[HISTORY: Adopted by the Township Committee
of the Township of South Hackensack 5-7-1981. Amendments noted where
applicable.]
The following terms shall have the following
meanings as used herein:
The combination of sensory apparatus and related hardware,
excluding direct telephone alarms, which are hereby prohibited, which,
when activated by the appropriate stimulus, produces a signal, making
known the existence of an emergency situation and requiring immediate
investigation and response by law enforcement agencies.
[Amended 5-3-1984]
The activation of an alarm system through mechanical failure,
malfunction, improper installation or the negligence of the owner
or lessee of such alarm system or his family, employees or agents.
"False alarm" shall not include alarms caused by hurricanes, tornadoes,
earthquakes or other acts of God.
The South Hackensack Chief of Police.
The South Hackensack Police Department.
In the Township of South Hackensack.
[Amended 12-19-1996 by Ord. No. 96-14]
After a maximum of two false alarms in any calendar month, the owner or lessee of any alarm system shall be assessed a fee as provided in Chapter 108, Fees, upon the occurrence of the third false alarm and each subsequent false alarm during such calendar month. Such fee shall be paid to the Township, provided that the Police Department or Police Chief has given written notification of its determination that a false alarm had occurred to the owner or lessee of such device within 30 days of each of the previous three instances where a false alarm had occurred.
The Police Chief shall cause a written notice
to be mailed to the owner or lessee of the alarm system within 30
days of the fourth and each additional false alarm setting forth the
fee due and payable under this chapter.
Police officers responding to all false alarms
shall file a written report indicating all pertinent information pertaining
thereto and a finding as to whether such false alarm was caused by
human carelessness, mechanical failure or by any other cause.
If a determination is made by the Police Department
that the false alarm was caused by a malfunction or mechanical failure
of the equipment as opposed to human carelessness or other cause,
written notice of such determination shall be given to the owner or
lessee of the alarm system within 30 days thereof, who shall cause
the same to be repaired promptly thereafter.
[Amended 11-10-2021 by Ord. No. 2021-11]
If a determination is made by the Fire Chief,
Fire Sub-Code Official, Construction Official or Chief of Police that
the fire alarm system at any residential or commercial property is
triggering false alarms due to mechanical failures or improper installation
and/or design as opposed to human carelessness or other cause said
official may notify the property owner of such determination and demand
that the property owner provide evidence of repair and/or redesign
within 30 days sufficient to ensure that said system functions properly
for its designed purpose. In the event that any property has more
than five such alarms within a calendar year the aforesaid officials
shall provide the said notice. In the event that the property owner
fails to comply within the allotted time frame to the satisfaction
of the authorized officials they shall then provide notice to the
South Hackensack Construction Official who shall have authority to
revoke said property owner's certificate of occupancy and/or
zoning certificate of compliance on the basis that a life safety hazard
is posed by continued malfunctions.
Any owner or lessee may present evidence that
a false alarm was in fact not caused by human carelessness or negligence
or mechanical failure or malfunction, and the Police Chief may act
upon such evidence and determine that such was not in fact a false
alarm but was caused by hurricane, tornado or other violent act of
God.
All public buildings, including but not limited
to those maintained and/or owned by the South Hackensack Board of
Education, are specifically exempted from the provisions contained
above.
[Added 12-19-1996 by Ord. No. 96-14;
amended 2-14-2008 by Ord. No. 2008-02]
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be subject
to a fine not exceeding $2,000, imprisonment for a term not exceeding
90 days, a period of community service not exceeding 90 days, or any
combination thereof.
