribed
by rules and regulations in accordance with this chapter. In addition,
in the case of a false alarm, the Chief of Police shall cause an investigation
to be made and keep a record of said alarms on file. Where the investigation
by the Chief of Police demonstrates continued abuse of the privilege
of connection to the alarm console and/or a disregard of the permittee
for taking remedial steps to avoid false alarms and/or the failure
of the permittee to pay any fine or administrative charge, the Chief
of Police reserves the right to require disconnection from the alarm
console for a limited or permanent time or require the disconnection
of any dial alarm device, provided that no such permit shall be revoked
or suspended without giving the permittee the opportunity to show
cause, before the Chief of Police, why such action should not be taken.
An alarm owner shall not be charged with a false alarm, provided that
such owner makes immediate proper notification in accordance with
rules and regulations promulgated by the Chief of Police.
[Amended 3-14-1995 by Ord. No. 4376]
C.
Any unauthorized
equipment may be disconnected by the Chief of Police or his designated
representative for noncompliance with this chapter, and any person
installing or maintaining unauthorized equipment shall be prosecuted
for violation of this chapter, and each and every day that said equipment
is in operation shall be considered a separate violation. Any permittee
shall, by acceptance of the permit, be deemed as having consented
to inspection of the premises on which said alarm devices are installed,
at reasonable hours, by the Chief of Police or his designated representative.
[Amended 3-14-1995 by Ord. No. 4376]
D.
Any person testing
an alarm system covered by the provisions of this chapter shall notify
the Public Safety Answering Point immediately prior to and after the
testing is completed. Failure to do so shall constitute a violation
herein and subject an alarm owner or maintainer to such penalties
as set forth in this chapter.
E.
Proper maintenance
of private alarm systems or local alarms. Every person who installs,
maintains or uses a private alarm system or warning device to serve
an improved property within the Township shall maintain it in good
repair and proper working condition, shall meet the standards which
may from time to time be promulgated by the Chief of Police to prevent
faulty systems or devices and shall promptly correct or disconnect
any faulty system or device upon notice from the Chief of Police that
the system or device is sounding an inordinate number of false alarms.
[Amended 3-14-1995 by Ord. No. 4376]
A.
Dialer alarms.
(1)
Dialer prohibition
against new tape dialer systems. No application for initial permits
shall be filed or accepted for any tape dialer system. This prohibition
against new tape dialer systems shall have no effect upon the renewal
of a permit for any such system as to which an initial permit has
previously been issued to the same person.
(2)
No dial alarm
shall be permitted unless it shall have first been registered and
approved by the Chief of Police after approval by the telephone company.
All dial alarms shall be coded to dial a separate special number to
be provided by the Chief of Police. All such alarms shall be capable
of being disconnected to allow a call to the Public Safety Answering
Point in the event of a false alarm. If any person has any dial alarm
in existence at the time of the effective date of this chapter, it
shall be reprogrammed within 60 days to comply with this chapter.
[Amended 3-14-1995 by Ord. No. 4376]
(3)
If any dial
alarm hereafter shall be found to be dialing the Public Safety general
number, rather than the special number being provided, the Chief of
Police shall send the person in whose name the telephone is listed
a written notice requiring compliance with this chapter. If the occupant
or telephone subscriber fails to comply within 60 days after service
of such notice, said failure shall constitute a violation of this
chapter, and the person shall be liable to the penalties set forth
in this chapter. Each and every day for which this notice has not
been complied with shall constitute a separate offense.
[Amended 3-14-1995 by Ord. No. 4376]
(4)
The contents
of a dial alarm message shall be clean and intelligible and in the
format approved by the Chief of Police. No such message shall be transmitted
more than three times as a result of a single stimulus of the mechanism.
Messages shall not exceed 15 seconds, and the time gap between each
shall not exceed three minutes.
[Amended 3-14-1995 by Ord. No. 4376]
B.
Local alarms.
Every private alarm system or local alarm which has a sounding device
shall be equipped with a cutoff mechanism which will terminate the
sound after 15 minutes.
A.
Testing of any
alarm system must be conducted between 9:00 a.m. and 4:00 p.m.
B.
Before a test
of any alarm, the Township of Union Public Safety Answering Point
must be notified that the alarm will be activated. Verification of
receipt of signal will be given when a second call is made to notify
the Public Safety Answering Point that the testing is completed.
C.
Local alarms
should be tested by owners during the same hours, and owners should
allow audible signals to sound for only a short period of time.
Whenever, under the provisions of this chapter,
the designated representative is empowered to make a decision with
respect to the installation, operation and maintenance of any alarm
equipment or with respect to the issuance or denial of any application
relating thereto or in the imposition of any administrative charge,
any person aggrieved by said decision may, within 10 days following
said decision, file a written appeal therefrom with the Township Administrator
of the Township of Union, who shall conduct a hearing and affirm,
modify or reverse the decision appealed from. The decision of the
Township Administrator shall be final.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or corporation found guilty
by the Judge of the Municipal Court of the Township of Union for violation
of the terms of this chapter shall be subject to a fine of not more
than $2,000 or imprisonment for a period not exceeding 90 days or
a period of community service for not more than 90 days, or any combination
thereof.
A.
No false alarm
shall occur when an alarm permittee makes a telephone call indicating
that a test is in progress and such signal is misinterpreted by the
Public Safety Answering Point.
B.
For continuing
false alarms, within a calendar year, the following administrative
fees will prevail:
[Amended 3-14-1995 by Ord. No. 4376]
(1)
For the first,
second and third false alarms, no fee will be assessed, but the permittee
shall be issued a warning by the Chief of Police or a designated representative.
(2)
For the fourth
and fifth false alarms, a penalty of $25 shall be charged to the permittee
of such alarm system.
(3)
For a sixth
false alarm, the fee shall increase to $75; and for the seventh or
subsequent false alarms, the fee shall increase to $100, to be charged
to the permittee of the alarm system.
C.
Any permittee
of such alarm system may appeal any administrative fee to the Chief
of Police or his designee.
[Added 3-14-1995 by Ord. No. 4376]
The governing body reserves the right to revoke
any issued permit when the permittee continues to operate any alarm
system that continues to generate false alarms.
[Amended 10-26-2004 by Ord. No. 4842]
This chapter shall be enforced by the Township
of Union Police Department.
