[HISTORY: Adopted by the Board of Commissioners of the Township of Nutley 12-19-1978 by Ord. No. 1948; amended in its entirety 6-7-1990 by Ord. No. 2316 (Ch. 69 of the 1978 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 57.
Police Department — See Ch. 131.
Fire prevention — See Ch. 344.
[Amended 3-7-2000 by Ord. No. 2613]
The purpose of this chapter is to provide standards and regulations for various types of intrusions, burglar, fire and other emergency alarm devices, whether direct line, radio, telephone or other means, actuating a device at the Police Department or any local alarm which when actuated produces an alarm not connected to the Police Department and requiring a response thereto by the Police Department, Fire Department or other municipal agencies.
The provisions of this chapter shall apply to any person, firm or corporation who operates, maintains or owns any alarm device or local alarm designed to summon the Police Department, Fire Department or other municipal agencies 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 sources to other offices within the Township of Nutley, as long as such activity is not connected to the alarm console at Nutley police headquarters; except however, that any person, firm or corporation having a premises protected by an alarm device shall still be responsible for the registration thereof in accordance with § 206-9A[1] without fee.
[1]
Editor's Note: Incorrect reference; § 206-9 was amended 8-5-2003 by Ord. No. 2792 and Subsection A no longer exists.
[Amended 3-7-2000 by Ord. No. 2613]
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 audio response, or both, and located within the confines of the Police Department of the Township of Nutley.
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
A member of the Fire Department of the Township of Nutley.
DIAL ALARM
That type of equipment arranged to automatically transmit a voice or coded signal to the Public Safety Communications Center through commercial facilities and shall have available a separate unlisted telephone or mechanical device to receive such signals.
FALSE ALARM
Any alarm actuated by inadvertence, negligence or unintentional act of someone other than an intruder and shall include as well as 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 a store burglar alarm, car alarm or any alarm actuating a bell device or any type of audible noise.
PERMITTEE
Any person owning an alarm device or a local alarm within the scope of this chapter.
PERSON
Deemed to include any natural person, partnership, corporation or association.
[Amended 8-5-2003 by Ord. No. 2792]
A. 
There is hereby established a police/fire alarm console license, which shall be granted upon recommendation of the Deputy Fire Chief of the Nutley Fire Department as set forth in § 206-5 of this chapter. Any such licenses shall have exclusive use and control of the alarm console except for use by the Police/Fire Department of the Township of Nutley, and such licensee will be responsible, at no cost to said Township, for the establishment, construction and installation of said console containing equipment and being of a design approved by the Director of Public Safety and the Deputy Fire Chief of the Nutley Fire Department and for the care and maintenance and management thereafter of said console; said licensee shall locate said console and relocate said console, if necessary, under the supervision of the Deputy Fire Chief of the Nutley Fire Department, at no cost to the Township of Nutley. For any such license granted hereunder, the licensee will assume all liability and agree to indemnify and save harmless the Township of Nutley, its agents and the Nutley Police/Fire Department for any acts in conjunction with or by the operation of said police/fire alarm console, and, in conjunction herewith, he shall furnish annually to the Township Clerk an insurance certificate indicating coverages as follows: liability, not less than $100,000; property damages, $25,000; and product liability, $25,000. This insurance certificate shall also show the Township as an additionally insured principle.
B. 
Any connection to the police/fire alarm console shall be a type inspected and approved by the Deputy Fire Chief of the Township of Nutley or his designated representative, and any person aggrieved by said decision may appeal said decision, in writing, within 10 days to the Director of Public Safety.
C. 
The licensee for the police/fire alarm console shall be permitted to charge subscribers a maximum installation fee of $100 and a maximum monthly retainer or maintenance fee of $20. Any increase in the fee must be approved by the Township of Nutley Board of Commissioners by resolution after requested by the Deputy Fire Chief. No fee shall be charged to the Township of Nutley or the Board of Education of said Township 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 with no maintenance charge for alarms connected from the municipal offices.
D. 
