[HISTORY: Adopted by the City Council of the City of Garfield 10-23-1984 by Ord. No. 1843 (Ch. 79 of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 142.
Noise — See Ch. 220, § 220-15Q.
The purpose of this chapter is to provide standards and regulations for various types of intrusion, burglar and other emergency alarm equipment, whether by producing a visual or audible signal or whether by direct line, radio, telephone or other means, actuating a device requiring a response thereto by the City of Garfield Police Department, Fire Department or other municipal agency.
The provisions of this chapter shall apply to alarm businesses and to any person who operates, maintains or owns any alarm device, dial alarm or local alarm designed to produce a visual or audible signal of an emergency or designed to summon the Police or Fire Department or other municipal agency or department of the City of Garfield to any location in response to any type of alarm signal.
As used in this chapter, the following terms shall have the meanings indicated:
ALARM CONSOLE
They shall be installed, operated and maintained in such places in the City of Garfield Police Department as the Chief of Police or the City Manager shall designate. Said alarm console shall be of such design, capacity, size, power, utility, efficiency and quality as the Chief of Police or the City Manager shall specify. Said alarm console shall be furnished, installed, operated, maintained and kept in good working order, exclusive of and at the sole cost and expense of the licensee, who shall, in consideration of said exclusive license, have the privilege of installing, operating and maintaining the alarm console and the use and occupancy of the designated area in the Police Department. Alarm console further means the approved control panel installed in the City of Garfield police headquarters for the purpose of giving visual or audible response to alarm systems installed within the City of Garfield.
ALARM DEVICE
Any type of alarm system actuating equipment in the alarm console providing warning of intrusion, fire, smoke, water flow, flood or other peril.
ALARM SYSTEM
Equipment, a device or an assembly of equipment and devices designated to signal the presence of an emergency or hazard requiring urgent attention into which the Police Department may be expected to respond. In this chapter, the term "alarm system" shall include the terms "alarm device," "local alarm" and "dial alarm."
CHIEF OF POLICE
Chief of the City of Garfield Police Department or his designated representative.
CITY CLERK
The Clerk of the City of Garfield.
DESIGNATED REPRESENTATIVE
The designated representative of the Chief of Police to perform a function required or permitted by this chapter. "Designated representative" shall be limited to a member of the City of Garfield Police Department, if appointed by the Chief of Police, and a member of the City of Garfield Police or Fire Departments, if designated by the City Manager.
DIAL ALARM
Any type of alarm system using telephone lines transmitting an alarm directly through the Police Department switchboard, providing warning of intrusion or peril.
FALSE ALARM
Any alarm or signal of an alarm actuated by inadvertence, negligence or the intentional or unintentional act of a person other than an intruder or use of the alarm for other than its intended purpose, and including alarms caused by mechanical failure, malfunctioning or improper installation or design of the alarm system and related equipment.
FIRE DEPARTMENT
The City of Garfield Fire Department.
LICENSEE
The person who holds the license to install, operate and maintain the alarm console pursuant to provisions of this chapter.
LOCAL ALARM
An alarm system which, when activated, produces a signal not connected to the alarm console or the Police Department switchboard, such as a store burglar alarm actuating a bell device, providing warning of intrusion or other peril. "Local alarm" shall not include an alarm system on a motor vehicle, provided that said motor vehicle alarm is not interconnected with an alarm device, a dial alarm or local alarm. The term "local alarm" shall also not include equipment designed to signal solely within the building or series of buildings, if owned by the same person on which it is located, and which is not designated to admit signals visible or audible to persons outside such building or buildings.
PERMITTEE
Any person who owns an alarm device who has obtained a permit according to provisions of this chapter.
PERSON
Any natural person, individual, firm, partnership, association, limited partnership, corporation, unincorporated organization, estate, trust or any other business entity.
POLICE DEPARTMENT
The City of Garfield Police Department.
WRITTEN NOTICE
By certified mail or personal service upon the licensee or permittee.
A. 
No dial alarm shall be permitted unless it shall have first been registered with the Chief of Police as hereinafter required, approved by the Chief of Police after approval thereof by the New Jersey Bell Telephone Company and a test conducted by the alarm owner or on his behalf.
B. 
