[HISTORY: Adopted by the Township Committee
of the Township of Readington as 12-17-1990 by Ord. No. 287-90. Amendments noted where applicable.]
[Amended 9-5-2023 by Ord. No. 20-2023]
The purpose of this chapter is to alleviate conditions which
lead to an unnecessary drain on the manpower, time, space, facilities
and finances of the Township of Readington and its Police Department
and Fire Department and to deterioration in the quality of services
to persons subscribing to alarm services. There have been a substantial
number of false alarms associated with alarm systems which have been
installed within the Township. The number of false alarms has resulted
in a situation which, if not remedied, will affect the general health,
safety and welfare of the community and inhibit the response of the
Police Department and Fire Department in a true emergency. The public
interest therefore requires the enactment of rules, regulations, standards
and procedures to regulate and control alarm systems installed within
the Township.
[Amended 9-5-2023 by Ord. No. 20-2023]
The provisions of this chapter shall apply to any person or
alarm business, other than the Township, who operates, maintains or
owns any alarm device producing a visual or audible sign of an emergency
and designed to summon the Police Department or Fire Department or
other 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 services by private source to other offices
within or without the Township; however, this chapter shall apply
to alarm companies providing services by private source to other companies
within or without the Township if the purpose of the furnishing of
such service is to summon the Police or Fire Department of Readington
Township to any location in response to any type of alarm signal.
As used in this chapter, the following terms
shall have the meanings indicated:
Any business operated by a person, partnership or corporation,
for profit, which engages in the activity of altering, installing,
leasing, maintaining, repairing, replacing, selling, servicing or
responding to a fire or burglar alarm system or which causes any of
these activities to take place.
Any type of alarm-activating equipment which provides warning
of intrusion, fire, smoke, burglary, flood or like peril.
The installation in one or more commercial or residential
buildings of one or more alarm devices for the express purpose of
getting visual and/or audible warnings of an emergency such as intrusion,
fire, smoke, burglary, flood or like peril.
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, including but not limited to owners, tenants, sublessees,
etc.
The Chief of Police of the Township of Readington Police
Department or his designated representative.
The designee of the Chief of Police or Fire Official who
performs a function required or permitted by this chapter under the
supervision of the Chief of Police or Fire Official.
Any type of alarm system utilizing telephone lines, transmitting
an alarm directly through to the police switchboard, answering service
or alarm company console providing warning of intrusion, fire or other
peril.
The primary phone number advertised to the public for requesting
emergency services.
Any alarm or signal of alarm actuated by inadvertence, negligence,
intentional or unintentional acts of a person, domestic animal and/or
household pet other than an intruder, and including alarms caused
by mechanical failure, malfunction or improper installation of the
alarm system and related equipment. It shall further include improper
adjustment and/or sensitivity or failure to suppress false indications
due to short flashes of light, wind, noises, rattling or vibrations
of doors or other forces. "False alarm" shall not include actuations
caused by power or phone line interruptions where such interruptions
have been reported to the Police Department or Fire Department.
[Amended 9-5-2023 by Ord. No. 20-2023]
Equipment which includes the following:
The Fire Official of the Township of Readington or his designated
representative. The Fire Official serves concurrently as Fire Subcode
Official.
The authorized township fire companies, individually and
collectively acting as the Readington Township Fire Department, providing
fire protection and suppression in the Township of Readington.
[Amended 9-5-2023 by Ord. No. 20-2023]
A device giving an audible alarm indicating smoke and/or
fire within the structure and not connected to an alarm system or
to any internal sounding device outside the structure.
The person who holds the license to install, operate and
maintain the alarm/alarm console pursuant to the provisions of this
chapter.
Any alarm system which, when activated, produces a signal
not connected to an alarm console or a communication switchboard,
including but not limited to business burglar alarms, actuating bell
or other sound-generating devices and/or light-emitting devices providing
warning of intrusion or other peril. The term "local alarm" shall
not include an alarm system solely connected to a registered motor
vehicle, nor shall the term include equipment designed to signal solely
within a building or series of buildings and which does not emit signals,
visible or audible, to persons outside such building or buildings,
i.e., independent smoke detector.
Any person who owns an alarm device who has obtained a permit
according to the provisions of this chapter.
Any natural person or individual or any firm, partnership,
association, limited partnership, sole proprietorship, corporation
or any other business entity.
[Amended 9-5-2023 by Ord. No. 20-2023]
A.
