The purpose of this chapter is to provide standards
and regulations for the various types of intrusion, burglar, fire
and other emergency alarm equipment requiring response thereto by
the Police Department, Fire Department or any other township agency.
The provisions of this chapter shall apply to
alarm businesses and to any person who owns, operates or maintains
an alarm system as defined herein.
As used in this chapter, the following terms
shall have the meanings indicated:
AGENT
Any person, or entity, authorized by another person or entity
to act on behalf of or for such party; or any person or entity entrusted
with another's business or one who represents and acts for another
under any agency relationship; or any business representative whose
function it is to bring about, modify, affect, accept performance
of or terminate the contractual obligations on behalf of another;
or anyone whom another, either intentionally, by want of ordinary
care or by his manifestations, induces third persons into believing
that said person or entity is the agent of the other.
ALARM BUSINESS
Any business operated by a person for a profit which engages
in the activity of selling, leasing, installing, servicing, repairing
or responding to an alarm system or which causes any of these activities
to take place.
ALARM CONSOLE
The approved control panel of devices located within the
East Hanover Police Department which gives a visual or audible response,
or both, to a signal from any alarm system.
ALARM SIGNAL
Any signal produced by an alarm system to indicate the presence
of an emergency and to which the Police Department or Fire Department
may be expected to respond.
ALARM SYSTEM OR DEVICE
Any equipment designed to signal the presence of an emergency
to which the Police Department or Fire Department may be expected
to respond. The term "alarm system or device" shall include the terms
"dial alarm system," direct alarm system," "digital communicator"
and "local alarm system," as those terms are defined herein.
CONSOLE CONTRACTOR
The person under contract with the Township of East Hanover
to install, operate and maintain the alarm console.
DIAL ALARM SYSTEM
Any alarm system that automatically or electronically selects
a telephone trunk line of the Police Department or Fire Department
and then delivers a signal or prerecorded message.
DIGITAL COMMUNICATOR
The device or devices that can be connected to a dial alarm
system which enable that system to deliver a signal to the police
alarm console via nondedicated telephone lines.
DIRECT ALARM SYSTEM
Any alarm system connected directly by leased telephone lines
from a specific location to the alarm console.
EMERGENCY
A robbery, burglary, theft, fire or other peril that is occurring,
is about to occur or has just occurred.
EMPLOYEE
Anyone employed by another party having charge of any activities,
acts or business of the party for whom he is employed; or any person
working for salary or wages paid, or to be paid, by the employer;
or any person performing services for another who is subject to the
control and direction of that party in the performance of said services.
FALSE ALARM
Any signal produced by an alarm system, by inadvertence,
negligence, malfunction, improper installation or the act of a person,
other than to signal the presence of an actual emergency. This shall
not include trouble alarms.
INDEPENDENT CONTRACTOR
One who, exercising an independent employment, contracts
to do work according to his own methods and without being subject
to the direct control of the party for whom he is performing such
services, except as the result of the work being performed; or anyone
who has the right to employ and direct the action of other workmen
independently of the party for whom the services are being performed
and is, himself, freed from any superior authority to specify how
the work shall be done or what the laborers shall do as it progresses.
LOCAL ALARM SYSTEM
Any alarm system producing an audible or visible signal designed
to be heard or seen by persons outside the protected area, but shall
not include alarm systems connected solely within a properly registered
motor vehicle.
PERMITTEE
Any person who owns or maintains an alarm system and has
obtained a permit in accordance with the provisions of this chapter.
PERSON
Any individual, partnership, corporation, association or
any other private or business entity.
SUBSCRIBER
A permittee whose alarm system stimulates a response by the
alarm console in police headquarters.
TOWNSHIP
The Township of East Hanover or any department, agency or
officer authorized to act on its behalf.
TROUBLE ALARM
A signal received by the alarm console from a direct alarm
indicating an interruption or malfunction of the telephone transmission
lines or related equipment.
The Township of East Hanover, its various departments,
agencies, officials and employees shall be under no duty or obligation
to any permittee, licensee or console contractor hereunder, or to
any other person or persons, with respect to the adequacy, operation,
installation, repair or maintenance of the alarm console or related
equipment, or any alarm system regulated herein, and assumes no liability
in connection herewith. Upon acceptance of any permit, license or
contract hereunder, the permittee, licensee or console contractor
agrees to hold and save harmless the Township of East Hanover, its
departments, agencies, officials and employees from any liability
or damages suffered as a result of or arising out of improper or faulty
installation, operation or maintenance of any alarm system or the
improper or faulty operation or maintenance of the alarm console at
police headquarters.
[Amended 2-17-1994 by Ord. No. 4-1994]
A. Thirty days after the effective date of this chapter,
all agents or employees of an alarm business, or independent contractors
working for an alarm business, who sell, lease, install, repair, replace,
alter, service, maintain or respond to an alarm system in the Township
of East Hanover shall be registered with the Police Department, and
such registration shall be the joint obligation of the agent, employee
or independent contractor and the alarm business. The registration
shall include at least the name and address of the agent, employee
or independent contractor; the name of the alarm business; criminal
convictions, if any, of the agent, employee or independent contractor;
the length and type of the agent's, employee's or independent
contractor's experience in the alarm industry in general and
with the specific alarm business; and such other information as may
be prescribed by the Chief of Police or his designated representative.
B. No agent, employee or independent contractor of or
working with or for an alarm business shall perform, nor shall an
alarm business permit an agent, employee or independent contractor
to perform, any functions of an alarm business within the Township
of East Hanover without first being registered as required in this
section.
C. The alarm business shall issue identification badges
or cards to all its registered agents, employees or independent contractors.
The identification badge or card shall contain the agent's, employee's
or independent contractor's photograph and physical description,
as well as the name and address of the licensed alarm business, and
shall be displayed by the agent, employee or independent contractor
upon entering any premises for the purpose of performing any function
of the alarm business. The agent, employee or independent contractor
shall also be required to present said badge or card to any police
officer of the Township of East Hanover upon request.
D. The alarm business shall immediately notify the Chief
of Police, in writing, of the termination of employment of any such
registered agent, employee or independent contractor, and it shall
be the responsibility of the alarm business to secure the return of
the identification badge or card from the terminated agent, employee
or independent contractor. Any agent, employee or independent contractor
so terminated for any reason shall immediately return the identification
badge or card to the licensee. Failure to do so within five days of
termination of employment shall be deemed a violation of this chapter.
The Chief of Police may from time to time promulgate
rules and regulations supplementing this chapter, in order to provide
for recordkeeping and efficient management of systems and persons
controlled by the provisions of this chapter.
Any person found guilty in the Municipal Court
of the Township of East Hanover for violation of any 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.