Township of Pequannock, NJ
Morris County
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Table of Contents
Table of Contents
[Amended 3-28-2006 by Ord. No. 2006-6]
The purpose of this chapter is to provide standards and regulations for various types of intrusion, burglar, fire and other emergency alarm devices which will directly or indirectly cause a response by the Police Department, Fire Department or other municipal agencies.
[Amended 3-28-2006 by Ord. No. 2006-6]
The provisions of this chapter shall apply to any person who operates, maintains or owns any location which requires a response to any type of alarm signal. The terms of this chapter shall in no way prohibit alarm companies from providing service by private source to other offices within or without the Township of Pequannock, provided it/they comply with the rules and regulations of alarm systems.
The Chief of Police is hereby authorized and empowered to adopt such rules as he may deem reasonably necessary to fulfill the purposes of this chapter. Such rules shall be in writing and shall be given to each permittee at the time of the issuance or renewal of such permits or at the time of the promulgation or amendment thereof.
[Amended 3-28-2006 by Ord. No. 2006-6]
A. 
Any person, firm or corporation which owns or operates an alarm device shall make application for continuance thereof in writing to the Chief of Police on the form provided by the Police Department, which application shall contain at least the location of the device, the person responsible for maintenance of the device, the type of device, provisions relating to false alarms and testing procedures, a list of persons to be contacted in the event of an alarm, and other information as may be required by the Chief of Police.
B. 
Alarms shall be registered, but no fee shall be charged therefor.
C. 
Any registration permitted hereunder shall be accepted upon the express condition that the registrant shall indemnify and hold the Township of Pequannock harmless from and on account of any and all damages arising out of the activities of the registrant, its alarm contractor.
D. 
Alarm permits shall not expire. The Chief of Police shall be notified in writing of any change in the alarm registration information.
A. 
Notwithstanding the payment of any fee as herein required and/or the receiving or issuance of any permit as herein required, the Police Department of the Township of Pequannock shall be under no obligation whatsoever concerning the adequacy, the operation or maintenance of the alarm system so installed, and the Township of Pequannock and its authorized agents hereby assume no liability whatsoever for any failure of any such alarm system, failure to respond to any such alarms or for any act of omission of commission as a result of any such alarm, device or system.
B. 
The applicant or permittee, upon the acceptance of such permit, hereby agrees to hold and save harmless the Township of Pequannock, its agents or employees from any liability whatsoever in connection with any such alarm system or the operation of the same.
C. 
Any individual permit issued hereunder may be revoked at any time by the Chief of Police, provided that 30 days' notice is given in writing to said permittee.
[Amended 3-28-2006 by Ord. No. 2006-6]
A. 
Time delay. All audible alarms shall be equipped with a time delay or battery to limit the sounding of an alarm to 10 minutes or less.
B. 
Business owners, occupants of commercial establishments, home owners, or residents of Pequannock Township, shall be deemed responsible for any and all false alarms generated by an alarm system located on their premises. This provision shall apply whether or not an alarm has been properly registered in accordance with the applicable ordinances.
[Amended 3-28-2006 by Ord. No. 2006-6]
As used in this section, the following terms shall have the meanings set forth.
ALARM SYSTEM
Any system installed to serve an improved property, dwelling, building, or other facility and designed or used for detection of fire, smoke or similar hazards, the detection of unauthorized entry, the commission of an unlawful act, or the detection of any one or more of the foregoing, or for reporting any emergency, which system communicates or causes the communication of information, either directly or indirectly, to a dispatch center authorized by the Township. An alarm system may be any one of the following types:
A. 
Which through telephone lines activates an audible alarm at a dispatch center and provides both an information read-out and printout.
B. 
Which automatically selects a telephone trunk line of a dispatch center and then reproduces a prerecorded message.
C. 
Which automatically alerts a person, beyond the limits of the property served, who is engaged in the business of relaying information by telephone to a dispatch center.A device used by a Township resident for the sole purpose of giving notification of a medical emergency and summoning medical assistance shall not be considered to be an alarm system as defined herein and shall not be subject to any of the provisions of this section. Which automatically alerts a person, beyond the limits of the property served, who is engaged in the business of relaying information by telephone to a dispatch center.A device used by a Township resident for the sole purpose of giving notification of a medical emergency and summoning medical assistance shall not be considered to be an alarm system as defined herein and shall not be subject to any of the provisions of this section.
D. 
The Township police department, the Township fire department, any communications center operated by the County of Morris or any central alarm monitoring facility which communicates the activation of an alarm to the police dispatch center.
E. 