No person shall install, operate, connect or maintain or cause to
be installed, connected, operated or maintained any police, burglary,
fire, automatic emergency or other alarm equipment, device or system
for the purpose of transmitting a visual, audible or electronic signal
or alarm or reporting a signal or alarm to the attention of the Police
Department or Fire Department for the purposes of summoning the Police
Department, Fire Department or any other municipal agency or person
obtaining some response thereto without first having registered such
system in accordance with the provisions of this chapter. Registration
of the system occurs when all information contained on the registration
statement is deemed complete. The Police Department shall provide
a copy of all approved registration forms to the Township Fire Official.
B.
No person shall install, connect, operate or maintain or cause to
be installed, connected, operated or maintained any alarm system reporting
to any commercial central alarm receiving station which will result
in the central alarm receiving station requesting the Police Department
and/or Fire Department to respond to any location within the Township
of Readington in response to signals or transmissions from an intrusion
or fire alarm system without first having registered the system with
the Chief of Police as hereinafter provided.
A.
All persons required under this chapter to complete
a registration form shall make application to the Police Department
on the form provided therefor, which application shall be accompanied
by a processing fee of $25. Changes in equipment, information or re-registration
of new owners or users will require a fee of $25. Upon payment of
the fee and filing of the registration statement, two decals will
be issued to the registrant. These decals shall be placed in plain
view near the front/main entrance and the rear/secondary entrance
of the registrant's residence. Registration fees for present subscribers
to an existing alarm system in place on or before the effective date
of this chapter shall be waived.
B.
The application shall contain:
(1)
The name, address and telephone number of the applicant.
(2)
The name, address and telephone number of the owner,
occupant or user of the property upon which the alarm system is installed.
(3)
The location of the device, alarm equipment or system.
(4)
The name, address and telephone number of the installer.
(5)
The type of device, alarm equipment or system.
(6)
The list of names, addresses and telephone numbers
of persons to be contacted in the event of an alarm or an emergency
situation as determined by the Police Department and Fire Department
and other information which may be required by the Chief of Police.
[Amended 9-5-2023 by Ord. No. 20-2023]
(7)
The names, addresses and twenty-four-hour telephone
number of the person(s) or company maintaining the system.
(8)
The person(s) responsible to remit fees or assessed
fines under the provisions of this chapter.
(9)
The
Police Chief or designee shall provide copies of all registrations
to the Fire Official.
[Added 9-5-2023 by Ord. No. 20-2023]
C.
Registration shall not be transferred or assigned
in any manner.
D.
No further renewal or registration shall be required
unless and until there is a material change in the information previously
submitted with respect to any alarm system or a change in the ownership
or tenancy of the affected property. In such event, it shall be the
duty of the owner, tenant and/or user of the alarm system, within
10 days of such material change, to file a supplemental or revised
registration statement containing accurate and current information.
Failure to comply with this section shall be deemed a violation hereof
and shall subject the violator to the penalties contained herein.[1]
E.
The registration statement shall be accepted upon
the expressed condition that the registrant shall indemnify and hold
the Township of Readington or its agents or employees harmless from
and on account of any and all damages or liability arising out the
activities of the registrant or its alarm contractor related to the
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.
F.
Each separate building, store, premises, place or
location having an alarm system shall require a separate registration,
regardless of common ownership thereof.
G.
Excluded from the registration provisions of this
section shall be independent smoke detectors that do not emit an audible
or visible signal outside of the structure.
H.
Any alarm business and/or property owner having knowledge
of the sale of a/his residence or change of tenants of a/his leased
property, respectively, shall be responsible for notifying the Police
Department and Fire Department when the property is sold or the tenants
changed. The alarm business or property owner shall notify the Police
Department and Fire Department of the name of the new owner or tenant
whether or not the new tenant or new owner is continuing to have an
alarm device or system on the property.
[Amended 9-5-2023 by Ord. No. 20-2023]
I.
All information submitted in compliance with this
chapter shall be held in the strictest confidence and shall be deemed
a record exempt from public disclosure pursuant to New Jersey Statutes.
Any violation of confidentiality shall be deemed a violation of this
chapter.
A.
Each alarm system as defined herein and installed
after the effective date of this chapter shall utilize discrete circuitry
for multipurpose alarm systems to ensure appropriate emergency response.
B.
Any alarm system which requires for its operation
electricity supplied by a public utility may be equipped with a battery
rendering it operable in the event of a power outage if so desired
by the property owner. Such a battery backup shall be required for
any alarm system which will trigger itself automatically in the event
of a power outage.
C.
Every alarm system must be provided with a device
which will shut the alarm off after 30 minutes of activation.
