[HISTORY: Derived from Ch. IV, Sec. 4-1,
of the Revised General Ordinances of the Borough of Fort Lee, 1978,
adopted 3-1-1979. Amendments noted where applicable.]
A.
ALARM CONSOLE
ALARM DEVICE
ALARM INSTALLATION
ALARM SYSTEM
ANSI
DESIGNATED REPRESENTATIVE
DIAL ALARM
FALSE ALARM
LOCAL ALARM
MAYOR AND COUNCIL
NFPA
PERMITTEE
POLICE DEPARTMENT
REGISTRANT
UL
As used in this chapter, the following terms shall
have the meanings indicated:
The console or control panel of devices giving a visual or
audio response, or both, and located within the confines of the police
or communications department of the borough.
Any type of alarm system actuating equipment in the alarm
console providing warning of intrusion, fire, smoke, flood or other
peril.
Any alarm system or combination of systems installed for
one or more buildings at a location other than the alarm console.
Equipment or a device or an assembly of equipment and devices
designed to signal the presence of an emergency or a hazard requiring
urgent attention and to which the police or fire department may be
expected to respond. In this chapter, the term "alarm system" shall
include the terms "alarm devices," "local alarms," and "dial alarms,"
as those terms are herein defined.
The abbreviation for American National Standards Institute.
Any person designated by the Superintendent of Communications
and/or Communications Department to perform a function required or
permitted by the provisions of this chapter.
Any type of alarm system using telephone lines transmitting
an alarm directly through the police switchboard providing warning
of intrusion, fire, smoke, flood or other peril.
Any alarm or signal of an alarm system actuated by inadvertence,
negligence, intentional or unintentional act of a person other than
an intruder and including as well alarms caused by mechanical failure,
malfunctioning or improper installation of the alarm system and related
equipment, but not including alarms created by mechanical failure,
malfunctioning or improper installation of the alarm console, or telephone
lines over which the alarm user or alarm company has any control.
There is hereby created by the Mayor and Council a rebuttable presumption
that if in the investigation resulting from a fire alarm there is
no evidence of smoke or fire, then and in that event a false alarm
is presumed.
Any alarm system which when actuated produces a signal not
connected to the alarm console or the police switchboard, such as
store burglar alarms actuating bell devices, providing warning of
intrusion, fire, smoke, flood or other peril. The term "local alarm"
shall not include an alarm system on a motor vehicle, provided such
system is not interconnected with an alarm device, a dial alarm or
a local alarm. The term "local alarm" shall also not include any alarm
equipment designed to signal solely within the building (or series
of buildings, if owned by the same person) on which it is located
and which is not designed to emit signals visible or audible to persons
outside such building (or series of buildings).
The Mayor and Council of the Borough of Fort Lee.
The National Fire Protection Association.
Any person owning an alarm device who has obtained a permit
according to the provisions of this chapter.
The Fort Lee Police Department.
A person owning a local alarm or dial alarm who has registered
the local alarm or dial alarm according to the provisions of this
chapter.
The abbreviation for Underwriters Laboratories, Inc.
B.
When not inconsistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular number, and words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
A.
Any connection to the police alarm console shall be
of a type inspected and approved by the Chief of Police of the borough
or his designated representative and any person aggrieved by the decision
may appeal the decision in writing within 10 days to the Mayor and
Council of the borough.
B.
All alarm devices existing as of the date of the adoption
of this chapter (except dial alarms) may be connected hereunder to
the alarm console within 60 days after delivery and installation of
the alarm console with no connection fee.
C.
A connection fee of $50 and an annual retainer or
maintenance fee of $100 shall be charged to each subscriber to the
police alarm console, except, however, that no fee shall be charged
to the borough or the Board of Education of the Borough of Fort Lee
for annual charges or console connection charges for an existing or
future systems in public buildings.
D.
