[Ord. #1329, 12-29-1998, adopted]
The purpose of this section is to provide minimum
standards and regulations for the use of privately installed emergency
alarm systems, to establish permit and registration procedures to
facilitate emergency responses of the Township Police and Fire Departments,
to establish fees and penalties for violation and to create an administrative
apparatus. The provisions of this section shall apply to any person
who operates, maintains or owns any alarm device or local alarm which
is designed to summon the Police Department, Fire Department or other
municipal agency to any location in response to any type of alarm
signal.
[Ord. #1329, 12-29-1998, adopted]
As used in this section:
Shall mean the direct wire alarm console or digital receiver
alarm console installed in the Bernards Township police headquarters
for the purpose of giving a visual and/or audible response to alarm
devices installed in the Township of Bernards.
Shall mean any mechanism designed to actuate the alarm console.
Shall mean the installation in one or more buildings, residential
or otherwise, of one or more alarm devices or local alarms to provide
visual or audible warnings, or both, of an emergency, such as unauthorized
intrusion, fire, smoke, flood or similar hazard requiring urgent attention.
Alarm system shall not include:
An alarm installed on or in a vehicle, unless
the vehicle is permanently located at a site; nor
An alarm designed to alert only the inhabitants
of a single-family residential premises or residential unit and not
designed to be seen, heard or communicated to a third person outside
of the particular premises or unit.
Shall mean alarm equipment that emits an audible signal at
the premises that it is designed to protect.
Shall mean the Chief of Police of the Township of Bernards
or his designee.
Shall mean alarm equipment that employs an automatic dialing
system programmed to connect with the police headquarters telephone
and emit a prerecorded voice message.
Shall mean a unit or premises occupied or intended to be
occupied for residential purposes by a single family.
Shall mean an alarm device or dial alarm actuated for which
there is no evidence of an attempted unauthorized entry or for which
there exists evidence of an equipment failure or evidence of inadvertence
on the part of any permittee, agents, servants and employees requiring
a response by police, fire or other municipal agency. False alarms
shall include actuations caused by malfunctioning of the alarm device,
dial alarm or other relevant equipment but shall not include alarm
actuations caused by malfunction of the alarm console or caused by
natural forces or other extraordinary circumstances not subject to
control by the permittee.
Shall mean any mechanism, other than a dial alarm, that constitutes,
in whole or in part, an alarm system that is not connected with and
is not designed to actuate the police alarm console, including any
alarm or device which, when actuated, produces an audible signal,
such as store burglar alarms actuating bell devices.
Shall mean a person in possession of premises in or upon
which an alarm system has been installed.
Shall mean a person to which a permit has been issued in accordance with Subsection 4-10.5 to install, operate or maintain an alarm system that includes one or more alarm devices.
Shall mean any person as defined in Section 1-2.
[Ord. #1329, 12-29-1998, adopted]
a.
No person shall install, maintain, use or cause to
be used any alarm system within the Township unless a permit therefor
has been issued by the Chief in accordance with the provisions of
this section.
b.
Every permit issued for an alarm system shall expire
on December 31 of the year in which it is issued. No person shall
use an alarm system during any period when the permit has expired
or is suspended.
c.
With each permit, the applicant must provide a list
of three persons to be contacted in the event of an actuation. This
contact person(s) must respond within 30 minutes of contact.
d.
Local alarm systems with exterior audible alarms are
prohibited.
e.
No dial alarms shall be permitted, with the exception
of those which were registered in the permittee's name prior to the
passage of this section and those which are registered in connection
with the Medical Alert Program conducted by the Bernardsville Rotary
Club and supervised by the Chief. Such alarms shall only be allowed
as long as the permittee owns or occupies the premises in which the
alarm system is installed.
f.
All alarm devices shall be installed in accordance
with the requirements of N.J.A.C. 5:23 et seq., the New Jersey Uniform
Construction Code. All fire alarm devices shall be installed with
the approval of the fire official and in accordance with N.J.A.C.
5:18, the New Jersey Uniform Fire Code.
[Ord. #1329, 12-29-1998, adopted]
a.
Fees for alarm system permits shall be $50 for a direct
line to police headquarters and $25 for all other private alarm systems,
including warning and sounding devices.
b.
The fee shall not be prorated by reason of the date
upon which an application is filed, but the fee shall be refunded
to the applicant in the event that a permit is not issued.
c.
