[HISTORY: Adopted by the Township Committee (now Council)
of the Township of Jackson 10-23-2000 by Ord. No. 29-00[1] (Ch. 36 of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 162.
Fire prevention — See Ch. 204.
Housing standards — See Ch. 233.
Noise — See Ch. 291.
[1]
Editor's Note: This ordinance also provided an effective
date of 1-1-2001.
A.
The purpose of this chapter is to encourage alarm users and alarm
businesses to maintain the operational reliability and proper use
of alarm systems and to reduce or eliminate false alarm dispatch requests.
B.
This chapter governs systems intended to summon police response,
requires permits, provides for penalties for violations, establishes
a system of administration and sets conditions for suspension or loss
of permits.
As used in this chapter, the following terms shall have the
meanings indicated:
A person or persons designated by the governing authority
to administer, control and review alarm applications, permits and
alarm dispatch requests.
The business, by an individual, partnership, corporation
or other entity, of selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving, installing or monitoring an alarm system
in an alarm site.
A notification to the police by the alarm business that an
alarm, either manual or automatic, has been activated at a particular
alarm site.
Shall consist of five members as follows: the alarm administrator,
a dispatcher or other person appointed by the Chief/Director, a local
alarm business representative appointed by the Local Alarm Association/Chamber
of Commerce and two members of the public at large, appointed by the
governing authority.
A single premises or location served by an alarm system or
systems. Each tenancy, if served by a separate alarm system, in a
multitenant building or complex shall be considered a separate alarm
site.
A device or series of devices, including, but not limited
to, systems interconnected with radio frequency signals, which are
designed to discourage crime or alert to fire danger by emitting or
transmitting a remote or local audible, visual or electronic signal
indicating an alarm condition. "Alarm system" does not include:
Any person, firm, partnership, corporation or other entity
who (which) uses an alarm system at its alarm site.
The Chief of Police or the Director of Public Safety of the
municipality or an authorized representative.
The transaction or process by which one alarm business begins
monitoring of an alarm system previously monitored by another alarm
business.
A silent alarm signal generated by the manual activation
of a device intended to signal a crisis situation requiring police
response.
An alarm dispatch request to the Police or Fire Department,
when the responding police officer or fire personnel finds no evidence
of a criminal offense, attempted criminal offense or signs of smoke,
fire or other such condition, including weather conditions, after
having completed a timely investigation of the alarm site. An alarm
dispatch request, which is canceled by the alarm business or the alarm
user prior to the time the responding officer reaches the alarm site,
shall not be considered a false alarm dispatch.
A class operated by the governing entity for the purpose
of educating alarm users about the problems created by false alarm
dispatches and in the responsible use of their alarm system.
A silent alarm signal generated by the manual activation
of a device intended to signal a robbery in progress.
A device that allows control of an alarm system by the manual
entering of a coded sequence of numbers or letters.
The process by which an alarm business receives signals from
alarm systems and relays an alarm dispatch request to the municipality
for the purpose of summoning police response to the alarm site.
The manual activation of a silent alarm signal by entering
at a keypad a code that adds one to the last digit of the normal arm/disarm
code (e.g., normal code = 1234; one-plus duress code = 1235).
An individual, corporation, partnership, association, organization
or similar entity.
The transaction or process by which an alarm user takes over
control of an existing alarm system which was previously controlled
by another alarm user.
An attempt, by the alarm business or its representative,
to contact the alarm site by telephonic or other electronic means,
whether or not actual contact with a person is made, before requesting
a police dispatch, in an attempt to avoid an unnecessary alarm dispatch
request.
A.
No alarm user shall operate, or cause to be operated, an alarm system
at its alarm site without first obtaining a valid electrical or fire
permit and passing an inspection by the Jackson Township Building
Department, in accordance with the Uniform Construction Code.[1]
B.
No alarm user shall operate, or cause to be operated, an alarm system
at its alarm site without a valid alarm permit issued by the alarm
administrator.
C.
Upon receipt of a completed application form, the alarm administrator
shall issue an alarm permit to an applicant unless the applicant has:
D.