All alarms or alarm devices connected to equipment
in the Police Department or Communications Department of the borough
shall be disconnected within 60 days after delivery and installation
of the alarm console.[1]
[1]
Editor's Note: Former Subsection E, establishing yearly registration
fees, added 3-9-2000 by Ord. No. 2000-07, which immediately followed
this subsection, was repealed 10-11-2012 by Ord. No. 2012-28.
The borough shall be under no duty or obligation
to any permittee or to any registrant, the alarm console and allied
equipment being maintained at will and subject to termination at any
time by cancellation of the system by ordinance duly adopted by the
Mayor and Council of the borough.
A.
No person shall install or operate an alarm device
at any time after 60 days after August 30, 1978, without first having
obtained a permit as provided hereunder.
B.
An application for a permit under this chapter shall
be signed by an authorized representative of the applicant, shall
be made on forms furnished by the Police Chief or his designated representative
and shall contain at least the name of the applicant, the address
of the residence or businesses in or upon which the alarm device has
been or will be installed, telephone number of the applicant, the
type of device, the licensed alarm business or business selling, installing,
monitoring, inspecting, servicing, responding to and/or maintaining
the alarm device, and the name and telephone number of at least one
other person who can be reached at any time, day or night, and who
is authorized to respond to an alarm signal and who can open the premises
in which the system is installed; and other information as may be
required by the Mayor and Council or the Police Chief of the borough.
C.
Local alarms shall be registered within 60 days of
August 30, 1978, but no fee shall be charged therefor. The registration
shall set forth information similar to the information required on
an application for an alarm device permit.
D.
Any permit or registration granted hereunder shall
be accepted upon the express condition that the permittee or registrant
shall indemnify and hold the Borough of Fort Lee harmless for and
on account of any and all damages arising out of the activities of
the permittee or registrant or its alarm contractor and arising out
of the operation or failure to operate of the alarm system on the
permittee's or registrant's premises and arising out of the operation
or failure to operate of the police alarm console.
E.
For purposes of this chapter, every permittee is deemed
to be the proper party to accept service of process for any violation
arising out of this chapter. In the event of any change of ownership
or control of any alarm system, the new owner must, within 72 hours
of assuming ownership or control of an alarm system, complete an application
for a permit as required by this section.
A.
Within six months after August 30, 1978, all alarm
devices, local alarms and dial alarms installed in commercial or public
buildings shall utilize equipment and methods for installations substantially
equivalent to or exceeding the minimum applicable UL, ANSI or NFPA
standards or standards in the New Jersey Uniform Construction Code.
B.
Within six months after August 30, 1978, all alarm
devices, local alarms and dial alarms installed in one- or two-family
residences shall utilize equipment which shall be installed in a safe,
reliable and workmanlike manner.
A.
Local alarms shall be registered in accordance with
the provisions of this chapter. In addition thereto, those persons
having local alarms shall be required to leave with the Police Department
the name of a person who can be reached in case of malfunction of
the equipment in order that the device can be temporarily disconnected;
in lieu thereof, this requirement can be fulfilled by leaving a sealed
key to the premises with the Borough Chief of Police, provided that
in so doing the owner is willing to release the borough and the Police
Department from any and all claims to damages or loss in connection
with the entry. In the event of a malfunction of the equipment and
no person can be located to secure the device then the owner shall
be liable to pay a penalty of $25. Notwithstanding the aforesaid,
in the event that police have to respond to a false alarm, the penalties
for false alarms prescribed in this chapter shall apply.
B.
For local alarms the owners shall pay to the borough
an annual fee of $10 to cover the cost of registration and maintenance
of records.
Dial alarm devices shall be permitted only under
the following conditions:
A.
All owners of dial alarms shall register same within 60 days of August 30, 1978, in the manner prescribed under § 126-4B for applications for alarm device permits.
B.
No dial alarm devices shall be finally registered
until a test alarm has been made by the owner in conjunction with
the Chief of Police or his designated representative.
C.
