[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River 8-24-2010 by Ord. No. 4287-10.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 159,
Alarm Licensing and Operations, adopted 12-9-2008 by Ord. No. 4168-08.
A.Â
The purpose of this chapter is to encourage alarm users and alarm
companies to properly use and maintain the operation, effectiveness
and proper utilization of alarm systems and to reduce or eliminate
false alarms which may unduly divert law enforcement from responding
to criminal activity.
B.Â
This chapter governs systems intended to summon law enforcement response,
requires registration, establishes fees, provides for penalties for
violations, establishes a system of administration and sets conditions
for suspension or loss of registration.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them, except where the context
clearly indicates a different meaning:
A person or persons designated by the Township to administer,
control and review false alarm reduction efforts and administer the
provisions of this chapter.
A person subject to the licensing requirements and/or a company
engaged in selling, leasing, installing, servicing or monitoring alarm
systems; this person shall be licensed in compliance with Township
ordinances and state laws and regulations.
A permit issued by the Township allowing the operation of
an alarm system within the Township.
A detectable signal, audible or visible, generated by an
alarm system, to which law enforcement is requested to respond.
Any single device or assembly of equipment designed to signal
the occurrence of an illegal or unauthorized entry or other activity
requiring immediate attention and to which law enforcement is requested
to respond. The following are exempt from this chapter: motor vehicle
alarms, boat alarms, fire alarms, domestic violence alarms and alarms
designed to elicit a medical response.
Any person, corporation, limited-liability company, partnership,
proprietorship, governmental or educational entity or any other entity
owning, leasing or operating an alarm system, or on whose premises
an alarm system is maintained for the protection of such premises.
A class conducted for the purpose of educating alarm users
about the responsible use, operation and maintenance of alarm systems
and the problems created by false alarms.
An automatic dialing device or an automatic telephone dialing
alarm system and shall include any system which, upon being activated,
automatically initiates to the Toms River Police Department a recorded
message or code signal indicating a need for law enforcement response.
The process where response is terminated when the alarm company
(designated by the alarm user) notifies the Toms River Police Department
that there is not an existing situation at the alarm site requiring
police response after an alarm dispatch request. If cancellation occurs
prior to police arriving at the scene, this is not a false alarm for
the purpose of civil penalty, and no penalty will be assessed.
The activation of an alarm system through mechanical or electronic
failure, malfunction, improper installation or the negligence of the
alarm user, his/her employees or agents, and signals activated to
summon law enforcement personnel, unless law enforcement response
was canceled by the alarm user or his/her agent before law enforcement
personnel arrive at the alarm location. An alarm is false within the
meaning of this chapter when, upon inspection by the Toms River Police
Department, evidence indicates that no unauthorized entry, robbery
or other such crime was committed or attempted in or on the premises
which would have activated a properly functioning alarm system. Notwithstanding
the foregoing, a false alarm shall not include an alarm which can
reasonably be determined to have been caused or activated by unusually
violent conditions of nature nor does it include other extraordinary
circumstances not reasonably subject to control by the alarm user.
An alarm system that emits a signal at an alarm site that
is audible or visible from the exterior of a structure and is not
monitored by a remote monitoring facility, whether installed by an
alarm company or user.
A twelve-month period beginning on the day and month on which
an alarm permit is issued.
An alarm system that produces repeated alarm signals that
do not appear to be caused by separate human action. The Toms River
Police Department may in its discretion discontinue police responses
to alarm signals from what appears to be a runaway alarm.
The American National Standard Institute (ANSI) approved
Security Industry Association (SIA) CP-01 Control Panel Standard,
as may be updated from time to time, that details recommended design
features for security system control panels and their associated arming
and disarming devices to reduce false alarms. Control panels built
and tested to this standard by a nationally recognized testing organization
will be marked to state: "Design evaluated in accordance with SIA
CP-01 Control Panel Standard Features for False Alarm Reduction."
The Township of Toms River or its agent(s).