Each permit application must include the following information:
(1)
The name, address and telephone numbers of the person who will be
the permit holder and be responsible for the proper maintenance and
operation of the alarm system.
(2)
The classification of the alarm site as either residential, commercial
or apartment.
(3)
For each alarm system located at the alarm site, the purpose of the
alarm system, i.e., burglary, holdup, duress, fire or other.
(4)
Signed certification from the alarm user and the alarm business stating:
(a)
The date of installation, conversion or takeover of the alarm
system, whichever is applicable;
(b)
The name, address and phone number of the alarm business performing
the alarm system installation, conversion or alarm system takeover
and responsible for providing repair service to the alarm system;
(c)
The name, address and phone number of the alarm business monitoring
the alarm system if different from the installing alarm business;
(d)
That a set of written operating instructions for the alarm system,
including written guidelines on how to avoid false alarms, has been
left with the applicant; and
(e)
That the alarm business has trained the applicant in proper
use of the alarm system, including instructions on how to avoid false
alarms.
(5)
Classification of the alarm site as being equipped or nonequipped
for duress alarm.
E.
Any false statement of a material matter made by an applicant for
the purpose of obtaining an alarm permit shall be sufficient cause
for refusal to issue a permit.
F.
An alarm permit cannot be transferred to another person. An alarm
user shall inform the alarm administrator of any change that alters
any information listed on the permit application within five business
days.
G.
Information contained in permit applications shall be held in confidence
by all employees or representatives of the municipality with access
to such information.
A.
If an alarm system installed by an individual tenant in an apartment
complex unit is monitored, the tenant must provide the name of a representative
of the apartment owner or property manager who can grant access to
the apartment to the alarm business which is providing the monitoring
service.
B.
A tenant of an apartment complex shall also obtain an alarm permit
from the alarm administrator before operating or causing the operation
of an alarm system in the tenant's residential unit.
C.
For purposes of enforcing this chapter against an individual residential
unit, the tenant is responsible for false alarm dispatches emitted
from the alarm system in the tenant's residential unit.
A.
If the owner or property manager of an apartment complex provides
alarm systems in each residential unit as an amenity, then the owner
or property manager of the apartment complex shall obtain a master
alarm permit from the alarm administrator.
B.
For purposes of assessing fines and enforcing this chapter, the master
alarm permit holder is responsible for payment of fines for false
alarm dispatches emitted from the alarm systems in residential units.
C.
The owner or property manager of an apartment complex shall obtain
a separate alarm permit for any alarm system operated in a nonresidential
area of the apartment complex, including, but not limited to, common
tenant areas and office, storage and equipment areas.
[Amended 11-25-2002 by Ord. No. 49-02]
A permit shall be valid unless and until revoked or suspended
in accordance with the terms of this chapter. A new permit shall,
however, be required at the time of a conversion or takeover of the
alarm system, whichever is applicable.
A.
An alarm user shall:
(1)
Maintain the premises and the alarm system in a manner that will
minimize or eliminate false alarm dispatches; and
(2)
Make every reasonable effort to respond or cause a representative
to respond to the alarm system's location within one hour when
notified by the municipality to deactivate a malfunctioning alarm
system, to provide access to the premises or to provide security for
the premises; and
(3)
Not manually activate an alarm for any reason other than an occurrence
of an 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 that an alarm signal audible on the exterior of an
alarm site will sound for no longer than 10 minutes after being activated
(or 15 minutes for systems operating under Underwriters Laboratories,
Inc., Standards 365 or 609).
C.
An alarm user shall have a properly licensed alarm business inspect
his alarm system after three false alarm dispatches in a one-year
period. After three false alarm dispatches, the alarm user must have
a properly licensed alarm business modify the alarm system to be more
false-alarm resistant or provide additional user training as appropriate.
A.
An alarm business performing monitoring services shall:
(1)
Not request dispatch for police response during the first week after
installation of an alarm system, but rather use that week to train
the alarm user on proper use of the alarm system unless extenuating
circumstances necessitate immediate requests for response as determined
by the alarm administrator.
