The purpose of this chapter is to provide standards and regulations for various types of intrusion, burglar, robbery, fire, medical and other emergency alarm equipment which produce a visual or audible signal or function by direct line, radio or telephone or which by any other means require a response by the Department of Police, Fire Service, Emergency Medical Service or other municipal agency.
[HISTORY: Adopted by the Township Committee of the Township of New Hanover 3-9-1993 by Ord. No. 1993-1. Amendments noted where applicable.]
The provisions of this chapter shall apply to alarm businesses and to any person who operates, maintains or owns an alarm device, dial alarm or local alarm designed to produce a visual or audible signal of an emergency and designed to summon or alert the police, fire service, emergency medical service or other municipal agency in response to any type of alarm signal.
As used in this chapter, the following terms shall have the meanings indicated:
The business, by an individual, partnership, corporation or other entity, of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed, any alarm system in or on any building, structure or facility.
Equipment or device, or an assembly of equipment and devices, to signal the presence of an emergency or hazard requiring urgent attention and to which the Department of Police, Fire Service, Emergency Medical Service or other municipal agency may be expected to respond. In this chapter, the term "alarm system" shall include the terms "alarm device," "dial alarm" and "local alarm."
The person, firm, partnership, association, corporation, company or other organization of any kind in control of any building, structure or facility armed with an alarm system.
The Chief of Police of the Township of New Hanover or his or her designated representative.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
As defined in the Township Code and the State Uniform Construction Code, N.J.A.C. 5:23-1.4.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Department of Police of the Township of New Hanover.
[1]The designated representative of the Chief of Police or the Fire Official who performs a function required or permitted by this chapter under the supervision of the Chief of Police or the Fire Official, respectively.
Any type of alarm system using telephone lines to transmit an alarm directly to the police switchboard or any other agency providing warning of intrusion, fire or other peril.
Any alarm or signal of an alarm actuated by inadvertence, negligence or an intentional or unintentional act of a person other than an intruder, including any alarm or signal of an alarm caused by mechanical failure, malfunction or improper installation of the alarm system and related equipment, thereby eliciting response by the Department of Police, Fire Service, Emergency Medical Services or other municipal agency when a situation requiring an emergency response by the same does not in fact exist. However, alarms or alarm signals are not included when caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to controls by the alarm business operators or alarm users.
Includes the following:
A person certified by the Commissioner of the Department of Community Affairs and appointed or designated by the appointing authority of a local enforcing agency to direct the enforcement of the Code; also refers to any certified fire inspector working under the direction of the Fire Official.
Authorized fire companies providing fire protection and suppression within the Township of New Hanover.
Any alarm system which, when activated, produces a signal not connected to any outside agency or the police switchboard, including but not limited to business burglar alarms actuating audible devices providing warning of intrusion or other peril. The term "local alarm" shall not include an alarm system solely connected to a registered motor vehicle, nor shall the term include equipment designed to signal solely within a building or series of buildings and which does not emit signals, visible or audible, to persons outside such building or buildings.
Authorized medical service(s) providing medical care within the Township of New Hanover.
The Municipal Court of New Hanover Township and Wrightstown Borough.
Any person who owns an alarm device and has obtained a registration permit according to the provisions of this chapter.
Any natural person or individual, firm, partnership, association, limited partnership, proprietorship, corporation or any other business entity.
Notice by certified mail, return receipt requested, or hand-delivered and signed for by the responsible party.
A.
Every alarm business shall obtain a contractor's license from the Construction Office upon the effective date of this chapter and prior to the installation or repair of an alarm system, unless exempt by state law. Each license must bear the signature of the Construction Official and shall remain bona fide for one year. A copy of this license shall be in the possession of the alarm business installers, repairmen and salesmen and shall be available for inspection by any police, fire or construction official of New Hanover Township or any alarm user contracting service from the alarm business.
B.
Every alarm business providing monitoring services of fire alarm or protection systems within the Township of New Hanover shall be subject to approval by the Fire Official or Police Chief.
C.
Every alarm business selling, leasing or furnishing to any user an alarm system which is installed on premises located in the area subject to this chapter shall furnish the user with instructions that provide information to enable the user to operate the alarm system properly and to obtain service for the alarm system at any time.
A.
An installation permit is required in accordance with the Uniform Construction Code (N.J.A.C. 5:23-2.14 and 5:23-2.15).
B.
Any alarm business which fails to obtain an application and to pay the appropriate fee prior to installing an alarm in New Hanover Township, as described in this chapter, is subject to the penalties set forth in § 59-11 of this chapter for each violation.
C.
Any alarm business which installs any alarm equipment not in compliance with this chapter, the New Jersey Uniform Fire Code, N.J.A.C. 5:70 et seq., or the Uniform Construction Code, N.J.A.C. 5:23 et seq., of the State of New Jersey is subject to the penalties set forth in § 59-11 of this chapter for each violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
No person shall install, operate or maintain any burglar or robbery alarm system unless the system has been registered with and approved by the Chief of Police. No person shall install, operate or maintain any medical or fire alarm system unless the system has been registered and approved by the Fire Official. No permit shall be issued prior to an acceptance or satisfactory inspection of the alarm system by the Chief of Police or Fire Official, as appropriate, or their designees. A fee of $25 will be required for each registration. For any alarm system operative upon the adoption date of this chapter, the alarm user shall be given 60 days to register the system.