D.
Every burglar alarm system shall be equipped with
a time delay of at least 15 seconds, which may include an audible
signal of the same length of time, said time delay to be designed
to prevent accidental activation of the system. The fifteen-second
audible signal, if utilized, shall be audible only within the structure
and not externally.
E.
No alarm system may be connected directly or indirectly
to the Township Police Department or Fire Department.
[Amended 9-5-2023 by Ord. No. 20-2023]
F.
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 dedicated to the Police Department
or Fire Department or its designee for the purpose of playing a recorded
message to report any emergency. All dial alarm systems shall be programmed
to dial Hunterdon County Communications at 908-782-0911.
[Amended 10-4-1999 by Ord. No. 20-99; 9-5-2023 by Ord. No. 20-2023]
G.
All dial alarms shall be capable of being disconnected
in the event of a false alarm.
H.
The Police Department, Fire Department or other public
departments or officials shall not be responsible in any way for the
resetting or maintenance of any alarm system.
[Amended 9-5-2023 by Ord. No. 20-2023]
I.
No alarm business or persons owning, using or possessing
an alarm system shall cause or permit the giving of repeated false
alarms, for test purposes or otherwise, whether intentional, accidental
or otherwise. Owners/operators of such alarms shall be governed by
the false alarm procedures and penalties set forth in this chapter.[1]
[1]
Editor's Note: Original Section 6, Subsection
10, regarding time limits for compliance, which immediately followed
this subsection, was deleted 10-4-1999 by Ord. No. 20-99.
J.
The contents of a dial alarm message shall be clear
and intelligible and in the format approved by the Chief of Police
or Fire Official. No such message shall be transmitted more than two
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 10 seconds.
K.
The sensory mechanism of dial alarms shall be adjusted
so as to suppress false indications and not be actuated by impulses
due to short flashes of light, wind, noises, rattling or vibration
of doors or other forces unrelated to general alarms.
L.
Permits for local alarm systems shall not be issued
to buildings which are not owner-occupied prior to receipt by the
Chief of Police of satisfactory proof that the occupant of the building
has been notified of the existence of such alarm system or of the
intent to install a local alarm system and the provisions of this
chapter.
M.
By installing an alarm system and registering the
same with the Township of Readington, each registrant agrees to identify
and hold harmless the Township of Readington, the Police Department
and the mutual aid volunteer Fire Department of Readington Township
and mutual aid companies, its agents, servants and employees from
and against any and all claims, suits, damages, costs, losses and
expenses and to release the Township of Readington, the Police Department
and the mutual aid volunteer Fire Department of Readington Township
and mutual aid companies, its agents, servants and employees from
any all liability or damages in any way resulting from or arising
out of or connected with the installation, operation or maintenance
of an alarm system or any act or omission connected therewith.
[Amended 9-5-2023 by Ord. No. 20-2023]
A.
Any registration of alarm equipment under the provisions
of this chapter may be suspended or revoked by the Chief of Police
or Fire Official or his designee for any violation of or failure to
comply with the provisions of this chapter, including the following:
(1)
The registrant, his agent or employee willfully failed
and/or did not comply with the request by the Police Department to
proceed immediately to the location of permittee's alarm to render
necessary services to disarm the same.
(2)
The registrant, his agents or employees knowingly
installed or maintained a faulty alarm device. An inordinate number
of false alarms within a short duration of time shall be prima facie
evidence that such alarm device is knowingly installed or maintained
in a faulty manner.
B.
No registration shall be revoked or suspended without
giving the registrant 15 days' notice in writing of such action and
an opportunity to show cause before the Chief of Police, Fire Official
or their designee why such action shall not be taken. Any person aggrieved
by the actions or determination of the Chief of Police, Fire Official
or their designee and a denial of a registration or the suspension
or revocation of any registration provided for in this chapter may
be appealed to the Township Committee of the Township of Readington
within five days of receiving such notice of the denial of the registration
or revocation of the registration by filing notice of appeal with
the Township Clerk. Any revocation or suspension of an alarm registration
by the Chief of Police, Fire Official or their designee shall not
prevent prosecution in Municipal Court for the violation of any provision
of this chapter.
[Amended 9-5-2023 by Ord. No. 20-2023]
Subject to the provisions of § 65-6 hereof, alarm devices which automatically use a pretaped or prerecorded verbal message or other type of message which alerts the Police Department or Fire Department of the Township of Readington that an emergency exists or that its services are needed through the use of these systems and which automatically dials any telephone number to obtain such services are hereby prohibited.