(2)
Report alarm signals by using telephone numbers designated by the
alarm administrator.
(3)
Attempt to verify every alarm signal, except a duress alarm or holdup
alarm, before requesting a police response to an alarm signal.
(4)
Communicate alarm dispatch requests to the municipality in a manner
and form determined by the alarm administrator.
(5)
Communicate verified cancellations of alarm dispatch requests to
the municipality in a manner and form determined by the alarm administrator.
(6)
Ensure that all alarm users of alarm systems equipped with duress
alarm are given adequate training as to the proper use of the duress
alarm.
A.
Alarm businesses shall not program alarm systems so that they are
capable of sending one-plus duress alarms. When performing a takeover
or conversion, an alarm business must remove the one-plus duress alarm
capability from the alarm system being taken over or converted.
B.
Alarm businesses shall not install any devices for activating a holdup
alarm, which is a single-action nonrecessed button.
An alarm user shall maintain at each alarm site a set of written
operating instructions for each alarm system.
A.
The telecommunicator responding to an alarm dispatch request shall
record such information as necessary to permit the alarm administrator
to maintain records, including, but not limited to, the following
information:
(1)
Identification of the permit number for the alarm site, when available.
(2)
Identification of the alarm site.
(3)
Arrival time at the alarm site and dispatch received time.
(4)
Date and time.
(5)
Weather conditions.
(6)
Area and/or subarea of premises involved.
(7)
Name of alarm user's representative on premises, if any.
(8)
Identification of the responsible alarm business.
(9)
Unable to locate the address.
B.
The responding police officer shall advise the telecommunicator to
indicate on the dispatch record whether the alarm dispatch was caused
by a criminal offense, an attempted criminal offense, or was weather-related
(thunder and/or lightning) or appears as a false alarm dispatch.
C.
In the case of an assumed false alarm dispatch, the responding police
officer shall leave notice at the alarm site that the Police Department
has responded to a false alarm dispatch. The notice shall include
the following information:
D.
Alarm businesses which perform monitoring services must maintain
records relating to a request for police dispatch to an alarm site
for a period of at least one year. Records must include the name,
address and phone number of the alarm user, the alarm system zone(s)
or point(s) activated, the time of request for police dispatch and
evidence that an attempt to verify was made to the alarm site prior
to the request for police dispatch. The alarm administrator may request
copies of such records for individually named alarm users.
If there is reason to believe that an alarm system is not being
used or maintained in a manner that ensures proper operation and suppresses
false alarms, the alarm administrator may require a conference with
an alarm user and the alarm business responsible for the repair of
the alarm system to review the circumstances of each false alarm.
A.
The alarm administrator shall oversee the creation and implementation
of a false alarm user awareness class. The two-hour program shall
inform alarm users of the problems created by false alarm dispatches
and teach alarm users how to operate alarm systems without generating
false alarm dispatches.
B.
This class will not be specific to any type of alarm system, merely
techniques or actions on the part of the alarm user to eliminate false
alarm dispatches. The class will be modeled from information received
from the National Burglar and Fire Alarm Association and the False
Alarm Reduction Association.
A.
An alarm user or the master permit holder for an apartment complex
shall be subject to fines, warnings and suspension or revocation of
permit depending on the number of false alarm dispatches emitted from
an alarm system within a twelve-month period based upon the following
schedule:
|
Number of False Alarm Dispatches
|
Action Taken
|
Fines
| ||
|---|---|---|---|---|
|
1
|
On-site written notice and warning letter No. 1
|
0
| ||
|
2
|
On-site written notice and warning letter No. 2
|
0
| ||
|
3
|
On-site written notice and warning letter No. 3
|
$25
| ||
|
(Advise to notify alarm installer to make repairs and/or recertify
alarm)
| ||||
|
4
|
On-site written notice and suspension of permit
|
$25
| ||
|
(False alarm reduction course mandated)
| ||||
|
5
|
On-site written notice and warning letter
|
$50
| ||
|
(Alarm Review Board)
| ||||
|
6
|
On-site written notice and revocation of permit
|
$50
| ||
B.
