Township of Irvington, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Town (now Township) of Irvington 9-28-1971 by Ord. No. MC 2296 (Ch. 56 of the 1981 Revised Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 307.
[Amended 10-14-2015 by Ord. No. MC 3553]
The purpose of this chapter is to provide standards and regulations for various types of intrusion, burglar, fire and other emergency alarm devices, whether by direct line, radio, telephone or other means, actuating a device at the police or fire headquarters of the Town and requiring response thereby by the Public Safety Department or other municipal agency.
[Amended 10-14-2015 by Ord. No. MC 3553]
The provisions of this chapter shall apply to any person who operates, maintains or owns any alarm device or local alarm designed to summon the Public Safety Department or other municipal agency 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 service by private source to other offices within or without the Town so long as such activity is not connected to the alarm console; except, however, that any person having a premises protected by an alarm device shall still be responsible for the registration thereof in accordance with § 154-6A without fee.
As used in this chapter, the following terms shall have the meanings indicated:
ALARM CONSOLE
The console or control panel of devices giving a visual or audible response, or both, and located within the confines of the Public Safety Department of the Town.
[Amended 10-14-2015 by Ord. No. MC 3553]
ALARM DEVICE
Any type of alarm system actuating equipment in the alarm console providing warning of intrusion, fire, smoke, flood or other peril.
ALARM INSTALLATION
Any alarm device or combination of devices installed for one or more buildings at a location other than the alarm console.
DESIGNATED REPRESENTATIVE
Limited to a member of the Public Safety Department of the Town.
[Amended 10-14-2015 by Ord. No. MC 3553]
DIAL ALARM
That type of device using telephone lines, transmitting an alarm directly through the police or fire switchboard.
FALSE ALARM
Any alarm actuated by inadvertence, negligence, or unintentional act of someone other than an intruder, and shall include as well alarms caused by malfunctioning of the alarm device or other relevant equipment, but shall not include alarms created by malfunction of the alarm console.
LICENSEE
The person obtaining the license to maintain the alarm console as hereinafter set forth.
LOCAL ALARM
Any alarm or device which when actuated produces a signal not connected to the alarm console, such as store burglar alarms actuating bell devices.
PERMITTEE
Any person owning an alarm device or a local alarm within the scope of this chapter.
PERSON
Any natural person, partnership, corporation or association.
A. 
There is hereby established a police alarm console license or a fire alarm console license, which shall be granted upon recommendation of the Director of Public Safety as set forth in § 154-5. Any such license shall have exclusive use and control of the alarm console, except for use by the Public Safety Department of the Town, and such licensee will be responsible at no cost to the Town for the establishment, construction and installation of such console containing equipment and being of a design approved by the Director of Public Safety and for the care, maintenance and management thereafter of such console; such licensee shall locate such console and relocate such console if necessary under the supervision of the Director of Public Safety or the Chief of Fire at no cost to the Town. For any such license granted hereunder, the licensee will assume all liability and agree to indemnify and save harmless the Town, its agents and the Town Public Safety Department for any acts in conjunction with the operation of such police or alarm console, and in conjunction therewith he shall furnish annually to the Town Clerk a noncancelable insurance certificate indicating public liability coverage in an amount no less than:
[Amended 10-14-2015 by Ord. No. MC 3553; 1-12-2016 by Ord. No. MC 3562]
(1) 
Five hundred thousand dollars for each person and $1,000,000 for each accident.
(2) 
Property damage: $250,000 for each accident.
B. 
Any connection to the police alarm or fire alarm console shall be of a type inspected and approved by the Director of Public Safety or the Chief of Fire of the Town or his designated representative, and any person aggrieved by such decision may appeal such decision in writing within 10 days to the Director of Public Safety.
[Amended 10-14-2015 by Ord. No. MC 3553; 1-12-2016 by Ord. No. MC 3562]
C. 
All alarms existing as of the date of the adoption of this chapter[1] (except dial alarms) shall be connected hereunder to the alarm console by the licensee and no connection cost for such transfer shall be permitted; provided that such alarms qualify as to type of alarm or equipment under the other provisions or requirements of this chapter.
[1]
Editor's Note: The chapter was adopted 9-28-1971 by Ord. No. MC 2296.
D. 
The licensee for the police or fire alarm console shall be permitted to charge subscribers a maximum installation fee of $70 and a maximum monthly retainer or maintenance fee of $10, except, however, that no fee shall be charged to the Town or the Board of Education, Free Pubic Library, the tax office in the Municipal Building or other public buildings for monthly charges or console connection charges for any existing or future systems in public buildings, and any equipment or alarm devices installed by the alarm console licensee in such public buildings shall be at wholesale cost, exclusive of labor charges.
[Amended 10-26-1971 by Ord. No. MC 2303; 6-9-1981 by Ord. No. MC 2829]
E. 
The licensee shall install initially an annunciator or display console having no less than 1,000 zones available for present systems and future connections, which console shall be approved by the Underwriters' Laboratories or pending approval.
[Amended 6-9-1981 by Ord. No. MC 2829]
F. 