A.
All components of alarm systems, alarm devices and
local alarms shall be maintained by the owners or users thereof in
good condition and repair. When evidence exists that there has been
a failure by such owners or users to properly maintain an alarm device,
the Chief of Police or Fire Official or their designee is authorized
to demand that such devices be disconnected until such time as appropriate
repairs and/or modifications are made.
B.
When evidence exists that an alarm company, and not the owner or user, is responsible for the maintenance of an alarm system or an alarm device or that said alarm company has failed to properly maintain said system, device or alarm after reasonable requests to do so by the owner or user, such alarm company shall be subject to the provisions of § 65-10 herein.
C.
When evidence exists that an independent contractor, subcontractor or employee of the owner or user, and not the owner or user, is responsible for false alarms by reason of negligent disregard of warnings indicating an alarm failure, such independent contractor, subcontractor or employee shall be subject to the provisions of §§ 65-10 and 65-11 hereof.
A.
In the case of false alarms which summon the Police
Department or Fire Department to respond, the Chief of Police or Fire
Official, as appropriate, shall cause an investigation to be made
and shall keep a record of such false alarms on file.
[Amended 9-5-2023 by Ord. No. 20-2023]
B.
In the event of the occurrence of four false alarms
in a twelve-month period, the registrant shall, within three days
after written request to do so from the Chief of Police or Fire Official,
complete a written report setting forth the cause or causes of the
false alarm, the corrective action taken and a statement as to whether
the alarm system has been inspected and/or serviced by an alarm system
company and such other information as the Chief of Police and Fire
Official may reasonably require.
[Amended 9-5-2023 by Ord. No. 20-2023]
C.
Fines.
[Amended 9-5-2023 by Ord. No. 20-2023]
(1)
Residential. Owners and/or users of alarm systems shall be subject
to the following minimum fine schedule for false alarms:
(a)
For the first, second, third and fourth false alarms in any
twelve-month period, a minimum fine of $50 per occurrence shall be
paid to the Township of Readington. However, the fine may be waived
at the discretion of the Fire Official with the acceptance of a written
report filed by either the property owner or alarm company within
10 days of the issuance of a summons for the false alarm.
(b)
For the fifth to 10th false alarm in any twelve-month period,
a fine of $150 per occurrence shall be paid to the Township of Readington.
(c)
After the occurrence of the 10th false alarm in a twelve-month
period, a fine of $500 per occurrence shall be assessed against the
registrant and paid to the Township of Readington.
(2)
Commercial/industrial. Owners and/or users of alarm systems shall
be subject to the following minimum fine schedule for false alarms:
(a)
For the first, second, third and fourth false alarms in any
twelve-month period, a minimum fine of $150 per occurrence shall be
paid to the Township of Readington. However, the fine may be waived
at the discretion of the Fire Official with the acceptance of a written
report filed by either the property owner or alarm company within
10 days of the issuance of a summons for the false alarm.
(b)
For the fifth to 10th false alarm in any twelve-month period,
a fine of $300 per occurrence shall be paid to the Township of Readington.
(c)
After the occurrence of the 10th false alarm in a twelve-month
period, a fine of $1,500 per occurrence shall be assessed against
the registrant and paid to the Township of Readington.
|
Number of False Alarms
|
Minimum Fine/Penalty
| |
|---|---|---|
|
Residential
|
Commercial/Industrial
| |
|
1 to 4
|
$50 per occurrence
|
$150 per occurrence
|
|
5 to 10
|
$150 per occurrence
|
$300 per occurrence
|
|
11 or more
|
$500 per occurrence
|
$1500 per occurrence
|
|
Additionally, owners and/or users of alarm systems shall be
responsible for the reimbursement of manpower and equipment per the
municipal reimbursement rate schedule[1] after 4 false alarms.
| ||
|
The calculation of the number of false alarms shall be without
regard to whether the false alarms involved intrusion alarms or fire
alarms.
| ||
[1]
Editor's Note: The municipal reimbursement rate schedule
is on file with the Township.
(3)
Service fees shall be payable to the Township of Readington within
30 days of written notice of the fourth and subsequent false alarms.
The calculations of the number of false alarms shall be without regard
to whether the false alarms involved intrusion alarms or fire alarms.
D.
Where the investigation of the Police Department or
Fire Department discloses a continued abuse of the privilege and a
disregard by the registrant for taking remedial steps to avoid such
false alarms, the Township of Readington reserves the right to require
disconnection of the alarm system for a limited or permanent time
by the Chief of Police, Fire Official or their designee, provided
that no such registration shall be revoked or suspended without giving
the registrant an opportunity to show cause before the Chief of Police,
Fire Official or their designees why such actions shall not be taken.
