[HISTORY: Adopted by the Township Committee
of the Township of Hamilton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-19-1991 by Ord. No. 1062-91[1]]
[1]
Editor's Note: This ordinance repealed former
Art. I, Master Alarm Panel Franchise, adopted 7-2-1973 by Ord. No.
438-73, amended in its entirety 3-19-1979 by Ord. No. 734-79.
As used in this article, the following terms
shall have the meanings indicated:
Any device, such as a bell, siren, whistle, horn, gong or
Klaxon, employed to call attention to or provide warning of intrusion
by any person or by fire, smoke, flood or other peril, whether the
same provides a visual or audio response, alarm or warning, if such
warning is capable of being heard or received at any point beyond
the interior walls of the house, apartment, office, store, industrial
building or other structure in or on which the alarm system has been
placed.
That type of automatic telephone dialing service using the
telephone system to transmit an alarm of intrusion, fire, smoke, flood
or other peril to the Police Department or any third party.
Any alarm device which, when actuated, produces an audible
signal to give a warning of intrusion, fire, smoke, flood or other
peril.
Any individual, person, firm, association, partnership, corporation,
joint venture, society, club, trustee, trust or incorporated activity.
Any person owning, operating, leasing or maintaining an alarm
system within the scope of this article who has been issued
a registration certificate to operate and maintain such alarm system.
A.
Any person who desires to own, operate, lease or maintain
an alarm system in the Township of Hamilton shall file a registration
application on the form provided by the Township of Hamilton Police
Department. The application shall contain the location of the alarm
system, the installer's name and address, the monitoring company's
name, address and phone number, the type of device, information relating
to false alarms and testing procedures, a list of the names, addresses
and telephone numbers of persons to be contacted in the event of an
alarm, at least one of whom shall have an address and phone number
different than the registrant's, and such other necessary information
as may be required by the Police Department. All out-of-state monitoring
companies shall be required to provide an 800 number as part of the
registration application. It shall be the registrant's obligation
to file a written amendment with the Police Department within 10 days,
indicative of any changes contained in his present registration application.
B.
The Police Department shall issue a registration certificate
for the ownership, operation or maintenance of an alarm system to
any person desiring to own, operate, lease or maintain an alarm system
if the Police Department is satisfied that the registration information
is complete and that the alarm system is capable of being operated
in conformance with this article. The registration certificate may
be granted subject to any special conditions stated thereon, if this
is deemed necessary by the Police Department.
C.
A registration certificate shall be valid for as long
as the registrant occupies the premises for which the certificate
has been issued, provided that all required amendments thereto have
been filed. A registration certificate shall automatically terminate
upon a change in occupancy for the premises for which the certificate
was issued.
D.
The Township of Hamilton shall not charge any fee
to any person filing a registration application or an amendment thereto.
All monitoring companies shall keep and maintain
monitoring records of all alarms called to the Hamilton Township Police
Department and make these records available, on a forthwith basis,
upon written request by the Hamilton Township Police Department. All
records shall be kept for a minimum of 18 months from the date of
the call.
The provisions of this article shall apply to
any person who owns, operates, leases or maintains any alarm system
situate in the Township of Hamilton if the alarm system has an audible
signaling device or a device which requires a response by the Police
Department, the Fire Department, the First Aid Squad or other township
agency. The provisions of this article shall in no way prohibit service
by a private source to persons within or without the township, so
long as such activity is not in violation of this article; and provided,
further, that any person owning, operating, leasing or maintaining
a premises protected by an alarm system shall be responsible for the
registration thereof in accordance with this article.
[Amended 10-4-1999 by Ord. No. 1352-1999]
All components of an alarm system shall be maintained
in good repair and shall operate in a proper manner. When evidence
exists that there has been failure to comply with the maintenance
and operation requirements of this article, the Police Department
shall then be authorized to demand that such alarm system be disconnected
until such time as compliance with the provisions of this article
has been established. The Police Department shall have the right to
disconnect any malfunctioning equipment from any alarm system until
such time as the malfunction has been corrected and the alarm system
is operating in accordance with the provisions of this article. Any
disconnection or interruption of fire alarm system(s) protection must
be with the approval of the Fire Official or designee in compliance
with the New Jersey Uniform Fire Code.
All audible signaling devices shall be equipped
with a timing device to limit the sounding of the signaling device
to 15 minutes or less.
It shall be the obligation of the monitoring
company to direct all calls directly to the Hamilton Township Police
Department. The company shall refrain from utilizing the 911 number
for that purpose.
The Police Department shall have the authority
to promulgate written rules and regulations and incorporate recommendations
proposed by the Fire Department, the First Aid Squad or other township
agencies, subject to the approval by a resolution adopted by the Mayor
and Committee of the Township of Hamilton, which rules and regulations
shall supplement this article and provide for recordkeeping and the
efficient operation and management of alarm systems in the Township
of Hamilton.
A.
In the case of a false alarm or of improper maintenance or operation of an alarm system, any person having knowledge thereof shall immediately notify the Police Department. The Police Department shall cause an investigation to be made of all false alarms and of all improper maintenance or operation of alarm systems and shall keep a record of such false alarms on file. Pursuant to this article, the owner of the property from which a false alarm emanates is presumed to be responsible for any false alarms. The penalties for the causing of said false alarms are established in accordance with § 99-25 of this chapter.
[Amended 2-6-1995 by Ord. No. 1194-95[1]]
B.
Where the investigation of the Police Department discloses
a continued disregard by the owner for taking remedial steps for avoiding
false alarms or for continued failure to maintain or operate an alarm
system, the Police Department shall have the right to require disconnection
of the alarm system for a limited or permanent time, giving the owner
an opportunity to show cause to the Police Department why such action
should not be taken. A person aggrieved by the decision of the Police
Department shall have the right to appeal said decision to the Mayor
and Township Committee within 10 days of the decision.