All dial alarms shall be coded to dial a separate special number to be provided by the Chief of Police. No dial alarm shall be coded to dial the general Police Department number. All dial alarms shall be coded to dial a neighbor, relative or other third party.
C. 
All dial alarms shall be capable of being disconnected to allow a call to the Police Department in the event of a false alarm.
D. 
The owner of each dial alarm system shall pay to the City of Garfield the annual fee of $20 to cover the cost of registration and testing and to amortize the cost of special telephone line or lines required in police headquarters.
E. 
Owners of dial alarms shall be governed by the false alarm procedures and penalties set forth in this chapter.
F. 
If a person has any dial alarm in existence at the time of the passage of this chapter, they shall have 30 days in which to reprogram the equipment in accordance with this chapter and in which to pay the annual fee to the City of Garfield. "Annual," for the purpose of registration, shall be the calendar year. A person failing to comply herewith shall be liable to a penalty payable to the City of Garfield in the amount of $50 for each day such person remains in violation of this subsection.
G. 
If any dial alarm hereafter shall be found to be dialing the general Police Department number rather than the special number, 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 30 days after receipt of said notice, such person shall be liable to the City of Garfield in the amount set forth in § 69-12 for each and every day he has failed to comply with this chapter. No such message shall be transmitted more than two times, and the second call shall be clearly identified as the second call. After the second call, the device shall automatically disconnect itself. The time gap of any alarm device between acknowledgment of the call at the Police Department and delivery of the recorded message shall not exceed five seconds. [1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
The sensory mechanism of dial alarms shall be adjusted so as to suppress false indications and shall not be actuated by impulses due to pressure changes in water pipes, short flashes of light, wind, noises, rattling or vibrations of doors, windows or other forces unrelated to the peril or alarm for which the system is intended.
I. 
All components of the dial alarm shall be maintained by the owner in good repair. For failure to comply with the operational requirements of this chapter, the Chief of Police has the right to demand that such dial alarm be disconnected until such time as compliance with the requirements is reestablished. If, upon written notice from the Chief of Police, the owner of a dial alarm shall fail to disconnect said alarm within 10 days, he shall be liable to the City of Garfield for a fine in the amount set forth in § 69-12.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 3-15-1994 by Ord. No. 2149]
The City shall be under no duty or obligation to permit or allow any alarm consoles. All permits for existing alarm consoles located at the Police Department are hereby and henceforth revoked.
A. 
No person shall install, operate or maintain any alarm system unless the system has been registered and approved by the Chief of Police of the City of Garfield or his designated representative.
B. 
The alarm system shall be deemed registered at such time as the permit is issued.
C. 
A dial alarm system shall be deemed registered when the annual fee has been remitted to the City of Garfield and it has been approved by the Chief of Police or his designee.
D. 
Local alarm systems shall be deemed registered when the occupant of the building in which the alarm is installed shall have filed a registration form with the Chief of Police or his designee, and he has approved the registration.
E. 
All permittees will be required to register their alarm, no matter what type, with the Chief of Police or his designee on a form which shall include, among other data, the name, type and location of the device; the name, address and twenty-four-hour telephone number of the alarm installer or person responsible for its maintenance; a list of persons to be contacted in the event of an alarm; the persons responsible to remit any fees or fines assessed under this chapter; or any other information as may be required by the Chief of Police or his designee. It shall be unlawful for an alarm device, dial alarm or local alarm to ring or put forth any other sound for a period in excess of 20 minutes. Any violation of this requirement shall be punished as provided in § 69-12 for each violation. [1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
No further renewed registration will be required unless there is any material change of information previously submitted with respect to any alarm system. It shall be the duty of the occupant of a building served by an alarm system, within 10 days of any change in the registration information, to notify the Chief of Police or his designee by completing a new registration form. Failure to comply with this provision shall be deemed a violation and subject the violator to penalties hereinafter provided.
G. 
Permittees agree to indemnify and hold harmless the City of Garfield from and against all claims, suits, damages, costs, losses and expenses and agree to and do hereby release the City of Garfield from any and all liability or damages in any way resulting from or arising out of or connected with the installation, operation or maintenance of the alarm system by its agents, servants, employees and elected officials.
A. 
