[HISTORY: Adopted by the Township Council
of the Township of Manchester as indicated in article histories. Amendments
noted where applicable.]
[Adopted by Ord. No. 82-210 (Sec. 4-5 of the 1996 Revised General
Ordinances)]
For the purpose of this article, the following
terms, phrases, words, and their derivations shall have the meaning
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular number, and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely
directory.
Any person employed by an alarm business whose duties include
the altering, installing, maintaining, moving, repairing, replacing,
selling, servicing, responding to, or causing others to respond to
an alarm device.
Any business operated by a person for the profit which engages
in the activity of installing, leasing, maintaining, repairing, replacing,
selling, servicing, or responding to an alarm device, or which causes
any of these activities to take place.
The combination of sensory apparatus and related hardware
which, when activated by the appropriate stimulus, produces a signal
making known the existence of an emergency situation normally involving
the criminal act and requiring immediate investigation and response
by a law enforcement agency, alarm agent, or other person or agency.
Refer to an alarm device which automatically sends over regular
telephone lines by direct connection or otherwise, a prerecorded voice
message or coded signal indicating the existence of the emergency
situation that the alarm system is designed to detect.
A communication center receiving signals from an alarm signaling
device which is operated for its subscribers. Such central location
is maintained and supervised on a continuous basis by trained operators
and guards who will take appropriate action upon receipt of an emergency
signal from an alarm signal device including the relaying of such
information directly to the Police Department communications center
and/or the dispatching of guards to the subscriber's premises.
The activation of an alarm device not justified by a real
emergency. Such terminology does not include alarms caused by hurricanes,
tornadoes, earthquakes, or other such conditions.
To connect an alarm system to a voice-grade telephone line,
either directly or through a mechanical device that utilizes a standard
telephone, for the purpose of using the telephone line to transmit
an emergency message upon the activation of the alarm system.
Refers to a telephone-answering service providing, among
its services, the service of receiving on a continuous basis through
trained employees, emergency signals from an automatic dialing service,
and thereafter immediately relaying the message by live voice over
special trunkline to the communications center of the Police Department.
Refers to a signaling system which when activated causes
an audible and/or visual signaling device to be activated in or on
the premises within which the system is installed.
A communication center which receives alarm signals by a
central alarm and is operated by an alarm business for its subscribers.
Such modified central station is not listed by Underwriter Laboratories
(UL).
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Chief of Police of the Township of Manchester, or his
designated representative.
The Police Department of the Township of Manchester.
An alarm device not under contract with an alarm business
for any response to an emergency signal when the alarm is activated.
An alarm signaling system which, when activated by an alarm
device, transmits a signal from an alarm-signaling device to a central
location, other than the Police Department, where appropriate action
is taken to investigate and respond to the signal.
A person who buys, leases, or otherwise obtains an alarm
signaling system and thereafter contracts with or hires an alarm business
to monitor and/or service the alarm device.
The utility that furnishes telephone services to the Township
of Manchester, namely New Jersey Bell Telephone Company.
The Township of Manchester.
A.
Any person engaging in an alarm business in the Township
of Manchester shall, within 30 days after the effective date of this
article, apply to the Police Chief for a license to operate, on a
form to be furnished by the Police Chief. Such application shall be
signed by the individual proprietor of such business or by a partner,
or by the proper corporate official, as is appropriate for the form
of the business seeking the license, and shall include:[1]
(1)
The name, address, and telephone number of the alarm
business, and the type of business organization it is (individual,
partnership, corporation). If the business is an individual proprietorship,
the name, address, and telephone number of the owner; if a partnership,
the name, address and telephone number of each partner. If a corporation,
the names and addresses of the principal officers and stockholders
(any stockholder holding more than 20% of the corporation's authorized
and issued stock), registered agent, and the state where incorporated.
(2)
Description and specifications.
(a)
A description of, and operating specifications
for each alarm device offered to the public, together with a statement
that the device or devices offered, or service or services offered,
comply with the applicable UL standards. An alarm business engaged
in such business in this jurisdiction prior to the effective date
of this article shall have six months to comply with the provisions
herein set forth.