B.
All alarm systems, no matter what type, shall be registered with the Chief of Police and the Fire Official on a form which shall include the name, type, location and description of all of the alarm system equipment; name, address and a twenty-four-hour telephone number of the alarm service company or a person responsible for its maintenance; names, addresses and the twenty-four-hour telephone numbers of at least three persons to be contacted in the event of an alarm; name of the person responsible to remit any fees or fines assessed under this chapter; name and address of the fire and/or theft insurance carriers; and all other information as may be required by the Chief of Police or the Fire Official.
C.
Permits for alarm systems shall not be issued for buildings which are not occupied by the applicant until the Chief of Police or the Fire Official receives satisfactory proof that the occupant of the building has been notified of the intent to install an alarm system within that building.
D.
If a change occurs in the information previously submitted, it shall be the duty of each permittee to notify the Chief of Police or the Fire Official of any change in the registration information within 10 days of such change. Failure to comply with these provisions will be deemed a violation of this chapter and shall subject the violator to the penalties set forth in § 59-11.
A.
Investigations. In the case of false alarms which summon the Police Department, Fire or Medical Service to respond, the Chief of Police or the Fire Official, as appropriate, shall initiate an investigation and shall keep a record of such false alarms on file.
B.
In the event of the occurrence of three false alarms in a twelve-month period, the permittee shall, within three working days after written notice from the Chief of Police or the Fire Official, complete a written report setting forth the cause or causes of the false alarms, the corrective action taken, a statement as to whether or not the alarm system has been inspected by an alarm service company, verification of a copy sent to his appropriate insurance carrier and such other information as the Chief of Police or the Fire Official may reasonably require. New installation of any alarm system shall be granted a sixty-day grace period prior to monetary penalties being assessed.
Any person testing an alarm system covered by any provision of this chapter shall notify police headquarters immediately prior to and immediately after the testing is completed. Any alarm user or alarm business violating this chapter shall be subject to a fine of $100 for the first offense and $200 for every offense thereafter.
A.
Every permittee shall, by acceptance of a permit, be deemed to have consented to inspection of the premises on which said alarm devices are located, at reasonable hours, by the Chief of Police or the Fire Official or their designated representatives.
B.
Maintaining or installing unauthorized equipment shall be in violation of this chapter, and the person responsible for the same shall be subject to the penalties set forth in § 59-11.
C.
In the event that any person subject to the provisions of this chapter is directed by the Chief of Police or the Fire Official to correct a defect in an alarm system and fails to comply with such directive, written notice shall be sent to the appropriate insurance carrier and the permittee shall be subject to the penalties set forth in § 59-11.
D.
Any alarm other than fire alarm systems sounding an audible signal shall have built into its mechanism a device that shall automatically shut off the audible signal within 15 minutes.
E.
Direct dial alarms must be equipped with a device that will prevent more than two repeated transmissions of an alarm for the same emergency, with each message being 25 seconds or less.
F.
By installing an alarm system and registering the same with the Township of New Hanover, each permittee agrees to indemnify and hold harmless the Township of New Hanover, its agents, servants and employees from and against all claims, suits, damages, costs, losses and expenses and to release the Township of New Hanover, its agents, servants and employees from any and all liability or damages resulting from or arising out of or connected with the installation, operation or maintenance of the alarm systems or any act of omission connected therewith and occurring on the property on which the alarm system is installed; provided, however, that such indemnification, holding harmless and release by the permittee under this chapter does not extend to acts of negligence on the part of the Township, its agents, servants and employees.
G.
Police or fire officials may enter into the premises of the permittee with an alarm company representative, or any other person designated by the permittee, when the alarm fails to reset and that alarm is effecting the health, safety or general welfare of other citizens. Any expense incurred in deactivating a nuisance shall be the responsibility of the permittee.
The Chief of Police and the Fire Official, jointly, may from time to time promulgate rules and regulations in furtherance of the administration of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person who fails to comply with any requirement of this chapter where no specific penalty applies or who intentionally causes or assists in causing a false alarm of an emergency to be given in any manner shall, upon conviction thereof, be subject to imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days and/or shall pay a fine not exceeding $1,000. In default of the payment of any fine imposed hereunder, any person convicted of a violation of this chapter may, at the discretion of the Municipal Judge, be imprisoned in the county jail for a term not exceeding 90 days.
A.
Any municipal, county, state or federal government agency or office shall be exempt from the registration permit fee and/or any monetary penalties that may be assessed by this chapter.
B.
The provisions of this chapter shall not apply to the general alerting alarms that may be used by fire companies, ambulance squads or emergency management agencies to summon response of their members.
All information submitted in compliance with this chapter shall be held in the strictest confidence and shall be deemed a record exempt from public disclosure pursuant to state statute. Any violation of confidentiality shall be deemed a violation of this chapter.