[HISTORY: Adopted by the Council of the Township
of Montclair 5-9-2006 by Ord. No. 06-16.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 71, alarm systems, adopted 11-25-1986 by Ord. No. 86-47,
as amended.
A.
The purpose of this chapter is to encourage alarm
users and alarm companies to properly use and maintain the operational
effectiveness of alarm systems in order to improve the reliability
of alarm systems and reduce or eliminate false alarms.
B.
This chapter governs alarm systems intended to summon
law enforcement response, and requires registration, establishes fees,
provides for penalties for violations and establishes a system of
administration.
As used in this chapter, the following terms
shall have the meanings indicated:
The person designated by the Montclair Police and Fire Department
to administer, control and review false alarm reduction efforts, provide
public reports regarding alarm response statistics and administer
the provisions of this chapter.
A person in the business of selling, providing, maintaining,
servicing, repairing, altering, replacing, moving or installing an
alarm system in an alarm site.
A timely verbal report to the Montclair Police or Fire Department
that an alarm, either manual or automatic, has been activated at a
particular alarm site.
Authorization in accordance with this chapter granted by
the alarm administrator to an alarm user to operate an alarm system.
A single fixed premises or location served by an alarm system
or systems. Each unit, if served by a separate alarm system in a multiunit
building or complex, shall be considered a separate alarm site.
A device or series of devices, including, but not limited
to, hardwired systems and systems interconnected with a radio frequency
method such as cellular or private radio signals, which emit or transmit
a remote or local audible, visual or electronic signal indicating
an alarm condition and intended to summon law enforcement or fire
response, including local alarm systems. The term "alarm system" does
not include an alarm installed in a vehicle or on someone's person
unless the vehicle or the personal alarm is permanently located at
a site.
Any person who has contracted for monitoring, repair, installation
or maintenance service from an alarm installation company or monitoring
company for an alarm system, or who owns or operates an alarm system
which is not monitored, maintained or repaired under contract.
A manually operated device that allows control of an alarm
system.
Any electrical, electronic, mechanical or other device capable
of being programmed to send a prerecorded voice message, when activated,
over a telephone line, radio or other communication system, to a law
enforcement, public safety or emergency services agency requesting
dispatch.
Notification given to the Montclair Police or Fire Department
by a monitoring company (designated by the alarm user) subsequent
to an alarm notification for the alarm site that there is no emergency
at the alarm site requiring a law enforcement officer's or fire-fighter's
response.
The transaction or process by which one alarm installation
company or monitoring company begins the servicing and/or monitoring
of a previously unmonitored alarm system or an alarm system previously
serviced and/or maintained by another alarm company.
A silent alarm system signal generated by the entry of a
designated code into an arming station in order to signal that the
alarm user is being forced to turn off the system, the safety of the
alarm user is threatened and protection of a sworn officer or fire-fighter
is required.
An alarm dispatch request to the Montclair Police Department,
when the responding officer finds no evidence of a criminal offense
or attempted criminal offense after having completed a timely investigation
of the alarm site and there is no indication that an abnormal weather
condition or other severe event could have caused the generation of
an alarm. "False alarm" also means an alarm dispatch request to the
Montclair Fire Department, when the responding fire-fighter does not
find any evidence of a fire or fire emergency after completing a timely
investigation of the alarm site.
A silent alarm signal generated by the manual activation
of a device intended to signal a robbery in progress.
A license issued by the State of New Jersey to an alarm installation
company or monitoring company to sell, install, monitor, repair or
replace alarm systems.
Any alarm system which is not monitored and which annunciates
an alarm condition only at or near the alarm site.
The process by which a monitoring company receives alarm
signals and other alarm system condition signals from alarm systems
and relays alarm notifications to the Montclair Police or Fire Department
and to other emergency response agencies.
A person in the business of providing monitoring services.
The manual activation of a silent alarm by entering at an
arming station a code that adds one to the last digit of the normal
arm/disarm code (e.g., normal code = 1234, One Plus Duress Code =
1235).
An audible alarm system signal generated by the manual activation
of the device intended to signal a personal safety or other emergency
situation requiring the protection of a law enforcement officer or
fire-fighter.
An individual, corporation, partnership, association, organization
or similar entity.