(b)
In those instances where UL has not established standards for categories or equipment or services, the Police Chief may require a certificate by the alarm business that such equipment or services are reliable, safe, and will adequately perform the functions for which they are intended, except as is provided in §§ 89-9 to 89-13.
(3)
A complete list of the names and addresses of any
person or business in the Township to whom or for whom alarm devices
have been sold or installed, or who is under contract to the alarm
business for services, up to the effective date of this article, available
for inspection by the Police Chief during the course of his official
business.
(4)
A complete list of criminal convictions, if any, except
for minor traffic offenses, of the applicant, or a list of criminal
convictions, if any, except for minor traffic offenses, of each partner,
director, officer, or local office manager, if the applicant is other
than an individual.
(5)
A statement that the applicant will file a new description as required in Subsection A(2) above prior to offering any new alarm devices or services to the public.
(7)
All applicants shall be fingerprinted upon their application
for a license to operate in the Township of Manchester. This procedure,
which shall be conducted by the Manchester Township Police Department,
shall apply to all alarm businesses doing business in the Township
and all of their alarm agents in the employ of such business at the
time of application and future alarm agents whose duties shall include
altering, installing, leasing, maintaining, repairing, replacing,
selling, servicing, or responding to an alarm device, or who shall
perform any collateral duty for any such alarm business licensed to
operate within the boundaries of the Township and in accordance with
this article. This section shall apply to all installers who have
access to terminal facilities to the Township Police Headquarters.
(8)
Effective within 30 days from the final passage of
this article, and under no circumstances, shall any alarm business
or alarm agent(s) operate within the confines of the Township without
first having obtained a license to so operate within the municipality.
(9)
The issuance of a license to operate under an alarm
business within the confines of the Township shall not release such
alarm business or its authorized alarm agents from all liabilities,
both civil and criminal, due to negligence or actual intent upon the
part of such alarm business and/or its authorized alarm agents, which
may result in any losses or injuries to persons, subscriber, or otherwise,
as a result of all such actions on the part of the alarm business
and/or its authorized alarm agents. The acceptance of an alarm license
by any alarm business wishing to conduct business within the confines
of the Township shall also be evidence of acceptance for all liabilities,
both civil and criminal, and shall, in addition, serve as a bona fide
contract between the alarm business and the Township and its Police
Department exempting from the action of the alarm business.
C.
Applicants already doing business in the Township
on the effective date of this article may continue to do business
while their license application is being processed. Applicants not
previously doing business in the Township on the effective date of
this article shall not commence doing business until their application
is approved.
A.
The Police Chief shall cause a report on the applicant
to be prepared based on the information contained in the application,
together with such other relevant information as may be obtained pertaining
to the applicant and his business.
B.
On the basis of this report, the Police Chief shall
either approve or deny the issuance of a license. Upon making a decision,
he shall:
(1)
In the case of approval, notify the applicant, in
writing, of the approval.
(2)
In the case of denial, notify the applicant, in writing,
of the denial and the basis for the denial. If the basis for the denial
can be corrected, the writing shall so state and shall explain how
these corrections may be made and set a time limit for making such
corrections. The notice of denial shall inform the applicant that
he may appeal that denial, upon written notice, to the Township Council
within 10 days after receipt of the notice of denial.
(3)
Where the applicant appeals the denial to the Township
Council within the 10 days provided for, the Township Council shall
hold a hearing within 30 days of the receipt of the applicant's request
for appeal. The Township Council shall cause the applicant to be given
notice of the hearing by certified mail at least 14 days in advance
of the date of the hearing. The Township Council shall rule on the
appeal within 14 days after appeal is heard.
A.
B.
No refunds of license fee shall be made.
C.
Licenses shall not be renewed unless the alarm business
first obtains a letter from the Police Chief stating that it has satisfactorily
complied with the terms of this article during the previous year.
A.
