[HISTORY: Adopted by the Mayor and Council of the Borough of Kinnelon 7-17-1986 by Ord. No. 10-86 (Ch. 41 of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 56.
Key boxes — See Ch. 123, Art. V.
The purpose of this chapter is to provide minimum standards and regulations for the use of privately installed burglary, robbery and fire alarm systems, to require permits and registration, to establish fees and fines and to create an administrative apparatus.
As used in this chapter, the following terms shall have the meanings indicated:
ALARM DEVICE
Any type of alarm-activating equipment which provides warning of burglary, intrusion, fire or like peril, but shall specifically exclude a device giving an audible alarm indicating smoke and/or fire within a structure and not connected to an alarm system or to any external sounding device outside of the structure, such as an independent smoke detector.
ALARM SYSTEM
An assembly of equipment and devices arranged to signal the presence of an emergency, such as a burglary, intrusion, fire or like peril, to which police and/or fire fighters are expected to respond.
FALSE ALARM
An alarm signal eliciting a response by police and/or fire fighters when a situation requiring a response by the police does not in fact exist, but does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm user.
INSTALLER'S LICENSE
The license issued by the Construction Official of the Borough of Kinnelon permitting a person to engage in, manage, conduct or carry on the business of installing, leasing, connecting, maintaining, servicing, repairing, arranging, adjusting, replacing, moving and programming, in any building, place or premise in the Borough of Kinnelon, any alarm equipment or device to summon the Police Department, Fire Department or other municipal agency.
PERMITTEE
Any person who owns an alarm device, equipment or alarm system who has obtained a permit according to the provisions of this chapter.
PERSON
Any individual, firm, partnership, association, corporation, company or organization of any kind in lion or control of any building, structure or facility wherein an alarm device or system is maintained.
A. 
No person shall install, operate or maintain or cause to be installed, operated or maintained any alarm device or system for the purpose of transmitting a signal or alarm for the purpose of summoning the Police Department or the Fire Department or other municipal agency in response thereto, without first having made application and been issued a permit therefor in accordance with the provisions of this chapter and the rules, regulations and procedures hereinafter established and provided hereunder.
B. 
All permits and the corresponding fee shall be issued and paid for once. There shall be an affirmative and continuing obligation on the part of the permittee to notify the Construction Official of any change or modification in the permittee's alarm device, equipment or alarm system or in any of the information that the permittee set forth in the permit application form.
C. 
This chapter shall also apply to all alarm devices or alarm systems installed prior to the effective date hereof.
D. 
The provisions of this chapter shall not apply to any alarm device, equipment or alarm system installed in the premises occupied by any Borough, county, state or federal government agency or office.
A. 
All applications for the issuance of a permit shall be made in writing to the Construction Official of the Borough of Kinnelon on a form provided therefor and shall be accompanied by a permit fee of $25.
B. 
Said application, among other information which may, from time to time, he required or prescribed by the Construction Official, shall specify:
(1) 
The full name, address and telephone number of the applicant.
(2) 
The exact location of the alarm device, alarm equipment or system.
(3) 
The name and address of the installer of said alarm device, alarm equipment or system.
(4) 
The type of alarm device, alarm equipment or alarm system provisions relating to false alarms and testing procedures.
(5) 
Names, addresses and telephone numbers of three persons to be contacted in case of alarm and/or malfunction.
C. 
A copy of all the information required under Subsection B(1) through (5) of this section and any other information which, from time to time, may be required by the Kinnelon Police Department shall be supplied to the Kinnelon Police Department on a form provided by the Police Department, said form being obtainable through the Construction Official.
D. 
Upon application for a permit, the Construction Official shall cause an investigation and records to be made and, thereafter, provided that the applicant has complied with all the terms of this chapter and the rules and regulations promulgated and adopted pursuant thereto, shall then issue a permit.
E. 
Persons with an alarm device, equipment or alarm systems installed prior to the effective date of this chapter shall apply for a permit within 90 days from the effective date of this chapter.
