The Mayor and Council finds and declares that:
A. There is increasing use of private emergency alarm systems by citizens
of this Borough;
B. Most alarms generated by private alarm systems are listed as false
alarms by responding authorities;
C. Police and Fire Department responses to false alarms provide an extra
public safety service that benefit only those individuals who own
alarm systems;
D. Alarm users and the general public are harmed by excessive numbers
of false alarms, because excessive false alarms divert Public Safety
Officers from other potentially critical duties and constitute a nuisance
that must be abated;
E. Fees to reimburse the Borough for the costs of responding to excessive
false alarms are justified because these false alarms divert limited
public safety resources;
F. The Police and Fire Departments recognize the value of alarms and
will respond accordingly to investigate possible crime and other emergencies,
suppress fire propagation, address life safety issues, and provide
medical treatment to fulfill the needs of the public; however, these
services are not used effectively when Borough personnel must respond
to locations with excessive numbers of false alarms;
G. Businesses with excessive false fire alarms are subject to reinspection
of their fire suppression, fire alarm system and facilities by the
Fire Marshal's Office;
H. Certain records are necessary to locate the persons in control of
a property when the police have been notified by an alarm of an actual
burglary or other emergency and need access to the property or when
an audible alarm system is malfunctioning so as to cause a nuisance
to the neighbors and other persons in the proximity of the alarm;
As used in this chapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
ALARM REGISTRATION OFFICER
An employee of the Borough designated by the Mayor, with
the consent of the Council, to implement and enforce this chapter.
ALARM SITE
A single fixed commercial or private premises or location
served by an alarm system. Each tenancy, if served by a separate alarm
system in a multi-tenant building or complex, shall be considered
a separate alarm site.
ALARM SYSTEM
Any mechanical, electrical or electronic device designed
to detect an unauthorized entry or emergency situation on real property
which emits sound off the premises or transmits an electronic signal
off the premises.
ALARM SYSTEM INSTALLATION AND REPAIR BUSINESS
Any individual, partnership, corporation, agent, or other
entity engaged in leasing, maintaining, servicing, repairing, altering,
replacing, installing or inspecting any alarm system, or in causing
any alarm system to be leased, maintained, serviced, repaired, altered,
replaced, or installed in any building, structure, or facility. The
foregoing sentence includes, but is not limited to, any person or
entity that derives any pecuniary benefit from any contract for the
installation of any alarm system, including but not limited to any
person or entity that sells a contract for the installation or monitoring
of an alarm system.
ALARM SYSTEM MONITORING BUSINESS
Any person or entity that intercepts signals indicating the
activation of an alarm system and relays this information to the Police
or Fire Department.
ALARM USER
Any person, firm, partnership, corporation or other entity
who uses or is in control of an alarm site. In the case of a rental
property, the renter is considered the alarm user.
ALARM USER PERMIT
A permit issued by the Borough of East Rutherford authorizing
the operation of an alarm system within the Borough.
AUTOMATIC VOICE DIALER
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 agency.
BACKGROUND INVESTIGATION
A reasonable investigation or inquiry into an individual's
previous history, including but not limited to his/her criminal record
and other information, that will at the minimum reveal whether the
person conducting the investigation has made a reasonable assessment
of the likelihood of danger to the alarm owner posed by the alarm
system installation and repair business personnel.
BUSINESS PERMIT HOLDER
Any alarm system installation and repair business or alarm
system monitoring business that has received an annual alarm business
permit under this chapter.
CANCELLATION
The process by which an alarm system monitoring business
verifies that a false dispatch has occurred and that there is not
an existing situation at the alarm site requiring public safety response.
CONTACT PERSON
Person designated by the alarm user who has the ability and
the authority to allow access to the alarm site and the alarm system.
DURESS\HOLD-UP ALARM
An alarm system designed to be activated by a person to indicate
an immediate life-threatening situation is present.
FALSE ALARM
A.
The activation of any alarm system resulting in notification
of the Police or Fire Department, for which the responding Public
Safety Officer finds no evidence of criminal activity, fire, smoke,
carbon monoxide, heat or other threat of emergency of the kind for
which the alarm system was designed to give notice.
B.
Notwithstanding the foregoing, the following shall not be deemed
a false alarm:
(1)
Upon receipt of a notice of demand for hearing, the Borough
Clerk shall promptly schedule a hearing before the Mayor and Council,
or a Hearing Officer designated by the Mayor and Council who shall
hold a hearing within 30 days from the date of the receipt of the
notice of demand;
(2)
Activities caused by power or phone line when such interruptions
have been previously reported to both the East Rutherford Police Department
and the East Rutherford Bureau of Fire Safety; or
(3)
When the responding police officer finds evidence of a violation
of the New Jersey Criminal Code or calamity such as fire damage by
natural elements.
FALSE FIRE ALARM
A false fire alarm resulting in notification of the East
Rutherford Fire Department of a fire emergency.
HEARING OFFICER
A person designated by the Mayor and Council to act as an
impartial adjudicator at hearings related to the enforcement of this
chapter.
INTRUSION/BURGLAR ALARM
An alarm system designed to detect a breach of the exterior
of or unauthorized movement in an alarm site.
MONITORED ALARM SYSTEM
An alarm system that results in sending a signal to an alarm
system monitoring business.
PERMIT HOLDER
Any alarm user who has received an alarm user permit under
this chapter.
PUBLIC SAFETY OFFICER
Members of the East Rutherford Police Department or East
Rutherford Fire Department.
VERIFY
An attempt by the alarm system monitoring business to contact
the alarm site by telephone before requesting public safety dispatch,
in order to avoid an unnecessary alarm dispatch.
The East Rutherford Police and Fire Departments shall respond
to alarm notifications according to department protocol.
No person shall intentionally activate an alarm system for any
purpose other than an emergency or threat of emergency of the kind
for which the alarm system was designed to give notice. Activation
of an alarm system for maintenance, testing, and instruction purposes
is exempted from this provision, provided that the alarm user notifies
the alarm system monitoring business of the test immediately prior
to testing. Any violation of this section shall result in a violation
of $500.
Nothing in this penalty section shall preclude the Borough from
seeking any equitable relief including but not limited to an injunction.