[HISTORY: Adopted by the Mayor and Council of the Borough
of Ho-Ho-Kus 2-28-2012 by Ord. No. 1003. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any business operated by a person, partnership, corporation
or other business entity, 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. This definition
does not include those retail establishments which only sell alarm
devices or alarm systems over the counter.
Any type of alarm-activating equipment which provides warning
of burglary, intrusion, fire, flood or other potential for harm to
life or property. Medical alert devices, smoke detectors and carbon
monoxide detectors not integrated/connected into a central alarm receiving
station are exempt from the registration provisions of this chapter.
An alarm system failing to operate or work properly.
The installation in a building or structure of one or more
alarm devices for the express purpose of giving visual, audible and/or
electronic warning of an emergency such as burglary, intrusion, fire,
flood or other potential for harm to life or property.
Any person, partnership, association, corporation, company
or organization or authorized agent thereof of any kind in control
of any building, structure or facility wherein an alarm device or
alarm system is operated.
An alarm signal eliciting a response by police, firefighters,
other emergency personnel or other public officials when a situation
requiring a response by police, firefighters, other emergency personnel
or other public officials does not in fact exist. A false alarm shall
not include an alarm signal caused by violent conditions of nature,
such as, but not limited to, lightning, tornadoes, hurricanes, windy
conditions, power issues or other extraordinary circumstances not
reasonably subject to control by the alarm business or alarm user.
A device giving an audible alarm indicating smoke and/or
fire within a structure and not connected to an alarm system or to
any external warning device.
A.
No person or business entity shall install, operate or maintain any
alarm device or alarm system unless the alarm device or alarm system
is annually registered with the Borough of Ho-Ho-Kus Police Department.
An alarm device or alarm system shall be deemed registered at such
time as a registration form supplied by the Police Department is completed
as to all information requested therein and is returned to the Police
Department along with the annual registration fee paid in full. This
registration shall take place no later than January 30 or within 30
days of installation of a new system; provided, however, that any
alarm device or system installed before the effective date hereof
shall be registered within 45 days of the adoption of this chapter.
Among the information to be provided on the registration form is the
following:
(1)
The name, address and telephone number of the owner of the property
upon which the alarm device or alarm system is installed.
(2)
The name, address and telephone number of the manager of the property
upon which the alarm device or alarm system is installed, if applicable.
(3)
A list of the names, addresses and telephone numbers of at least
three persons to be contacted in the event of an alarm or in an emergency
situation as determined by the Police Department or Fire Department.
(4)
The name, address and telephone number of the installer of the alarm
device or alarm system.
(5)
The type of alarm device or alarm system.
(6)
The name, address and telephone number of the person(s) or company
maintaining the alarm device or alarm system.
B.
Subsequent to the annual registration period, if there is any material
change in the information previously provided during the annual registration
with respect to any alarm device or alarm system, it shall be the
duty of the property owner or manager to file an amended registration
form containing accurate current information within 10 days of the
change.
C.
The change in ownership of a property with an alarm system shall
be deemed a material change and shall require the filing of a new
registration form submitted to the Police Department along with the
annual fee.
D.
An initial registration fee for an alarm system shall be $100.
E.
The annual fee in the amount of $25 shall accompany each annual registration
form.
A.
The Police Department shall cause a record to be made of all alarms,
inclusive of all false alarms, in any calendar year. The following
penalties shall apply to the person responsible for any alarm device:
(1)
For the first through third false alarms and alarm malfunctions,
a written warning shall be issued.
(2)
For the fourth and fifth false alarms and alarm malfunctions, there
shall be imposed a fine of $50 for each such false alarm or alarm
malfunction.
(3)
For the sixth through ninth false alarms and alarm malfunctions,
there shall be imposed a fine of $150 for each such false alarm or
alarm malfunction.
(4)
For the 10th and subsequent false alarms and alarm malfunctions,
there shall be imposed a fine of $250 for each such false alarm or
alarm malfunction.
