[HISTORY: Adopted by the Mayor and Council
of the Borough of North Haledon 9-8-1982 by Ord. No. 9-1982 (Ch.
35 of the 1990 Code). Amendments noted where applicable.]
The Mayor and Council of the Borough of North
Haledon finds that the existence within the Borough of external audible
alarm systems which do not contain automatic cutoff systems permits
the continuing emission of loud alarm signals without termination
and that, in the event of the unavailability of those able to control
and terminate the alarm, persons in the vicinity are exposed to these
loud noises for lengthy, indefinite periods without means of obtaining
relief; that this condition is inimical to the public health and welfare
and to the well-being of persons within the Borough; and that lengthy
emission of alarm signals is not necessary to the legitimate purposes
of the property owner or occupant. The Mayor and Council further finds
that many residents and commercial entities have installed burglar,
fire and other warning devices within their residences or buildings
with the alarm wired to the Police Department, and that numerous false
alarms from said devices requiring police response cause unnecessary
expense to the Police Department and the unproductive diversion of
police personnel and equipment from their public safety function within
the Borough.
The purpose of this chapter is to establish
regulations concerning the operations and maintenance of certain alarm
systems within the Borough of North Haledon and to provide penalties
for violations of any of the provisions set forth herein.
For the purposes of this chapter, the following
terms shall have the meanings indicated:
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 panel located
in police headquarters).
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 purposes of giving visual or audible
warning, or both, of an emergency such as a burglary, intrusion, fire,
smoke, flood or like peril.
A device that emits an audible signal from the premises that
it is designed to protect.
A building which houses a trade, profession or business entity(ies)
and is not used for residential purposes.
[Added 9-16-1992 by Ord. No. 24-1992]
An alarm signal necessitating response by the North Haledon
Police or Fire Department where an emergency situation does not exist.
A building which houses more than 10 individuals for the
purpose of providing living quarters, meals, medical services and
recreation.
[Added 9-16-1992 by Ord. No. 24-1992]
Any natural person, partnership, corporation, association
or other legal entity.
A building which houses one or more persons for the purpose(s)
of providing living quarters for a family.
[Added 9-16-1992 by Ord. No. 24-1992]
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.
A.
It shall be the responsibility of all persons maintaining
an alarm system within the Borough to leave with the Police Department
the name of a person or 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. In lieu thereof, this requirement may be
fulfilled by leaving a tagged key to the premises with the Chief of
Police of the Borough, provided that, in so doing, the owner thereby
releases the Borough of North Haledon and the Police Department from
any claims of damage or loss in connection with said action.
B.
Persons having an alarm device which is 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 activating a false alarm.
A.
Prevention. It shall be the responsibility of all
persons maintaining an alarm system within the Borough to prevent
the transmission of false alarms through a program of training and
periodic inspection and maintenance of the system.
B.
Notification and investigations.
(1)
In the case of a false fire alarm, any person having
knowledge thereof shall immediately notify the Fire Department, in
which case the Fire Chief shall cause an investigation to be made
and be kept on file as a record of the false alarm.
(2)
In the case of all other false alarms, the Police
Chief shall be notified and cause an investigation to be made and
be kept on file as a record of the false alarm.
[Amended 9-16-1992 by Ord. No. 24-1992]
C.
Penalties for false alarms in residential and commercial
buildings.
(1)
For the first, second and third false alarms in any
given calendar year, a warning shall be issued.
(2)
For the fourth through tenth false alarms in any given calendar year, a fine as provided in Chapter 275, Fees, shall be imposed.
(3)
After the tenth false alarm, a fine as provided in Chapter 275, Fees, shall be imposed, and, in addition thereto, an investigation shall be conducted by the Police Department. Where the investigation discloses continued abusive or negligent operation or maintenance of an alarm device and a disregard for the taking of remedial steps to avoid false alarms, the Police Chief may require disconnection of the device for a limited or permanent period; provided, however, that the owner or user of the device shall be given adequate notice of the intended disconnection and shall have an opportunity to show cause before the Mayor and Council why such action should not be taken.
D.
Penalties for false alarms in institutional buildings.
[Added 9-16-1992 by Ord. No. 24-1992[2]]
(1)
For the first, second and third false alarms in any
given calendar year, a warning shall be issued.
(2)
For the fourth through tenth false alarms in any given calendar year, a fine as provided in Chapter 275, Fees, shall be imposed.
(3)
After the tenth false alarm, a fine as provided in Chapter 275, Fees, shall be imposed, and, in addition thereto, an investigation shall be conducted by the Fire Department. Where the investigation discloses continued abusive or negligent operation or maintenance of an alarm device and a disregard for the taking of remedial steps to avoid false alarms, the Fire Chief may require disconnection of the device for a limited or permanent period; provided, however, that the owner or user of the device shall be given adequate notice of the intended disconnection and shall have an opportunity to show cause before the Mayor and Council why such action should not be taken.
[Amended 5-9-1990 by Ord. No. 5-1990[1]]
Any person violating any of the provisions of this chapter, except § 190-6, governing repeated false alarms and penalties therefor, shall, for each offense, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty. 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 this chapter; provided, however, that persons responsible for existing alarm devices shall have 30 days from the effective date of this chapter to provide to the Police Department the information required by § 190-5 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 § 190-4.
