[HISTORY: Adopted by the Mayor and Council
of the Borough of Essex Fells 11-14-1983 by Ord. No. 83-481 (Ch. 8.08 of the 1992
Code). Amendments noted where applicable.]
The purpose of this chapter is to establish
regulations concerning the installation, operation and maintenance
of certain alarm systems within the Borough and to provide penalties
for violations of any of the provisions set forth in this chapter,
and to provide for registration of alarm systems with the Police Department
and for annual fees for such registration.
For the purposes of this chapter, the following
definitions shall apply:
Any type of alarm-actuating equipment which provides warning
of intrusion, fire, smoke, burglary, flood, or like perils, including
dial alarms (devices using normal telephone lines transmitting notification
by telephone directly to the police headquarters) and direct alarms
(devices using telephone lines terminating in an alarm display panel
located in police headquarters) and external or other alarm devices
audible to a neighbor. Alarm devices for purposes of this chapter
shall not include those alarms that are limited to warning only the
occupants of a home of smoke, fire, burglary, flood, or like perils.
That component installed in police headquarters containing
alarm indications and designations.
The installation in one or more buildings of one or more
alarm devices for the express purpose of giving visual or audible
warning, or both, of an emergency such as burglary, intrusion, fire,
smoke, flood, or like perils.
A device that emits an audible signal from the premises that
it is designed to protect by attracting the attention of persons outside
the building or buildings.
An alarm signal necessitating response by the Essex Fells
Police or Fire Department where an emergency situation does not exist.
Any individual, partnership, corporation, association or
other legal entity.
A.
It is the responsibility of all residents with alarm
systems in their homes to file a registration form provided by the
Police Department, including, if desired by the resident, the names
of authorized persons who can be reached in case of an emergency or
malfunction of the alarm device in order that the device can be temporarily
disconnected. (It is urged that two such persons be designated.) The
registration form shall also include any other data required by the
Police Department.
B.
Persons having alarm devices which are being tested
or repaired shall notify the Police Department before tests or repairs
commence and after completion of same so as to avoid the possibility
of actuating a false alarm.
A.
It is the responsibility of all residents having alarm
systems in their homes to prevent the transmission of false alarms
though a program of training and period inspection and maintenance
of the system.
B.
Notification and investigations. In the case of a
false alarm, any person having knowledge thereof shall immediately
notify the Police Department. In the case of false alarms the Chief
of Police shall cause an investigation to be made and keep a record
of the alarms on file.
[Amended 2-18-1997 by Ord. No. 97-669; 4-15-2014 by Ord. No.
2014-949]
All residents having alarms systems in their
homes shall be required to register annually with the Borough Police
Department the existence of the alarms. The fee for such annual registration
shall be $25. In addition, if a resident maintains an automatic direct
dialing device to a Borough Police Department telephone line, then
a further fee of $25 will be charged upon initial registration and
on each anniversary of the registration. This additional charge is
necessary to reimburse the Borough for the added cost of installing
and maintaining a separate telephone line. The penalty for a violation
of this section shall be $50.
All external audible alarms shall be equipped
with a timing device that will automatically silence the external
audible alarm within 15 minutes after it is actuated. As to any such
external audible alarms, it is urged that at least two persons other
than members of the household be responsible for turning off these
alarms if the automatic shutoff fails.
[Amended 12-21-1993 by Ord. No. 93-623; 2-18-1997 by Ord. No. 97-669; 3-17-1998 by Ord. No. 98-683]
A.
Penalties for false alarms or failure to have an external alarm silenced within 15 minutes in accordance with § 66-6 of this chapter:
(1)
In any calendar year (January 1 through December 31),
the following penalties shall apply:
|
Incident (False Alarms or Failure to Silence)
|
Penalty
| |
|---|---|---|
|
1st offense
|
None
| |
|
2nd offense
|
None
| |
|
3rd offense
|
$40
| |
|
4th offense
|
$75
| |
|
Subsequent offense
|
$125
|
(2)
In the event of a sixth or subsequent false alarm,
or the sixth or subsequent failure to have an external audible alarm
silenced within 15 minutes, in addition to the fine established in
this chapter, an investigation shall be conducted by the Police Department.
Where the investigation of the Police Department discloses continued
abuse, negligent operation or poor maintenance of an alarm device
and a failure to take remedial steps to avoid false alarms, the Police
Chief may require disconnection of the device for a limited or permanent
time, provided that no disconnection shall be made without giving
the owner or user of the alarm device an opportunity to show cause
before the Borough Administrator why such action should not be taken.
B.
Any person violating any of the provisions of this
chapter (except repeated false alarms and repeated failure to silence
an external audible alarm system) shall, for each offense, be subject
to a fine of not more than $500 in the discretion of the Judge of
the Municipal Court. Each incident shall be considered a separate
violation.
The provisions of this chapter shall apply to alarm systems placed in service prior to or subsequent to the effective date of the ordinance codified in this chapter; provided, however, that persons responsible for existing alarm devices shall have 30 days from the effective date of the ordinance codified in this chapter to provide to the Police Department the information required by § 66-3 and shall have 90 days from the effective date of this chapter to equip any nonconforming audible alarm device with the automatic silencing mechanism required by § 66-6.