In addition to penalties which may be imposed for violations of certain provisions of this section, the City of Garfield may, pursuant to provisions of this section, revoke the license of an alarm business on any of the following grounds:
(1) 
Fraud or willful and knowing misrepresentation or false statement made in the application for license.
(2) 
Fraud or willful and knowing misrepresentation or false statement made in the conduct of an alarm business.
(3) 
Failure to correct any deficiencies in equipment or operation within 30 days after receipt of written notice of the same from the Police Chief or his designated representative.
(4) 
Failure to comply, within a reasonable time, with any order or notice issued by the Chief of Police or his designated representative or failure, after reasonable notice, to permit the Police Chief or his designated representative to inspect any lists which he is authorized to inspect under this section or failure to comply with provisions of this chapter within a reasonable time, not less than 30 days after notice or order from the Chief of Police or his designated representative.
B. 
No alarm business license shall be revoked until a hearing is held by the Chief of Police or his designated representative. Written notice of time and place of the hearing shall be served upon the licensee at least 10 days prior to the date set for hearing. Said notice shall set forth a summary of the grounds advanced for revocation of the license. The licensee shall be notified in writing of the decision as to revocation of his license within 10 days after the hearing.
A. 
Within six months after final adoption of this chapter, all alarm devices, local alarms and dial alarms installed in commercial and public buildings shall utilize equipment and methods for installation substantially equivalent to or exceeding the minimum applicable standards of Underwriters' Laboratories, Inc., American National Standards Institute or National Fire Protection Association and standards of the New Jersey Uniform Construction Code.
B. 
Within six months after final adoption of this chapter, all alarm devices, local alarms and dial alarms installed in one- and two-family residences shall utilize equipment which shall be installed in a safe, reliable and workmanlike manner.
C. 
Equipment or hardware used and/or the manner of installation of alarm devices, local alarms and dial alarms may correspond to any of the several levels of protection or grades of service listed in the applicable standards; provided, however, that those persons using such equipment shall not be required to provide protection for all of the areas or openings which may be required to be protected by the applicable standards.
D. 
In those instances where Underwriters' Laboratories, Inc., the American National Standards Institute and/or the National Fire Protection Association have not established standards for categories of equipment or where new equipment is undergoing field testing, the Chief of Police or his designated representative may require that the alarm system be inspected at the expense of the alarm user by a professional electrical engineer who shall certify whether the alarm system appears to be safe and reliable.
E. 
No City employee shall knowingly and willfully reveal any business information obtained during an inspection, other than for official police business or for the administration and enforcement of this section.
A. 
In the event of the occurrence of three false alarms in a calendar year, the alarm user shall, within three working days after written notice to do so, complete a written report to the Chief of Police or his designated representative, setting forth the cause of said false alarms, if known, the corrective action taken, whether the alarm system has been inspected by an alarm service company and such other information as the Chief of Police or his designated representative may reasonably require.
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, Written notice and penalty fees, as amended 4-12-2010 by Ord. No. 2579; was repealed 12-29-2022 by Ord. No. 2971. See now § 142-11E(4).
C. 
In addition to the penalty fee, if the fourth or subsequent false alarms have resulted due to failure of the alarm system or failure of the user to take corrective measures to have the alarm system comply with this chapter, the owner of said alarm system shall disconnect the alarm system within 10 days of written notice from the Chief of Police or his designated representative, unless the alarm system is corrected to meet requirements of this chapter. Failure to remit the required service fee or misuse of the permitted number of false alarms shall result in disconnection of the alarm system.
Any person testing an alarm system covered by provisions of this chapter shall notify the City of Garfield Police Department immediately prior to and after testing is completed. Failure to do so shall subject the alarm user to a penalty under the false alarm section.
A. 
Every permittee shall, by acceptance of the permit, be deemed having consented to the inspection of the premises in which said alarm device or devices are located at reasonable hours by the Chief of Police or his designated representative.
B. 
Any unauthorized equipment may be disconnected by the Chief of Police or his designated representative for noncompliance with this chapter. Any person maintaining or installing any unauthorized equipment shall be prosecuted for violation of this chapter.
[Amended 4-25-2006 by Ord. No. 2457]
Any person, firm or corporation found guilty of a violation of this chapter shall be punished by one or more of the following: a fine not exceeding $2,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days, exclusive of any other penalties or fees which may have been imposed under other sections hereof.