In addition to any penalties which may be imposed
for the violation of any provision of this article, the Police Chief
may, pursuant to the provisions of this section, cancel the license
of an alarm business on any of the following grounds:
(1)
Fraud, misrepresentation or false statement in an
application for a license.
(2)
Fraud, misrepresentation or false statement in the
conduct of an alarm business.
(3)
Failure to correct any deficiencies in equipment or
operation after receipt of notice of same from the Police Chief.
(4)
Violation of any other provision of this section.
B.
No alarm business license shall be cancelled until
a hearing is held by the Police Chief. Written notice of the time
and place of the hearing shall be served on the holder of the license
at least 10 days before the date set for the hearing by certified
mail. The notice shall set forth a summary of the grounds advanced
as the basis for cancellation of the license.
C.
At the hearing before the Police Chief, the holder
of the license, or his authorized representative, shall be given an
opportunity to confront and examine any adverse witness, and to present
evidence on his own behalf. After the hearing, the Police Chief shall
either dismiss the complaint, or shall forward the complaint to the
Township Clerk with his recommendation that the license be cancelled.
Within 10 days after receiving such recommendation, the Township Clerk
shall approve or disapprove the recommendation. In either event, the
Township Clerk shall cause the holder of the license to be given notice
in writing of his decision within 10 days after making it.
D.
Any person whose license is canceled pursuant to this
section shall have the right, within 10 days after receiving notice
of the cancellation from the Police Chief, to file a notice of appeal
with the Township Clerk. Such appeal shall set forth in detail the
specific grounds on which it is based. The Township Council shall
hold a hearing on the appeal within 30 days after receipt by the Township
of the request for appeal. The Township Clerk shall provide the appellant
with written notices of the time and date of the appeal within 14
days of the hearing of the appeal.
E.
The licensee shall certify within 10 days of the cancellation
of his license that each subscriber has been notified of the cancellation
of his license and that his services will be discontinued within 30
days of the notification.
A.
No person shall be employed by an alarm business in
the capacity of an alarm agent without first obtaining an identification
card from the Police Chief. Persons so employed on the effective date
of this article shall, within 30 days thereafter, apply to the Police
Chief for such identification card on a form to be supplied by the
Police Chief. Such application shall be signed by the person applying
and shall include:
(1)
The full name, address, and telephone number of the
applicant.
(2)
A complete list of criminal convictions, if any, of
the applicant, except for minor traffic offenses.
(3)
The applicant's fingerprints.
(4)
Two one-and-one-half-inch-by-one-and-one-half-inch
photographs of the applicant.
(5)
The name of the alarm business by whom the applicant
is or will be employed if the application is approved.
A.
The Police Chief shall cause a report on the applicant
to be prepared based on the information contained in the application
together with such other relevant information as may be obtained pertaining
to the applicant. No identification card shall be issued if:
B.
If the application is approved, the Police Chief shall
cause an identification card to be issued to the applicant.
C.
If the application is denied, the Police Chief shall
notify the applicant, in writing, of the denial and of the basis for
the denial. The notice of denial shall inform the applicant that he
may appeal the denial and set forth the procedure for appeal. The
procedure for appeal shall be as follows:
(1)
Within 10 days after receipt of the notice of denial,
the appellant shall file a notice with the Township Council stating
the basis for the appeal.
(2)
Within 30 days after receipt of the notice of appeal,
the Township Council shall hold a hearing on the appeal. The Township
Council shall provide the appellant with written notice of the time
and date of the appeal at least 14 days prior thereto. The Township
Council shall rule on the appeal within 14 days of the hearing thereof.
A.
Identification cards shall contain a recent photograph
of the applicant, date of issue, the applicant's signature, a statement
that the card is valid for only one year from the date of issue, and
such other information as the Police Chief may in his discretion require.
All identification cards shall be consecutively numbered. It shall
be a violation of this article for the applicant not to return an
identification card to the issuing agency upon termination.
B.