An attempt by the monitoring company, or its representative,
to contact the alarm site and/or alarm user by telephone and/or other
electronic means, whether or not actual contact with a person is made,
to attempt to determine whether an alarm signal is valid before requesting
law enforcement dispatch, in an attempt to avoid an unnecessary alarm
dispatch request. For the purpose of this chapter, telephone verification
shall require, as a minimum, that a second call be made to a different
number if the first attempt fails to reach an alarm user who can properly
identify himself or herself to attempt to determine whether an alarm
signal is valid before requesting law enforcement dispatch.
A.Â
Permit required. No person shall use an alarm system without first
obtaining a permit for such alarm system from the Township. A fee
will be required for the initial registration and annual renewals.
Each alarm permit shall be assigned a unique permit number, and the
user shall provide the permit number to the alarm company to facilitate
law enforcement dispatch.
B.Â
Application. The permit shall be requested on an application form
provided by the Township. An alarm user has the duty to obtain an
application from the Township.
C.Â
Transfer of possession. When the possession of the premises at which
an alarm system is maintained is transferred, the person (user) obtaining
possession of the property shall file an application for an alarm
permit within 30 days of obtaining possession of the property. Alarm
permits are not transferable.
D.Â
Reporting updated information. Whenever the information provided
on the alarm permit application changes, the alarm user shall provide
correct information to the Township within 30 days of the change.
In addition, each year after the issuance of the permit, permit holders
will receive from the Township a form requesting updated information.
The permit holder shall complete and return this form to the Township
when any of the requested information has changed; failure to comply
will constitute a violation and may result in a civil penalty.
E.Â
Multiple alarm systems. If an alarm user has one or more alarm systems
protecting two or more separate structures having different addresses
and/or tenants, a separate permit shall be required for each structure
and/or tenant.
The alarm user shall:
A.Â
Maintain the premises and the alarm system in a method that will
reduce or eliminate false alarms.
B.Â
Provide the alarm company the permit number. (The number must be
provided to the communications center by the alarm company to insure
dispatch.)
C.Â
Respond or cause a representative to respond to the alarm system's
location within a reasonable amount of time when notified by the Toms
River Police Department.
D.Â
Not manually activate an alarm for any reason other than an occurrence
of an event that the alarm system was intended to report.
E.Â
Obtain a new permit and pay any associated fees if there is a change
in address or ownership of a business or residence.
A.Â
Any person engaged in the alarm business in the Township shall comply
with the following:
(1)Â
Obtain and maintain the required state and/or Township license(s).
(2)Â
Provide the name, address and telephone numbers of the license holder
or a designee who can be called in an emergency, 24 hours a day, and
be able to respond to an alarm call, when notified, within a reasonable
amount of time.
(3)Â
Be able to provide the most current contact information for the alarm
user.
B.Â
On and after 90 days after enactment of this chapter, alarm installation
companies shall, on all new and upgraded installations, use only alarm
control panel(s) which meet SIA Control Panel Standard CP-01.
C.Â
Prior to activation of the alarm system, the alarm company must provide
instructions explaining the proper operation of the alarm system to
the alarm user.
D.Â
Provide written information of how to obtain service from the alarm
company for the alarm system.
E.Â
An alarm company performing monitoring services shall:
(1)Â
Attempt to verify, by calling the alarm site and/or alarm user by
telephone, to determine whether an alarm signal is valid before requesting
dispatch. Telephone verification shall require, as a minimum, that
a second call be made to a different number if the first attempt fails
to reach an alarm user who can properly identify himself or herself
to attempt to determine whether an alarm signal is valid, except in
the case of a panic or robbery-in-progress alarm, or in cases where
a crime-in-progress has been verified by video and/or audible means.
(2)Â
Provide alarm user registration numbers to the communications center
to facilitate dispatch and/or cancellations.
(3)Â
Communicate any available information about the alarm.
(4)Â
Communicate a cancellation to the law enforcement communications
center as soon as possible following a determination that response
is unnecessary.
