Borough of Metuchen, NJ Alarm Devices

The purpose of this chapter is to provide standards and regulations for various types of intrusion, burglar, fire and other emergency alarm devices whether by direct line, radio, telephone or other means actuating a device at the police headquarters of the Borough of Metuchen and requiring response thereto by the Police Department, Fire Department or other municipal agency.

§ 50-2 Scope.

The provisions of this chapter shall apply to any person, firm or corporation who operates, maintains, installs, repairs or owns any alarm device or local alarm designed to summon the Police or 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, persons, firms and/or corporations from providing service by private source to other dwellings or buildings within the Borough of Metuchen, so long as such activity is not connected to the alarm console at the borough 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 § 50-6A, without fee.

§ 50-3 Definitions.

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 located within the confines of the Police Department of the Borough of Metuchen.

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 Police Department of the Borough of Metuchen, except designated representative shall also mean a member of the Fire Department where appropriate in the context of this chapter.

DIAL ALARM

Type of device using telephone lines which transmits an alarm directly through the police switchboard.

FALSE ALARM

Any alarm actuated by inadvertence, negligence or unintentional act of someone other than an intruder, and shall include as well, 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 store burglar alarms actuating bell devices or any other type of audio noise or those alarms which can be heard beyond the owner's property line.

PERMITTEE

Any person owning, operating and/or maintaining an alarm device or a local alarm within the scope of this chapter.

PERSON

Includes any natural person, partnership, corporation or association.

§ 50-4 Alarm console license.

There is hereby established a police alarm console license which shall be granted as set forth in § 50-5. Any such licensee shall have exclusive use and control of the alarm console, except for use by the Police Department of the Borough of Metuchen, and such licensee will be responsible at no cost to the Borough of Metuchen for the establishment, construction, installation and maintenance and management thereof of said console containing equipment and being of a design recommended or approved by the Police Chief and for the care, maintenance and management thereafter of said console; said licensee shall locate said console and relocate said console if necessary under the supervision of the Chief of Police at no cost to the Borough of Metuchen. For any such license granted hereunder, the licensee will assume all liability and agree to indemnify and save harmless the Borough of Metuchen, its agents, public officials and the Metuchen Police Department for any acts in conjunction with the operation of said police alarm console. The licensee shall furnish annually to the Borough Clerk, a noncancelable insurance certificate indicating complete liability coverage in an amount no less than $300,000 for each person, $500,000 for each accident, and $1,000,000 property damage for each accident.

Any connection to the police alarm console shall be of a type inspected and approved by the Chief of Police of the borough or his or her designated representative, and any person aggrieved by said decision may appeal said decision in writing within 10 days to the governing body of the Borough of Metuchen, who shall resolve the appeal within a reasonable time, after hearing, with finality as to the right of further appeal.

All console alarms existing as to the date of the adoption of this chapter, except dial alarms, shall be connected hereunder to the alarm console by the licensee, and no connection cost for such transfer shall be permitted to be charged to the user or to the borough.

The licensee for the police alarm console shall be permitted to charge subscribers a maximum installation fee of $75 and a maximum monthly retainer or maintenance fee of $15. Any increase in this fee must be approved by the governing body of the borough by resolution, after being requested by the Chief of Police. No fee shall be charged to the Borough of Metuchen 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 municipal offices.

The licensee shall install initially an annuciator or display console, having no less than 250 zones available for present systems and future connections, which console shall be approved by the Underwriters' Laboratories (UL). The licensee should be UL listed.

Excepted as provided in § 50-7 of this chapter, any license issued hereunder shall be for a term of five years from date of approval by the governing body of the borough. Such licensee shall post with the Borough Clerk a performance bond in the amount of $10,000, noncancelable without notification to the governing body of the Borough of Metuchen, guaranteeing performance for five years of the obligation of the licensee and insuring maintenance of said console and alarm system during said period when such license is in force.