An individual capable of reaching the alarm site within 30
minutes and having access to the alarm site, the operating codes for
the alarm system and the authority to approve repairs to the alarm
system.
The Chief of the Montclair Police or Fire Department.
The ANSI - American National Standard Institute approved
Security Industry Association - SIA CP-01 Control Panel Standard,
as may be updated from time to time, that details recommended design
features for security system control panels and their associated arming
and disarming devices to reduce the incidence of false alarms. Control
panels built and tested to this standard by Underwriters Laboratory
(UL), or other nationally recognized testing organizations, will be
marked to state: "Design evaluated in accordance with SIA CP-01 Control
Panel Standard Features for False Alarm Reduction."
The transaction or process by which an alarm user assumes
or acquires ownership of an existing alarm system which was previously
owned by another alarm user.
An attempt by a monitoring company, or its representative,
to contact the alarm site and/or alarm user by telephone and/or other
electronic means, whether or not actual contact with a person is made,
to determine whether an alarm signal is valid before requesting law
enforcement dispatch, in an attempt to avoid an unnecessary alarm
dispatch request. For the purpose of this chapter, telephone verification
shall require as a minimum that a second call be made to a different
number if the first attempt fails to reach an alarm user who can properly
identify themselves to determine whether an alarm signal is valid
before requesting official dispatch.
A division of devices into which an alarm system is divided
to indicate the general location from which an alarm system signal
is transmitted.
A.
No alarm user shall operate, or cause to be operated,
an alarm system at its alarm site without a valid alarm registration.
A separate alarm registration is required for each alarm site.
C.
Existing alarm systems. Any alarm system which has
been installed before the effective date of this chapter shall be
registered by the alarm user within 60 days of such effective date.
Within 15 days of written modification from the alarm administrator,
an alarm installation company or monitoring company shall provide
a list of existing alarm users in the Township (provided such information
is not protected from disclosure by any federal, state or local requirements).
D.
New alarm systems. Any alarm installation company
that installs an alarm system on premises located within the Township
shall, within 10 days from the date of installation, notify the alarm
administrator, using a form provided by the alarm administrator, that
an alarm system has been installed and send to the alarm administrator
the name and address of the alarm user and a copy of the Police and
Fire Department's false alarm prevention checklist. Failure of an
alarm installation company to notify the alarm administrator of a
new alarm system installation within 10 days after installation shall
result in a fine of $100 to the alarm installation company. Information
provided in accordance with this requirement shall be treated as private
and proprietary information and not made available to any person outside
of the Montclair Police or Fire Department or its bonded administration
contractor.
E.
Upon receipt of a completed alarm registration application
form and the alarm registration fee, the alarm administrator shall
register the applicant by entering the required data into the Police
and Fire Department's alarm administration system data base.
F.
Each alarm registration application must include the
following information:
(1)
The name, complete address (including apartment/suite
number) and telephone numbers of the person who will be the registration
holder and be responsible for the proper maintenance and operation
of the alarm system and payment of fees assessed under this article;
(2)
The classification of the alarm site as either residential
(including apartment, condo, mobile home, etc.) or commercial;
(3)
For each alarm system located at the alarm site, the
classification of the alarm system (i.e., burglary, holdup, duress,
panic alarms or other) and for each classification whether such alarm
is audible or silent;
(4)
Mailing address, if different from the address of
the alarm site;
(5)
Any dangerous or special conditions present at the
alarm site such as dogs or other animals;
(6)
Names and telephone numbers of at least two individuals
who are able and have agreed to receive notification of an alarm system
activation at any time; respond to the alarm site within 30 minutes
at any time; and upon request can grant access to the alarm site and
deactivate the alarm system if necessary;
(7)
Type of business conducted at a commercial alarm site;
(8)
Signed certification from the alarm user stating the
following:
(a)
The date of installation, conversion or takeover of
the alarm system, whichever is applicable;
(b)
The name, address and telephone number of the alarm
installation company or companies performing the alarm system installation,
conversion or takeover and of the alarm installation company responsible
for providing repair service to the alarm system;
(c)
The name, address and telephone number of the monitoring
company if different from the alarm installation company;
(d)
That a set of written operating instructions for the
alarm system, including written guidelines on how to avoid false alarms,
have been delivered to the applicant by the alarm installation company;
and
(e)
That the alarm installation company has trained the
applicant in the proper use of the alarm system, including instructions
on how to avoid false alarms; and
(9)
That the Police and Fire Department response may be
influenced by factors, including, but not limited to, the availability
of officers or fire-fighters, priority of calls, weather conditions,
traffic conditions, emergency conditions, staffing levels, etc.