A.Â
It shall be unlawful to activate an alarm system for the purpose
of summoning law enforcement when no burglary, robbery or other crime
dangerous to life or property is being committed or attempted on the
premises, or otherwise to cause a false alarm.
B.Â
It shall be unlawful to install, maintain or use an audible alarm
system which can sound continually for more than 10 minutes.
C.Â
It shall be unlawful to install, maintain or use an automatic dial
protection device that reports, or causes to be reported, any recorded
message to the Toms River Police Department.
A.Â
Excessive false alarms/failure to register. It is hereby found and
determined that four or more false alarms within a permit year is
excessive, constitutes a public nuisance and shall be unlawful. Fees
for false alarms within a permit year shall be assessed against an
alarm user as follows:
[Amended 3-25-2014 by Ord. No. 4434-14]
|
Fee Schedule
| ||
|---|---|---|
|
Registration; Number of False Alarms
|
Fee
| |
|
Yearly registration
|
$25
| |
|
Fourth and fifth false alarms
|
$50
| |
|
Sixth and seventh false alarms
|
$100
| |
|
Eighth and ninth false alarms
|
$250
| |
|
Tenth and over false alarms
|
$500
| |
|
Failure to register
|
$100
| |
B.Â
Payment of fees. All fees, except the yearly registration fee, shall
be paid within 30 days from the date of the Township invoice.
C.Â
Discontinuance of law enforcement response. The failure of an alarm
user to make payment of any fees assessed under this chapter within
30 days from the date of the Township invoice shall result in discontinuance
of law enforcement response to alarm signals that may occur at the
premises described in the alarm user's permit until payment is
received. In addition, failure to register and obtain a permit may
result in no law enforcement response to an unregistered alarm.
The Township shall create and implement an alarm user awareness
class and may request the assistance of the area alarm companies to
assist in developing and implementing the class. The class shall inform
alarm users of the problems created by false alarms and instruct alarm
users how to help reduce false alarms. The Township shall have the
option of waiving all or a part of a fee (except the yearly registration
fee), up to a maximum of $150, if the alarm user attends an awareness
class.
A.Â
Appeals process. Assessments of fees and other enforcement decisions
made under this chapter may be appealed by filing a written notice
of appeal with the Toms River Police Department within 10 days after
the date of notification of the assessment of a fee or other enforcement
decision. The failure to give notice of appeal within this time period
shall constitute a waiver of the right to contest the assessment of
a fee or other enforcement decision. Appeals shall be heard through
an administrative process established by the Township Attorney, who
shall act as the hearing officer.
B.Â
Appeal standard. The hearing officer shall review an appeal from
the assessment of a fee or other enforcement decisions using a preponderance
of the evidence standard. Notwithstanding a determination that the
preponderance of the evidence supports the assessment of a fee or
other enforcement decision, the hearing officer shall have the discretion
to dismiss or reduce the fee or reverse any other enforcement decision
where warranted.
In the interest of public safety, all information contained
in and gathered through the alarm registration applications, no-response
records, applications for appeals and any other alarm records shall
be held in confidence by all employees and/or representatives of the
Township, except where otherwise provided by law.
An alarm permit is not intended to, nor will it, create a contract,
duty or obligation, either expressed or implied, of response. Any
and all liability and consequential damage resulting from the failure
to respond to a notification is hereby disclaimed by the Township.
All governmental immunity as provided by law is retained. By applying
for an alarm permit, the alarm user acknowledges that the response
of the Toms River Police Department may be influenced by factors such
as: the availability of police units, priority of calls, weather conditions,
traffic conditions, emergency conditions, staffing levels and prior
response history.
Any person, partnership, limited-liability company, corporation
or other entity who shall violate any provision of this chapter shall,
upon conviction thereof, be subject to the maximum fines and penalties
established under N.J.S.A. 40:49-5, and as same shall be amended from
time to time. Each and every day a violation of this chapter shall
exist shall constitute a separate violation.
