[HISTORY: Adopted by the Township Council
of the Township of Hillside 5-4-2010 by Ord. No. O-10-020.[1] Amendments noted where applicable.]
A.
The purpose of this chapter is to encourage alarm users and alarm
companies to properly use and maintain the operational effectiveness
of alarm systems in order to improve the reliability of alarm systems
and reduce or eliminate false alarms.
B.
This chapter governs alarm systems intended to summon emergency response,
and requires annual registration, establishes fees, provides for penalties
for violations and establishes a system of administration.
As used in this chapter, the following terms shall have the
meanings indicated:
A member of the Hillside Police Department designated by
the Chief to administer, control and review false alarm reduction
efforts, provide reports regarding alarm response statistics and administer
the provisions of this chapter.
A person or entity in the business of selling, providing,
maintaining, servicing, repairing, altering, replacing, moving or
installing an alarm system in an alarm site.
A timely verbal report to the Hillside Police Department
that an alarm, either manual or automatic, has been activated at a
particular alarm site.
Authorization in accordance with this chapter granted by
the Alarm Administrator to an alarm user to operate an alarm system.
A single fixed premises or location served by an alarm system
or systems. Each unit, if served by a separate alarm system in a multi-unit
building or complex, and each building or other separate structure
shall be considered a separate alarm site.
A device or series of devices, including, but not limited
to, hardwired systems and systems interconnected with a radio frequency
method such as cellular or private radio signals, which emit or transmit
a remote or local audible, visual or electronic signal indicating
an alarm condition and intended to summon law enforcement or fire
response, including local alarm systems. The term "alarm system" does
not include an alarm installed in a vehicle or on someone's person
unless the vehicle or the personal alarm is permanently located at
a site.
Any person or entity who has contracted for or otherwise
engaged monitoring, repair, installation or maintenance service from
an alarm installation company or monitoring company for an alarm system,
or who owns or operates an alarm system which is not monitored, maintained
or repaired under contract.
A manually operated device that allows control of an alarm
system.
Any electrical, electronic, mechanical, or other device capable
of being programmed to send a pre-recorded voice message, when activated,
over a telephone line, radio or other communication system, to a law
enforcement, public safety or emergency services agency requesting
dispatch.
Verbal notification to the Hillside Police Department by
a monitoring company (designated by the alarm user), subsequent to
an alarm notification for the alarm site, that there is no emergency
at the alarm site requiring a Police or Fire Department response.
The Chief of the Hillside Police Department.
The transaction or process by which one alarm installation
company or monitoring company begins the servicing and/or monitoring
of a previously unmonitored alarm system or an alarm system previously
serviced and/or maintained by another alarm company.
An alarm dispatch request to the Hillside Police Department,
when the responding officer finds no evidence of a criminal offense
or attempted criminal offense after having completed a timely investigation
of the alarm site and there is no indication that an abnormal weather
condition or other severe event could have caused the generation of
an alarm. "False alarm" also means an alarm dispatch request to the
Hillside Fire Department, when the responding firefighter does not
find any evidence of a fire or fire emergency after completing a timely
investigation of the alarm site.
A brief informational video (less than 15 minutes), brochure
or online presentation that shall be approved by the Alarm Administrator
and made readily available at no cost to the alarm user. Said tutorial
may include a "question and answer" portion to ensure understanding
of the information presented.
A silent alarm signal generated by the manual activation
of a device intended to signal a robbery in progress at the alarm
site.
A license issued by the State of New Jersey to an alarm installation
company or monitoring company to sell, install, monitor, repair, maintain
or replace alarm systems.
Any alarm system which is not monitored and which annunciates
an alarm condition only at or near the alarm site.
The process by which a monitoring company receives alarm
signals and other alarm system condition signals from alarm systems
and relays alarm notifications to the Hillside Police Department or
other emergency response agencies.
A person or entity in the business of providing alarm monitoring
services.
As it pertains to an alarm site, shall mean any alarm site
other than an alarm site meeting the definition of "residential,"
as set forth herein.