(5)
In addition to the penalty noted above, any owner or user of an alarm
system (other than a fire alarm system) which experiences more than
12 false alarms in any calendar period may be required to disconnect
said alarm system for a period of 90 days, unless said system is required
by law, and provide a statement from those that service the alarm
system that the malfunction has been corrected.
B.
Fire alarm systems. Any owner or user of an alarm device or alarm
system which experiences more than four fire false alarms within any
twelve-month period shall be required by the Fire Department to modify
or improve said system in such a way as to prevent accidental activation
and may be subject to penalty by the Fire Prevention Bureau in accordance
with the Uniform Fire Code (N.J.A.C. 5:70-1.1 et seq.) or other applicable
law. Prior to modifying any required system, the owner shall submit
a construction permit application showing the design and nature of
the proposed modifications.
A.
All burglar alarm devices or alarm systems must be provided with
a device which will automatically shut off the audible alarm function
only after 15 minutes of activation.
B.
All burglar alarm devices or alarm systems not fitted with an external
key switch shall be equipped with a time delay of at least 15 seconds,
which may include an audible signal of the same length of time, said
time delay to be designed to prevent accidental activation of the
system. The fifteen-second signal, if utilized, shall be audible only
within the structure and not externally.
C.
In the event that an alarm device or alarm system other than a fire
or burglar alarm system is tied into and/or serviced by a central
station or answering service, upon activation of said alarm device
or alarm system, the central station or answering service shall verify
the validity of the alarm prior to notifying the Police Department
of the same. Auto-dialing systems calling E911 or any other public
safety phone number with a recorded message are prohibited.
D.
The resetting of any transmitted fire alarm shall be done in the
presence of the Fire Department. In no case shall an alarm be reset
prior to the Fire Department's authorization. In the case of
burglar alarms, the Police Department shall not be responsible for
resetting the alarm device or alarm system.
A.
Maximum penalty. For violation of any provision of this chapter,
including the failure to register an alarm device or alarm system,
the maximum penalty, upon conviction, shall be one or more of the
following: a fine not exceeding $1,000, or imprisonment for a period
not exceeding 90 days, or a period of community service not exceeding
90 days, at the discretion of the Municipal Court Judge (N.J.S.A.
40:49-5, as amended).
B.
Separate violations. Except as otherwise provided, every day in which
a violation of any provision of this chapter exists shall constitute
a separate violation.
C.
Application. The maximum penalty stated in this section is not intended
to state an appropriate penalty for every violation. Any less penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
D.
Additional remedies. The imposition of a penalty as provided in Subsection A above shall be in addition to any injunctive or remedial relief which is authorized under the laws of the state, with the same force and effect as though provided for in this Code. Such penalty shall not be deemed to be in lieu of any provision for revocation or suspension of any license or permit.
The provisions of this chapter shall not apply to any alarm
device or alarm system installed on property occupied by any Borough,
county, state or federal government agency or office or to alarms
used for medical emergencies only.
A.
In response to any alarm signal indicating panic or medical emergency,
as so authorized by the alarm system owner in the permit application,
the Police Department and/or Fire Department may enter the premises,
by force if necessary, to respond to such signal, and the Borough
of Ho-Ho-Kus and its various departments, agencies and officials shall
be held harmless from and on account of any and all damages arising
out of such entry.
B.
Any panic or medical emergency alarm which has not been properly
registered with the Police Department in accordance with this chapter
will be considered a real emergency, and entry will be made to the
premises, by force if necessary, in response to such signal. In such
cases, the Borough and its various departments, agencies, and officials
shall be held harmless from and on account of any and all damages
arising out of such entry.
All ordinances or parts of ordinances which are inconsistent
with the provisions of this chapter are hereby repealed to the extent
of such inconsistency.
If any portion of this chapter is adjudged unconstitutional
or invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of this chapter, but shall
be confined in its effect to the provision directly involved in the
controversy in which such judgment shall have been rendered.
This chapter shall take effect after final passage and publication
as required by law.