No permit shall be granted except upon the following terms and conditions:
A. 
The applicant shall furnish and complete all information required relating to the application and the alarm device, equipment or alarm system to be installed or connected and data relating to prevention of false alarms and testing procedures.
B. 
The applicant shall maintain the equipment in good condition and repair.
C. 
No person other than the applicant and his agent and employees shall exercise the privileges under the permit.
D. 
No permit shall be transferred or assigned in any manner.
E. 
The permit is accepted upon the express condition that the permittee shall indemnify and hold harmless the Borough of Kinnelon and its agents or employees from any and all damages arising out of the activities of the permittee or its alarm contractor.
F. 
The applicant or permittee, upon acceptance of such permit, thereby agrees to hold and save harmless the Borough of Kinnelon and its agents and employees from any and all liabilities whatsoever in connection with any such alarm, equipment, device or system or the operation and maintenance of the same, which shall be the sole responsibility of the person having had the same installed or connected.
G. 
Each separate building, store, premises, place or location shall require a separate permit.
Any permit issued under the provisions of this chapter may be suspended or revoked by the Construction Official for any violation of or failure to comply with the provisions of this chapter or any rule or regulation promulgated by the Construction Official and approved by the Mayor and Council, including the following:
A. 
The permittee or his agent or employee willfully failed to and did not comply with a request by the Construction Official or a member of the Kinnelon Police Department to proceed immediately to the location of the permittee's alarm and render necessary services.
B. 
The permittee or his agents or employees knowingly installed or maintained a faulty alarm system. An inordinate number of false alarms shall be prima facie evidence that such alarm device is knowingly a faulty device.
C. 
The permittee has breached the terms and conditions of the permit. No permit shall be revoked or suspended without giving the permittee 30 days' notice, in writing, of such action and an opportunity to show cause before the Construction Official why such action should not be taken. Any person aggrieved by the action or determination of the Construction Official in the denial of a permit or in the suspension or revocation of any permit provided for in this chapter may appeal to the Mayor and Council of the Borough of Kinnelon.
A. 
In the case of a false alarm, any person having knowledge thereof shall immediately notify the Police Department. In addition, in the case of false alarms, the Police Department shall cause an investigation to be made and keep a record of all alarms. For such false alarms, the Mayor and Council prescribes the following penalties:
[Amended 5-20-2010 by Ord. No. 8-10]
(1) 
For the first and second false alarm in any given calendar year, a warning shall be given.
(2) 
For the third false alarm in the same calendar year, a fine of $75 shall be paid to the Borough of Kinnelon.
(3) 
For the fourth false alarm and any subsequent false alarms in the same calendar year, a minimum fine of $150 up to a maximum fine of $500 shall be paid to the Borough of Kinnelon.
B. 
Said fines shall be paid to the Borough of Kinnelon within 30 days of service of written notice upon the permittee of the fine. The written notice shall state the date and time of each false alarm attributable to the permittee for the year in which the notice is given.
C. 
The permittee shall take all necessary steps to immediately ascertain the cause of any false alarm and shall alleviate the problem within 72 hours or show cause before the Police Department why the malfunction cannot be remedied within the time period. The Police Department or Construction Official shall have the discretion to grant an additional period of time within which to make the repair.
Any unauthorized equipment, device or alarm system may he disconnected by the Construction Official or his designated representative for noncompliance with this chapter, and any person installing or maintaining unauthorized equipment shall he prosecuted for violation of this chapter, and each and every day said equipment is in operation shall be considered a separate violation. Any permittee shall, by acceptance of the permit, be deemed to have consented to inspection of the premises on which said alarm equipment device or system is installed at reasonable hours by the Construction Official or his designated representative.
A. 
