City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of East Orange 3-14-1983 by Ord. No. 10-1983.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 146.
Peace and good order — See Ch. 198.
[1]
Editor's Note: This ordinance also repealed former Ch. 97, Alarm Systems, adopted 12-8-1980 by Ord. No. 31-1980

§ 97-1 Applicability.

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 Department, Fire Department or other municipal agencies to any location in response to any type of alarm signal. The terms of this chapter in no way prohibit alarm companies from providing service by private source to other offices within or without the City of East Orange so long as such activity is not connected to the alarm console; except, however, that any person having premises protected by an alarm device shall still be responsible for the registration thereof in accordance with § 97-5A without fee.

§ 97-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ALARM CONSOLE
The console or control panel of devices giving a visual or audio response, or both, and located within the confines of the Police Department and Fire Department headquarters of the City of East Orange.
ALARM DEVICE
Any type of alarm system actuating equipment in the alarm console, providing warning of intrusion, fire, smoke, flood or other peril.
ALARM INSTALLATION
Any alarm device or combination of devices installed for one or more buildings at a location other than the alarm consoles.
CLASS A RESIDENTIAL PROPERTY
Such property whose permitted use is defined under Chapter 51, §§ 51-92 and 51-93, of the Code of the City of East Orange (single- to three-family residences), including single units within high-rise structures that have occupant-owned alarm systems solely protecting the single unit.
[Added 10-12-2010 by Ord. No. 20-2010[1]]
CLASS B RESIDENTIAL PROPERTY
Such property whose permitted use is defined under Chapter 51, §§ 51-94, 51-95 and 51-96, of the Code of the City of East Orange (multifamily greater than three units and high-rise structures).
[Added 10-12-2010 by Ord. No. 20-2010[2]]
COMMERCIAL PROPERTY
Such property whose permitted use is defined under Chapter 51, §§ 51-98 through 51-103, of the Code of the City of East Orange, including industrial uses (business and industrial uses).
[Added 10-12-2010 by Ord. No. 20-2010[3]]
DESIGNATED REPRESENTATIVE
Limited to a member of the Police Department and Fire Department, City of East Orange.
DIAL ALARM
That type of device using telephone lines transmitting an alarm directly through the police or fire switchboard.
FALSE ALARM
Any alarm actuated 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. Excluded are alarm signals caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user or owner that are not related to alarm maintenance.
[Amended 10-12-2010 by Ord. No. 20-2010]
LICENSEE
The person obtaining the license to maintain the alarm consoles hereinafter set forth.
LOCAL ALARM
Any alarm or device which, when actuated, produces a signal not connected to the alarm consoles, such as store burglar alarms actuating bell devices, plus heat, fire or smoke alarms actuating an audible device.
PERMITTEE
Any person owning an alarm device or a local alarm within the scope of this chapter.
PERSON
Includes any natural person, partnership, corporation, association or City agency.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 97-3 Alarm console license.

A. 
There is hereby established a police and fire alarm console license, which shall be granted by the Police Director/Chief of Police and Fire Chief as set forth in § 97-4 of this chapter.
[Amended 10-12-2010 by Ord. No. 20-2010]
B. 
Any connection to the police and fire alarm consoles shall be of a type inspected and approved by the Chiefs of Police and Fire of the City of East Orange or their designated representatives, and any person aggrieved by said decision may appeal said decision, in writing, within 10 days to the Bureau of Licensing.
[Amended 10-12-2010 by Ord. No. 20-2010]
C. 
All alarms existing as of the date of the adoption of this chapter shall be connected hereunder to the alarm console by the licensee, and no connection cost for such transfer shall be permitted, provided that said alarms qualify as the type of alarm or equipment under the other provisions or requirements of this chapter.
D. 
Except as provided in § 97-5 of this chapter, any license issued hereunder shall be for a term of five years from the date of approval by the Mayor and Council of the City of East Orange. Such licensee shall post with the City Clerk a performance bond in the amount of $5,000, noncancelable without notification to the City Clerk of the City of East Orange, guaranteeing performance for five years of the obligation of the licensee and insuring maintenance of said consoles and alarm systems during said period when such license is in force.

