[HISTORY: Derived from Section 4-3 of the 1972 Revised General Ordinances, as amended through 10-1-1998. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 22.
Police Department — See Ch. 41.
Building construction — See Ch. 62.
Fees — See Ch. 88.
Fire prevention — See Ch. 94.
Housing — See Ch. 104.
The purpose of this article is to establish standards and regulations concerning the installation, operation and maintenance of certain alarm systems within the Township of Hardyston.
As used in this chapter, the following terms shall have the meanings indicated:
ALARM SYSTEM
Any device 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. Notwithstanding anything to the contrary in this article, the term "alarm system" shall not include self-contained battery or electrically powered smoke detector or carbon monoxide detector units located within single-family residences and which give out an audible signal. The term "alarm system" shall also not include automobile alarm systems.
CENTRAL ALARM STATION
An alarm system that transmits the alarm to an alarm processing center which then calls to dispatch the Police and/or Fire Department.
DIAL ALARM
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 other third party.
FALSE ALARM
Any alarm or signal of an alarm reported through a central alarm station or through a dial alarm system which has been actuated by inadvertence, negligence, intentional or unintentional act of person other than an intruder, and including alarms caused by mechanical failure, malfunction or improper installation of the alarm system and related equipment. False alarms shall not include activation caused by power or phone line interruptions, where such interruptions have been reported to the Police Department.
PERSON
Any individual, person, firm, association, partnership, corporation, organization or club.
REGISTRANT
Any person who operates, owns or leases an alarm system within the scope of this article, who has been issued a registration permit to operate and maintain such alarm system.
The provisions of this article shall apply to any person who owns, operates, leases or maintains any dial alarm system or alarm system utilizing a central alarm station which requires a response by the Police Department, Fire Department, first aid squad or any 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.
A. 
Registration shall be required for each home or business within the Township utilizing a dial system or an alarm utilizing the services of a central alarm on the effective date of this article. Users of systems in place on that date shall complete the required registration form within 30 days of notice by the Hardyston Township Police Department. A registration permit shall automatically terminate upon a change of occupancy for the premises for which the alarm has been registered. Notwithstanding anything to the contrary in this article, no more than one registration shall be required per home or business at any single location.
B. 
Registration form.
(1) 
Persons required to register their alarm systems shall complete and file with the Chief of Police a registration form, which may be obtained from the Police Department and shall correctly contain the following information:
(a) 
The full name of the applicant, his or her address, including an address description which will permit the appropriate municipal department to respond.
(b) 
The common name of the alarm premises.
(c) 
The name and address of the person installing, maintaining and/or owning the system.
(d) 
The name and address of the person(s) monitoring and initially responding to an activation of the alarm system and the telephone number for such persons.
(e) 
The names and addresses of two persons to be contacted in case of alarm and/or malfunction.
(2) 
A copy of each registration form, after completion, shall be filed with the Police Department.
C. 
A registration fee as set from time to time by resolution of the Township Council shall be submitted with each registration form or revised registration form.[1] Registration shall be submitted within 30 days of system installation.
[1]
Editor's Note: See Ch. 88, Fees.
D. 
If there has occurred any material change in the information previously submitted with respect to any alarm system by the alarm user, it shall be the duty of the alarm user, within 10 days of such material change, to file a revised registration continuing current information.
E. 
The Police Department shall issue a registration permit to any person submitting a completed registration form and the attendant fee.
F. 
Any permit granted hereunder shall be accepted under the express condition that the registrant shall indemnify and hold the Township harmless from, and on account of, any and all damages arising out of the activities of the registrant and its alarm contractor.
[Amended 4-18-2000 by Ord. No. 2000-7]
False alarms shall be considered a violation of the provisions of this article. In case of false alarm, 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 shall keep a record of such false alarms on file. The Police Department shall issue written warnings for the first four false alarms on any registered system occurring within the same calendar year. Subsequent false alarms shall be subject to the penalties provided for below.
[Amended 4-18-2000 by Ord. No. 2000-7]
Any person who shall violate any of the terms or provisions of this article or who shall commit or do any act or thing prohibited by this article shall, upon conviction thereof, be punished in accordance with Chapter 1, Article I, provided that minimum fines shall be established as follows:
A. 
Failure to register: $50.
B. 
False alarms. The holder of any registration permit, except in the case of a permit issued for a publicly owned building, shall be assessed a penalty for each false alarm in excess of four occurring in any one calendar year. The penalties shall be assessed as follows:
[Amended 5-20-2008 by Ord. No. 2008-04]
(1) 
Fifth false alarm in the same calendar year: $100.
(2) 
Sixth false alarm in the same calendar year: $200.
(3) 
Seventh false alarm in the same calendar year: $300.
(4) 
Eighth false alarm in the same calendar year: $400.
(5) 
All subsequent false alarms in the same calendar year: $500.
[Added 5-20-2008 by Ord. No. 2008-04]
A. 
All alarm devices shall be installed in accordance with all applicable municipal and governmental laws, ordinances and requirements.
B. 
Any unauthorized equipment may be disconnected by the Chief of Police or his designated representative for noncompliance with this article; any person installing, maintaining or using unauthorized equipment shall be prosecuted for violation of this article; and each and every day said equipment is in use shall be considered a separate violation.
C. 
A registrant or his representative shall respond to the source of a signal or transmission from an alarm device as promptly as possible after the activation of such device and shall contact the Police or Fire Department dispatched to the scene. He shall relieve the police or fireman in charge whenever there is no apparent fire or criminal activity at the scene of the alarm.
D. 
Any registrant shall be deemed to have consented to inspection of the premises on which said alarm device is installed, at reasonable hours, by the Police or Fire Chief or his designated representative. This provision shall not be construed to impose a duty on the municipality to make inspections or to relieve the alarm owner from inspecting, testing and maintaining his own alarm device(s).
E. 
All costs and recurring charges incurred in the installation and maintenance of alarm systems shall be borne by the registrant.
F. 
All private alarm systems shall be maintained in good working order by the registrant and, in particular, in a manner so as to avoid the occurrence of false alarms. The occurrence of three false alarms in one calendar month or at least two false alarms in each of three consecutive calendar months shall constitute prima facie evidence that the system was not maintained in good working order.
[Added 5-20-2008 by Ord. No. 2008-04]
The Township of Hardyston and its various departments, agencies and officials shall be under no duty or obligation to any registrant or to any other person or persons with respect to the adequacy, operation, installation, repair or maintenance of the alarm console equipment and any allied or related equipment or services and assumes no liability in connection therewith. Upon issuance of a registration permit hereunder, the registration permit holder hereby agrees to hold and save harmless the Township of Hardyston and its departments, agencies and officials from any liability or damages suffered as a result of or arising out of improper or faulty installation, operation or maintenance of any police or fire alarm system of the registrant or the improper or faulty installation, operation or maintenance of the alarm console at the Municipal Building. No action taken by the Township or the Township Police Department pursuant to the provisions of this section shall create any liability upon the Township or the Township Police Department by reason of any failure of any alarm system and any failure to respond to any emergency or any act of omission or commission relating to any alarm system.