Any signal or message by an alarm system or central alarm monitoring facility to the police dispatch center to which a response is initiated, which signal or message was directly or indirectly caused or produced by an alarm system in the absence of any smoke, fire, similar hazard, unauthorized entry, commission of an authorized act, or the existence of any other emergency, and whether caused by intentional act, negligence, mechanical failure, malfunction or improper installation or maintenance of the system. Activations caused by power shall not be considered false alarms, provided, however, that an activations resulting from a failure to install an anti-power surge device or any other equipment or device required by applicable State regulation(s) shall constitute a false alarm unless carelessness, improper installation or incorrect care or maintenance is determined to be the cause of the activation.
[Amended 3-28-2006 by Ord. No. 2006-6]
A. 
No person shall install, maintain, use or cause or permit to be used any alarm system with the Township unless a permit has been issued in accordance with the provisions of this section.
B. 
Permits shall be updated in writing with the Chief of Police at any time when the original information has changed. Failure to update alarm information shall constitute a violation.
C. 
No person shall use an alarm system that has not been registered with the Chief of Police.
D. 
The issuance of a permit, shall not relieve any person from the requirements of the State Uniform Construction Code as amended and regulations enacted thereunder for a permit under the Electrical Subcode and/or Fire Subcode to install, alter or repair an alarm system.
E. 
A permit application shall be considered to be approved after being reviewed and accepted by the Chief of Police. No paper copy of an approved permit shall be issued.
[Amended 3-28-2006 by Ord. No. 2006-6]
Any person desiring to use an alarm system upon improved property owned or occupied by such person shall submit a written application to the police department and Bureau of Fire Safety for a permit for the system. An application form shall be available in the office of the Township police department and shall require the following information over the signature of the applicant:
A. 
The name, address and telephone number of the applicant.
B. 
The location of the property to be served.
C. 
The name, address and telephone number of the company which will supply and maintain the alarm system.
D. 
The name, address and telephone number of the company providing monitoring service to the alarm system.
E. 
The particular type of alarm system.
F. 
The name and telephone number of a person or persons to be notified of a faulty alarm system at any time when no one is present on the property served by the system.
[Amended 3-28-2006 by Ord. No. 2006-6]
The Chief of Police, the Fire Official of his designee shall cause each initial application for a permit to be reviewed for the purposes of determining whether the system proposed by the application meets applicable standards for the private alarm system set forth in Subsection 041.03.050. The Chief of Police shall issue an initial permit for the proposed private alarm system within five calendar days after the receipt of the application unless he is of the opinion that the proposed system will not meet applicable standards in which case the Chief of Police/Fire Official shall advise the applicant in writing of the reason or reasons for refusing to issue the permit.
Installation, alteration or repair of a private alarm system shall be inspected by the electrical subcode official or fire protection subcode official in accordance with the regulations promulgated under the State Uniform Construction Code. Copies of reports of inspections shall be filed with the, Township chief, of police. Copies of reports of inspection(s) should be filed with the Chief of Police and fire official.
No application for an initial permit shall be filed or accepted for any tape, dialer system. This Prohibition shall not affect the renewal of a permit for any such system provided that an initial permit for the system was issued prior to August 31, 1994.
[Amended 3-28-2006 by Ord. No. 2006-6]
All permits for alarm systems shall be issued upon the following terms and conditions:
A. 
A permit shall be issued for each separate improved property and no permit shall be transferred or assigned in any manner.
B. 
All alarm systems installed in the Township shall utilize equipment and methods of installation substantially equivalent to or exceeding the minimum applicable current American National Standards Institute (ANSI), Underwriters Laboratories (UL) or National fire Protection Association (NFPA) Standards and/or standards oil the State Uniform Construction Code and regulation promulgated thereunder, all of said standards shall be available in the office of the Township Construction Code official. The type of system, level of protection, grade of service and area protected shall be selected by the owner or occupant of the property served by the system. If required, an applicant shall furnish complete information and specifications for the system. Such information shall include specific data relating to testing procedures and the prevention of false alarms.
C. 
Every permit shall be subject to rules and standards which may be promulgated by the Township Chief of Police/Township fire official. These rules shall be in writing and shall be given to each person who may apply for an initial or renewal permit or to each permittee at the time of said promulgation or amendment.
D. 
Every alarm system shall be maintained in proper working condition. All alarm systems shall be inspected, tested and maintained in strict compliance with the manufacturer's instructions, approvals and minimum standards referred to in Subsection 41.03.070(b). All system components shall be inspected, tested and serviced at least once each year by an authorized servicing agent.
E. 
Whenever, by reason of a false alarm or alarms, the Chief of Police/Township fire official may determine that an alarm system is not in proper operating condition, the person responsible for the alarm shall, upon receiving written notice from the Chief of Police/Township fire official, have the system inspected and serviced by an authorized servicing agent within 48 hours after receiving such notification. A copy of the agent's report shall be filed with the Chief of Police/Township fire official.
F. 
Any prerecorded message resulting from the operation of an alarm system shall be worded in a form approved by the Chief of Police/Township fire official. No prerecorded telephone message shall repeat for a continuous period of more than three minutes.