An audible alarm system signal generated by the manual activation
of the device intended to signal a personal safety or other emergency
situation requiring an immediate emergency response.
An individual, corporation, limited liability company, partnership,
association, organization or similar entity.
As it pertains to an alarm site, shall mean any one-to-four-family-dwelling-unit
building, or any single-dwelling unit within a multiple-dwelling-unit
building of any size, if said unit is served by a separate alarm system.
An individual capable of reaching the alarm site within 30
minutes and having access to the alarm site, the operating codes for
the alarm system and the authority to approve repairs to the alarm
system.
The ANSI (American National Standard Institute)-approved
SIA (Security Industry Association) 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 the incidence of false alarms. Control
panels built and tested to this standard by Underwriters Laboratory
(UL), or other nationally recognized testing organizations, will be
marked to state: "Design evaluated in accordance with SIA CP-01 Control
Panel Standard Features for False Alarm Reduction."
The transaction or process by which an alarm user assumes
or acquires ownership of an existing alarm system which was previously
owned by another alarm user.
An attempt by a 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 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/herself to determine whether an alarm signal is valid
before requesting emergency response.
A division of devices into which an alarm system is divided
to indicate the general location from which an alarm system signal
is transmitted.
A.
No alarm user shall operate, or cause to be operated, an alarm system
at its alarm site without a valid alarm registration. A separate alarm
registration is required for each alarm site.
B.
The fees for an initial alarm registration and an alarm registration
annual renewal shall be paid by the alarm user according to the following
schedule:
[Amended 5-22-2012 by Ord. No. O-12-009]
(2)
Residential
alarm site:
(a)
Initial registration fee: $50; senior citizen $25.
(b)
Annual renewal fee: $35; senior citizen $25.
(c)
Additional late fee for nonpayment within 30 days of notification
of an initial registration fee: $25.
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Note: Senior citizen must be owner and resident of dwelling
containing subject alarm system.
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(3)
The
Township of Hillside and the Hillside Public School District shall
be exempt from paying alarm registration fees.
C.
Existing alarm systems. Any alarm system which has been installed
before the effective date of this chapter shall be registered by the
alarm user within 60 days of such effective date. Within 15 days of
written notification from the Alarm Administrator, an alarm installation
company or monitoring company shall provide a list of existing alarm
users in the Township of Hillside (provided such information is not
protected from disclosure by any federal, state or local requirements).
D.
New alarm systems. Any alarm installation company that installs an
alarm system on premises located within the Township shall, no later
than 10 days from the date of installation, notify the Alarm Administrator,
using a form provided by the Alarm Administrator, that an alarm system
has been installed and send to the Alarm Administrator the name and
address of the alarm user and a copy of the Police and Fire Department's
False Alarm Prevention Checklist. The failure of an alarm installation
company to notify the Alarm Administrator of a new alarm system installation
within 10 days after installation shall result in a fine of $100 to
the alarm installation company. Information provided in accordance
with this requirement shall be treated as private and proprietary
information and not made available to any person outside of the Hillside
Police or Fire Department or its bonded administration contractor.
E.
Upon receipt of a completed alarm registration application form and
the alarm registration fee, the Alarm Administrator shall register
the applicant by entering the required data into the Police and Fire
Department's alarm administration system database.
F.