G.
Any false statement of a material fact made by an
applicant for the purpose of obtaining an alarm registration shall
be sufficient cause for refusal to issue a registration.
H.
An alarm registration cannot be transferred to another
person or alarm site. An alarm user shall inform the alarm administrator
of any change that alters any of the information listed on the alarm
registration application within five business days of such change.
I.
All fines and fees owed by an applicant must be paid
before an alarm registration may be issued or renewed.
An alarm registration shall expire one year
from the date of issuance, and must be renewed annually by submitting
an updated application and a registration renewal fee to the alarm
administrator. The alarm administrator shall notify each alarm user
of the need to renew 30 days prior to the expiration of the registration.
It is the responsibility of the alarm user to submit an application
prior to the registration expiration date. Failure to renew will be
classified as use of a nonregistered alarm system and penalties may
be assessed in accordance with this chapter. A late fee of $25 may
be assessed if the renewal is more than 30 days late.
A.
An alarm user shall:
(1)
Maintain the alarm site and the alarm system in a
manner that will minimize or eliminate false alarms;
(2)
Make every reasonable effort to have a responder arrive
at the alarm system's location within 30 minutes after being requested
by the law enforcement agency to attend to:
(3)
Not activate an emergency alarm condition for any
reason other than an occurrence of an emergency event that the alarm
system was intended to report.
B.
An alarm user shall adjust the mechanism or cause
the mechanism to be adjusted so that an alarm signal audible on the
exterior of the alarm site will sound for no longer than 10 minutes
after being activated.
C.
An alarm user shall have an alarm installation company
inspect the alarm system after two false alarms in a one-year period.
The alarm administrator may waive a required inspection if it determines
that a false alarm could not have been related to a defect or malfunction
in the alarm system. After four false alarm within a one-year period,
the alarm user must have an alarm installation company modify the
alarm system to be more false-alarm-resistant or provide additional
user training as appropriate.
D.
An alarm user shall not use automatic voice dialers.
E.
An alarm user shall maintain at each alarm site a
set of written operating instructions for each alarm system.
F.
All alarm users shall agree with their alarm installation
company and/or monitoring company to an acclimation period for the
first seven days after installation of an alarm system during which
time the alarm installation company and/or monitoring company will
have no obligation to and will not respond to any alarm sSignal from
the alarm site and will not make an alarm dispatch request to law
enforcement personnel, even if the alarm signal is the result of an
actual alarm event.
A.
An alarm installation company shall provide written
and oral instructions to each of its alarm users in the proper use
and operation of its alarm systems. Such instructions will specifically
include all instructions necessary to turn the alarm system on and
off and to avoid false alarms.
B.
Upon the effective date of this chapter, alarm installation companies shall not program alarm systems so that they are capable of sending One Plus Duress Alarms. Monitoring companies may continue to report One Plus Duress Alarms received from alarm systems programmed with One Plus Duress Alarms prior to enactment of this chapter. However, upon the effective date of this chapter, when a takeover or conversion occurs or if an alarm user requests an alarm system inspection or modification pursuant to § 71-4C of this chapter, an alarm installation company must remove the One Plus Duress Alarm capability from such alarm systems.
C.
Alarm installation companies shall not install a device
to activate a holdup alarm, which is a single-action, nonrecessed
button.
D.
Effective 90 days after enactment of this chapter,
alarm installation companies shall, on new installations, use only
alarm control panels which meet SIA Control Panel Standard CP-01.
E.
An alarm company shall not use automatic voice dialers.
F.
Upon completion of the installation of an alarm system,
an alarm installation company employee shall review with the alarm
user the Police and Fire Department's false alarm prevention checklist
or an equivalent checklist approved by the alarm administrator.
G.
