[HISTORY: Adopted by the Borough Council of the Borough of
Caldwell 8-7-2012 by Ord. No. 1260-12.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
51, Alarm Systems, adopted 7-9-1996 by Ord. No. 1014-96, as amended.
The Borough governing body finds that many owners and occupants
of residential and commercial premises within the Borough have installed
various types of alarm devices for the purpose of detecting or preventing
burglary, fire and other perils; that such devices are of different
types, character and quality; that many of such devices have external
audible alarm systems which emit loud noises; that many of such devices
do not contain automatic shutoff systems and, because of the absence
or unavailability of the owner or operator of such devices, it is
often difficult or impossible to control, terminate or shut off such
devices, thereby exposing persons in the vicinity of such devices
to loud noises for lengthy and indefinite periods of time; that these
conditions are contrary to the public health, welfare and well-being
of persons in the community; and that uncontrolled emission of alarm
signals for lengthy and indefinite periods of time is not necessary
to the legitimate purpose to be served by such devices. The governing
body further finds that the public safety and welfare interests of
the municipality will be promoted if such devices conform to certain
standards. The governing body further finds that the occurrence of
false alarms from the various types of alarm devices and the intentional
or unintentional misuse of such devices cause unnecessary response
by the Police Department, thereby resulting in unnecessary expenses
and an unproductive diversion of police personnel and equipment from
their normal public safety functions.
The purpose of this chapter is to establish regulations concerning
the operation and maintenance of certain alarm devices and systems
within the Borough of Caldwell and to provide penalties for the violation
of any of the provisions hereof.
As used in this chapter, the following terms shall have the
meanings indicated:
The control panel or panels located in police headquarters
for the purpose of receiving alarm signals and for giving alarm indications
and locations.
Any type of alarm-actuating equipment which provides warning
of intrusion, fire, smoke, burglary, flood or like peril, including
a direct alarm or a local alarm. For the purpose of this chapter,
the term "alarm device" shall not include self-contained smoke detectors
with an indoor audible alarm signal.
The installation in one or more buildings of one or more
alarm devices.
An alarm device which has a direct line to an alarm console.
The activation of an alarm where an emergency does not exist,
or an alarm actuated by inadvertence, negligence or an unintentional
or intentional act of someone other than an intruder, and shall include
alarms caused by malfunctioning of the alarm device or alarm system
or its related equipment. The term "false alarm" shall not include
alarms created by malfunctioning of the Police Department alarm console
or other Police Department equipment; or activations caused by public
utility interruptions where such interruptions have been reported
to the police; or activations caused by a natural disaster; or activations
caused by testing or repair of an alarm system or device, provided
that the Police Department has been notified prior to the commencement
of such tests or repairs; or an activation which is immediately followed
by a telephone call to the Police Department, from the owner or operator
of the device, notifying the Police Department that the alarm signal
is to be disregarded.
Any alarm device, other than a direct alarm, which, when
activated, produces an external emergency signal.
Any natural person, partnership or corporation, limited partnership,
association, business, club or organization.
Any person that owns, operates, maintains or has on his/her
property any alarm device within the Borough of Caldwell shall notify
the Police Department in writing and on registration forms available
at the police headquarters. Such notice shall state the name, address
and telephone number of the owner or operator of the alarm device,
the location of the device and the name, address and telephone number
of at least two persons who can be reached in case of an emergency
or malfunction in order that the device can be shut off or temporarily
disconnected.
Any connection of direct alarms to the police alarm console
shall be of a type inspected and approved by the contractor servicing
the police alarm console at the time of the installation of the direct
alarm device. It shall be the responsibility of the person causing
the direct alarm device to be installed to make arrangements with
the approved contractor for the payment of all connection fees and
maintenance charges. The Borough of Caldwell shall not be charged
for alarm console connection fees or maintenance charges. A schedule
of connection fees and maintenance charges shall be maintained at
the Caldwell police headquarters.
All external audible alarms shall be registered with the Police
Department in accordance with this chapter and shall be equipped with
a timing device that will automatically silence the external audible
alarm signal within 30 minutes after it is activated.
The Police Department shall cause a record of all false alarms
that occur in the Borough. The owner or operator of an alarm device
within the Borough shall be subject to the following penalties for
false alarms that occur during any calendar year:
A.
For the first and second false alarms, a written warning shall be
issued to the owner or operator.
B.
For the third and fourth false alarms, there shall be imposed a fine
of $75 for each false alarm.
C.
For the fifth and subsequent false alarms, there shall be imposed
a fine of $150 for each such false alarm. In addition, in the case
of false alarms involving direct alarms, the Police Department shall
conduct an investigation as to the reasons for such continued false
alarms, and, upon a finding by the Police Department that there has
been abuse or neglect in the operation or maintenance of any such
alarm device and a failure to take reasonable action to remedy the
cause of such false alarms, the Chief of Police, or his/her designee,
may require that such alarm device be disconnected from police headquarters,
either temporarily or permanently. No disconnection shall be made
until after 10 days from the date the Police Department has given
written notice to the owner or operator that the device will be disconnected.
The owner or operator shall have the right to appeal the decision
of the Police Department to the Borough governing body. Notice of
an appeal must be in writing and must be filed in the office of the
Borough Clerk not later than 10 days from the date notice of intended
disconnection is given by the Police Department. If an appeal is filed
as provided herein, the Mayor and Council shall hold a public hearing
on the matter and may affirm, reverse or modify the decision of the
Police Department, and no disconnection shall be made until the appeal
is decided by the Mayor and Council.
As a condition prerequisite to the installation of a direct
alarm on the Police Department alarm console with Police Department
headquarters, the owner or operator of such alarm device shall be
required to agree, in writing, to indemnify and hold harmless the
Borough of Caldwell and its agents, servants and employees, including
but not limited to members of the Caldwell Police Department, from
any and all damages arising out of connection of such owner's
or operator's equipment to police headquarters, including all
damages arising out of or as a result of any forced entry by police
personnel into unattended premises occurring during alarm response.
This chapter shall apply to alarm devices placed in service
prior to or subsequent to the effective date hereof; provided, however,
that owners or operators of existing alarm devices shall have 30 days
from the effective date hereof to register such alarm devices with
the Caldwell Police Department in accordance with this chapter and
120 days from the effective date hereof to equip alarm devices having
an external audible alarm with an automatic silencing mechanism as
required by this chapter.
This chapter shall be enforceable in the Municipal Court of
the Borough of Caldwell. Any person who is guilty of violating any
provision of this chapter, other than a provision for which a specific
penalty is indicated, shall be subject to a fine of not more than
$1,000.
If any provision of this chapter or the application thereof
is held invalid for any reason, the invalidity shall not affect other
provisions or applications of this chapter that can be given effect
without the invalid provision or application, and to that end, the
provisions of this chapter are severable.
