[HISTORY: Adopted by the Township Council of the Township of Pohatcong 3-15-2005 by Ord. No. 05-1. This ordinance repealed former Ch. 84, Alarm Systems, which consisted of Art. I, General Provisions, adopted 1-9-1990, and Art. II, Key Boxes, adopted 5-13-1997. Amendments noted where applicable.]
A. 
The purpose of this chapter is to regulate and control the installation, operation and maintenance of private alarm systems within the Township in order to insure that the quality of alarm responses rendered to the public will be maintained at a high level, to eliminate potential harm resulting in responses to false alarms, and to alleviate conditions otherwise leading to unnecessary drain on the manpower, time, space, facilities, and finances of the Township of Pohatcong and its Police and Volunteer Fire Departments.
B. 
The purpose of this chapter is to provide standards and regulations for various types of intrusion, burglary, fire, carbon monoxide, and other emergency alarm equipment which produce a visual or audible signal or function by direct line, radio, telephone or by any other means requiring a response by the Police Department, Volunteer Fire Department or other municipal agencies.
C. 
The provisions of this chapter shall apply to alarm businesses and to any person who operates, maintains or owns any alarm device, dial alarm, or local alarm designed to produce a visual or audible signal of an emergency and designed to summon or alert, directly or through others, the police, fire service, or other municipal agencies in response to any type of alarm signal.
The following definitions shall apply in the interpretation and enforcement of this chapter unless otherwise specifically stated:
ALARM BUSINESS
Any business operated by a person, partnership, corporation, or other individual or entity which engages in the activity of altering, installing, leasing, maintaining, repairing, replacing, selling, servicing or responding to a fire, burglar, or carbon monoxide alarm system(s) or which causes any of these activities to take place. Excluded from this definition, however, are retail establishments which sell alarm systems over the counter and do not service same.
ALARM DEVICE
Any type of alarm-activating equipment which provides warning of burglary, intrusion, fire, flood, carbon monoxide or like peril.
ALARM SYSTEM
Equipment or a device, or an assembly of equipment and devices, to signal the presence of an emergency or hazard requiring urgent attention and to which the Police Department, Fire Department or other municipal agency may be expected to respond. Alarm system shall include dial alarms, fire alarm equipment, and local alarms as defined hereinbelow.
ALARM USER
Any person, firm, partnership, association, corporation, company or organization or entity of any kind in control of any building, structure or facility wherein an alarm device or system is maintained, and including but not limited to owners, tenants, subtenants or otherwise.
CHIEF OF POLICE
The Chief of Police of the Township of Pohatcong or his designated representative.
DESIGNATED REPRESENTATIVE
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.
DIAL ALARM
Any type of alarm system using telephone lines, transmitting an alarm directly through the communications switchboard, answering service, or alarm company console, providing warning of intrusion, fire, or other peril.
FALSE ALARM
Any alarm or signal of an alarm actuated by inadvertence, negligence, intentional or unintentional act of a person, domestic animal and/or household pet other than an intruder, and including alarms caused by mechanical failure, malfunction, improper installation of the alarm system and related equipment, or failure to maintain the same. It shall further include improper adjustment (sensitivity) to suppress false indications due to short flashes of light, wind, noises, rattling or vibrations of doors or other forces.
FIRE ALARM EQUIPMENT
Includes the following:
A. 
Devices which automatically detect heat, smoke, carbon monoxide or other products of combustion.
B. 
Manual systems which actuate an alarm signal.
C. 
Mechanical systems designed and equipped to detect fires, actuate and alarm, and suppress such fires, to include water flow systems.
FIRE OFFICIAL
The Fire Chief of the Pohatcong Volunteer Fire Department or his designated representative.
FIRE SERVICES
The authorized companies providing fire protection and suppression to the Township of Pohatcong.
INDEPENDENT SMOKE DETECTOR
A device having an audible alarm indicating smoke, carbon monoxide and/or fire within a structure and not connected to an alarm system or to any external sounding device outside of the structure.
LICENSEE
The person who holds the license to install, operate, and maintain the alarm/alarm console pursuant to the provisions of this chapter.
LOCAL ALARM
Any alarm system, which when activated produces a signal not connected to an alarm console or the communications switchboard, including but not limited to business burglar alarms actuating a bell or other sound-generating devices and/or light-emitting devices providing warning or 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, i.e., independent smoke detector.
PERSON
Any natural person or individual, or any firm, partnership, association, limited partnership, sole proprietorship, corporation, or any other business entity, including alarm businesses, alarm users, licensees and permittees as defined herein.
PERMITTEE
Any person who owns an alarm device who has obtained a permit according to the provisions of this chapter. All permits shall be issued and fees paid therefor on a one-time basis.
WRITTEN NOTICE
Notice by first class mail.
A. 
No person shall install, operate or maintain any alarm system unless the alarm system has been registered with the Township of Pohatcong Police Department. Registration shall be accomplished within 30 days of installation. The Police Department shall provide a copy of all approved registration forms to the Township of Pohatcong Fire Subcode Official and Fire Chief.
B. 
An alarm system shall be deemed registered at such time as the registration form supplied by the Police Department is completed as to all information requested therein. Among the information to be provided on the registration form is the following:
(1) 
The name, address, and telephone number of the owner of the property upon which the alarm system is installed.
(2) 
The name, address and telephone number of the installer of the system.
(3) 
The type of system.
(4) 
A list of the names, addresses and telephone numbers of the person(s) to be contacted in the event of an alarm or in an emergency situation determined by the Police or Fire Department.
(5) 
The names, addresses and twenty-four-hour telephone numbers of the persons or company maintaining the alarm system.
