[HISTORY: Adopted by the Bloomfield Council
of the 2-18-2004 by Ord. No. 04-06. Amendments noted where applicable.]
The purpose of this chapter is to provide minimum
standards and regulations for the use of privately installed emergency
alarm systems, to establish permit and registration procedures to
facilitate emergency responses of the Township Police and Fire Departments,
to establish fees and penalties for violation and to create an administrative
apparatus. The provisions of this chapter shall apply to any person
who operates, maintains or owns any alarm device or local alarm that
is designed to summon the Police Department, Fire Department or other
municipal agency to any location in response to any type of alarm
signal.
As used in this chapter, the following terms
shall have the meanings indicated:
Any mechanism designed to actuate the alarm console.
The installation in one or more buildings, residential or
otherwise, of one or more alarm devices or local alarms to provide
visual or audible warnings, or both, of an emergency, such as unauthorized
intrusion, fire, smoke, flood or similar hazard requiring urgent attention.
Alarm system shall not include:
An alarm installed on or in a vehicle, unless
the vehicle is permanently located at a site; nor
An alarm designed to alert only the inhabitants
of a single-family residential premises or residential unit and not
designed to be seen, heard or communicated to a third person outside
of the particular premises or unit.
Alarm equipment that emits an audible signal at the premises
that it is designed to protect.
The Chief of Police of the Township of Bloomfield or the
Chief's designee.
Alarm equipment that employs an automatic dialing system
programmed to connect with the police headquarters' telephone and
emit a prerecorded voice message.
A unit or premises occupied or intended to be occupied for
residential purposes by a single family.
An alarm device or dial alarm actuated for which there is
no evidence of an emergency or for which there exists evidence of
an equipment failure or evidence of inadvertence on the part of any
permittee, agents, servants and employees requiring a response by
police, fire or other municipal agency. False alarms shall include
actuations caused by malfunctioning of the alarm device, dial alarm
or other relevant equipment but shall not include alarm actuations
caused by natural forces or other extraordinary circumstances not
subject to control by the permittee.
Any mechanism, other than a dial alarm, that constitutes
in whole or in part an alarm system that is not connected with and
is not designed to actuate the police alarm console, including any
alarm or device which, when actuated, produces an audible signal,
such as store burglar alarms actuating bell devices.
A person in possession of premises in or upon which an alarm
system has been installed.
A person to which a permit has been issued in accordance with § 116-5 to install, operate or maintain an alarm system that includes one or more alarm devices.
Any person as defined in § 1-16 of this Code.
A.Â
No person shall install, maintain, use or cause to
be used any alarm system within the Township unless a permit therefor
has been issued by the Chief in accordance with the provisions of
this chapter.
B.Â
Every permit issued for an alarm system shall expire
on December 31 of the year in which it is issued. No person shall
use an alarm system during any period when the permit has expired
or is suspended.
C.Â
With each permit, the applicant must provide a list
of three persons to be contacted in the event of an actuation. This
contact person(s) must respond within 30 minutes of contact.
D.Â
Local alarm systems with exterior audible alarms are
permitted if the device is equipped with an automatic alarm shutoff
after 10 minutes.
E.Â
Dial alarms shall be permitted only if designed to
dial three successive times for the purpose of leaving a message no
longer than three minutes in length.
F.Â
All alarm devices shall be installed in accordance
with the requirements of N.J.A.C. 5:23 et seq., the New Jersey Uniform
Construction Code. All fire alarm devices shall be installed with
the approval of the Fire Official and in accordance with N.J.A.C.
5:70, the New Jersey Uniform Fire Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.Â
The initial fee for alarm system permits shall be
$25 for all private alarm systems, including warning and sounding
devices. The annual fee for all subsequent years shall be $5.
[Amended 9-6-2005 by Ord. No. 05-22]
B.Â
The fee shall not be prorated by reason of the date
upon which an application is filed, but the fee shall be refunded
to the applicant in the event that a permit is not issued.
The Chief shall issue a permit for an alarm
system unless the Chief concludes that the system covered by the application
does not meet the applicable standards of this chapter. A copy of
each permit should be forwarded to the Bureau of Fire Prevention by
the Chief. Whenever the Chief shall refuse to issue a permit, the
Chief shall advise the applicant, in writing, of the reason or reasons
for refusal. Registration shall be required for each alarm system
within the Township on the effective date of this chapter. Users of
alarm systems in place on that date shall complete the registration
form within 30 days after this chapter takes effect.
A.Â
Any person utilizing an alarm system shall complete
and file with the Chief a registration form, which may be obtained
from the Police Department, correctly containing the following information:
(1)Â
Full name, address and telephone number of the applicant,
including an address description which will permit the appropriate
municipal department to respond to the alarm.
(2)Â
Common name of the alarm premises.
(3)Â
Name and address of the person installing, maintaining
and/or owning the alarm system.
(4)Â
Description of the alarm system's operation, including,
not by way of limitation, activation points of the alarm system and
the mechanism or mechanisms by which the alarm system becomes activated.
(5)Â
Name, address and telephone number of the person monitoring
and initially responding to an activation of the alarm system.
(6)Â
Name, address and telephone numbers of three responsible
persons other than the permittee to be contacted in case of alarm
and/or malfunction, commonly referred to as "key-holders." The Chief
may grant waivers if they determine three key-holders cannot be provided
by the permittee.
(7)Â
Any additional relevant information specifically requested
by the Chief.
(8)Â
Provisions relating to false alarms and testing procedures.