Any person who fails to obtain a renewal permit on
or before January 31 of each year shall pay a surcharge of $10. Such
person shall also remain liable for the penalties.
[Ord. #1329, 12-29-1998, adopted]
The Chief shall issue a permit for an alarm
system unless the Chief concludes that the system covered by the application
does not meet the applicable standards of this section. A copy of
each permit should be forwarded to the Bureau of Fire Prevention by
the Chief. Whenever the Chief shall refuse to issue a permit, he shall
advise the applicant, in writing, of the reason or reasons for refusal.
Registration shall be required for each alarm system within the Township
on the effective date of this section. Users of alarm systems in place
on that date shall complete the registration form within 30 days after
this section takes effect.
[Ord. #1329, 12-29-1998, adopted]
Any person utilizing an alarm system shall complete
and file with the Chief a registration form, which may be obtained
from the Police Department, correctly containing the following information:
a.
Full name, address and telephone number of the applicant,
including an address description which will permit the appropriate
municipal department to respond to the alarm.
b.
Common name of the alarm premises.
c.
Name and address of the person installing, maintaining
and/or owning the alarm system.
d.
Description of the alarm system's operation, including,
not by way of limitation, activation points of the alarm system and
the mechanism or mechanisms by which the alarm system becomes activated.
e.
Name, address and telephone number of the person monitoring
and initially responding to an activation of the alarm system.
f.
Name, address and telephone numbers of three responsible
persons other than the permittee to be contacted in case of alarm
and/or malfunction, commonly referred to as "key-holders." The Chief
may grant waivers if he determines three key-holders cannot be provided
by the permittee.
g.
Any additional relevant information specifically requested
by the Chief.
h.
Provisions relating to false alarms and testing procedures.
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If there has occurred any material change in
the information previously submitted with respect to any alarm system
by the alarm user, it shall be the duty of the alarm user, within
ten days of such material change, to file a supplemental or revised
registration form containing accurate current information. This section
shall include, but is in no way limited to, the disconnection of said
alarm. Failure to comply with these provisions will be deemed a violation
of this section and subject the violator to the penalties contained
herein.
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[Ord. #1329, 12-29-1998, adopted]
All permits for alarm systems shall be issued
upon the following terms and conditions:
a.
A permit shall be issued for each separate improved
property, store, building or facility, and no permit shall be transferred
or assigned in any manner.
b.
Every alarm system connected directly to the Police
Department command desk shall have a voltage compatible system therewith.
c.
Every permittee shall be subject to the rules and
standards set forth in this section.
d.
If an alarm system is disconnected, the permittee
shall give written notice to the Police Department within seven days
of such disconnection. Any permittee who fails to give the notice
required under this subsection shall be subject to the penalties contained
herein.
[Ord. #1329, 12-29-1998, adopted]
Any permit issued for an alarm system may be
suspended by the Chief if it appears that:
a.
The permittee has failed to comply with the terms
and conditions of the permit or has failed to comply with rules or
standards promulgated by the Chief concerning alarm systems.
b.
The permittee or his agents knowingly installed or
maintained a faulty alarm system.
c.
The permittee or his agents failed to comply with
a request by the Chief to render necessary services to a faulty alarm
system within 36 hours after such request was made or failed to disconnect
such alarm system that has not been repaired. Five false alarms within
any calendar year shall constitute prima facie evidence that an alarm
system is faulty.
d.
In the event that the Chief shall determine that a
permit for an alarm system shall be suspended by reason of the provisions
of this subsection, the Chief shall notify the permittee of the suspension
in writing, by certified mail, to the last known address setting forth
the reason or reasons for the suspension.
e.
A suspension shall be terminated by the Chief when
he is satisfied that the conditions stated in the notice of suspension
have been corrected.
[Ord. #1329, 12-29-1998, adopted]
Any unauthorized alarm system or equipment shall
be disconnected by the Chief or his designated representative for
noncompliance with this section, and any person installing or maintaining
an unauthorized alarm system equipment shall be prosecuted for violation
of this section, and each day such equipment is in operation shall
be considered a separate violation.