Except as provided in § 154-7, any license issued hereunder shall be for a term of three years from date of approval by the Mayor and Council of the Town; such licensee shall post with the Town Clerk a performance bond in the amount of $5,000, noncancelable without notification to the Town Clerk of the Town, guaranteeing performance for three years of the obligation of the licensee and ensuring maintenance of such console and alarm system during such period when the license is in force.
[Amended 6-9-1981 by Ord. No. MC 2829]
G. 
Such licensee, for the privilege of obtaining such license, shall pay to the Town a minimum annual sum of no less than 15% of the gross rental earned annually by such licensee from subscribers connected to said alarm console, which payment shall be made within 30 days of the close of each fiscal year in which said license is in force, and such licensee, by acceptance of said license, shall be deemed to have agreed to having the books and accounts of said licensee open to inspection by the Town Auditor or other designated representative of the Town, selected by the Mayor, with approval of the Council, to verify the annual account which shall be submitted by said licensee coincidental with the fee described aforesaid.
[Amended 10-26-1971 by Ord. No. MC 2303]
H. 
Prerequisite for issuance and continuation of licenses and permits.
[Added 8-13-1991 by Ord. No. MC 2929[2]]
(1) 
No license or permit shall be issued or renewed, as the case may be, to any applicant who is the owner of property wherein a business or activity for which a license or permit is sought or wherein a business or activity is to be conducted unless and until any delinquent property taxes or assessments on such property are paid and current. This subsection shall not apply to licenses issued pursuant to the Alcoholic Beverage Control Act of the State of New Jersey.[3]
[3]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
(2) 
The applicant shall supply a certificate from the Township Tax Collector that all property taxes and assessments are paid and current on the subject property.
(3) 
In addition, a license issued pursuant to this chapter may be revoked or suspended when any licensee who is the owner of the property upon or within which the licensed activity is conducted has failed to pay the taxes due on the property for at least three consecutive quarters.
[2]
Editor's Note: Section 4 of this ordinance provided as follows: "The issuance or maintenance of licenses or permits under any provision of this ordinance will not be withheld or denied if such action will jeopardize the health and safety of the citizens of Irvington."
A. 
Prequalification. Persons desiring to bid for such license shall make application to the Public Safety Director of the Town, which application shall disclose whatever information may be required by the Public Safety Director concerning the ability of the proposed applicant to comply with the requirements of this chapter, and shall indicate, in any event, that:
[Amended 6-9-1981 by Ord. No. MC 2829; 1-12-2016 by Ord. No. MC 3562]
(1) 
Such applicant has satisfactory financial and personal references indicating his ability to comply with the terms of this chapter.
(2) 
Such applicant has an office in the Town of Irvington or within a fifty-mile radius thereof, with adequate personnel available on a twenty-four-hour basis to serve such equipment.
B. 
Upon receipt by the Council of a list of those persons or corporations who prequalified, the Municipal Council then shall, by resolution, designate the time and place for receiving sealed bids by those eligible to submit bids as set forth in Subsection A of this section, which bids shall indicate the bond and other requirements of this chapter and shall offer the gross rental prescribed by this chapter or greater amount and the maximum installation and monthly charges prescribed by this chapter or a lesser amount. Upon the return of the sealed bids, the Council may award such license to the person whose bid, taken as a whole, is the most advantageous to both the subscribers to the system and the Town from a cost and revenue standpoint, and in conjunction therewith the Council reserves the right to reject any and all bids.
C. 
Renewals of such license or award of new licenses should any license be terminated in accordance with § 154-7 shall be accompanied by following the procedures of Subsections A and B of this section.
A. 
Any person, firm or corporation which owns or operates a police or fire alarm device or a local alarm shall make application for the continuance thereof in writing to the Director of Public Safety or Chief of Fire, which application shall contain at least the location of the device, the name of the installer of such device, the type of device, provisions relating to false alarms and testing procedures, a list of persons to be contacted in the event of an alarm and other information as may be required by the Director of Public Safety.
[Amended 10-14-2015 by Ord. No. MC 3553; 1-12-2016 by Ord. No. MC 3562]
B. 
Local alarms shall be registered, but no fee shall be charged therefor. The signal shall be equipped with a timing device to restrict duration of the signal to no more than 30 minutes.
[Amended 6-9-1981 by Ord. No. MC 2829]
C. 
For alarm devices, the permittee shall pay whatever charges are required by any alarm company making such installation and, in addition thereto, such connection and monthly maintenance charges as hereinabove provided for to the licensee for the alarm control; the permittee shall also pay to the Township $146 for the initial installation and connection to the console of alarm devices which are required to be registered with the Township. Per year thereafter, the fee shall be $109. This fee shall be payable by January 15 of each year so long as the permit is in force. Any permit issued between January 15 and December 31 shall require the same fee for the initial installation and the same yearly fee per year thereafter, no portion of which shall be prorated or refundable. Should any such fee be delinquent for 30 days, the Public Safety Director shall notify the permittee in writing that such system has been disconnected from the alarm consoles.