Each alarm registration application must include the following information:
(1)
The name, complete address (including apt./suite number), and telephone
numbers of the person who will be the registration holder and be responsible
for the proper maintenance and operation of the alarm system and payment
of fees assessed under this article; and
(2)
The classification of the alarm site as either residential (including
apartment, condo, mobile home, etc.) or commercial; and
(3)
For each alarm system located at the alarm site, the classification
of the alarm system (i.e., burglary, holdup, duress, panic alarms
or other) and for each classification whether such alarm is audible
or silent; and
(4)
Mailing address, if different from the address of the alarm site;
and
(5)
Identification, quantity and location of any hazardous materials
(including, but not limited to, radioactive materials, toxic chemicals,
biochemicals, medical waste or explosives) or special conditions (including,
but not limited to, guard dogs or other animals, firearms or other
weaponry, electrically charged fencing or similar barriers, exposed
high voltage wiring, etc.) located at the alarm site; the Hillside
Police Department and/or Hillside Fire Department shall have the right
to inspect and inventory said hazardous materials or special conditions
prior to the issuance of an alarm registration, or at any time subsequent
thereto, upon reasonable notice to the alarm user; the alarm user
shall fully cooperate with said inspection(s) and ensure that any
dangerous materials are stored in compliance with all applicable federal,
state and local requirements; and
(6)
The type and location of all video monitoring and/or video recording
equipment located at or used to monitor the alarm site.
(7)
Names and telephone numbers of at least two "responders" (individuals
who are able and have agreed to receive notification of an alarm system
activation at any time; respond to the alarm site within 30 minutes
at any time; and upon request, can grant access to the alarm site
and deactivate the alarm system if necessary); and
(8)
Type of business activities conducted at a commercial alarm site;
and
(9)
Signed certification from the alarm user stating the following:
(a)
The date of installation, conversion or takeover of the alarm
system, whichever is applicable; and
(b)
The name, address and telephone number of the alarm installation
company or companies performing the alarm system installation, conversion
or takeover and of the alarm installation company responsible for
providing repair service to the alarm system; and
(c)
The name, address and telephone number of the monitoring company
if different from the alarm installation company; and
(d)
That a set of written operating instructions for the alarm system,
including written guidelines on how to avoid false alarms, have been
delivered to the applicant by the alarm installation company; and
(e)
That the alarm installation company has trained the applicant
in the proper use of the alarm system, including instructions on how
to avoid false alarms.
(10)
That the Police and Fire Department response may be influenced
by factors including, but not limited to, the availability of officers
or firefighters, priority of calls, weather conditions, traffic conditions,
emergency conditions, staffing levels, and other circumstances beyond
the control of the Township of Hillside and its Police and Fire Departments.
G.
Any false statement of a material fact made by an applicant for the
purpose of obtaining an alarm registration shall be sufficient cause
for refusal to issue a registration.
H.
An alarm registration cannot be transferred to another person or
alarm site. An alarm user shall inform the Alarm Administrator of
any change that alters any of the information listed on the alarm
registration application within five business days of such change.
I.
All fines and fees owed by an applicant must be paid before an alarm
registration may be issued or renewed.
[Amended 5-22-2012 by Ord. No. O-12-009]
An alarm registration shall expire 12 months from the date of issuance and must be renewed annually by submitting an updated application to the Alarm Administrator. The Alarm Administrator shall notify in writing each alarm user of the need to renew 30 days prior to the expiration of the registration. It is the responsibility of the alarm user to submit a renewal application prior to the registration expiration date. Failure to renew will be classified as use of a nonregistered alarm system and penalties may be assessed in accordance with this chapter. A late fee of $25 shall be assessed if a complete renewal application is not received by the Alarm Administrator within 30 days after the renewal date. A renewal application will not be deemed complete until the applicable renewal fee (as set forth in § 106-3B of this chapter) has been received by the Alarm Administrator. If a renewal application is submitted more than six months after the annual registration renewal date, then, for the purposes of this chapter, the application will be considered an initial alarm registration, and all applicable fees for an initial alarm registration will apply.
A.
An alarm user shall:
(1)
Maintain the alarm site and the alarm system in a manner that will
minimize or eliminate false alarms; and
(2)
Make every reasonable effort to have a responder arrive at the alarm
system's location within 30 minutes after being requested by
the law enforcement or fire safety agency to:
(3)
Not activate an emergency alarm condition for any reason other than
the occurrence of an emergency event that the alarm system was intended
to report.
B.
An alarm user shall adjust the mechanism or cause the mechanism to
be adjusted so than an alarm signal audible on the exterior of the
alarm site will sound for no longer than 15 minutes after being activated.
C.