Any building required to be connected to an alarm console pursuant to any federal, state or local regulations must arrange to automatically and directly transmit a signal to the Public Safety Communications Center. The Deputy Fire Chief in order to protect the safety of the public and fire fighters shall require any person pursuant to federal, state or local regulations owning or operating any building except one- and two-family residences to arrange to automatically and directly transmit a signal to the Public Safety Communications Center.
A. 
Prequalification. Persons desiring a bid for said license shall make application to the Township Clerk, with which application shall disclose whatever information may be required by the Township of Nutley concerning the ability of the proposed applicant to comply with the requirements of this chapter and shall indicate, in any event, that:
(1) 
Said licensee has satisfactory financial and personal references indicating his or its ability to comply with the terms of this chapter.
(2) 
Said licensee has an office with adequate personnel available on a twenty-four-hour basis to service said equipment.
B. 
The Township Clerk shall designate the time and place for receiving sealed bids by those eligible to submit bids as set forth in Subsection A above, which bid shall indicate the bond and other requirement of this chapter and the maximum installation and monthly charges prescribed by this chapter or a lesser amount. Upon the return of the sealed bids, the Board of Commissioners may award said license to the person whose bid, taken as a whole, is the most advantageous to both the subscribers to the system and to the Township of Nutley from a cost standpoint, and, in conjunction therewith, the Board of Commissioners reserves the right to reject any and all bids.
A. 
Any person, firm or corporation which owns or operates a police alarm device or a local alarm shall make application for the continuance thereof, in writing, to the Deputy Fire Chief of the Nutley Fire Department, which application shall contain at least the location of the device, the type of device, provisions relating to false alarms and testing procedures, a list of persons to be contracted in the event of an alarm and other information as may be required by the Deputy Fire Chief of the Township of Nutley.
[Amended 8-5-2003 by Ord. No. 2792]
B. 
Any permit granted hereunder shall be accepted upon the express condition that the permittee shall indemnify and hold the Township of Nutley 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 Township of Nutley.
[Amended 8-5-2003 by Ord. No. 2792]
The Township of Nutley shall be under no duty or obligation to any permittee hereunder or to any alarm console licensee hereunder, the alarm console and allied equipment being maintained at will and subject to termination at any time by cancellation of the system by resolution duly adopted by the Board of Commissioners upon recommendation of the Deputy Fire Chief, provided that 30 days' notice is given, in writing, to said permittee by certified mail.
A. 
All fire alarm devices shall be installed in accordance with the requirements of the Deputy Fire Chief or his designee and the consent of the Police Chief of the Township of Nutley.
[Amended 8-5-2003 by Ord. No. 2792]
B. 
Any licensee for the alarm console and any permittee utilizing the service of any other alarm company connected to said console shall provide for a representative to be on call at all times, and such services shall be provided immediately when necessary after notification by the Police Department or Fire Department of any malfunction on any equipment.
[Amended 3-7-2000 by Ord. No. 2613]
C. 
In the case of police false alarms, the Chief of Police shall cause an investigation to be made and keep a record of said alarms on file. In the case of fire false alarms, the Fire Manager shall cause an investigation to be made and keep a record of said alarms on file. For such false alarms, the Board of Commissioners prescribes the following penalties:
[Amended 3-7-2000 by Ord. No. 2613]
(1) 
For the first and second false alarm in any given calendar year, a warning shall be issued.
(2) 
For the third false alarm in the same calendar year, a fine of $25 shall be paid to the Municipal Court of the Township of Nutley.
(3) 
For the fourth and subsequent false alarms, a fine of $50 shall be paid to the Municipal Court of the Township of Nutley.
[Amended 8-5-2003 by Ord. No. 2792]
The Deputy Fire Chief may from time to time promulgate rules and regulations supplementing this chapter in order to provide for recordkeeping and efficient management of said system; provided, however, that the Director of Public Safety must first approve said rules or any charges thereto.
Any person, firm or corporation found guilty in the Municipal Court of the Township of Nutley for violation of the terms of this chapter shall be subject to a fine of not more than $500 or imprisonment for a period not exceeding 90 days, or both.
Any moneys remitted to the Township of Nutley pertaining to the operation, installation, licensing and associated maintenance of the alarm console shall be placed in the Nutley Fire Department Operating and Equipment Budget.