The purpose of this chapter is to establish standards and regulations
concerning the installation, operation and maintenance of certain
alarm systems within the Borough of Fanwood ("Borough") and to reduce
and/or eliminate false alarms.
As used in this chapter, the following terms shall have the
meanings indicated:
ALARM BUSINESS
Any business operated by a person, partnership, corporation,
etc., for profit, which engages in the activity of altering, installing,
leasing, maintaining, repairing, replacing, selling, servicing, or
responding to a fire or burglar alarm system or which causes any of
these activities to take place. Excluded from this definition, however,
are retail establishments that sell alarm systems over the counter.
ALARM DEVICE
Any type of alarm-activating equipment which provides warning
of burglary, intrusion, fire, flood or like peril causing potential
for harm to life or property.
ALARM SYSTEM
One or more alarm devices installed in a building or structure
employed to call attention to, or provide warning of, intrusion by
any person or fire, whether the same provides a visual, audio or electronic
response, alarm or warning of an emergency such as burglary, intrusion,
fire, flood or like peril. The term "alarm system" shall not include:
A.
Concealed battery or electrically powered concealed battery
or electrically powered smoke detector or carbon monoxide detector
units located within single-family residences and which give out an
audible signal.
B.
Automobile alarm systems.
C.
An alarm designed to alert only the inhabitants of a premises
that does not have a sounding device, which can be heard on the exterior
of the alarm site.
CENTRAL ALARM STATION
An alarm station that transmits the alarm to an alarm-processing
center, which then calls to dispatch the Police and/or the Fire Department.
DIAL ALARM
An alarm device using telephone or other lines that transmits
an alarm signal of intrusion to the Fanwood Police Department or any
other third party.
FALSE ALARM
Any alarm or signal activated or transmitted eliciting a
response by police or firefighters or other public officials by inadvertent,
negligent, unintentional or intentional act or omission of a person
(caused or transmitted other than by an intruder), and shall also
include alarms caused by malfunctioning of the alarm device or other
related equipment (but excluding an alarm signal caused by violent
conditions of nature, such as, but not limited to, lightning, tornadoes,
hurricanes, or other extraordinary circumstances not reasonably subject
to control by the alarm business or alarm user).
A registration fee of $10 shall be submitted with each registration
form. A registration form and registration fee shall be submitted
within 30 days of the system installation. Failure to submit a registration
form and/or pay the registration fee in a timely manner shall result
in a fine not to exceed $50, provided the system is registered within
30 days of imposition of the fine. After that period, each additional
day shall constitute a separate violation. All persons having an alarm
system installed on property as of November 31, 2008, shall submit
a registration form on or before June 30, 2009, and shall not be required
to pay the registration fee for that alarm system so long as the person
submits the registration form by June 30, 2009.
It shall be unlawful for any person to cause, allow or activate a false alarm as defined in this chapter. In case of a false alarm, any person and any registrant who violates this chapter shall each be subject to the provisions of §
108-9 hereafter. In case of a false alarm, any person having knowledge of the false alarm immediately shall notify the Fanwood Police Department. The Fanwood Police Department shall be responsible for enforcing this chapter.
Dial alarm devices may be connected to the Fanwood Police Department by telephone or other lines as are permitted and designated by the Fanwood Police Department or to other law enforcement agencies having jurisdiction or to third-party providers. Dial alarms shall be registered as specified in §
108-3 of this chapter.
Any person, firm, corporation or other entity which violates
the terms of this chapter, including but not limited to failure to
initially register or providing false registration information or
other provisions of this chapter, shall be subject to a fine not exceeding
$1,000; provided, however, that the following minimum and mandatory
fines shall apply to false alarms.
A. For the first two false alarms in any calendar year, a warning shall
be issued.
B. For the third and/or fourth false alarms within any single calendar
year, a fine of $35 for each shall be paid to the Borough.
C. For the fifth through ninth false alarms within any single calendar
year, a fine of $75 for each shall be paid to the Borough.
D. For the 10th and subsequent false alarms in any single calendar year,
a fine of $100 for each shall be paid to the Borough.
E. For any false alarm exceeding four in the same calendar year, an
advisory letter shall accompany the payment of the fine (dated within
30 days following the date on which a complaint has been issued) from
an alarm business stating that the system is properly operating. Failure
to provide such an advisory letter shall constitute a separate offense,
subject to a maximum fine of $250.
F. In the event the Borough Police Department determines that the registrant
failed to take reasonable steps to avoid false alarms, the Police
Department shall have the right to require the alarm to be disconnected
for a period of time not to exceed one year unless the number of false
alarms exceeds 10 in any single calendar year, in which event the
Police Department may direct the alarm system to be permanently disconnected.
However, no such disconnection and revocation of the permit shall
take place without providing the registrant an opportunity to show
cause before the Borough Court why such action should not be taken.
The occurrence of three or more false alarms in any calendar month
shall raise the presumption that the registrant is disregarding the
responsibility to take reasonable remedial steps to avoid false alarms.
In the event registrant's alarm is disconnected as the result
of an action under this section of the Code, and in the event the
registrant is allowed to reconnect the equipment in the future, registrant
shall be responsible for a re-registration fee of $50.