C.
Any unauthorized equipment pertaining to an alarm
system may be ordered to be disconnected by the Police Department
for noncompliance with this article. Any placing, installing or maintaining
of unauthorized equipment or failing to file a required registration
application or amendment thereto shall be a violation of this article
and shall be subject to a fine not to exceed $50, which shall be paid
to the township. Each and every day that such equipment is installed
or maintained shall be considered a separate violation. Any person
placing, installing or maintaining any alarm system shall be deemed
as having consented to inspection of the premises on which said alarm
system is installed or maintained, at reasonable hours by the Police
Department.
D.
Any act of God (i.e., flood, hurricane, earthquake,
etc.) which affects the operation and performance of an approved alarm
system shall not, after such determination by the Police Department,
subject the owner, operator, lessee or maintainer to any fine or penalty
as herein prescribed in this article.
Within 120 days from the effective date of this
article, all existing alarm systems presently connected to the master
alarm panel in the Township of Hamilton Communications Department
shall be disconnected therefrom at the sole expense of the property
owner. However, this period shall be extended upon written proof being
submitted as to the existence of any contract between a consumer and
the present franchisee (ADT) and to the extent that if any such contract
existed prior to the introduction of this article, its term shall
be honored, after which the disconnection shall take place at the
sole expense of the property owner. Proof of the existence of the
aforementioned contracts shall be submitted to the Solicitor for the
Township of Hamilton within 60 days of adoption of this article. Notwithstanding
the aforementioned, the township shall not be required to permit connection
to the master alarm panel at such time as the communications equipment
is relocated to the contemplated new Township Municipal Building.
Except as the same may be clearly inconsistent
herewith, this article shall not be deemed to repeal any ordinance,
rule or regulation which regulates any activity in the Township of
Hamilton.
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties set forth in § 99-9 above in the discretion of the Judge of the Township of Hamilton Municipal Court.
[Adopted 2-16-1988 by Ord. No. 964-88]
This article shall be known as the "Township
of Hamilton Police and Fire Alarm Ordinance."
All police or other alarms in the Township of
Hamilton shall comply with this article.
As used in this article, the following terms
shall have the meanings indicated:
Any burglary, fire or other alarm causing direct notification
to the Township of Hamilton Communications Department, caused by misuse,
accidental activation, inadvertence, negligence, lack of proper maintenance
or any unintentional act of someone other than an intruder or by malfunctions
of the alarm device or other relevant and related equipment, to which
police and/or firemen respond, which is not the result of a fire or
burglary or attempted burglary.
No automatic protection devices installed after
the effective date of this article shall be keyed to a primary or
secondary phone line of the Township of Hamilton Communications Department.
Automatic protection devices that utilize voice
recordings are prohibited from being keyed to any primary, secondary,
direct, leased or designated trunk lines at the Township of Hamilton
Communications Department.
Automatic protection devices that use the services
of intermediaries (live voice central dispatch) are prohibited from
using any primary or secondary phone lines at the Township of Hamilton
Communications Department. The purpose of this section is to have
all alarms of whatever nature, connected to the master alarm panel
situated at the police building within the Communications Department.
All persons who desire alarm service from the Hamilton Township Communications
Department must make application and receive a permit to be connected
to the master alarm panel.
All owners or lessees must equip audible alarms
with a timing mechanism that will disengage the audible alarm after
a maximum period of 15 minutes. Audible alarms without such timing
mechanisms shall be unlawful in the Township of Hamilton.
The Communications Department shall maintain
a log as to each owner or lessee and record therein the date and time
of the alarm, the nature thereof, the department responding and the
end result of the investigation by the Police Department or Fire Department
responding.
All existing alarm systems of the type covered
by this article shall be allowed to continue until replaced or removed.
[Amended 11-19-2013 by Ord. No. 1757-2013]
Any person, corporation, partnership or other
entity who owns or controls a fire, burglar or other similar alarm
or device in the Township of Hamilton which causes three false alarms
in a calendar year shall be deemed in violation of the provisions
of this article for each false alarm thereafter.
No person shall conduct any test or demonstration
of any alarm without first having obtained approval from the Township
of Hamilton Communications Department.
Owners and lessees of existing and future installations
of audible alarms shall provide, on a form prescribed by the Chief
Dispatcher, a list of two names of persons to be contacted in the
event of activation of said alarm. The owner or lessee shall keep
the list updated and notify the Chief Dispatcher or his designee within
three days of any change.
A.
False alarms. Any person, corporation, partnership or entity violating § 99-2 of this article for a first offense (fourth false alarm in a calendar year) shall pay a fine of $100; for a second offense (fifth false alarm in one calendar year) shall pay a fine of $200; for a third and subsequent offense (sixth false alarm) shall pay a fine of not less than $300 nor more than $500. Penalties for a first and second violation may be paid through the Violations Bureau of the Municipal Court.
[Amended 11-19-2013 by Ord. No. 1757-2013]
B.
All others. Any person, corporation, partnership or
entity violating any other provisions of this article shall, upon
conviction, pay a fine of not less than $200 nor more than $500 or
be imprisoned in the county jail for a term not to exceed 30 days,
or both.
C.
Continuing offense. Upon conviction, a violator shall
have seven days to either remove the alarm or bring it into compliance
with this article. Failure to do so shall constitute a new and subsequent
offense.
D.
Jurisdiction. The Municipal Court of the Township
of Hamilton shall have jurisdiction over this article.
