[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank by Ord. No. 10-83 (Sec. 4-5 of the 1987 Revised General Ordinances). Amendments
noted where applicable.]
The purpose of this chapter is to provide standards and regulations
for the operation of local alarms, intrusion, burglar, fire and other
emergency alarm devices whether by direct line, radio, telephone or
other means actuating a device at Police Headquarters in the Borough
and requiring response thereto by the Police Department, fire companies
or other municipal agency.
The provisions of this chapter shall apply to any person who operates, maintains or owns any alarm device or local alarm designed to summon the police, fire companies or other municipal agencies to any location in response to any type of alarm signal. The terms of this chapter shall in no way prohibit alarm companies from providing service by private source to other offices within or without the Borough so long as such activity is not connected to the alarm console; except, that any person having a premises protected by an alarm device shall still be responsible for the registration thereof in accordance with § 213-6 of this chapter.
As used in this chapter, the following terms shall have the
meaning indicated:
The console or control panel of the devices giving a visual
or audio response or both, and located within the confines of the
Police Department in the Borough.
Any type of alarm system actuating equipment in the alarm
console providing a warning of intrusion, fire, smoke, flood or other
peril.
Any alarm, device or combination of devices installed for
one or more buildings at a location other than the alarm console.
Limited to a member of the Police Department of the Borough
or the representative of any firm employed by the Borough for the
purpose of installing and maintaining the console.
That type of device using telephone lines or radio transmitting
of any and all programmed or automatic alarm directly through the
police switchboard, providing warning of intrusion, fire, smoke, flood
or other peril.
Any alarm activated by inadvertence, negligence or unintentional
act of someone other than an intruder, and shall include, as well,
alarms caused by malfunctioning of the alarm device or other relevant
equipment, but shall not include alarms created by malfunction of
the alarm console.
The person obtaining the license to maintain the alarm console
as hereinafter set forth.
Any alarm or device which, when activated, produces a visual
and/or noise signal not connected to the alarm console, such as store
burglar alarms activating bell devices.
Any person owning an alarm device or local alarm within the
scope of this chapter.
A.
There is hereby established a police alarm console license which
shall be granted by the Borough Council upon recommendation of the
Chief of Police as set forth in this chapter. Any such license shall
have exclusive use and control of the alarm console except for use
by the Police Department of the Borough, and such license will be
responsible at no cost to the Borough for the establishment, construction
and installation of such console equipment and being of a design approved
by the Borough Council and for the care, maintenance and management
thereafter of such console; such licensee shall locate such console
and relocate such console if necessary, at no cost to the Borough,
under the prior approval and supervision of the Chief of Police. For
any such licensee granted hereunder, the licensee will assume all
liability and agree to indemnify and save harmless the Borough, its
agents, servants or employees, and the Police Department for acts
in conjunction with the operation of such police alarm console and
in conjunction therewith, they shall furnish annually to the Borough
Clerk an insurance certificate indicating liability coverage in an
amount no less than $1,000,000 per claim or $3,000,000 per incident.
Failure to maintain such policy after notice shall be considered a
breach of this contract warranting rescission.
B.
Any conjunction to the police alarm console shall be of a type approved
in writing, in advance, by the Chief of Police or his designated representative
and any person or organization aggrieved by such decision may appeal
such decision in writing within 10 days to the Borough Council.
C.
All alarm devices existing as of the date of the adoption of this chapter (except dial alarms) shall be connected to the alarm console by the licensee. Upon connection, the licensee may charge existing subscribers the monthly retainer or maintenance fee as provided in Subsection D of this section.
D.
The licensee for the police alarm console shall be permitted to charge
subscribers a single installation fee and a monthly retainer or maintenance
fee as provided in the bid.
E.
The licensee shall install an annunciator or display console having
no less than 1,000 zones available for present systems and capable
of being expanded in anticipation of future connections which console
shall be approved by the Underwriters Laboratories, Inc. for both
burglar alarms and fire alarms.
F.
Except as provided in § 213-7 of this chapter, any license issued hereunder shall be for a term of three years from the date of approval and issuance by the Borough Council, such licensee shall post with the Borough Clerk a performance bond in the amount to be determined by the Borough, guaranteeing performance for the terms of the obligation of the licensee and insuring maintenance of such console and alarm system during such period when such license is in force.
Licensee shall be the lowest qualified and responsible bidder
complying with the specifications and other bid requirements for the
license.
A.
Any person which owns or operates an alarm device or a local alarm
shall, after the adoption of this chapter, make application for the
continuance of the alarm thereof in writing to the Chief of Police,
on a form to be provided, which application shall contain at least
the location of the alarm, the name and address of the installer of
such alarm, the type of alarm, provisions relating to false alarms
and testing procedures, a list of persons to be contacted in the event
of an alarm, and other information as may be required. Application
for renewal of the permit shall be made annually and not filed later
than November 30 with the Chief of Police.
B.
For alarm devices connected to the console in the Police Department, the permittee shall pay to the licensee the installation charge and a monthly maintenance fee for the alarm control panel pursuant to § 213-4D of this chapter.