[Amended 9-5-2023 by Ord. No. 20-2023]
E.
The determination of the Chief of Police or the Fire
Official in such matters shall be based upon the effect on the general
public health, safety and welfare of the continued use/abuse of the
alarm system in question.
F.
Failure to remit the required service fee or to comply
with the Chief of Police or Fire Official's determination that a disconnection
is required shall subject the registrant to the penalties set forth
herein. Each and every day the registrant fails to comply with the
provisions of this chapter shall constitute a separate and continuing
offense. Any registrant shall, by completion of the registration form,
be deemed to have consented to an inspection of the premises on which
said alarm devices are installed at reasonable hours by the Chief
of Police or his designated representative.
G.
The provisions of this chapter and any violations
hereof are enforceable by the Chief of Police or Fire Official or
their designee in the Municipal Court of the Township of Readington.
A.
Any person who fails to register an alarm system as
required by this chapter is subject to a minimum fine of $250 and
a maximum fine of $1,000 for each and every violation.
[Amended 9-5-2023 by Ord. No. 20-2023]
B.
Any owner or user of an alarm system who installs
such system which is not in compliance with this chapter is subject
to a minimum fine of $500. Additionally, said owner or user may be
required to remove such alarm system.
[Amended 9-5-2023 by Ord. No. 20-2023]
C.
Any individual who intentionally, willfully or maliciously
destroys or injures any of the post, lawn boxes or alarm apparatus
owned by the Township of Readington or intentionally, willfully or
maliciously interferes with the operation of the same or with any
part thereof or who hinders or impedes any of the operations intended
to be accomplished thereby shall, upon a conviction thereof, be imprisoned
in the County Jail for a term not exceeding 90 days and/or a period
of community service or shall forfeit and pay a fine not exceeding
$500 dollars, or both. Any person convicted of a violation of this
subsection may, in the discretion of the Municipal Judge, be imprisoned
in the County Jail for a term not exceeding 90 days.
D.
Any person who intentionally causes the giving of
a false alarm shall be in violation of this chapter and shall be subject
to a penalty of not less than $500 and not more than $5,000 and/or
imprisonment for any term not to exceed 90 days and/or by a period
of community service not to exceed 90 days for each such offense.
[Amended 9-5-2023 by Ord. No. 20-2023]
E.
Any person testing an alarm system covered by the
provisions of this chapter shall notify either police headquarters
for intrusion devices or the Fire Official for fire alarm devices
immediately prior to and immediately after the testing is completed.
Failure to do so will constitute a violation of this chapter and shall
subject such persons to the penalties set forth herein.
F.
The Chief of Police and Fire Official shall cooperate
in connection with the administration of this chapter and the development
of the forms, permits, decals, records and other documents used by
the Chief of Police.
A.
The provisions of this chapter shall not apply to
general alerting alarms that may be used by the Fire Department, ambulance
squads or civil defense agencies to summon its members. Moreover,
the provisions of this chapter do not apply to alarm systems affixed
to motor vehicles.
[Amended 9-5-2023 by Ord. No. 20-2023]
B.
Any owner or use of an alarm system who accidentally
activates his or her burglar alarm and properly notifies the Police
Department within three minutes after activation will not be charged
with a false alarm.
C.
This grace period shall not apply to false fire alarms.
A.
The Chief of Police in conjunction with the Fire Official
may, from time to time, prescribe and promulgate subsequent rules
and regulations for the installation and connection of alarm equipment,
devices or systems covered by the terms of this chapter and for the
performance, maintenance and operation of the same as may be reasonably
necessary to fulfill the purposes of this chapter.
B.
Such rules and regulations shall be made, prescribed
and promulgated to sufficiently ensure an effective and uniform police/fire
alarm system with proper installation and connection; provide for
maintenance of records and efficient management of the alarm system,
the speed and accuracy of the operation and reporting of said alarms,
minimizing mechanical failure and minimizing false alarms and the
consequential dangers of the same to citizens of Readington Township;
provide for the proper monitoring of alarms and proper response to
such alarms and prevention of nuisances or other interferences or
hindrances of the proper operation and duties of the Police Department.
C.
Said rules and regulations and all changes thereof
shall be subject to the approval of the Township Committee.
D.
Said rules and regulations shall be in writing and
shall be given to each registrant at the time of application.