The monitoring company shall not provide an alarm
notification to a burglar alarm signal, excluding panic, duress and
holdup signals, during the first seven days following installation
of an alarm system. The alarm administrator may grant an alarm user's
request for an exemption from this waiting period based upon a determination
that special circumstances substantiate the need for exemption.
H.
A monitoring company shall:
(1)
Report alarm signals used by telephone numbers designated
by the alarm administrator;
(2)
Verify every alarm signal, except a duress or holdup
alarm activation before providing an alarm notification to an alarm
system signal;
(3)
Communicate alarm notifications to the Police or Fire
Department in a manner and form determined by the alarm administrator;
(4)
Communicate cancellations to the Police or Fire Department
in a manner and form determined by the alarm administrator;
(5)
Ensure that all alarm users of alarm systems equipped
with a duress, holdup or panic alarm are given adequate training as
to the proper use of such alarms;
(6)
Communicate any available information about the location
of all alarm signals related to the alarm dispatch request (north,
south, front, back, floor, etc.);
(7)
Communicate type of alarm activation (silent or audible,
interior or perimeter);
(8)
Provide an alarm user registration number when providing
an alarm notification;
(9)
After an alarm notification, promptly advise the Police
or Fire Department if the monitoring company knows that the alarm
user or the responder is enroute to the alarm site;
(10)
Attempt to contact the alarm user or responder within
24 hours via mail, fax, telephone or other electronic means when an
alarm dispatch request is made; and
(11)
Upon the effective date of this chapter, monitoring
companies must maintain for a period of at least one year from the
date of the alarm dispatch request records relating to alarm notifications.
Records must include the name, address and telephone number of the
alarm user, the alarm system zone(s) activated, the time of alarm
dispatch request and evidence of an attempt of verify. The alarm administrator
may request copies of such records for individually named alarm users.
If the request is made within 60 days of an alarm dispatch request,
the monitoring company shall furnish requested records within three
business days of receiving the request. If the records are requested
between 60 days to one year after an alarm dispatch request, the monitoring
company shall furnish the requested records within 30 days of receiving
the request.
I.
An alarm installation company and/or monitoring company
that purchases alarm system accounts from another person shall notify
the alarm administrator of such purchase and provide such details
as may be reasonably requested by the alarm administrator.
All alarm installation companies and monitoring
companies shall maintain any and all licenses required by the State
of New Jersey.
B.
The alarm administrator shall establish a procedure
to record such information on alarm notifications necessary to permit
the alarm administrator to maintain records, including but not limited
to, the information listed below:
(1)
Identification of the registration number for the
alarm site;
(2)
Identification of the alarm site;
(3)
Date and time alarm notification was received, including
the name of the monitoring company and the monitoring operator name
and number;
(4)
Date and time of officer of fire-fighter's arrival
at the alarm site;
(5)
Alarm zone and zone description, if available;
(6)
Name of alarm user's representative at the alarm site,
if any;
(7)
Identification of the responsible alarm installation
company or monitoring company; and
(8)
Cause of alarm signal, if known.
C.
The alarm administrator shall establish a procedure
for notification to the alarm user of a false alarm. The notice shall
include the following information:
D.
The alarm administrator may require a conference with
an alarm user and the alarm installation company and/or monitoring
company responsible for the repair or monitoring of the alarm system
to review the circumstances of each false alarm.
E.
The alarm administrator may require an alarm user
to remove a holdup alarm that is a single-action, nonrecessed button
if a false holdup alarm has occurred.
F.
The alarm administrator will make a copy of this chapter
and/or a chapter summary sheet available to the alarm user.
B.
In addition to the service fee set forth above, any
person operating a nonregistered alarm system will be subject to an
additional fee of $100 for each false alarm. The alarm administrator
may waive this additional fee for a nonregistered system if the alarm
user submits an application for alarm registration within 10 days
after notification of such violation.
C.
If cancellation occurs prior to law enforcement or
Fire Department personnel arriving at the scene, this shall not be
considered a false alarm, and no service fee will be assessed.
D.
The alarm installation company shall be assessed a
fee of $100 if the officer or fire-fighter responding to the false
alarm determines that an on-site employee of the alarm installation
company directly caused the false alarm, and the false alarm will
not be assessed against the alarm user.