Upon termination of employment with a Township-licensed alarm business, an alarm agent shall surrender his or her identification card to the alarm business immediately. The alarm business shall forward the identification card to the Police Chief within five days after the termination of such employment by the alarm agent. Failure to comply with this section of this article by either party shall be cause for the Police Chief or his representative to sign a complaint against the alarm business or alarm agent so violating this section. Upon a finding of guilty by the Municipal Court of the Township, the guilty party shall be subject to the fines and penalties described in Chapter 1, Article II, General Penalty.[1]
A.
Persons owning or leasing an automatic alarm device
may have the device keyed to a telephone line transmitting directly
to:
B.
Automatic alarm devices may also be keyed in multiple
to another telephone available to the owner or lessee of the device,
or their designated representative, at another location.
A.
Within 45 days after the effective date of this article,
every alarm business who has interconnected any automatic alarm device
in the Township to a special trunkline or a telephone line serviced
directly by the telephone company operators shall maintain a current
list of such installations for inspection by the Police Chief in the
course of his official duties. The list shall include:
(1)
The name, home address and telephone number of the
device's owner or lessee.
(2)
The address of the location where the device is installed
and the telephone number at that location.
(3)
The name and telephone number of at least one other
person who can be reached at any time, day or night, and who is authorized
to respond to an emergency signal transmitted by the automatic alarm
device, and who can open the premises wherein the device is installed.
Such lists shall be updated upon any change.
B.
Every 30 days after the last date on which the initial
list was prepared, every alarm business shall supply the Police Chief
with a supplemental list of additional installations, along with any
corrections or deletions from previous lists.
C.
Any alarm business entering into operations within the Township after the effective date of this article who interconnected any automatic alarm devices as provided in Subsection A shall, within 45 days after making its first such installation, furnish the Police Chief with a list of installations as provided in Subsection A. Such alarm business shall also supply the Police Chief with supplemental lists as provided in Subsection B.
Automatic dialing devices installed on any premises
within the Township that will be responded to by members of the Police
Department shall meet the following minimum standards, as determined
by the Police Chief; and such standards may from time to time be modified
by the Police Chief:
A.
The contents of the recorded messages to be transmitted
by the device must be intelligible and in a format approved by the
Police Chief as appropriate for the type of emergency being reported.
All such messages shall be subject to review prior to the beginning
of any such installation.
B.
No device shall deliver an emergency message to the
Police Department more than three times as the result of a single
stimulus of the alarm device.
D.
The time gap between delivery of each message must
fall in the range of from 10 to 12 seconds.
E.
All such devices shall be capable of transmitting
an emergency message to two or more separate locations, so that, upon
activation, any message may be sent not only on a special trunkline
or a telephone line serviced directly by telephone company operators,
but also a location where an authorized person is available to respond
to the emergency message, and to open the premises on which the device
is installed.
F.
Every reasonable effort shall be made so that the
sensory apparatus and hardware comprising such devices shall be adjusted
to minimize false alarms.
G.
The sensory apparatus and hardware comprising such
devices shall be maintained by the owner or lessee in such physical
condition that false alarms will be minimized. Alarms displaying trouble
signals to the Township monitoring equipment must be repaired within
24 hours after receiving notice from the Police Department that such
trouble signal is being received.
A.
Every alarm business selling or leasing to any person
an automatic dialing device which is installed on such person's premises
in the Township after the effective date of this article shall furnish
that person with instructions detailing how the device operates, along
with a maintenance manual.
B.
Every alarm business installing a device, as referred to in Subsection A, shall also furnish the Police Chief with the information required in Subsection A if such device is interconnected to a telephone line serviced directly by telephone company operators. If the Police Chief finds such information to be incomplete, unclear, or inadequate to explain how the device operates and is constructed, he may require the alarm business to revise the information to meet his approval, and then to distribute the revised information to persons who have such devices installed as well as to persons who may subsequently have such devices installed.[1]
C.
Every alarm business selling or leasing to any person
an automatic alarm device which is installed on such person's premises
in the Township after the effective date of this article shall provide
or make available at all times service to repair such device should
it malfunction, and shall furnish to the person buying or leasing
such device written information concerning how service may be obtained
at any time, including the telephone number to call for service.
