[HISTORY: Adopted by the Township Council
of the Township of Saddle Brook 2-26-1987 by Ord. No. 941. Amendments noted where
applicable.]
The purpose of this chapter is to provide regulations
for various types of burglar and fire emergency alarm devices, whether
direct line, radio, local, telephone dialer or any other means so
as to elicit a response by the Saddle Brook Police or Fire Department
or other municipal agency.
The provisions of this chapter shall apply to
any person who installs, connects, operates, maintains, services or
owns any alarm equipment, device or system, including dial and local
alarms, designed to summon the Police Department or, through the Police
Department, the Fire Department or other municipal agency to any location
within the Township of Saddle Brook, in response to any type of signal,
alarm or preprogrammed or prerecorded message.
As used in this chapter, the following terms
shall have the meanings indicated:
Any alarm or signal of an alarm system actuated by inadvertence,
negligence or intentional or unintentional act of a person other than
an intruder, and including as well alarms caused by mechanical failure,
malfunctioning or improper installation of the alarm system and related
equipment, but not including alarms created by mechanical failure,
malfunctioning or improper installation of the alarm console installed
within Saddle Brook Police Headquarters or telephone lines over which
the alarm user or alarm company has no control. When a fire alarm
is received and an investigation of that alarm indicates that there
is no evidence of smoke or fire, such evidence shall create a rebuttable
presumption of a false alarm.
Any kind of equipment, device or system which, when activated,
produces a signal or alarm not connected to the police panel alarm
system, such as a store, burglar or intrusion alarm actuating a bell,
horn or other sounding device, for the purpose of summoning the Police
or Fire Department or other municipal agency to the location thereof
and in response thereto.
Includes any natural person, partnership or corporation or
association.
A.
All applications for the issuance of a license required
under this chapter shall be made in writing to the office of the Chief
of Police on a form provided therefor and shall be accompanied by
an application and processing fee of $15. In addition, said form will
request the applicant to sign a waiver authorizing the Saddle Brook
Police Department to perform a criminal background check through the
New Jersey State Police Bureau of Identification. The cost of said
check will be born entirely by the applicant, payable directly to
the New Jersey State Police, through the Saddle Brook Police, at the
prevailing rate.
[Amended 11-13-1997 by Ord. No. 1148]
B.
All installer's licenses shall expire on December
31 of the year issued, and all licenses for renewal thereof must be
submitted, in writing, on or before January 31 of the succeeding year
for a renewal fee of $10.
C.
No person shall engage in, manage, conduct or carry
on the business of installing, leasing, connecting, maintaining, servicing,
repairing, adjusting, altering, replacing, moving or programming,
in or on any building, place or premises in the Township of Saddle
Brook, any police, fire, burglar, dial, telephone, local, direct or
automatic alarm equipment, device or system which is equipped to report
to or attract the attention of the Police or Fire Department in order
to secure a response thereto, without first having applied for and
received from the Police Department an annual installer's license.
[Amended 11-13-1997 by Ord. No. 1148]
[Amended 11-13-1997 by Ord. No. 1148]
The annual installer's license shall be issued
by the Chief of Police, permitting a person to engage in, manage,
conduct or carry on the business of installing, leasing, connecting,
maintaining, servicing, repairing, arranging, adjusting, replacing,
moving and programming, in Saddle Brook, any alarm equipment or device
designed to summon the Police Department or, through it, the Fire
Department or any other municipal agency.
A.
No person shall install, connect or maintain, own
or cause to be installed, connected, maintained or owned any police
alarm equipment device or system in or to the Police Department headquarters
in the Township of Saddle Brook for the purpose of transmitting a
signal or alarm to the attention of the Police Department, Fire Department
or any other municipal agency in response thereto without first having
made application and having been issued a permit therefor in accordance
with the provisions of this chapter and the rules, regulations and
procedures hereinafter established and provided hereunder.
B.