An alarm user shall have an alarm installation company inspect the
alarm system after two false alarms in a one-year period. The Alarm
Administrator may waive a required inspection if it determines that
a false alarm could not have been related to a defect or malfunction
in the alarm system. After four false alarms within a one-year period,
the alarm user must have an alarm installation company modify the
alarm system to be more false-alarm resistant or provide additional
user training as appropriate, which modifications shall be subject
to the approval of the Alarm Administrator.
D.
An alarm user shall not use automatic voice dialers.
E.
An alarm user shall maintain at each alarm site a set of written
operating instructions for each alarm system.
F.
All alarm users shall agree with their alarm installation company
and/or monitoring company to an acclimation period for the first seven
days after installation of an alarm system during which time the alarm
installation company and/or monitoring company will have no obligation
to respond to any alarm signal from the alarm site and will not make
an alarm dispatch request to law enforcement personnel unless there
is evidence that would lead a reasonable person to conclude that the
alarm signal is the result of an actual alarm event.
G.
The alarm user shall fully cooperate with the investigation of any
intrusion or criminal act that may occur at or near the alarm site
or any activation of the alarm system.
A.
An alarm installation company shall provide written and oral instructions
to each of its alarm users in the proper use and operation of its
alarm systems. Such instructions will specifically include all instructions
necessary to turn the alarm system on and off and to both avoid and
help identify the cause of false alarms.
B.
Effective 90 days after enactment of this chapter, alarm installation
companies shall, on new installations, use only alarm control panels
which meet SIA Control Panel Standard CP-01.
C.
An alarm company shall not use automatic voice dialers.
D.
Upon completion of the installation of an alarm system, an alarm
installation company employee shall review with the alarm user the
Police and Fire Department's False Alarm Prevention Checklist
or an equivalent checklist approved by the Alarm Administrator.
E.
The monitoring company shall not provide an alarm notification to
a burglar alarm signal, excluding panic and holdup signals, during
the first seven days following installation of an alarm system. The
Alarm Administrator may grant an alarm user's request for an
exemption from this waiting period based upon a determination that
special circumstances substantiate the need for exemption.
F.
A monitoring company shall:
(1)
Report alarm signals used by telephone numbers designated by the
Alarm Administrator; and
(2)
Verify every alarm signal, except a duress or holdup alarm activation
before providing an alarm notification to an alarm system signal;
and
(3)
Communicate alarm notifications to the Police or Fire Department
in a manner and form determined by the Alarm Administrator; and
(4)
Communicate cancellations to the Police or Fire Department in a manner
and form determined by the Alarm Administrator; and
(5)
Ensure that all alarm users of alarm systems equipped with a duress,
holdup or panic alarm are given adequate training as to the proper
use of such alarms; and
(6)
Communicate any available information about the location on all alarm
signals related to the alarm dispatch request (north, south, front,
back, floor, etc.); and
(7)
Communicate type of alarm activation (silent or audible, interior
or perimeter); and
(8)
Provide an alarm user registration number when providing an alarm
notification; and
(9)
After an alarm notification, promptly advise the Police or Fire Department
if the monitoring company knows that the alarm user or the responder
is en route to the alarm site; and
(10)
Attempt to contact the alarm user or responder within 24 hours
via mail, fax, telephone or other electronic means when an alarm dispatch
request is made; and
(11)
Upon the effective date of this chapter, monitoring companies
must maintain for a period of at least one year from the date of the
alarm dispatch request, records relating to alarm notifications. Records
must include the name, address and telephone number of the alarm user,
the alarm system zone(s) activated, the time of alarm dispatch request
and evidence of an attempt to verify. The Alarm Administrator may
request copies of such records for individually named alarm users.
If the request is made within 60 days of an alarm dispatch request,
the monitoring company shall furnish requested records within three
business days of receiving the request. If the records are requested
between 60 days to one year after an alarm dispatch request, the monitoring
company shall furnish the requested records within 30 days of receiving
the request.
G.