G. 
Whenever following the issuance of an initial permit or renewal permit there is a change in the information previously furnished by the applicant, the permitted shall promptly notify the Chief of Police/Township fire official of such change.
H. 
Every permittee shall accept the provisions of 41.03.080, which shall appear on the permit.
[Amended 3-28-2006 by Ord. No. 2006-6; 5-24-2011 by Ord. No. 2011-13; 4-22-2014 by Ord. No. 2014-04]
A. 
Reports of False Alarms. The Chief of Police at his discretion shall cause a report of constantly recurring false alarms by an alarm system in the Township to be prepared and submitted to the police department on a form provided by the Chief of Police. Sufficient information shall be furnished to enable the Chief of Police to determine whether inspection and servicing of the system should be required as provided in Subsection 41.03.090.
A copy of the agent's report shall be filed with the Township fire official and Chief of Police.
B. 
Fees for False Alarms; Violations for Failure to Pay.
1. 
The Chief of Police and Fire Official shall be responsible for maintaining records of false alarms pursuant to the provisions of 41.03.070.
2. 
There shall be a false alarm fee charged after the first false alarm in a calendar month. The fee shall be billed by the Police Department by notice mailed to the responsible party. The following false alarm fees shall be assessed upon the residential property owner, business owner, or person responsible for the system:
Residential Alarm Fee Schedule
For 1 false alarm in a calendar month:
No fee
For 2 false alarms in a calendar month:
$20
For 3 false alarms in a calendar month:
$50
For 4 to 6 false alarms in a calendar month:
$100
For 7 or more false alarms in a calendar month:
$200
Commercial Alarm Fee Schedule
For 1 false alarm in a calendar month:
No fee
For 2 false alarms in a calendar month:
$20
For 3 false alarms in a calendar month:
$50
For 4 to 6 false alarms in a calendar month:
$200
For 7 or more false alarms in a calendar month:
$350
3. 
Alarm fees shall be paid within 10 calendar days after mailing of notice. The failure to pay the alarm fees within 10 calendar days after mailing shall be a violation of this chapter. An individual violating this chapter shall be subject to a penalty to be enforces in the Municipal Court of a fine not to exceed $100 for the first offense and a fine up to $500 for each subsequent offense which shall be paid in addition to the false alarm fee.
[Amended 3-28-2006 by Ord. No. 2006-6]
A. 
Any permit issued for an alarm system may be suspended by the Chief of Police/fire official if it shall appear that:
1. 
The permittee has failed to comply with the provisions of this section, the terms and conditions of the permit or the rules or standards promulgated by the Chief of Police/fire official with respect to private alarm systems.
2. 
The permittee or his agent knowingly installed or maintains a faulty private alarm system. Six false alarm activations within any 12 months period shall constitute prima facie evidence that the private alarm facility is faulty.
3. 
The permittee has failed to pay a fee for a false alarm or alarms as required by Subsection 41.03.100, within 15 days of the receipt of a notice from the Chief of Police/fire official that such a fee is due.
4. 
The permittee or his agent has failed to comply with a request by the Chief of Police to render necessary services within 48 hours after such request is made by the Chief of Police or Township fire official or has failed to disconnect such system within such period and until such system has been serviced.
B. 
In the event that the Chief of Police/fire official shall determine that a permit for an alarm system should be suspended by reason of the provisions of this subsection, the Chief of Police/fire official shall notify the permittee of the suspension in writing by certified mail forwarded to his last known address, setting forth the reason or reasons for the suspension.
C. 
A suspension shall be terminated by the Chief of Police/fire official when he is satisfied that the conditions stated in the notice of suspension have been corrected or the reasons for the suspension have been corrected or the reasons for the suspension eliminated. Prior to terminating a suspension the Chief of Police/fire official may in his discretion require that the system be inspected by a qualified expert employed by the Township in order to determine compliance with the provisions of this chapter, terms and conditions applicable to permits for alarm systems and rules or standards promulgated by the Chief of Police/fire official with respect to such systems.
[Amended 3-28-2006 by Ord. No. 2006-6]
The Township shall not assume any responsibility whatsoever with respect to the adequacy of operation or maintenance of any alarm system. No action taken by the Township of any of its officials or employees pursuant to the provision of this chapter, shall create any liability upon the Township by reason of any failure of any alarm system, any failure to respond to any emergency-or any act of omission or commission relating to any alarm system. Every person who accepts a permit for an alarm system agrees to hold and save harmless the Township, its officials and employees from any liability whatsoever in connection with the system covered by the permit or its operation.
The Chief of Police shall furnish monthly reports to the Township Manager regarding the number of false alarms reported to the Chief of Police subsequent to the previous monthly report, as well as such details respecting false alarms as the Township Manager may from time to time request.