§ 97-4 Registration; permits.

A. 
Any person, firm or corporation which owns or operates a police or fire alarm device or a local alarm shall make application for the continuance thereof, in writing, to the Chief of Police and the Fire Chief, which application shall contain at least the location of the device, the name of the installer of said device, the type of device, 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 by the Police Director/Chief of Police and Fire Chief.
[Amended 10-12-2010 by Ord. No. 20-2010]
B. 
Local alarms shall be registered, but no fee shall be charged therefor.
[Amended 10-12-2010 by Ord. No. 20-2010]
C. 
For alarm devices, the permittee shall pay whatever charges are required by any alarm company making such installations and, in addition, a fee for connection to the console control panel of $50 or less and such monthly maintenance charge as the licensee specified in his bid. Should the permittee fail to make payment of said fees to the licensee when due, the licensee may disconnect such system from the alarm consoles after giving 30 days' notice, in writing, of such intent to disconnect. A copy of such notice shall be sent to the Chief of Police and the Fire Chief. The licensee shall also notify the Chief of Police and the Fire Chief when the actual disconnection takes place and when the permittee is reconnected to the system.

§ 97-5 Limitations of City's obligations.

[Amended 10-12-2010 by Ord. No. 20-2010]
The City of East Orange shall be under no duty or obligation or be responsible for damage to any permittee hereunder or to any alarm console licensee hereunder. The alarm consoles and allied equipment are maintained at will and are subject to termination at any time or cancellation of the contract by resolution duly adopted by the City Council of the City of East Orange, and any individual permit issued hereunder may be revoked at any time by the Police Director/Chief of Police and Fire Chief, provided that 30 days' notice is given, in writing, to said permittee. The permittee shall have a right to a hearing within 10 days of the service of said notice. Neither the City of East Orange nor its agents or employees assume any obligation whatsoever concerning the adequacy, operation or maintenance of any private alarm system. Neither the City nor its agents or employees assume any liability whatsoever for any failure of any private alarm system, failure to respond to any such alarm system or for any act of omission or commission relating to any such alarm system.
A. 
Dial alarm devices using prerecorded messages.
(1) 
Effective 90 days after final adoption of this chapter or the awarding of the bid contract to provide fire and police alarm service, whichever is greater, no person shall use, or cause or permit to be used, any alarm device that automatically selects an emergency trunk line of the Fire or Police Department of the City of East Orange and then reproduces any prerecorded voice messages to report any robbery, burglary, holdup, fire or other emergency. Such devices are permissible, provided that they are designed to select a private line so designated by the Fire or Police Department for that purpose exclusively and such equipment is designed and installed so that the equipment shall be disconnected automatically from the telephone line after the signal has been received by the Fire or Police Department.
(2) 
The use of any alarm device which relays a digital coded signal to the alarm-monitoring facility at police and fire headquarters is permitted under this section.
(3) 
The Police Department will accept up to three digital coded channels, e.g.:
(a) 
Holdup alarm.
(b) 
Panic alarm.
(c) 
Burglar alarm.
(4) 
The Fire Department will accept up to four coded channels, e.g.:
(a) 
Fire/smoke alarm.
(b) 
Sprinkler alarm.
(c) 
Manual.
(d) 
Medical alert.
(5) 
Private police or fire alarm equipment arranged to automatically transmit a digital coded signal over commercial telephone facilities shall be so designed and installed that the equipment shall be disconnected automatically from the telephone line after the signal has been received by the Police or Fire Department.
(6) 
Any person, firm or corporation seeking to install the aforementioned devices within the City of East Orange shall pay an annual license fee in accordance with the following schedule:
[Amended 10-12-2010 by Ord. No. 20-2010]
Property Type
Registration Fee
Commercial
$150
Class A Residential
$50
Class B Residential
$150
B. 
All fire alarm devices shall be installed in accordance with all applicable ordinances and regulations of the City of East Orange, the laws of the State of New Jersey and the United States and with the approval of the Fire Chief.
C. 
Any license from the alarm console company and any permittee utilizing the services of any other alarm company connected to said consoles shall provide for a representative to be on call at all times, and such service shall be provided within eight hours of notification by the Police or Fire Department of any malfunctions of any equipment.
D. 
False alarms.
(1) 
In case of a false alarm, any person having knowledge thereof shall immediately notify the Police or Fire Department in a manner to be prescribed by rules and regulations in accordance with § 97-6 of this chapter. In addition, in case of false alarms, the Chiefs of Police and Fire shall cause an investigation to be made and keep a record of said alarm on file.
(2) 
In the event within one year of a second burglar alarm or robbery alarm emitting a sound or message resulting in a response by a designated representative when a situation requiring a response by a designated representative does not in fact exist, the alarm user shall be notified by the designated representative to complete a written report to the designated representative setting forth the cause of the false alarm, if known; the corrective action taken; whether the alarm system has been inspected by an alarm service company; and such other information as the designated representative may reasonably require. The alarm user's failure to return this report shall be a violation of this section. It shall be a violation of this section for the alarm user to allow three false alarms within 12 months.
(3) 
For such false alarms, the City Council prescribes the following penalties after formal complaint, notice and hearing:
Property Type
First and Second Offense
Third through Fifth Offense
Sixth Offense or Greater*
Commercial
Warning
$300
$750
Class A Residential
Warning
$100
$300
Class B Residential
Warning
$300
$750
NOTE:
*Penalties may also include, but are not limited to, revocation of all alarm registrations, licenses and permits, subject to a hearing by the Police Director/Chief of Police and Fire Chief in accordance with the provisions of this chapter.
(4) 
Where the investigation of the Police or Fire Department discloses continued abuse of the privilege of connection to the alarm consoles and a disregard by the permittee for taking remedial steps to avoid false alarms, the right is reserved by the Chiefs of Police and Fire to require disconnection from the alarm console for a limited period or permanently, provided that no such permit shall be revoked or suspended without giving the permittee an opportunity to show cause before the Police Director/Chief of Police and Fire Chief why such action should not be taken.
E. 
Any authorized equipment may be disconnected at the console by the Chiefs of Police and Fire or their designated representatives for noncompliance with this chapter, and any person installing or maintaining unauthorized equipment shall be 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 as having consented to inspection of the premises on which said alarm devices are installed at reasonable hours by the Chiefs of Police and Fire or their designated representatives.

