[HISTORY: Adopted by the Township Committee of the Township of Colts Neck: Art. I, 2-23-1984 (Ch. 2A of the 1969 Code). Amendments noted where applicable.]
[Adopted 2-23-1984 (Ch. 2A of the 1969 Code)]
There is hereby established within the Township of Colts Neck in the County of Monmouth and the State of New Jersey a False Alarm Code, which shall govern the maintenance and sounding of such alarms. All owners and occupants of residential, commercial and/or business properties maintaining an alarm device shall take all required steps to see to it that such device is maintained in a good and satisfactory fashion. The sounding of false alarms as hereinafter set forth shall be deemed evidence of a failure on the part of such owner and/or occupant to so maintain the alarm device.
As used in this article, the following terms shall have the meanings indicated:
- ALARM DEVICE
- Any alarm-activated equipment which is intended to provide warning of burglaries, unauthorized entry, fire, flood or like peril. An alarm device shall include but not be limited to those devices which transmit directly or indirectly to a central agency such as the Police or the Fire Department.
- FALSE ALARM
- The activation of an alarm device causing the transmission of the warning, either directly or indirectly, to a central agency of the Township of Colts Neck as above noted. Such transmission shall include but not be limited to those devices wired directly to the responding agency, those devices wired to a third party which then transmits the message to the Police or Fire Department and/or those devices which sound a warning heard outside of the subject premises which results in a call to the Fire Department and/or Police Department. An alarm shall be determined to be falsely given when an investigation reveals that such alarm was transmitted as a result of the failure of the owner or occupant to properly maintain the equipment, as a result of carelessness or negligence, as a result of malicious action or as the result of a power failure. An alarm shall be deemed to be falsely given when the responding agency determines, upon investigation in the case of a fire alarm, that no evidence existed to establish that a fire was in progress when the alarm was activated; for the case of a burglar alarm, a false alarm shall be deemed to have been given when the responding agency determines that no unauthorized person attempted to gain entry to the premises in question.
The Chief of Police or specified designee of the Township of Colts Neck or his or her designee shall investigate the causes for the activation of a burglar alarm. If the investigation reveals that such alarm was falsely given, then the Chief of Police or specified designee shall correspond with the owner and/or occupant of the residence or commercial, business or industrial establishment, advising of the alarm and the results of his or her investigation and warning that subsequent violations may cause the owner or occupant to be subject to a fine.
In the case of fire alarms, the Fire Chief of the Township of Colts Neck or Police Chief of the Township of Colts Neck or their respective designees shall investigate the causes for the activation of a fire alarm. If the investigation reveals that such alarm was falsely given, then the Police Chief or his or her designee shall correspond with the owner and/or occupant of the residence, commercial, business or industrial establishment, advising of the alarm and the results of his or her investigation and warning that subsequent violations may cause the owner or occupant to be subject to a fine.
[Amended 3-10-1993; 10-8-1997; 8-13-2003]
Such written warnings as set forth in § 70-3 and § 70-4 shall be given to owners or occupants of residences and commercial, business and/or industrial establishments within the Township of Colts Neck for the first and second false alarm in the same calendar year. In the event that a third false alarm is given as a result of action or inaction at such premises, then the owner and/or occupant shall be subject to a fine of $100. For the fourth and subsequent false alarm(s) given in the same calendar year, the owner or occupant shall be subject to a fine of $200.
No violation shall be assessed to any owner or person that maintains an alarm system as provided for and defined herein during the first 30 days of installation and actuation.
It shall be unlawful for an alarm device, dial alarm or other audible alarm to ring or put forth any other sound for a period in excess of 15 minutes. Any such occurrence shall result in a penalty of $50 for each violation assessed by the Chief of Police.
A violation of any provision of this article shall be punishable as provided in § 1-9 of this Code.
This section shall become effective on January 1, 2004.
Any violator may appeal the assessment of a fee charge to the Township Administrator, in writing, within seven days of the assessment of the fee. Thereafter, the decision of the Township Administrator shall be final.