No person shall engage in, manage, conduct or carry on the business of installing, leasing, connecting, maintaining, servicing, repairing, arranging, adjusting, altering, replacing, moving or programming, in or on any building, place or premises in the Borough of Kinnelon, any police, fire or burglar alarm device, equipment or system which is equipped to report or to attract the attention of the Police Department or Fire Department in order to secure a response thereto without first having applied for and received from the Construction Official of the Borough of Kinnelon an annual license therefor.
B. 
Upon the initial filing of an application for an installers license hereinabove referred to, the applicant shall pay a fee of $50 to defray the costs of investigation, inspections, maintaining records and other administrative expenses. Each year thereafter, said installers license may be renewed, upon the request of the licensee, at an annual fee of $10. All installers licenses hereunder shall expire on December 31 of the year in which issued, and all licenses for renewal thereof must be submitted, in writing, to the Construction Official on or before January 31 of the succeeding year, together with the aforesaid renewal fee.
C. 
Upon filing an application for a license, the applicant shall complete a form provided therefor by the Construction Official, which form shall include the name, address and telephone number of the applicant, the name and type of equipment, device or system to be installed and utilized, the brand name or manufacturer of the same, the serial number of such equipment, device or system, the person from whom the same was purchased, the nature of the installation, the method of operation, the location of installation and other such information as required, from time to time, under the rules and regulations promulgated by the Construction Official.
D. 
The Construction Official shall cause an investigation to be made of the applicant for an installer's license to determine the qualifications, responsibility and reliability of equipment, devices or systems to be installed or connected by said installer, as well as the liability of such installer to comply with the rules and regulations to be made and promulgated by the Construction Official and adopted by the Mayor and Council.
E. 
Licensed electrical contractors and their employees shall be exempt from having to obtain an alarm installer's license as hereinabove referred to in this section. In lieu of such requirement, a licensed electrical contractor shall be required to complete an annual registration form provided by the Construction Official, which form shall include the name, address and telephone number of the licensed electrical contractor, the electrical contractor's license and business permit numbers, the names, addresses and telephone numbers of every person employed by such contractor who shall engage in the installation and servicing of alarms in the Borough of Kinnelon, the names and types of equipment, devices or systems installed and utilized and such other information as may be required, from time to time, under the rules and regulations promulgated by the Construction Official. In order to ensure that the information registered with the Construction Official is reasonably up-to-date, licensed electrical contractors shall be required to submit a new registration form annually. Such form must be submitted to the Construction Official on or before January 31 of each year.
F. 
Licensed electrical contractors and their employees and installer licensees hereunder shall he required to maintain complete and accurate records of each and every such alarm equipment device or system installed, connected, maintained, leased or serviced with the Borough of Kinnelon and shall notify the Construction Official of the same, and all installations, connections and all alarm equipment devices and systems shall conform to the rules and regulations made and provided herein by the Construction Official and approved by the Council.
A. 
The Construction Official may make, prescribe and promulgate rules and regulations for the installation, operation, maintenance and performance of an alarm device, equipment or an alarm system as may be reasonably necessary to fulfill the purposes of this chapter.
B. 
Such rules and regulations shall be made, prescribed and promulgated to sufficiently promote and ensure an effective and uniform police and fire personnel and permittee response to an alarm device, equipment or alarm system; to provide for the proper installation, operation, maintenance and performance of an alarm device, equipment or alarm system, thereby minimizing false alarms and the consequential dangers of the same to residents of the Borough of Kinnelon; and to provide for maintenance of records related to an alarm device, equipment or alarm system.
C. 
Said rules and regulations and all changes thereof shall be subject to the approval of the Mayor and Council.
D. 
Said rules and regulations shall be made in writing and shall be given to each permittee at the time of the application for a permit or at the time of the promulgation or amendment of such rules and regulations.
[Amended 7-21-1988 by Ord. No. 12-88; 6-21-1990 by Ord. No. 4-90]
Any person, firm or corporation violating this chapter shall be subject, upon conviction, to one or more of the following at the discretion of the court: a fine not to exceed $1,000 or imprisonment in the county jail for a term not to exceed 90 days or community service not to exceed 90 days.