No dial alarms shall be permitted unless they are of a type approved by the Chief of Police in accordance with the rules promulgated under § 126-11. Any such equipment shall have the approval of the New Jersey Bell Telephone Company or its successor.
D.
All dial alarms shall be coded to dial the general
police emergency number.
E.
Any dial alarm device shall be coded as well to notify
a relative, neighbor, or other third party who will be disclosed in
the registration of the equipment as required by this chapter, and
who is authorized to respond to the emergency message and open the
premises on which the dial alarm is installed.
F.
All dial alarms shall be capable of being disconnected
to enable the owner or authorized representative of the owner to call
the police switchboard to indicate that a false alarm has occurred.
G.
For dial alarm devices, the owners shall pay to the
borough an annual fee of $25 to cover the cost of registration and
testing, along with ancillary tape devices at the police desk necessitated
by these systems.
H.
Owners of dial alarm devices shall be governed by
the false alarm procedures and penalties set forth in this chapter.
I.
In the event that any person has a dial alarm device
in existence on August 30, 1978, he shall have 30 days in which to
pay the annual fee. Any person not so complying shall be liable to
a penalty payable to the Borough of Fort Lee in the amount of $50.
J.
The contents of any recorded message from a dial alarm
device shall be intelligible and in a format approved by the Chief
of Police, shall state the location and nature of the alarm conditions
and shall not exceed 15 seconds in length.
K.
Upon a single stimulus, the dial alarm may place two
separate calls to the general police emergency number. No such message
shall be transmitted more than two times as a result of a single stimulus
of the mechanism. There must be at least three minutes between the
completion of the first call and initiation of the second, and the
second call shall be clearly identified as the second call. After
the second call, the device shall automatically disconnect itself.
L.
The time gap between acknowledgment of the call at
the police switchboard and delivery of the recorded message shall
not exceed five seconds.
A.
Every alarm business selling or leasing to any person
a dial alarm which is installed on such person's premises in the borough
after August 30, 1978, shall furnish that person with instructions
that provide adequate information to enable persons using such device
to operate it properly, and if the device is to be serviced or maintained
by another alarm business, shall furnish such other alarm business
with a manual or other information necessary to enable it to service
or properly maintain such device.
B.
If the Police Chief, or his designated representative,
determines that such information is incomplete, unclear or inadequate,
he may require the alarm business to revise the information to meet
his approval, and then to distribute the revised information to persons
who have such devices installed as well as to persons subsequently
having such devices installed.
C.
Every alarm business selling or leasing to any person
a dial alarm which is installed on such person's premises in the borough
after August 30, 1978, shall provide or make available at all times
service to repair such device should it malfunction and shall furnish
to the person buying or leasing such device written information concerning
how service may be obtained at any time, including the telephone number
to call for service.
D.
Any information required to be distributed under this
chapter shall also be filed with the Police Chief or his designated
representative.
A.
All fire alarm systems shall be installed in accordance
with the fire prevention laws of the borough or higher authority and
with approval of the Fire Marshal.
B.
Any permittee, utilizing the services of an alarm
business, connected to the alarm console shall provide for a representative
of the alarm business to be on call at all times and such service
shall be provided within eight hours of notification by the Police
Department and any malfunctions of any equipment.
C.
Any unauthorized equipment may be disconnected by
the Chief of Police or his designated representative 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 the equipment is in operation shall be considered a
separate violation. Any permittee, by acceptance of the permit, and
any registrant shall be deemed as having consented to inspection of
the premises on which the alarm devices, local alarms or dial alarms
are installed at reasonable hours by the Chief of Police or his designated
representative.
D.
It shall be unlawful for an alarm device, dial alarm
or local alarm to ring or put forth any other sound for a period in
excess of 30 minutes. Any violation of this requirement shall be punishable
by a fine of not more than $50 for each violation.
E.
Any person testing or performing cleaning, repair or maintenance work on any alarm covered under this chapter shall notify the Communications Department of the borough, in writing, prior to any such work being performed. Failure to do so shall subject such person, as well as the permittee, to the penalties set forth in Chapter 1, Art. III, § 1-17.
