[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:
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.
[1]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]
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][2]
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.
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.
A.
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.
B.
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:
A.
The name, address and telephone number of the applicant.
B.
The location of the property to be served.
C.
The name, address and telephone number of the company
which will furnish and maintain the private alarm system.
D.
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.
A.
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.
B.
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.[1]
[1]
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.
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.
B.
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]
C.
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.
D.
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.[1]
[1]
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).
E.
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.
A.
Any permit issued for a private alarm system may be
suspended by the Chief of Police if it shall appear that:
(1)
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;
(2)
The permittee or his agents knowingly installed or
maintained a faulty private alarm system; or
(3)
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.
B.
Five false alarms within any calendar year shall constitute
prima facie evidence that a private alarm system is faulty.
C.
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.
D.
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:
A.
The name, address and telephone number of the owner
or occupant of the property served by the warning device.
B.
The location of the property served.
C.
The name, address and telephone number of any company
maintaining the warning device.
D.
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][1]
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.