C. 
No further renewal registration shall be required unless and until there has occurred any material change in the information previously submitted with respect to any alarm systems; in which event, it shall be the duty of the owner and user of the alarm system, within 10 days of such material change, to file a supplemental or revised registration containing accurate, current information.
D. 
A fee in the amount of $25 shall accompany each registration. For change or reregistration of new owners or users, there shall be a fee of $25.
E. 
Excluded from this provision are independent smoke detectors and independent carbon monoxide detectors that do not emit an audible or visible signal outside of the structure.
A. 
Each alarm system as defined herein and installed after the effective date of this chapter shall utilize discrete circuitry for multipurpose alarm systems to insure appropriate emergency response.
B. 
Any alarm system which requires for its operation electricity supplied by a public utility may be equipped with a battery rendering it operable in the event of a power outage if so desired by the property owner. Such a battery backup shall be required for any alarm system which will trigger itself automatically in the event of a power outage.
C. 
Every alarm system must be provided with a device which will shut off the alarm after 10 minutes of activation.
D. 
Every burglar alarm system shall be equipped with a time delay of at least 15 seconds which may include an audible signal of the same length of time, said time delay to be designed to prevent accidental activation of the system. The fifteen-second audible signal, if utilized, shall be audible only within the structure and not externally.
E. 
No alarm system may be connected directly or indirectly to the Police or Fire Department.
F. 
No person shall install, cause to be installed, or permit to be installed, any alarm device by whatever name known which either automatically or manually selects a telephone line dedicated to the Police or Fire Department for the purpose of playing a recorded message to report any emergency. All alarm systems shall be programmed first to a private monitoring service, if available, and if unavailable, to dial Warren County Communications at 908-835-2016, -2017, -2018, or -2019.
G. 
All dial alarms shall be capable of being disconnected to allow a call to police headquarters or Warren County Communications in the event of a false alarm.
H. 
No police, fire or other public department or official shall be responsible in any way for the resetting or maintenance of any alarm system.
I. 
No alarm business or person owning, using or possessing an alarm system shall cause or permit the giving of repeated false alarms, for test purposes or otherwise. Owners/operators of such alarms shall be governed by the false alarm procedures and penalties set forth in this chapter.
J. 
If any person has any dial alarm connected at the time of the effective date of this chapter, it shall be reprogrammed within 30 days of said effective date to comply with this chapter.
K. 
The contents of a dial alarm message shall be clear and intelligible and in the format approved by the Chief of Police or Fire Official. No such message shall be transmitted more than two times as a result of a single stimulus of the mechanism. Messages shall not exceed 15 seconds and the time gap between each shall not exceed 10 seconds.
L. 
The sensory mechanism of dial alarms shall be adjusted so as to suppress false indications and not be actuated by impulses due to short flashes or light, wind, noises, rattling, or vibration of doors or other forces unrelated to general alarms.
M. 
By installing an alarm system and registering same with the Township of Pohatcong, each permittee agrees to indemnify and hold harmless the Township of Pohatcong and the Volunteer Fire Department of the Township of Pohatcong and mutual aid departments, their agents, servants and employees from and against any and all claims, suits, damages, costs, losses and expenses, and to release the Township of Pohatcong, the Volunteer Fire Department of the Township of Pohatcong and mutual aid departments, their 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.
N. 
Any alarm business and/or property owner having knowledge of the sale or change of tenants in a property shall be responsible for notifying the Police Department when one of its customers, tenants and/or owners possessing an alarm system sells the property or changes tenancy. The alarm business and/or property owner shall notify the Police Department of the name of the new owner or tenant and whether or not the new owner or tenant is continuing with an alarm device or system within the property.
A. 
Any person who fails to register an alarm system as required by the provisions of this chapter is subject to a minimum of $50 and a maximum of $500 fine, for each and every violation.
B. 
Any owner, user or alarm business who installs such a system that is not in compliance with this chapter is subject to a fine of $50 and may be required to remove such an alarm system.
C. 
In the case of each false alarm which summons the Police or Fire Department to respond, the Chief of Police or Fire Chief, as appropriate, shall cause an investigation to be made and shall keep a record of such false alarms on file.
D. 
Minimum service fees for false alarms.
(1) 
Owners and/or users of alarm systems shall be subject to the following minimum service fee schedule for false alarms:
Number of False Alarms
Service Fee
1-2
$0
3-4
$100
5-10
$250 per occurrence
10 or more
$500 per occurrence
(2) 
The calculation of the number of false alarms shall be without regard to whether the false alarms involved intrusion alarms or fire alarms.
(3) 
Failure to pay any service fee within 30 days of written notice of its assessment shall result in the issuance of a summons by the Police Department and an additional fine upon conviction of $500.
Any person who intentionally causes the giving of false alarms shall be in violation of this chapter and subject to a penalty of not less than $100 and not more than $1,000 and/or imprisonment for a term not to exceed 90 days, and/or by a period of community service not to exceed 90 days, for each such offense.
Any person testing an alarm system covered by the provisions of this chapter shall notify the Police Department and Warren County Communications immediately prior to and immediately after the testing is completed. Failure to do so shall constitute a violation of this chapter and subject such person to the penalties set forth herein.
The Chief of Police and Fire Official may from time to time promulgate rules and regulations in furtherance of the administration of this chapter. Said rules and regulations shall become effective upon approval by resolution of the Mayor and Council.
Written false alarm notices and service fee assessments may be issued by the Township Clerk, the Police Department, or the Fire Official. All summonses for nonpayment of any service fee assessed shall be issued exclusively by the Police Department.