F.
The sensory mechanism of alarm devices, local alarms
and dial alarms shall be adjusted so as to suppress false indications
and not to be actuated by impulses due to pressure changes in water
pipes, short flashes of light, wind, noises, rattling or vibration
at doors or windows or other forces unrelated to general alarms.
G.
All components of alarm equipment must be maintained
by the owner in good repair and when evidence exists that there has
been failure to comply with the operational requirements of this chapter,
the Chief of Police is then authorized to demand that such device
be disconnected until such time as compliance with current requirements
is reestablished.
H.
When an alarm business' service to its subscribers
is disrupted for any reason by the alarm business, or the alarm business
becomes aware of such disruption, it shall promptly notify its subscriber
by telephone that protection is no longer being provided. If, however,
the alarm business has written instructions from its subscriber not
to make such notification by telephone during certain hours, the alarm
business may comply with such instructions.
I.
In addition to any other information that may be required
to be supplied by the provisions of this chapter, the Police Chief
or his designated representative may require an alarm business to
furnish him with certain statistical data which may be reasonably
available relative to specified periods of operation after August
30, 1978.
J.
In addition to the normal power supply, alarm devices,
local alarms and dial alarms shall have an independent battery, of
equal voltage to the normal power supply, which is kept fully charged
and shall be capable of switching from one power supply to the other
automatically.
K.
All fees required by this chapter shall be due and
payable on January 1 of any calendar year. All fees required by this
chapter shall be paid to the Borough Clerk.
[Amended 3-9-2000 by Ord. No. 2000-07]
A.
In the case of a false alarm, any person having knowledge thereof shall immediately notify the Fire Department in a manner to be prescribed by rules and regulations in accordance with § 126-11. In addition, in the case of false alarms, the Fire Department shall cause an investigation to be made and keep a record of the alarms for file.
B.
Any permittee, person or entity who owns or controls
an alarm system, which alarm system is actuated as a false alarm,
shall be subject to the following fines:
C.
Where the investigation of the Fire Department discloses
continued abuse of the privilege of connection to the alarm console
or a disregard of the permittee for taking remedial steps to avoid
false alarms, the Mayor and Council reserves the right to require
disconnection from the alarm console for a limited or permanent time,
provided that no such permit shall be revoked or suspended without
giving the permittee an opportunity to show cause before the Mayor
and Council as to why such action should not be taken.
The Chief of Police may promulgate rules and
regulations supplementing this chapter in order to provide for recordkeeping,
efficient management and administration of the system; provided, however,
that the Mayor and Council shall first approve the rules or any changes
thereto.
Any person, firm or corporation found guilty in the Municipal Court of the borough for violation of the terms of this chapter shall be subject to a fine as stated in Chapter 1, Art. III, § 1-17; provided, however, that any violation of this chapter for which a fine or penalty has been provided in another section shall be subject to the fine or penalty provided in the section and this section shall not apply.
[Added 3-9-2000 by Ord. No. 2000-07]
Any registration fee, penalty to pay an annual
fee or fine imposed by this chapter, or by any court of competent
jurisdiction, for a violation of this chapter which remains unpaid
for more than 30 days shall be come a lien on the property at which
the alarm is located. The fact that a tenant or other temporary lessee
may have been the cause of the violation and the fine is of no consequence,
inasmuch as the Mayor and Council finds that the record owner of the
property is ultimately responsible for compliance with borough ordinances.
The Borough Treasurer, upon notification from the Mayor and Council
(after appropriate certification from the enforcement officer) shall
place a lien in the amount of the fine imposed by the court. The lien
placed upon such land(s) shall be added to and become and form a part
of the taxes next to be assessed and levied upon said land(s), the
same to bear interest at the same rate as taxes and shall be collected
and enforced by the same officers and in the same manner as are taxes.