[Amended 8-11-1987 by Ord. No. MC 2834; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413; 10-14-2015 by Ord. No. MC 3553]
D. 
Any permit granted hereunder shall be accepted upon the express condition that the permittee shall indemnify and hold the Town harmless from and on account of any and all damages arising out of the activities of the permittee, its alarm contractor or the alarm console licensee of the Town.
[Amended 10-14-2015 by Ord. No. MC 3553]
The Town shall be under no duty or obligation or be responsible for damages to any permittee hereunder or to any alarm console licensee hereunder. The alarm console and allied equipment is maintained at will and is subject to termination at any time or cancellation of the system by resolution duly adopted by the Municipal Council of the Town, and any individual permit issued hereunder may be revoked at any time by the Municipal Council upon recommendation of the Public Safety Director; provided that 30 days' notice is given in writing to such permittee.
A. 
Dial alarm devices shall not be permitted except as provided as follows:
(1) 
No automatic telephone dialing police or fire alarms attachments or recording devices shall be installed within the Town without first obtaining approval of the Public Safety Director of the Town. The installation of such devices in municipal buildings shall also require the approval of the Public Safety Director of the Town.
[Amended 10-14-2015 by Ord. No. MC 3553]
(2) 
Any private fire or police alarm equipment arranged to automatically transmit a voice or coded signal to the Public Safety Department through commercial facilities shall be required to have available a separate unlisted telephone or mechanical device to receive such signals.
[Amended 10-14-2015 by Ord. No. MC 3553]
(3) 
Private police or fire alarm equipment arranged to automatically transmit a voice or coded signal over commercial telephone facilities shall be so designed and installed that the equipment shall be disconnected automatically from the telephone line after the signal has been received by the Public Safety Department.
[Amended 10-14-2015 by Ord. No. MC 3553]
(4) 
Private alarm equipment arranged to automatically transmit a signal over commercial facilities shall be so designed that it will not seize and hold the commercial telephone line, thereby making the line unavailable for the receipt of signals from other private equipment.
(5) 
No direct call system shall be connected to a primary emergency Public Safety Department telephone number or to Public Safety Department business number. Private direct call systems shall transmit alarms over receiving equipment or through telephone numbers provided by the lessee.
[Amended 10-14-2015 by Ord. No. MC 3553]
(6) 
All receiving equipment located at police or fire headquarters shall be the responsibility of the lessee. Maintenance, repairs, installation expenses and other costs incidental to the operation of such alarm systems shall be the sole responsibility of the lessee.
(7) 
Any person, firm or corporation seeking to install the aforementioned devices within the Township shall pay an annual license fee of $1,094.
[Amended 8-11-1987 by Ord. No. MC 2834; 12-12-1995 by Ord. No. 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
B. 
All fire alarm devices shall be installed in accordance with the requirements of the Town Fire Prevention Code, as amended,[1] or higher authority, and with approval of the Public Safety Director.
[Amended 10-14-2015 by Ord. No. MC 3553]
[1]
Editor's Note: See Ch. 307, Fire Prevention.
C. 
Any licensees for the alarm console and any permittee utilizing the services of any other alarm company connected to such console shall provide for a representative to be on call at all times, and such service shall be provided within eight hours of notification by the Public Safety Department of any malfunctions of any equipment.
[Amended 10-14-2015 by Ord. No. MC 3553]
D. 
In case of a false alarm involving fire and/or police, any person having knowledge thereof shall immediately notify the Public Safety Department in a manner to be prescribed by rules and regulations in accordance with § 154-9. In addition, in the case of false alarms, the Director of Public Safety shall cause an investigation to be made and shall keep a record of such alarms on file. For such false alarms, the Municipal Council prescribes the following penalties: For the first false alarm in any given calendar year, a warning shall be issued; for the second, third, fourth and fifth false alarms in the same calendar year, a fine of $100 shall be paid to the Township; and for the sixth and subsequent false alarms, a fine of $530 per false alarm shall be paid to the Township. Where the investigation of the Public Safety Department discloses continued abuse of the privilege of connection to the alarm console and a disregard by the permittee for taking remedial steps to avoid false alarms, the Municipal Council reserves the right to require disconnection from the alarm console for a limited or permanent time, provided that no such permit shall be revoked or suspended without giving the permittee an opportunity to show cause before the Municipal Council why such action should not be taken. If the levied fines are not paid, the Township retains the right to refuse to issue any licenses that may be necessary and/or place a lien on the premises. In the event that the Public Safety Department determines that the cause of the false alarm was an act of God, then and in that event no fine shall be levied.
[Amended 8-11-1987 by Ord. No. MC 2834; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413; 10-14-2015 by Ord. No. MC 3553[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 10-14-2015 by Ord. No. MC 3553]
The Public Safety Director may from time to time promulgate rules and regulations supplementing this chapter in order to provide for recordkeeping and efficient management of such system; provided, however, that the Municipal Council must first approve such rules or any changes thereto.
Any person, firm or corporation found guilty in the Municipal Court of the violation of the terms of this chapter shall be subject to the penalty set forth in Chapter 1, Article III, Penalties.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).