D.
Every alarm business shall provide ready repair service
upon notification of an alarm breakdown within 24 hours of such notification,
regardless of whether the alarm business is located outside of the
boundaries of the Township or within the Township. Failure to comply
with this provision shall result in revocation of the license.[2]
E.
It shall be incumbent upon the alarm business or its
authorized agent to notify the telephone company of all costs assumed
by the alarm business or subscriber.
Any business or financial institution that is
required by the regulation of a federal government agency issued pursuant
to the Bank Protection Act of 1968, as amended, to have installed
on their premises appropriate alarm devices for notifying the Police
Department that a burglary or robbery is occurring, may have an alarm
device installed to operate in the following way:
A.
By transmission of the emergency signal through an
intermediary alarm business. The alarm device may be connected by
a signal line to a central station, modified central station, or a
licensed answering service. Any alarm agent on duty at such an intermediate
location who receives an emergency signal indicating that a burglary
or robbery is occurring in such an institution shall immediately report
the signal to the Police Department, by direct line in case of a central
station, or by a special trunkline if a modified central station or
a licensed answering service, using a number designated by the Police
Chief.[2]
In addition to any other requirements imposed
by this article, an alarm business shall not be granted a license
to operate on all or part of its services, a central station serving
central alarms, unless the Police Chief finds that the central station,
if operated, will meet the following minimum requirements:
A.
Compliance with "Standard for Central Station Burglar
Alarm Units and Systems," (UL 611-1968) issued by Underwriters' Laboratories,
Inc. or American National Standards Institute (ANSI) (2.2, 1971) and
any later edition of these standards that may be issued. Such standards
are hereby adopted and made a part of this article, and a copy of
the most recent standards shall be kept on file at the Police Department
and be available for public inspection. The service provided may correspond
to any of the several grades of service listed in the standard, but
in no event shall the owner, claim agent, or other person in responsible
control of the location wherein such system is located be present
longer than one hour at such location, after being requested to do
so by a representative of the Police Department. Such person shall
inspect the alarm system after each activation to insure proper operation.
B.
Proof of compliance to part of this section shall be provided, in writing, from the alarm business through its legal representative to the Police Chief specifying the minimum acceptable standards pertaining to central stations as outlined in Subsection A above. Such written proof shall not preclude, but shall be in addition to physical inspecting of the premises and equipment by the Police Chief or his representative and shall further be in addition to and in support of §§ 89-18 and 89-19.
In addition
to any other requirements imposed by this article, an alarm business
shall not be granted to operate on all or parts of its services a
modified central station servicing central alarms, unless the Police
Chief finds that the modified central station, if operated, will meet
the following minimum standards:
A.
The premises from which the services are performed
must meet any applicable fire regulations.
B.
The premises from which the services are performed
must be secured in a manner approved by the Police Chief to prevent
entry by unauthorized persons.
D.
As soon as possible after notifying the Police Department,
the operator concerned shall notify the subscriber involved of such
action and the nature of the emergency message received.
E.
The modified central station shall certify that all
equipment supervised by the modified central station shall be tested
at least every 60 days. Where a test result is unsatisfactory, the
cause thereof shall be corrected within 24 hours unless circumstances
exist that make such corrections impossible.
F.
Proof of compliance to this section shall be provided, in writing, from the alarm business through its legal representative to the Police Chief specifying the minimum acceptable standards pertaining to central stations as outlined in this section. Such written proof shall not preclude, but shall be in addition to any physical inspection of the premises and equipment by the Police Chief or his representative and shall further be in addition to and in support of §§ 89-18 and 89-19.
In addition to any other requirements imposed
by this article, an alarm business shall not be granted to operate
on all or part of its services a licensed answering service servicing
central alarms, unless the Police Chief finds that the licensed answering
service, if operated, will meet the following minimum standards:
A.
The premises from which the services are performed
must meet any applicable fire regulations.
B.
The premises from which the services are performed
must be secured in a manner approved by the Police Chief to prevent
entry by unauthorized persons.
