[HISTORY: Adopted by the Township Committee of the Township of Harding 6-29-1978 by Ord. No. 12-78 (Ch. 35 of the 1990 Code). Amendments noted where applicable.]
[Amended 5-14-1979 by Ord. No. 5-79]
As used in this chapter, the following terms shall have the meanings set forth below:
- CENTRAL STATION SYSTEM
- A system which automatically alerts a person, beyond the limits of the property served, who is engaged in the business of relaying information by telephone to the Chatham Township Police Department. 
- FALSE ALARM
- Any sound by a warning device to which a response by the
Harding Township Police Department is initiated, which was directly
or indirectly caused or produced by a warning device in the absence
of any criminal activity or other emergency.[Added 12-27-1984 by Ord. No. 11-84]
- PRIVATE ALARM SYSTEM
- Any system installed to serve an improved property, store,
building or other facility and designed or used for detection of fire,
smoke or similar hazards, the detection of unauthorized entry, the
commission of an unlawful act or the detection of any one or more
of the foregoing, or for reporting any emergency, which system communicates
or causes the communication of information to a central station and
communicated to the Morris County Communications Center.[Amended 12-27-1984 by Ord. No. 11-84]
- A. Any device installed to serve an improved property and designed to sound an alarm by a bell, horn, siren or other noisemaking instrument located upon the property where the device is installed and audible beyond the limits of the property in the event of the presence of fire, smoke or similar hazards, unauthorized entry, the commission of an unlawful act or any one or more of the foregoing.
- B. Any equipment which combines the characteristics of a private alarm system and a warning device shall be classified as a private system for the purposes of this chapter.
No person shall install, maintain, use or cause or permit to be used any private alarm system within the Township unless a permit therefor has been issued by the Chief of Police of the Township in accordance with the provisions of this chapter.
No person shall use a private alarm system during any period when the permit therefor has expired or is suspended.
Any person desiring to use a private alarm system upon improved property owned or occupied by such person shall submit a written application to the Chief of Police for a permit for such system. The application shall be on a form to be furnished by the Chief of Police which shall require the following information over the signature of the applicant:
The name, address and telephone number of the applicant.
The location of the property to be served.
The name, address and telephone number of the company which will furnish and maintain the private alarm system.
The name and telephone number of a person to be notified of a faulty private alarm system at any time when no one is present on the property served by the system.
[Amended 5-14-1979 by Ord. No. 5-79; 12-27-1984 by Ord. No. 11-84; 3-12-1990 by Ord. No. 1-90]
At the time an application is submitted to the Chief of Police for a permit, an initial fee as provided in Chapter 171, Fees, shall be paid to Harding Township for the year in which the initial payment is issued for each alarm.
The aforesaid fees shall not be prorated by reason of the date upon which an application is filed, but said fee shall be refunded to the applicant in the event that a permit is not issued.
The Chief of Police shall issue a permit for a private alarm system unless he finds that the system covered by the application does not meet applicable standards. Whenever the Chief of Police shall refuse to issue a permit, he shall advise the applicant in writing of the reason or reasons for refusal.
Editor's Note: Original § 35-6, Expiration and renewal of permit; renewal fees, which immediately followed this section, as amended 5-14-1979 by Ord. No. 5-79, 12-27-1984 by Ord. No. 11-84, and 3-12-1990 by Ord. No. 1-90, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
All permits for private alarm systems shall be issued upon the following terms and conditions:
A permit shall be issued for each separate improved property, store, building or other facility, and no permit shall be transferred or assigned in manner.
All warning devices which are incorporated in a private alarm system shall be equipped with a mechanism which will automatically reset the device so as to limit the audible signal of the alarm to a period of no more than 20 continuous minutes.
[Added 12-27-1984 by Ord. No. 11-84]
If required, an applicant shall furnish complete information and specifications for the system. Such information shall include specific data relating to testing procedures and the prevention of false alarms.
Every private alarm system shall be maintained in proper working condition and shall meet standards which may from time to time be promulgated by the Chief of Police to prevent faulty systems.
Editor's Note: Original Subsection E, regarding voltage compatibility, Subsection F, regarding number to dial, Subsection G, regarding wording of prerecorded message, and Subsection H, regarding number or message repeats, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Every permit shall be subject to rules and standards which may be promulgated by the Chief of Police with respect to private alarm systems. Such rules shall be in writing and shall be given to each permittee at the time of issuance or renewal of any permit or at the time of promulgation or amendment.
Any permit issued for a private alarm system may be suspended by the Chief of Police if it shall appear that:
The permittee has failed to comply with the terms and conditions of the permit or has failed to comply with rules and standards promulgated by the Chief of Police with respect to private alarm systems;
The permittee or his agents knowingly installed or maintained a faulty private alarm system; or
The permittee or his agents failed to comply with a request by the Chief of Police to render necessary services to a faulty private alarm system within 36 hours after such request was made or failed to disconnect such system within such period and until such system has been repaired.
Five false alarms within any calendar year shall constitute prima facie evidence that a private alarm system is faulty.
In the event that the Chief of Police shall determine that a permit for a private alarm system should be suspended by reason of the provisions of this section, the Chief of Police shall notify the permittee of the suspension in writing by certified mail to his last known address, setting forth the reason or reasons for the suspension.
A suspension shall be terminated by the Chief of Police when he is satisfied that the conditions stated in the notice of suspension have been corrected.
Any person aggrieved by the action of the Chief of Police in the denial or suspension of a permit for a private alarm system shall have the right of appeal to the Township Committee. The appeal shall be taken by filing with the Township Clerk, within 14 days after the notice of the action complained of has been mailed to the person's last known address, a written statement setting forth fully the grounds for appeal. The Township Committee shall set a time and place for the hearing of the appeal, and notice of the hearing shall be given to the appellant by certified mail to his last known address, at least five days prior to the date set for the hearing. The decision of the Township Committee and the reasons therefor shall be set forth in the minutes of the Township Committee.
Every person who installs, maintains or uses a warning device within the Township shall notify the Chief of Police of the Township of such device by completing and filing with the Chief of Police a form to be furnished by the Chief of Police providing for the following information:
The name, address and telephone number of the owner or occupant of the property served by the warning device.
The location of the property served.
The name, address and telephone number of any company maintaining the warning device.
The name and telephone number of a person to be notified of a faulty warning device at any time when no one is present on the property served by the warning device.
Every person who installs, maintains or uses a warning device to serve an improved property within the Township shall promptly correct or disconnect any faulty device upon notice from the Chief of Police that the system is sounding an inordinate number of false alarms.
[Amended 5-14-1979 by Ord. No. 5-79]
Neither Harding nor Morris County Communications shall assume any responsibility whatsoever with respect to the adequacy, operation or maintenance of any private alarm system or warning device. No action taken by either Township or either Township's Police Department pursuant to the provisions of this chapter shall create any liability upon either Township's Police Department by reason of any failure of any private alarm system or warning device, any failure to respond to any emergency or any act of omission or commission relating to any private system or warning device. Every permittee who accepts a permit for a private alarm system or warning device agrees to hold and save harmless both Townships, their agents and employees from any liability whatsoever in connection with the system or device covered by the permit or its operation.
Any person who violates any provision of this chapter shall, upon conviction, be subject to the general penalty in Chapter 1, General Provisions, Article I.