No person shall install, connect, maintain, service
or own, or cause the same, any dial alarm equipment, device or system
or local alarm system, designed to summon the Police Department or
the Fire Department, causing a response from the Police/Fire Departments
to any location within the Township to any signal, alarm, prerecorded
preprogrammed message, bell, horn or other sounding device or signal
transmitted via telephone line wires without first having made application
therefor and having been issued a permit therefor in accordance with
the provisions of this chapter and the rules and regulations established
and provided hereunder.
C.
This chapter shall also apply to all persons having
owned, installed, connected and maintained any police, burglar, fire,
dial, telephone, local, automatic emergency or other alarm equipment,
device or system covered or included in this chapter prior to the
effective date hereof.
A.
All applications for the issuance of a permit required
under this chapter shall be made in writing to the office of the Chief
of Police for approval, on a form provided therefor and shall be accompanied
by an application and processing fee of $10.
[Amended 11-13-1997 by Ord. No. 1148]
B.
One permit shall be required for each separate alarm
installation in each tenant area, whether the tenant is the same or
a different person, when installed in the same building, area, place,
structure or premises, when designed to summon the Police/Fire Departments
to a specific area within a multi-alarmed structure and when notification
by alarm to the Police Department elicits a response to that specific
area and there is more than one such installation or system.
C.
The applicant or permittee, upon acceptance of such
permit, thereby agrees to hold and save harmless the Township of Saddle
Brook, its agents or employees from any liability whatsoever in connection
with any such alarm, equipment, device or system or the operation
and maintenance of the same, which shall be the sole responsibility
of the person having had the same installed or connected.
D.
[1]Any unauthorized equipment may be disconnected by the Chief
of Police or his designated representative for noncompliance with
this chapter, and any person installing or maintaining unauthorized
equipment shall be prosecuted for violation of this chapter, and each
and every day that said equipment is in operation shall be considered
a separate violation. Any permittee shall, by acceptance of the permit,
be deemed to have consented to an inspection of the premises on which
said alarm devices are installed at reasonable hours by the Police
Department.
[Amended 11-13-1997 by Ord. No. 1148]
[1]
Editor's Note: Former Subsection D, which
set a time limit for ascertaining the cause of and remedying a false
alarm, was repealed 10-10-1991 by Ord. No. 1035. That ordinance also provided for
the redesignation of former Subsection E and F to D and E, respectively.
E.
All permits shall expire on December 31 of the year
issued, and all permits for renewal therefor must be submitted in
writing on or before January 31 of the succeeding year for a renewal
fee of $10. Said renewal application will require the permittee to
file an up-to-date list of names, addresses and phone numbers of persons
to be contacted in the event of an alarm activation.
The license fee for the license issued under
this chapter shall not be required for any alarms that are provided
for municipal buildings.
Any permit issued under the provisions of this
chapter may be suspended, denied or revoked by the Chief of Police
for any violation of or failure to comply with the provisions of this
chapter, including the following:
A.
The permittee, his agent or employee willfully failed
to and did not comply with a request by a member of the Police Department
to proceed immediately to the location of permittee's alarm activation
and render necessary services.
B.
The permittee, his agent or employee knowingly installed
or maintained a faulty alarm device. An inordinate number of false
alarms shall be prima facie evidence that such alarm device is knowingly
a faulty device.
C.
The permittee has breached the terms and conditions
of the permit.
A.
The Police Chief shall cause an investigation to be
made of the prospective installer and shall recommend the issuance
of a license when he finds that:
B.
Any license issued under the provisions of this chapter
may be suspended, denied or revoked by the Chief of Police for any
violation of or failure to comply with the provisions of this chapter
or any rule or regulation promulgated by the Chief of Police and approved
by the Township Council pursuant to this chapter.
No license and/or permit shall be revoked, denied
or suspended without giving the licensee/permittee 30 days' notice,
in writing, of such action and an opportunity to show cause before
the Chief of Police why such action should not be taken. Any person
aggrieved by the action or determination of the Chief of Police in
the denial, suspension or revocation of any license and/or permit
provided for in this chapter may appeal to the Township Council of
Saddle Brook.