[Ord. #1329, 12-29-1998, adopted]
Any person aggrieved by the action of the Chief
in the denial or suspension of a permit for an alarm system shall
have the right of appeal to the Township Administrator. The appeal
shall be taken by filing with the Township Administrator, within ten
calendar days after the notice of action complaint has been mailed
to the person's last known address, a written statement setting forth
fully the grounds for appeal. The Township Administrator shall set
a time and place for hearing of the appeal and notice of the hearing
shall be given to the appellant by certified mail to his last known
address at least five calendar days prior to the date set for hearing.
The decisions of the Township Administrator and the reasons therefor
shall be set forth in writing by the Township Administrator.
[Ord. #1329, 12-29-1998, adopted; Ord. #2029, 10-14-2008, amended]
a.
In the case of a false alarm, any person, permittee
or his agent or representative having knowledge thereof shall immediately
notify the Township Police Department.
b.
Where a person, permittee or his agent or representative
notifies the Township Police Department within 60 seconds of the activation
of the alarm, the actuation shall not be deemed to be a false alarm
for the purpose of imposing penalties upon the permittee.
c.
The Chief shall cause an investigation to be made
of all false alarms and a record of such false alarms kept on file.
1.
For false alarms within any 12 consecutive months,
the following penalties shall apply:
|
Number of False Alarms
|
If Registered
|
If No Current Registration
| |
|---|---|---|---|
|
For the first 3
|
A written warning shall be issued.
|
$100 (each occurance)
| |
|
For the 4th
|
$100
|
$200
| |
|
For the 5th
|
$200
|
$300
| |
|
For the 6th
|
$300
|
$400
| |
|
For the 7th and each subsequent
|
$400
|
$500
|
2.
All fines under this section may be joint and several
against all persons owning an alarm device, any occupant of a premises
in which an alarm device is installed, and any alarm company or contractor.
3.
All false alarms, commencing with the first, which
occur while construction, alteration or renovations are occurring
at the site, or when the alarm systems are being serviced, maintained
or repaired, and the person conducting such work fails to notify the
Township Fire and Police Departments that such work is being conducted,
may be issued a summons to the individual or contractor performing
the construction, alteration or renovations, and carry a penalty of
$200, in addition to any and all other penalties provided in this
section.
d.
No alarm activations during the thirty-day period immediately following the installation of an alarm system shall be deemed to be a false alarm, so long as the system has been issued a permit provided in § 4-10.3 above.
e.
Where the investigation of the Police Department discloses
the failure of a permittee or occupant to take remedial steps to prevent
false alarms, the Chief may require said permittee or occupant to
disconnect the alarm system, provided that no permit shall be revoked
or suspended or system be required to be disconnected without giving
the permittee or occupant an opportunity to show cause before the
Township Administrator why such action should not be taken.
f.
All fines shall be issued by summonses, which are
answerable to the Bernards Township Municipal Court.
[Ord. #1329, 12-29-1998, adopted]
Neither the Township nor the police department
shall assume any responsibility whatsoever with respect to the adequacy,
operation or maintenance of any alarm system. No action taken by the
Township or the Police Department pursuant to the provisions of this
section shall create any liability upon the Township or the Police
Department by reason of any failure of any alarm system, any failure
to respond to any emergency or any act or omission relating to any
alarm system.
[Ord. #1329, 12-29-1998, adopted]
By installing an alarm system and registering
same with the Township, each alarm user agrees to indemnify and hold
harmless the Township, its agents, servants and employees from and
against all claims, suits, damages, costs, losses and expenses and
to release the Township, its agents, servants and employees from any
and all liability or damages in any way resulting from or arising
out of or connected with the installation, operation or maintenance
of the alarm system or any act or omission connected therewith.
[Ord. #1329, 12-29-1998, adopted]
The Chief may from time to time promulgate written
rules and regulations supplementing this section to provide for recordkeeping
and efficient management of the system, provided that no such rules
and regulations shall be effective until the Township Committee shall
first approve such rules and regulations, or any amendments thereto,
by appropriate resolution.
[Ord. #1329, 12-29-1998, adopted; Ord. #2029, 10-14-2008, amended]
Any person found guilty in the Municipal Court
of the Township for violation of the terms of this section other than
for violating the terms of Subsection 4.10-11, which provides specific
penalties for violations thereof, shall be subject to a fine of not
more than $2,000 or imprisonment for a period not exceeding 90 days,
or both. Responsibility for enforcement of the provisions of this
section, including but not limited to fines, disconnections, summons
and permit suspensions shall be the Police Department, Construction
Official or Fire Official.