An alarm installation company and/or monitoring company that purchases
alarm system accounts from another person shall notify the Alarm Administrator
of such purchase and provide such details as may be reasonably requested
by the Alarm Administrator.
H.
Monitoring companies shall fully cooperate at all times with the
investigation of any intrusion or criminal act that may occur at or
near the alarm site or any activation of the alarm system.
All alarm installation companies and monitoring companies shall
maintain any and all licenses required by the State of New Jersey.
B.
The Alarm Administrator shall establish a procedure to record such
information on alarm notifications necessary to permit the Alarm Administrator
to maintain records, including, but not limited to, the information
listed below:
(1)
Identification of the registration number for the alarm site; and
(2)
Identification of the alarm site; and
(3)
Date and time alarm notification was received, including the name
of the monitoring company and the monitoring operator name and number;
and
(4)
Date and time of the officer or firefighter's arrival at the
alarm site; and
(5)
Alarm zone and zone description, if available; and
(6)
Name of alarm user's representative at the alarm site, if any;
and
(7)
Identification of the responsible alarm installation company or monitoring
company; and
(8)
Cause of alarm signal, if known.
C.
The Alarm Administrator shall establish a procedure for notification
to the alarm user of a false alarm. The notice shall include the following
information:
D.
The Alarm Administrator may require a conference with an alarm user
and the alarm installation company and/or monitoring company responsible
for the repair or monitoring of the alarm system to review the circumstances
of each false alarm.
E.
The Alarm Administrator may require an alarm user to remove a holdup
alarm that is a single-action, non-recessed button, if a false holdup
alarm has occurred.
F.
The Alarm Administrator will make a copy of this chapter and an ordinance
summary sheet available to the alarm user.
A.
Fees.
(1)
An alarm user shall be assessed a service fee for false alarms within
a twelve-month period according to the following schedule:
|
Number of False Alarms
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Service Fee
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|---|---|---|
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1 to 2
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No fee
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3 to 5
|
$50 each occurrence**
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|
6 to 9
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$100 each occurrence
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10 or more
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$200 each occurrence
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** A false alarm prevention tutorial shall be made available
to the user by the Alarm Administrator at the time said fee is assessed.
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(2)
Late fee for false alarm invoices not paid within 30 days: $50.
B.
In addition to the service fee set forth above, any person operating
a non-registered alarm system will be subject to an additional fee
of $100 for each false alarm. The Alarm Administrator may waive this
additional fee for a non-registered system if the alarm user submits
an application for alarm registration within 10 days after notification
of such non-registered alarm system violation.
C.
If cancellation occurs prior to law enforcement or Fire Department
personnel arriving at the scene, this shall not be considered a false
alarm, and no service fee will be assessed.
D.
The alarm installation company shall be assessed a service fee of
$100 if the officer or firefighter responding to the false alarm determines
that an on-site employee of the alarm installation company directly
caused the false alarm, and in such instance a false alarm service
fee will not be assessed against the alarm user.
E.
The monitoring company shall be assessed a fee of $100 for each failure to verify alarm system signals as specified in § 106-5F(2) of this chapter.
F.
The alarm installation company shall be assessed a fee of $250 if
the Alarm Administrator determines that an alarm installation company
employee knowingly made a false statement concerning the inspection
of an alarm site or the performance of an alarm system.
The Alarm Administrator shall notify the alarm user in writing
after each false alarm. The notification shall include the amount
of the fee for the false alarm, and a description of the appeals procedure
available to the alarm user.
A.
If a fee or fine is assessed, the Alarm Administrator shall cause
a written notice of the assessment and a statement of the right to
appeal to be sent to the affected applicant or alarm user and the
alarm installation company and/or monitoring company.
B.
Any alarm user, alarm installation company or monitoring company
may appeal the assessment of a fee or fine to the Alarm Administrator
by setting forth in writing the reasons for the appeal within 15 days
after notification of the fee. The alarm user, alarm installation
company or monitoring company shall include a filing fee of $25 with
each appeal filed. The Alarm Administrator shall render and provide
a written decision to the party making the appeal within 15 days after
receipt of any such timely filed appeal. The Alarm Administrator shall
cause the filing fee to be refunded in a timely manner if the appeal
is granted.