The Chief of Police may make, prescribe and
promulgate supplementary rules and regulations for the installation,
connection, licensing, permits, alarm equipment, devices or systems
covered by the terms of this chapter and for the performance, maintenance
and operation of the same as may be reasonably necessary to fulfill
the purpose of this chapter.
A.
The Township of Saddle Brook shall be under no duty
or obligation to maintain the police panel alarm system equipment
or any equipment or device connection thereto by the permittee or
licensee hereunder. The maintenance of such equipment shall be the
sole responsibility of the owner.
B.
The Police Department of the Township of Saddle Brook
shall be under no obligation whatsoever for the installation, connection,
adequacy, operation or maintenance of the alarm, equipment, device
or system so installed or connected.
[Amended 11-13-1997 by Ord. No. 1148]
C.
The Township of Saddle Brook and/or its authorized
agents shall not be liable for any failure of such alarm systems or
equipment.
[Amended 10-10-1991 by Ord. No. 1035; 11-13-1997 by Ord. No.
1148]
The Police Department of the Township of Saddle
Brook shall have the authority to enforce all aspects of this chapter
as hereto provided.
A.
Every applicant for a license under this chapter shall
complete, sign and verify a written application, in duplicate, on
forms furnished by the Police Department.
[Amended 11-13-1997 by Ord. No. 1148]
B.
The application shall state:
(1)
Name and address of the applicant;
(2)
Residence address and full local address, if any,
of the applicant;
(3)
Name and address of insurer; policy numbers of alarm
installer's liability policies.
(4)
Agreement to abide by the procedures set forth by
the Chief of Police and to abide by the fees contained in this chapter
and general operating procedures as set forth by the Chief of Police.
(5)
Agreement to provide prompt, courteous response to
each call.
(6)
The length of time the applicant has been in business.
(7)
Agreement to provide information about his affiliation
with other towns.
[Amended 4-1-1991 by Ord. No. 1024; 10-10-1991 by Ord. No.
1035]
A.
False alarms involving fire and smoke.
(1)
Warnings. For the first four false alarm occurrences
in the same calendar year involving fire or smoke, a warning shall
be issued.
(2)
Offenses.
(a)
First offense. A fifth occurrence of a false
alarm involving fire or smoke in the same calendar year shall be considered
a first offense and subject the violator to a penalty of $100.
(b)
All subsequent violations in the same calendar
year involving fire or smoke shall subject the violator to a penalty
of $250.
B.
Other false alarms.
(1)
Warnings. For the first four false alarm occurrences
in the same calendar year involving other than fire or smoke, a warning
shall be issued.
(2)
Offenses.
[Amended 6-2-1994 by Ord. No. 1078]
(a)
First offense. A fifth occurrence of a false
alarm involving other than fire or smoke in the same calendar year
shall be considered a first offense and subject the violator to a
penalty of $50.
(b)
Second offense. A sixth occurrence of a false
alarm involving other than fire or smoke in the same calendar year
shall be considered a second offense and subject the violator to a
penalty of $75.
(c)
Third offense. A seventh occurrence of a false
alarm involving other than fire or smoke in the same calendar year
shall be considered a third offense and subject the violator to a
penalty of $100.
(d)
Fourth offense. An eighth occurrence of a false
alarm involving other than fire or smoke in the same calendar year
shall be considered a fourth offense and subject the violator to a
penalty of $125.
(e)
All subsequent violations in the same calendar
year involving other than fire or smoke shall subject the violator
to a penalty of $125.
C.
Penalties shall be payable through the Violations
Bureau.
D.
Any person, firm or corporation found guilty in the
Municipal Court of the Township of Saddle Brook for violation of any
terms and/or conditions of this chapter shall be subject to a fine
of not more than $500 or imprisoned for a period not exceeding 90
days, or both.