C.
Any permit granted hereunder shall be accepted upon the express condition
that the permittee shall indemnify and hold the Borough harmless from
and on account of any and all damages arising out of the activities
of the permittee, its alarm contractor, or the alarm console licensee
of the Borough, and the Borough accepts no liability for the services
of the alarm console.
D.
For dial alarm devices, the owners shall pay to the Borough an annual
fee of $50 to cover the cost of registration, testing and to amortize
the cost of the special phone line or lines required in the municipal
building along with ancillary tape devices at the police desk necessitated
by these systems.
The Borough reserves the right to revoke any license or permit
issued pursuant to this chapter for failure to comply with the terms
of this chapter or any rules and regulations promulgated pursuant
to same; provided, however, that 30 days' notice is given in writing
to such licensee or permittee.
A.
Dial alarm. Any alarm device which when activated automatically or
electronically selects a telephone line connected to a central alarm
station or to the police headquarters reporting a prerecorded message,
requesting police assistance, and such devices, commonly known as
"dial alarms," shall be regulated as follows:
(1)
A person shall register all dial alarms with the Police Department
by completion of an application form furnished by the Borough. The
registration shall include the type of device utilized, including
brand name or manufacturer thereof, serial number, a list of persons
to be contacted in the event of an alarm and any other information
required by the Chief of Police or his agent.
(2)
Dial alarms shall be coded to dial a special police number to be
obtained from the Chief of Police or his designated representative,
and no dial alarm shall be coded to dial the number of the general
police switchboard number of the Borough.
(3)
The message must conform to the approved format in the application
form.
(4)
The total length of the message may not exceed 15 seconds.
(5)
The dial alarm message shall be transmitted at least two times, but
not more than three times.
(6)
Any dial alarm device must provide an automatic line seizure feature
in the event that the line is busy with incoming or outgoing calls.
(7)
Owners of dial alarm devices shall be governed by the false alarm procedures and penalties set forth in § 213-9 of this chapter.
(8)
Any person having a dial alarm device which calls a general police
number, upon discovery thereof, shall receive notice in writing from
the Chief of Police or his designated representative requiring the
owner to comply with terms of this chapter, and, if that person fails
to do so within 10 days of the receipt of the notice, he shall then
be liable to pay the Borough a penalty of $50, each day being a separate
violation.
C.
Any licensee for the alarm console and any permittee utilizing the
services of any other alarm company connected to such console shall
provide for a representative to be on call on a twenty-four-hour basis
and such service shall be provided within eight hours of notification
by the Police Department of any malfunctions of any equipment.
D.
Any unauthorized equipment may be disconnected by the Chief of Police
or his designated representative for noncompliance with this chapter,
provided the owner thereof fails to disconnect same within 10 days
of mailing of a written notice to disconnect.
E.
Any person installing or maintaining unauthorized equipment shall
be prosecuted for violation of this chapter, and each and every day
such equipment is in operation shall be considered a separate violation.
F.
Any permittee shall by acceptance of the permit be deemed as having
consented to inspection of the premises on which such alarm devices
are installed at reasonable hours by the Chief of Police or his designated
representative.
A.
In the case of a false alarm, any person having knowledge thereof shall immediately notify the Police Department in a manner to be prescribed by rules and regulations promulgated pursuant to § 213-12 of this chapter. In addition, the Chief of Police shall cause an investigation to be made and keep a record of the alarms on file. The following penalties shall apply:
(1)
For the first and second false alarm in any given year, a warning
shall be issued;
(2)
For the third false alarm in the same calendar year, a fine of $100
shall be paid to the Borough; and
[Amended 5-8-2019 by Ord.
No. 2019-20]
(3)
For the fourth false alarm, a fine of $250.
[Amended 5-8-2019 by Ord.
No. 2019-20]
B.
For any subsequent false alarm, a fine of $500 shall be paid to the
Borough. Where the investigation of the Police Department discloses
continued abuse of the privilege of connection to the alarm console
and the permittee's failure to take remedial steps to avoid such condition,
the Chief of Police shall have the right to require disconnection
from the alarm console or any dial alarm; provided, however, that
no such connection shall be revoked without the permittee having an
opportunity to show cause before the Borough Council why such action
should not be taken.
[Amended 5-8-2019 by Ord.
No. 2019-20]
C.
Any person testing any alarm covered under the terms of this chapter
shall notify the police headquarters immediately prior to and after
the testing is completed. Failure to do so shall subject the person
to penalties provided for false alarms.
D.
In cases of false alarms involving fire alarms, all information shall
be referred to the Commissioner, who may take such action as may be
provided by law.
Where a permittee has both a fire alarm and a burglar alarm,
each alarm shall be wired so as to give a distinct signal at the Police
Department indicating the cause for activating the alarm.
Building alarms shall be permitted, but it shall be unlawful
for any local alarm to ring or put forth any other sound for a period
in excess of 10 minutes.
The Borough Council may promulgate rules and regulations supplementing
this chapter in order to provide for recordkeeping and efficient management
of the alarm systems enumerated in this chapter.
