Borough of Rockaway, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Rockaway 5-12-1988 by Ord. No. 7-88. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 33.
Fire prevention and protection — See Ch. 139.
Fire Department rules and regulations — See Ch. A264.

§ 131-1 False alarms unlawful.

No person shall willfully and maliciously ring or cause to be rung any bell or alarm of any fire company, ambulance association or police department, thereby giving or causing to be given a false alarm of fire, ambulance or other emergency call, or shall willfully send any message of false alarm by telephone or by any other method or means.

§ 131-1.1 Definitions.

[Added 10-14-2010 by Ord. No. 20-10]
As used in this chapter, the following terms shall have the meanings indicated:
ALARM DEVICE
Any alarm or device warning of intrusion, burglary, fire, smoke, flood or other peril, located on residential or commercial property, and connected to a private monitoring system which may then relay the warning to Borough of Rockaway Police Headquarters prompting a response.
DIRECT DIAL ALARM
That type of device using telephone lines and transmitting an alarm call or signal directly through the police switchboard.
FALSE BURGLAR ALARM
The actuation of an alarm device of any type to which the Police Department must respond and for which an investigation fails to reveal a cause of the nature or type to which the alarm device was designed or intended to react.

§ 131-1.2 Direct dial alarms.

[Added 10-14-2010 by Ord. No. 20-10]
Direct dial alarms shall not be permitted. All commercial alarm systems, including those that warn of intrusion, burglary, fire, smoke, flood or other peril, must be routed through a central station, which may then relay the warning to Borough Police Headquarters for response.

§ 131-2 Violations and penalties.

[Amended 11-14-1991 by Ord. No. 22-91; 8-24-2006 by Ord. No. 15-06]
Any person, firm or corporation who shall willfully cause a false alarm of any kind to be transmitted shall be subject to a fine of not less than $100 nor more than $2,000 and/or imprisonment for not exceeding 90 days or 90 days' community service, at the discretion of the Judge of the Borough of Rockaway.

§ 131-3 Unintentional false alarms; notice for testing of alarms.

[Amended 8-24-2006 by Ord. No. 15-06; 10-14-2010 by Ord. No. 20-10]
Any person, firm or corporation who shall unintentionally cause to be transmitted by mechanical failure, automatic alarm or such other mechanical device a false alarm shall be subject to the following provisions:
A. 
The Fire Chief shall maintain a written log of all fire alarms received and equipment and/or personnel dispatched in response to said alarm, noting the date and time of each said alarm. In the case of a false burglar alarm, the investigating officer shall complete a report noting all circumstances.
B. 
During each consecutive twelve-month period, it shall not be lawful for any person, firm or corporation that maintains a fire or burglar alarm system in the Borough of Rockaway to transmit more than four false alarms in connection with the maintenance and operation of said alarm system. All such persons, firms or corporations shall diligently maintain their fire or burglar system alarm so as to avoid the transmission of such false alarms.
C. 
The following penalties shall be imposed for the transmission of false automatic fire or burglar alarms in excess of one false alarm:
(1) 
There shall be a fine of $50 for the second false alarm during any consecutive twelve-month period.
(2) 
For all false alarms in excess of two but not in excess of four within a consecutive twelve-month period, there shall be a fine of $100 for each false alarm in excess of two during any such consecutive twelve-month period.
(3) 
For all false alarms in excess of four but not in excess of eight within a consecutive twelve-month period, there shall be a fine of $500 for each false alarm in excess of four during any such consecutive twelve-month period.
(4) 
For all false alarms in excess of eight false alarms within a consecutive twelve-month period, there shall be a fine of not less than $500 nor more than $2,000 and/or imprisonment for not more than 90 days and/or 90 days' community service, all in the discretion of the court, for each false alarm in excess of eight during any such consecutive twelve-month period.
D. 
Testing of alarms required by the Uniform Fire Code without prior notice to the Police Department and the Fire Department shall be considered false alarms.

§ 131-4 Payment of fines.

All fines payable under the terms of this chapter shall be payable to the Borough of Rockaway.

§ 131-5 Appeals.

[Amended 10-14-2010 by Ord. No. 20-10]
Whenever, under the provisions of this chapter, the Fire Chief or Police Chief or any authorized representatives he may have designated are empowered to make a decision with respect to the installation, operation and maintenance of any alarm equipment or with respect to the issuance or denial of any application relating thereto, any person aggrieved by said decision may, within 10 days following said decision, file a written appeal therefrom with the Borough Clerk, whereupon the Borough Council shall promptly conduct a hearing and affirm, modify or reverse the decision appealed from by simple majority.

§ 131-6 Promulgation of rules and regulations.

[Amended 10-14-2010 by Ord. No. 20-10]
The Borough Council may, from time to time, promulgate rules and regulations supplementing this chapter in order to provide for recordkeeping of fire or burglar alarm systems.

§ 131-7 Liability of Borough.

[Amended 10-14-2010 by Ord. No. 20-10]
The Borough of Rockaway shall not be deemed to be under any duty or obligation with respect to the operation of any fire or burglar alarm system operated in the Borough of Rockaway. Nothing contained in this chapter shall impose liability on the Borough of Rockaway, its employees or agents or individual members of the Police or Fire Department concerning their response to alarms.

§ 131-8 Chief administrative agent designated.

[Added 10-14-2010 by Ord. No. 20-10]
The Fire Marshal or Police Department is hereby designated to serve as the chief administrative agent of this chapter. All inspections and enforcement of the provisions of this chapter shall be under his or her direction and supervision. He or she may appoint or designate such other officials or employees of the Borough to perform such duties as may be necessary for the enforcement of this chapter.