§ 97-5.1 Duration of alarm.

[Added 10-12-2010 by Ord. No. 20-2010]
A. 
No burglar alarm or robbery alarm system or device shall be maintained and allowed to emit a sound from any building which does not deactivate within 20 minutes after being activated, nor shall it be allowed to emit sound intermittently for any period in excess of a total of 20 minutes after being activated.
B. 
For the first occurrence, the designated representative shall notify the alarm user, in writing, that his/her alarm did not deactivate after 20 minutes. For the second occurrence, the designated representative shall notify the alarm user, in writing, that he/she is in violation of this section. Upon a third occurrence of a burglar alarm or robbery alarm emitting sound for over 20 minutes, the owner or alarm user shall receive a summons and complaint for a violation of this section.
C. 
In addition, upon a second violation of this section, the alarm user shall be required to submit to the designated representative, within 72 hours, evidence that he/she has taken the necessary steps to correct the system and comply with this section.

§ 97-6 Authority to promulgate rules and regulations.

[Amended 10-12-2010 by Ord. No. 20-2010]
The Police Director/Chief of Police and Fire Chief may from time to time promulgate, by resolution, rules and regulations supplementing this chapter in order to provide recordkeeping and efficient management of said system.

§ 97-7 Violations and penalties.

[Amended 10-12-2010 by Ord. No. 20-2010]
Any person, firm or corporation found guilty in the Municipal Court of the City of East Orange for violation of the terms of this chapter shall be subject to a fine of not more than $1,000 or imprisonment for a period not exceeding 90 days, or both.