C.
Any alarm user, alarm installation company or monitoring company
may appeal the decision of the Alarm Administrator to the Chief or
his designee as follows:
(1)
The alarm user, alarm installation company or monitoring company
shall file a written request for review. The request must be made
within 20 days after notification of the decision from the Alarm Administrator.
(2)
The Chief or his designee shall conduct a hearing within 30 days
of receipt of the request. The Chief or his designee shall render
a decision based on the preponderance of the evidence presented at
the hearing. The Chief or his designee shall render a decision affirming
or reversing the decision of the Alarm Administrator within 15 days
after the hearing is concluded. The Chief shall have the option to
forego a hearing and render a written decision favorable to the alarm
user, alarm installation company or monitoring company if, based upon
a preponderance of reliable information or evidence presented in writing
to the Chief and Alarm Administrator subsequent to the Alarm Administrator's
decision, the Chief has reason to believe that the basis for the original
imposition of the subject fee or fine cannot be sustained.
D.
The filing of an appeal shall stay the action by the Alarm Administrator
requiring payment of any fee or fine, until the Alarm Administrator,
Chief or his designee, respectively, has completed his review. If
an appeal is not filed within the aforementioned required time periods,
then the action of the Alarm Administrator shall be final.
E.
The Alarm Administrator or Chief may adjust the number of false alarms used for purposes of assessing fees against an alarm user under this section at Subsection A based on:
(1)
Evidence that a false alarm was caused by an act of God;
(2)
Evidence that a false alarm was caused by action of the telephone
company;
(3)
Evidence that a false alarm was caused by a power outage lasting
longer than four hours;
(4)
Evidence that the alarm dispatch request was not a false alarm;
(5)
Evidence that the law enforcement officer or firefighter's response
was not completed in a timely fashion; and/or
(6)
Other good and reasonable cause as determined by the Chief.
F.
In determining the number of false alarms, multiple alarms occurring
in any twenty-four-hour period may be counted as one false alarm to
allow the alarm user time to take corrective action unless the false
alarms are directly caused by the alarm user.
G.
With respect to fees or fines assessed to an alarm installation company
or monitoring company, the Alarm Administrator or Chief may take into
consideration whether the company has engaged in a consistent pattern
of violations.
A.
Enforcement of this chapter may be by civil action and as otherwise
provided by law.
B.
The Township Police Department and Fire Department's administration
and enforcement of this chapter may, where permitted by, and in accordance
with, New Jersey Law, including but not limited to the Local Public
Contracts Law, be accomplished with the assistance of private entities
when so determined, upon recommendation of the Chiefs of Police or
Fire, through formal action of the Township Council.
In the interest of public safety, all information contained
in and gathered through the alarm registration applications and applications
for appeals shall, to the extent permissible under New Jersey Law,
be held in confidence by all employees or representatives of the Police
or Fire Department and by any third-party administrator or employees
of a third-party administrator with access to such information.
Alarm registration is not intended, nor shall it be construed,
to create any contract, duty or obligation on the part of the Township
of Hillside, either expressed or implied, to respond to any alarm.
The Township expressly retains all governmental, and other, defenses,
immunities, indemnities and protections from liability as provided
by law. Nothing within this chapter shall be construed to impose any
greater liability upon the Township for any claims, losses or damages,
including consequential damages, resulting directly or indirectly
from the Township's complete or partial response, or failure
to respond, to an alarm or alarm notification, than are otherwise
afforded to the Township and its police, fire and other employees,
officials and agents under state and federal law, rule and regulation.
By applying for an alarm registration, an alarm user acknowledges
that the Township's ability to respond to an alarm may be influenced
by various factors, such as the availability of officers or firefighters,
priority of calls, weather conditions, traffic conditions, emergency
conditions, staffing levels, funding, availability of resources and
prior response history.