Fines are to be paid within 30 days of receipt of notification.
C.
In addition, any person operating a nonpermitted alarm system (whether
revoked, suspended or never acquired) will be subject to a citation
and assessment of a $50 fine for each false alarm dispatch, in addition
to any other fines. The alarm administrator may waive this additional
fine for a nonpermitted system if the alarm user applies for a permit
within 10 days after such violation.
D.
An alarm user shall, after the third false alarm dispatch, have the
option of attending a false alarm user awareness class in lieu of
paying the prescribed fine.
E.
Alarm dispatch requests caused by actual criminal offense or with
evidence of a criminal attempt, or deemed caused by weather-related
conditions, shall not be counted as a false alarm dispatch.
A.
An alarm user may appeal assessment of a fine to the Alarm Review
Board by filing a written request for hearing setting forth the reasons
for the appeal within 10 days after receipt of the fine. The filing
of a request for an appeal hearing with the Alarm Review Board stays
the assessment of the fine until the Alarm Review Board makes a final
decision.
B.
The Alarm Review Board shall conduct a formal hearing and consider
the evidence by any interested person(s). The Board shall make its
decision on the basis of the preponderance of evidence presented at
the hearing, including, but not limited to, evidence that a false
alarm dispatch was caused by a defective part that has been repaired
or replaced or that an alarm dispatch request was caused by a criminal
offense. The Board must render a decision within 30 days after the
request for an appeal hearing is filed. The Board shall affirm, reverse
or modify the assessment of the fine. The decision of the Board is
final as to administrative remedies with the municipality.
A.
In addition to suspension or revocation pursuant to § 80-14, the alarm administrator may suspend or revoke an alarm permit if it is determined that:
B.
A person commits an offense if he operates an alarm system during
the period in which his alarm permit is suspended or revoked.
C.
Unless there is separate indication that there is a crime in progress,
the Chief/Director may refuse police response to an alarm dispatch
request at an alarm site for which the alarm permit is revoked.
A.
If the alarm administrator denies the issuance or renewal of a permit,
or suspends or revokes a permit, he or she shall send written notice
of his action and a statement of the right to an appeal, by certified
mail, return receipt requested, to both the applicant or alarm user
and the alarm business. The applicant or alarm user may appeal the
decision of the alarm administrator to the Chief/Director by filing
a written request for a review setting forth the reasons for the appeal
within 20 days after receipt of the notice from the alarm administrator.
An alarm business may submit the request for review on behalf of an
alarm user. Filing of a request for appeal shall stay the action by
the alarm administrator suspending or revoking a permit until the
Chief/Director has completed his/her review. If a request for appeal
is not made within the twenty-day period, the action of the Chief/Director
is final.
B.
Alarm users shall be entitled to a hearing before the Alarm Review
Board, if requested within 20 days of receipt of notice of a sustained
denial or revocation of permit by the Chief/Director. An alarm business
may submit a request for hearing on behalf of an alarm user.
C.
The Alarm Review Board shall conduct a formal hearing and consider
the evidence by any interested person(s). The Board shall make its
decision on the basis of a preponderance of the evidence presented
at the hearing, including, but not limited to, certification that
alarm users have been retrained, that a defective part has been repaired
or replaced or that the cause of the false alarm has been otherwise
determined and corrected. The Board must render a written decision
within 30 days after the request for an appeal hearing is filed. The
Board shall affirm, reverse or modify the action of the Chief/Director.
The decision of the Board is final as to administrative remedies with
the municipality.
A person whose alarm permit has been revoked may be issued a
new permit if the person:
A.
Submits an updated application; and
B.
Pays, or otherwise resolves, all citations and fines; and
C.
Submits a certification from an alarm business that complies with
the requirements of this chapter, stating that the alarm system has
been inspected and repaired (if necessary) by the alarm business.
A person commits an offense if he violates, by commission or
omission, any provision of this chapter that imposes upon him a duty
or responsibility and is subject to a fine of not more than $50 for
each offense.