B.Â
If there has occurred any material change in the information
previously submitted with respect to any alarm system by the alarm
user, it shall be the duty of the alarm user, within 10 days of such
material change, to file a supplemental or revised registration form
containing accurate current information. Failure to comply with these
provisions will be deemed a violation of this chapter and subject
the violator to the penalties contained herein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All permits for alarm systems shall be issued
upon the following terms and conditions:
A.Â
A permit shall be issued for each separate improved
property, store, building or facility, and no permit shall be transferred
or assigned in any manner.
B.Â
Every permittee shall be subject to the rules and
standards set forth in this chapter.
C.Â
If an alarm system is disconnected, the permittee
shall give written notice to the Police Department within seven days
of such disconnection. Any permittee who fails to give the notice
required under this subsection shall be subject to the penalties contained
herein.
Any permit issued for an alarm system may be
suspended by the Chief if it appears that:
A.Â
The permittee has failed to comply with the terms
and conditions of the permit or has failed to comply with rules or
standards promulgated by the Chief concerning alarm systems.
B.Â
The permittee or their agents knowingly installed
or maintained a faulty alarm system.
C.Â
The permittee or their agents failed to comply with
a request by the Chief to render necessary services to a faulty alarm
system within 36 hours after such request was made or failed to disconnect
such alarm system that has not been repaired. Five false alarms within
any calendar year shall constitute prima facie evidence that an alarm
system is faulty.
D.Â
In the event that the Chief shall determine that a
permit for an alarm system shall be suspended by reason of the provisions
of this section, the Chief shall notify the permittee of the suspension
in writing, by certified mail, to the last-known address, setting
forth the reason or reasons for the suspension.
E.Â
A suspension shall be terminated by the Chief when
the Chief is satisfied that the conditions stated in the notice of
suspension have been corrected.
Any unauthorized alarm system or equipment shall
be disconnected by the Chief or their designated representative for
noncompliance with this chapter, and any person installing or maintaining
unauthorized alarm system equipment shall be prosecuted for violation
of this chapter, and each day such equipment is in operation shall
be considered a separate violation.
Any person aggrieved by the action of the Chief
in the denial or suspension of a permit for an alarm system shall
have the right of appeal to the Township Administrator. The appeal
shall be taken by filing with the Township Administrator, within 10
calendar days after the notice of action complaint has been mailed
to the person's last-known address, a written statement setting forth
fully the grounds for appeal. The Township Administrator shall set
a time and place for hearing of the appeal, and notice of the hearing
shall be given to the appellant by certified mail to the appellant's
last-known address at least five calendar days prior to the date set
for hearing. The decisions of the Township Administrator and the reasons
therefor shall be set forth in writing by the Township Administrator.
A.Â
In the case of a false alarm, any permittee or their
agent or representative having knowledge thereof shall immediately
notify the Township Police Department.
B.Â
Where a permittee or their agent or representative
notifies the Township Police Department within 60 seconds of the activation
of the alarm, the actuation shall not be deemed to be a false alarm
for the purpose of imposing penalties upon the permittee.
C.Â
The Chief shall cause an investigation to be made
of all false alarms and a record of such false alarms kept on file.
For the first, second and third false alarms in any given calendar
year, a warning shall be issued. When a particular premises in or
upon which an alarm system is installed which is subject to control
by the occupant experiences three false alarms within a period of
one year, the Township Council prescribes the following penalties:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)Â
A fine of $100 shall be paid to the Township for every
Police or Fire Department response to an alarm actuation at that premises
for the fourth false alarm to be paid by the registrant or permittee.
Payment of said fine shall be due and owing no later than 15 days
following the date of the response.
(2)Â
A fine of $200 for each false alarm over four false
alarms shall be levied against the registrant, permittee or person
that installed the alarm system if the false alarm is the responsibility
of that person. For the purpose of this paragraph, no alarm actuations
during the thirty-day period immediately following installation of
the alarm system shall be deemed to be false alarms.
D.Â
Where the investigation of the Police Department discloses
the failure of a permittee to take remedial steps to prevent false
alarms, the Chief may require said permittee to disconnect the alarm
system, provided that no permit shall be revoked or suspended without
giving the permittee an opportunity to show cause before the Township
Administrator why such action should not be taken.
Neither the Township nor the Police Department
shall assume any responsibility whatsoever with respect to the adequacy,
operation or maintenance of any alarm system. No action taken by the
Township or the Police Department pursuant to the provisions of this
chapter shall create any liability upon the Township or the Police
Department by reason of any failure of any alarm system, any failure
to respond to any emergency or any act or omission relating to any
alarm system.
By installing an alarm system and registering
same with the Township, each alarm user agrees to indemnify and hold
harmless the Township, its agents, servants and employees from and
against all claims, suits, damages, costs, losses and expenses and
to release the Township, its agents, servants and employees from any
and all liability or damages in any way resulting from or arising
out of or connected with the installation, operation or maintenance
of the alarm system or any act or omission connected therewith.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Chief may from time to time promulgate written
rules and regulations supplementing this chapter to provide for recordkeeping
and efficient management of the system, provided that no such rules
and regulations shall be effective until the Township Council shall
first approve such rules and regulations, or any amendments thereto,
by appropriate resolution.
Any person found guilty in the Municipal Court of the Township for violation of the terms of this chapter other than for violating the terms of § 116-11, which provides specific penalties for violations thereof, shall be subject to the penalties in § 1-15 of the Code. Responsibility for enforcement of the provisions of this chapter, including but not limited to fines, disconnections, summons and permit suspensions shall be the Police Department, Construction Official or Fire Official.