The licensee shall pay to the Borough of Metuchen in consideration for the exclusive franchise given, a franchise fee equaling 15% of the gross revenues the licensee derives from the charges paid by subscribers for the monthly retainer and maintenance fee set forth in Subsection D of this section. Said franchise fee shall be paid to the Borough of Metuchen within 30 days after October 1 of every year based on the revenues collected in the prior 12 months.

§ 50-5 Determination of licensee.

Prequalification. Persons desiring to bid for said license shall make application to the Chief of Police and Borough Administrator, which application shall disclose whatever information may be required by the Borough of Metuchen 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 licensee's 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 such equipment.

Upon receipt by the Chief of Police or Borough Administrator of a list of those persons or corporations who prequalified, the governing body shall then 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 requirements 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 governing body may award said license to the person whose bid taken as a whole is the most advantageous to the subscribers to the system from a cost standpoint, and in conjunction therewith the governing body reserves the right to reject any and all bids.

Renewals of said license or award of new licenses, should any license be terminated in accordance with § 50-7 of this chapter, shall be accomplished by following the procedures of § 50-5A and B aforesaid.

§ 50-6 Registration and issuance of permits; fees.

Any person who desires to install an alarm device or local alarm within the borough or who currently owns, operates or maintains an alarm device or a local alarm shall make application for a permit to install or continue said alarm in writing to the Chief of Police. The application shall be in such form as the Chief of Police shall prescribe and shall set forth all information required by the Chief of Police to enable him or her to carry out effectively his or her public safety responsibilities, but shall contain at least the location of the device, the name of the installer of said device, the type of device, provisions relating to false alarm and testing procedures, a list of persons to be contacted in the event of an alarm and other information as may be required by the Police Chief of the borough.

The permittee shall pay to the borough a processing fee of $20 with each alarm application submitted, except for owners of local alarm devices who shall register same without payment of fee. In addition, owners of dial alarm devices shall pay to the borough an annual fee of $20 to cover the cost of registration, testing and to amortize the cost of the special device, line or lines required in police headquarters necessitated by these systems. This extra dial alarm fee shall be paid upon submission of application and then paid annually within 30 days after October 1 of each succeeding year. A late fee of $10 will be assessed after December 31.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 2).

Any permit granted hereunder shall be granted upon the express condition that the permittee shall indemnify and hold the Borough of Metuchen 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 Borough of Metuchen.

Every permittee shall, by acceptance of the permit, be deemed as having consented to the inspection of the alarm system, by appointment at reasonable hours, by the Chief of Police or his or her designated representative and shall accept the responsibility for the proper operation of the alarm system up to and including the line connection, if any, to the police headquarters.

Any persons installing or maintaining unauthorized equipment shall be prosecuted for violation of this chapter and each and every day the equipment is in operation shall be considered a separate violation.

Any licensee and/or permittee for an alarm shall provide for a representative to be on call for emergency repair service. In each case wherein the alarm is connected directly to police headquarters the service shall be provided within eight hours of notification by the Police Department of any malfunction of any equipment.

Any alarm system or alarm device when equipped with a local bell shall have a time relay or other device which will limit the operation of said bell to 15 minutes or less.

Any person who currently has an alarm device or local alarm in existence at the time of the passage of this chapter shall have 60 days from the effective date of this chapter to register said alarm and, where applicable, pay the appropriate fee.

§ 50-7 Limitation of obligations.

The Borough of Metuchen 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 governing body of the borough. Any individual permit issued hereunder may be revoked at any time by the governing body upon recommendation of the Chief of Police, provided that 30 days notice is given in writing to said permittee by certified mail.

§ 50-8 Other alarm companies.

Any licensee for the alarm console and any permittee utilizing the services of any other alarm company connected to said console shall provide for a representative to be on call at all times, and such service shall be provided immediately when necessary after notification by the Police Department of any malfunctions of any equipment. No permittee utilizing the services of any other alarm company shall be denied access to the alarm console because of the use of another alarm company and shall not be discriminated against respecting any fees charged by the licensee under § 50-4D.

§ 50-9 False alarms.