D.
Emergency messages from automatic alarm devices shall
be given priority over all other messages received by the answering
services.
E.
All operators shall be trained to handle emergency
messages.
F.
As soon as possible after notifying the Police Department,
the operator concerned shall notify the subscriber involved of such
action and the nature of the emergency message received.
G.
All subscribers of a licensed answering service shall
be required by the service to cooperate in a test of its alarm devices
at least once every 60 days to determine if the device is working
properly. The answering service shall certify that the test requirements
have been fulfilled. Unsatisfactory test results shall be reported
promptly, in writing, to the subscriber and the Police Department.
Until the device in question is again working properly, it shall be
disconnected.
H.
Proof of compliance to this section shall be provided, in writing, from the alarm business through its legal representative to the Police Chief specifying the minimum acceptable standards pertaining to central stations as outlined in this section. Such written proof shall not preclude, but shall be in addition to any physical inspection of the premises and equipment by the Police Chief or his representative and shall further be in addition and in support of §§ 89-18 and 89-19.
Local alarms and systems in addition to any
other requirements imposed by this article, if operated in this jurisdiction,
shall meet the following requirements:
A.
Compliance with UL Standard (609-1971) and ANSI Standard
(2.1-1972), as amended.
A.
For the purpose of enforcing the provisions of this
article, the Police Chief shall have the authority, at reasonable
times and upon oral notice, to enter any premises in the Township
of Manchester to inspect the installation and/or operation of any
alarm device or alarm business on official police business.
B.
If such inspection reveals any violation of the provisions
of this article, a written report detailing such violations shall
be promptly sent to the Township Clerk and to the owner, lessee, or
other person responsible for the alarm device or business in violation
of this article. Such report shall require the correction within 10
days after receipt of the violation discovered, and shall state that
a failure to comply may result in the revocation of the alarm business's
license to operate, or in the permanent disconnection of the alarm
device in question.
In addition to any other information that may
be required to be supplied by the provisions of this article, the
Police Chief may require an alarm business to furnish him with certain
statistical data which may be reasonably obtained relative to specified
periods of operation after the effective date of this article. Any
operational data so furnished shall be for use only by the Township
Clerk, Police Chief, and the Police Department.
A.
No alarm devices designed to transmit emergency messages
directly to the Police Department shall be tested or demonstrated
without first obtaining permission from the Police Chief.
B.
Permission is not required to test or demonstrate
alarm devices not transmitting emergency messages directly to the
Police Department unless the messages are to be relayed to the Police
Department. However, testing of all equipment maintained by the alarm
business shall require such permission prior to testing.
When an alarm business's service to its subscribers
is disrupted for any reason, the alarm business shall promptly notify
its subscriber and the police by telephone that protection is no longer
being provided.
[Adopted by Ord. No. 99-028 (Sec. 3-14 of the 1996 Revised
General Ordinances)]
The purpose of this article is to establish
violations and penalties for activating false alarms within the Township
of Manchester.
As used in this article, the following terms
shall have the meanings indicated:
Any alarm activated by inadvertence, negligence, the unintentional
act of someone other than an intruder or the malfunction of the alarm
equipment, not due to an act of God (storm, power outage, etc.).
The Police Department shall record the date
and location of each false alarm.
Any person, corporation, partnership or other
entity who owns or controls a fire, burglary or other similar alarm
or device in the Township of Manchester which causes three false alarms
in any calendar year shall be deemed in violation of the provisions
of this article for each false alarm thereafter.
A.
Commercial and business. The following penalties shall
be applicable as a result of excessive false alarms in a single calendar
year.[1]
B.
Residential. The following penalties shall be applicable
as a result of excessive false alarms in a single calendar year.[2]
C.
Each violation of a false alarm shall be a separate
offense.
No person shall conduct any test or demonstration
of any alarm without having first obtained approval from the Chief
of Police.
The Township reserves the right to change, modify
or increase by ordinance the fees herein prescribed or the penalties
herein prescribed.
