[HISTORY: 1973 Code §§ 22-1—22-8 as
amended through October 13, 2016. Amendments noted where applicable.]
The Mayor and Council of the Borough of North Caldwell finds
that the existence within the borough of external audible alarm systems
which do not contain automatic cutoff systems permits the continuing
emission of loud alarm signals without termination and that, in the
event of unavailability of those able to control and terminate the
alarm, persons in the vicinity are exposed to these loud noises for
lengthy, indefinite periods without means of obtaining relief; that
this condition is inimical to the public health and welfare and to
the well-being of persons within the borough; and that lengthy emission
of alarm signals is not necessary to the legitimate purposes of the
property owner or occupant. The Mayor and Council further finds that
many residents and commercial entities have installed burglar, fire
and other warning devices within their residences or buildings with
the alarm wired to the Police Department, and that numerous false
alarms from said devices requiring police response cause unnecessary
expense to the Police Department and the unproductive diversion of
police personnel and equipment from their public safety function within
the borough.
The purpose of this chapter is to establish regulations concerning
the operation and maintenance of certain alarm systems within the
Borough of North Caldwell and to provide penalties for violations
of any of the provisions set forth herein.
For the purposes of this chapter, the following definitions
shall apply:
Any type of alarm-actuating equipment which provides warning
of intrusion, fire, smoke, burglary, flood or like perils, including
dial alarms (devices using normal telephone lines transmitting notification
by telephone directly to the police headquarters) and direct alarms
(devices using telephone lines terminating in an alarm panel located
in police headquarters).
That component installed in police headquarters containing
alarm indications and designations.
The installation in one or more buildings of one or more
alarm devices for the express purpose of giving visual or audible
warning, or both, of an emergency such as a burglary, intrusion, fire,
smoke, flood or like perils.
A device that emits an audible signal from the premises that
it is designed to protect.
An alarm signal necessitating response by the North Caldwell
Police or Fire Department where an emergency situation does not exist.
A.
All external audible alarms shall be equipped with a timing device
that will automatically silence the external audible alarm within
15 minutes after it is actuated.
B.
All alarm systems with an external audible alarm shall be equipped
with an auxiliary or backup electrical power source designed to prevent
the alarm system from being actuated by a temporary power interruption
or outage.
C.
It shall be the responsibility of all persons maintaining an alarm
system equipped with an external audible alarm to assure that the
automatic silencing device and auxiliary power source required hereby
are properly serviced and in good working order.
D.
The fee for said installation permit shall be as established by resolution
of the Mayor and Council.
A.
It shall be the responsibility of all persons maintaining an alarm
system within the borough to leave with the Police Department the
name of a person or persons who can be reached in case of an emergency
or malfunction of the alarm device in order that the device can be
temporarily disconnected. In lieu thereof, this requirement may be
fulfilled by leaving a tagged key to the premises with the Chief of
Police of the borough provided that in so doing the owner thereby
releases the Borough of North Caldwell and the Police Department from
any claims of damage or loss in connection with said action.
B.
Persons having an alarm device which is being tested or repaired
shall notify the Police Department before tests or repairs commence
and after completion of same so as to avoid the possibility of activating
a false alarm.
A.
It shall be the responsibility of all persons maintaining an alarm
system within the borough to prevent the transmission of false alarms
through a program of training and periodic inspection and maintenance
of the system.
B.
Notification and investigations. In the case of a false alarm, any
person having knowledge thereof shall immediately notify the Police
Department. In the case of false alarms, the Chief of Police shall
cause an investigation to be made and keep a record of the alarms
on file.
C.
Penalties for false fire alarms.
Persons maintaining a fire alarm system shall be subject to
the following penalties for false fire alarms:
[Ord. No. 2-09]
(1)
For the first three false alarms, a warning shall be issued by the
Police Department.
(2)
For the fourth false alarm, a fine of not less than $100 and not
more than $200.
(3)
For the fifth false alarm, a fine of not less than $100 and not more
than $300.
(4)
For the sixth false alarm, a fine of not less than $100 and not more
than $400.
(5)
For the seventh or subsequent false alarm, a fine of not less than
$100 and not more than $500.
(6)
In the event that a person is convicted of violating this section
within one year of the date of a previous conviction and fine for
a violation of this section, said person shall be fined as a repeat
offender in accordance with N.J.S.A. 40:49-5 with an additional, separately
calculated fine in an amount not less than the minimum and not more
than the maximum fine fixed for a violation of this section.
(7)
A mandatory appearance before the North Caldwell Municipal Court
shall be required of any person charged with a third or subsequent
false alarm during a twelve-month period commencing with the first
violation of this section. For purposes of this subsection, the term
"charged" shall include the first false alarm during a twelve-month
period for which a warning was issued.
(8)
In the event of a fifth or subsequent false alarm, in addition to
the fine established herein, an investigation shall be conducted by
the Police Department. Where the investigation of the Police Department
discloses continued abuse of or negligent operation or maintenance
of an alarm device and a disregard of the taking of remedial steps
to avoid false alarms, the Police Chief may require disconnection
of the device from the alarm panel for a limited or permanent time,
provided that no disconnection shall be made without giving the owner
or user of the alarm device an opportunity to show cause before the
Mayor and Council why such action should not be taken.
D.
Penalties for false burglar alarms.
Persons maintaining a burglar alarm system shall be subject
to the following penalties for false burglar alarms:
[Ord. No. 2-09]
(1)
For the first three false burglar alarms, within any given calendar
year, a warning shall be issued by the Police Department.
(2)
For the fourth false burglar alarm, within any given calendar year,
a fine of not less than $100, and not more than $200.
(3)
For the fifth false burglar alarm, within any given calendar year,
a fine of not less than $150, and not more than $300.
(4)
For the sixth false burglar alarm, within any given calendar year,
a fine of not less than $200, and not more than $400.
(5)
For the seventh or subsequent false burglar alarm, within any given
calendar year, a fine of not less than $300, and not more than $750.
(6)
A mandatory appearance before the North Caldwell Municipal Court
shall be required of any person charged with a sixth, or subsequent
false burglar alarm, within any given calendar year. For purposes
of this subsection, the term "charged" shall include the first three
false burglar alarms within any given calendar year for which a warning
was issued.
(7)
In the event of a seventh or subsequent false burglar alarm, in addition
to the fine established herein, an investigation shall be conducted
by the Police Department. Where the investigation of the Police Department
discloses continued abuse of, or negligent operation or maintenance
of, a burglar alarm device and a disregard of the taking of remedial
steps to avoid false alarms, the Police Chief may require disconnection
of the device from the alarm panel for a limited or permanent time,
provided that no disconnection shall be made without giving the owner
or user of the alarm device an opportunity to show cause before the
Mayor and Council why such action should not be taken.
Any person violating any of the provisions of this chapter, except § 22-6 governing repeated false alarms and penalties therefor, shall, for each offense, be subject to a penalty as stated in Chapter 1, Article II General Penalty, Section 1-5 et seq. in the discretion of the Judge of the North Caldwell Municipal Court. Each incident shall be considered a separate violation.
The provisions of this chapter shall apply to alarm systems placed in service prior to or subsequent to the effective date of this chapter; provided, however, that persons responsible for existing alarm devices shall have 30 days from the effective date of this chapter to provide to the Police Department the information required by § 22-5, and shall have 90 days from the effective date of this chapter to equip any nonconforming audible alarm device with the automatic silencing mechanism required by § 22-4.