In the case of a false alarm, any person having knowledge thereof shall immediately notify the Police Department in a manner to be prescribed by rules and regulations in accordance with § 50-13 of this chapter. In addition, in the case of false alarms, the Chief of Police shall cause an investigation to be made and keep a record of said alarms on file.

For such false alarms, the governing body prescribes the following penalties:

(1)

For the first, second and third false alarm in any calendar year, a warning shall be issued.

(2)

For the fourth, fifth and sixth in the same calendar year, an administrative charge of $25 shall be assessed against permittee.

(3)

On all subsequent false alarms, an administrative charge of $50 shall be imposed against permittee.

Where the investigation of the Police Department discloses continued abuse of the privilege of connection to the alarm console and/or a disregard of the permittee for taking remedial steps to avoid false alarms and/or the failure of the permittee to pay any administrative charge, the governing body reserves the right to require disconnection from the alarm console for a limited or permanent time or require the disconnection of any dial alarm device, provided that no such permit shall be revoked or suspended without giving permittee the opportunity to show cause before the governing body why such action should not be taken.

An alarm owner shall not be charged with a false alarm, provided that such owner makes immediate proper notification in accordance with rules and regulations promulgated by the Chief of Police.

§ 50-10 Unauthorized equipment.

Any unauthorized equipment may be disconnected by the Chief of Police or his or her designated representative for noncompliance with this chapter. Any person installing or maintaining unauthorized equipment shall be prosecuted for violation of this chapter, and each and every day said equipment is in operation shall be considered a separate violation. Any permittee shall by acceptance of the permit be deemed as having consented to inspection of the premises on which said alarm devices are installed at reasonable hours by the Chief of Police and/or Fire Chief or their designated representative.

§ 50-11 Testing.

Any person testing an alarm system covered by the provisions of this chapter shall notify police headquarters immediately prior to and after the testing is completed. Failure to do so shall constitute a violation herein, and subject an alarm owner or maintainer to such penalties as set forth in this Code.

§ 50-12 Dial alarms.

No dial alarm shall be permitted unless it shall have first been registered with the Chief of Police, as hereinafter required, and approved by the Chief of Police after approval thereof by the telephone company. All dial alarms shall be coded to dial a separate special number to be provided by the Chief of Police. No dial alarm shall be coded to dial the general police number. All such alarms shall be capable of being disconnected to allow a call to police headquarters in the event of a false alarm. If any person has any dial alarm in existence at the time of the effective date of this chapter, it shall be reprogrammed within 60 days of said effective date to comply with this chapter. If any dial alarm hereafter shall be found to be dialing the general police number rather than the special number, the Chief of Police shall send the person in whose name the telephone is listed a written notice requiring compliance with this chapter. If the occupant or telephone subscriber fails to comply within 60 days after service of such notice, said failure shall constitute a violation of this chapter and the person shall be liable to the penalties set forth under § 50-15 of this chapter. Each and every day that this chapter is not complied with shall constitute a separate offense. The contents of a dial alarm message shall be clear and intelligible and in the format approved by the Chief of Police. No such message shall be transmitted more than three times as a result of a single stimulus of the mechanism. Messages shall not exceed fifteen seconds and the time gap between each shall not exceed 10 seconds.

§ 50-13 Rule-making authority.

The Mayor and Council 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 governing body must first approve said rules or any changes thereto.

§ 50-14 Appeals.

Whenever, under the provisions of this chapter, the Chief of Police or any authorized representative he or she may have designated is empowered to make a decision with respect to the installation, operation and maintenance of any alarm equipment or with respect to the issuance or denial of any application relating thereto or in the imposition of any administrative charge, any person aggrieved by said decision may, within 10 days following the decision, file a written appeal therefrom with the Borough Administrator who shall conduct a hearing and affirm, modify or reverse the decision appealed from.

§ 50-15 Violations and penalties. [1]

Any person, firm or corporation found guilty in the Municipal Court of the borough for violation of the terms of this chapter shall be subject to the penalties provided in Chapter 1, General Provisions, Article 1.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 2).

§ 50-16 Enforcement.

This chapter shall be enforced by the Metuchen Police Department.