E.
The monitoring company shall be assessed a fee of $100 for each failure to verify alarm system signals as specified in § 71-5H(2) of this chapter.
F.
The alarm installation company shall be assessed a
fee of $200 if the alarm administrator determines that an alarm installation
company employee knowingly made a false statement concerning the inspection
of an alarm site or the performance of an alarm system.
[Amended 4-5-2011 by Ord. No. O-11-013]
A.
The alarm administrator shall notify the alarm user in writing after
each false alarm. The notice shall include either a warning or the
amount of the fee for the false alarm, the fact that police response
may be suspended for nonpayment (excluding duress, robbery, holdup
and panic alarms), and a statement of the appeals procedures available
to the alarm user.
B.
The alarm administrator shall notify the alarm user in writing 30
days before an alarm response is suspended. If the alarm user is suspended
from police response, they must pay all outstanding fees and an additional
reinstatement fee of $100 to begin receiving police response again.
A.
If a fee or fine is assessed, the alarm administrator
shall send a written notice of the assessment and a statement of the
right to appeal to the affected applicant or alarm user and the alarm
installation company and/or monitoring company.
B.
Any alarm user, alarm installation company or monitoring
company may appeal the assessment of a fee or fine to the alarm administrator
by setting forth in writing the reasons for the appeal within 15 business
days after notification of the fee.
C.
Any alarm user, alarm installation company or monitoring
company may appeal the decision of the alarm administrator to the
Police or Fire Chief or his designee as follows:
(1)
The alarm user, alarm installation company or monitoring
company shall file a written request for review. The request must
be made within 20 business days after notification of the decision
from the alarm administrator.
(2)
The Chief or his designee shall conduct a hearing
within 30 days of receipt of the request. The Chief or his designee
shall render a decision based on the preponderance of the evidence
presented at the hearing. The Chief or his designee shall render a
decision affirming or reversing the decision of the alarm administrator
within 15 days after the hearing is concluded.
D.
The filing of an appeal shall stay the action by the
alarm administrator requiring payment of any fee or fine until the
Chief or his designee has completed his review. If an appeal is not
filed within the aforementioned twenty-business-day period, the action
of the alarm administrator shall be final.
E.
The alarm administrator or Chief may adjust the number
of false alarms assessed against an alarm user based on:
(1)
Evidence that a false alarm was caused by an act of
God;
(2)
Evidence that a false alarm was caused by action of
the telephone company;
(3)
Evidence that a false alarm was caused by a power
outage lasting longer than four hours;
(4)
Evidence that the alarm dispatch request was not a
false alarm;
(5)
Evidence that the law enforcement officer's or fire-fighter's
response was not completed in a timely fashion; and/or
(6)
In determining the number of false alarms, multiple
alarms occurring in any twenty-four-hour period may be counted as
one false alarm to allow the alarm user time to take corrective action
unless the false alarms are directly caused by the alarm user.
F.
With respect to fees or fines assessed to an alarm
installation company or monitoring company, the alarm administrator
or Chief may take into consideration whether the company has engaged
in a consistent pattern of violations.
Enforcement of this chapter may be by civil
action as provided by law.
In the interest of public safety, all information
contained in and gathered through the alarm registration applications
and applications for appeals shall be held in confidence by all employees
or representatives of the Police or Fire Department and by any third-party
administrator or employees of a third-party administrator with access
to such information.
Alarm registration is not intended, nor shall
it be construed, to create any contract, duty or obligation on the
part of the Township of Montclair, either expressed or implied, to
respond to any alarm. The Township shall not be liable for any losses
or damages, including consequential damages, resulting from the Township's
failure to respond to a notification and the Township expressly retains
all governmental immunities provided by law. By applying for an alarm
registration, an alarm user acknowledges that the Township's ability
to respond to an alarm may be influenced by various factors such as
the availability of officers or fire-fighters, priority of calls,
weather conditions, traffic conditions, emergency conditions, staffing
levels and prior response history.
The provisions of this chapter are severable.
If a court determines that any word, phrase, clause, sentence, paragraph,
subsection, section of other provision of this chapter is invalid,
the remaining provisions of this chapter and the application of those
provisions to other persons or circumstances are not affected by that
decision.
