Borough of New Providence, NJ Chapter 105 ALARM SYSTEMS

[HISTORY: Adopted by the Mayor and Council of the Borough of New Providence 8-22-1983 as Ord. No. 83-14 (Ch. 33 of the 1973 Code of Ordinances). Amendments noted where applicable.]

§ 105-1 Findings.

A. The Borough Council of the Borough of New Providence hereby finds and declares that:

(1) Alarm systems and devices to detect and report emergencies such as burglary and fire have been installed in numerous residential, commercial and industrial premises in the borough.

(2) Commercial alarm businesses have contracted with the owners and occupants of premises in the borough for the sale or leasing, installation, operation and maintenance of private alarm systems, which contracts provide for the connection of the private alarm systems to central alarm panels in the borough police headquarters serving both the Fire and Police Departments; and other alarm businesses and property owners and occupants have installed other types of alarm systems.

(3) The Police Department and Fire Department have experienced numerous false alarms, which are a drain on manpower and a danger to those responding.

(4) Unless the various systems and devices of the many alarm businesses and individual property owners and occupants are uniformly regulated, there will be an unnecessary drain on the manpower, time, space facilities and finances of the borough and its Fire and Police Departments; deterioration of the quality of and inefficiency in the service to persons subscribing to the alarm services; and confusion or inequities among the alarm businesses and persons and businesses protected by these devices in the borough.

B. The public interest, therefore, requires the enactment of standards, procedures and regulations to control the use of private emergency alarm systems and devices in the borough.

§ 105-2 Purpose.

The purpose of this chapter is to establish standards and control for all types of intrusion, burglar, fire and other emergency alarm devices which are designed, directly or indirectly, to summon assistance from the Police Department, Fire Department or other municipal department, agency or official.

§ 105-3 Applicability; construal of provisions.

The provisions of this chapter shall apply to any person, other than municipal agencies and the New Providence Board of Education, who operates, maintains or owns any private alarm system or warning device designed to summon the Police Department, Fire Department or other borough agency to any location in response to the signal of any type of emergency alarm. This chapter shall not be construed to prohibit alarm companies from providing alarm services to other offices within or without the borough so long as such services are not connected to the central alarm panel at the police headquarters. No person shall have premises protected by a private alarm system or warning device unless the alarm system or warning device is registered in accordance with this chapter.

§ 105-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BOROUGH

The Borough of New Providence.

FALSE ALARM

An alarm activated deliberately or as a result of deficient, inoperable or negligent conditions for which no cause exists to summon municipal aid as intended. An alarm activated by utility services activities or unusual weather conditions shall not be considered a "false alarm."

FAULTY PRIVATE ALARM SYSTEM

A private alarm system which is not operating properly or in accordance with its stated purpose or from which has emanated one or more false alarms.

FAULTY WARNING DEVICE

A private warning device which is not operating properly or in accordance with its stated purpose or from which has emanated one or more false alarms.

PRIVATE ALARM SYSTEM

Any system installed to serve a residence, store, building or other facility and designed or used for detection of fire, smoke or similar hazards; the detection of unauthorized entry or of the commission of an unlawful act; or more than one of the foregoing, which system:

A. Is directly connected by telephone lease lines, radio waves, cable or any electrical means from a specific location to the Police Department command desk to provide a visual or auditory signal;

B. Automatically selects a telephone trunk line of the Police Department and then reproduces a prerecorded message; or

C. Automatically alerts a person beyond the limits of the property who is engaged in the business of relaying information by human, mechanical or electrical means to the Police Department.

TAPE DIALER SYSTEM

Any system which automatically selects a telephone trunk line and then reproduces a prerecorded message to a special police telephone rather than to the alarm panel.

WARNING DEVICE

Any device installed to serve a residence, store, building or other facility and designed to sound an alarm by a bell, horn, siren or other noise-making instrument located upon the property where the device is installed and audible beyond the limits of the property in the event of the presence of fire, smoke or similar hazards, unauthorized entry, the commission of an unlawful act or more than one of the foregoing.

YEAR

The twelve-month period commencing January 1.

§ 105-5 Permit required.

A. No person shall install, maintain, use or cause to be used any private alarm system within the borough unless a permit therefor has been issued by the Chief of Police of the borough in accordance with the provisions of this chapter.

B. No person shall use a private alarm system during any period when the permit therefor has expired or is suspended.

§ 105-6 Application for permit; permit conditions.

A. Any person desiring to use a private alarm system upon improved property owned or occupied by such person shall submit a written application to the Chief of Police for a permit for such system. The application shall be on a form to be furnished by the Chief of Police, which shall require the following information over the signature of the applicant:

(1) The name, address and telephone number of the applicant.

(2) The location of the property to be served.

(3) The name, address and telephone number of the company which will furnish and maintain the private alarm system.

(4) The name and telephone number of a person to be notified of a faulty private alarm system at any time when no one is present on the property served by the system.

B. All permits as may be granted hereunder shall be accepted upon the express condition that:

(1) The permittee shall defend, indemnify and save harmless the municipality and its authorized officials, agents and employees from and against any and all damages, costs, expenses and liabilities arising out of the acts or failure to act of the municipality, the alarm console licensee, the permittee and the alarm contractor or any one or more of them or arising out of any defects, deficiencies or inadequacies in any alarm device or devices for which a permit has been granted or in any installation, monitoring or maintenance thereof or by reason of any malfunction or defect in the operation or maintenance of the alarm console.

(2) The permittee shall comply with all other provisions of this chapter.

§ 105-7 Fees.

A. At the time an application is submitted to the Chief of Police for a permit for a private alarm system which is directly connected by telephone lease lines from a specific location to the Borough Police Department command desk to provide a visual or audio signal, an initial fee of $60 shall be paid to the borough for the year in which the initial permit is issued.

B. At the time an application is submitted to the Chief of Police for a permit for a private alarm system which either automatically selects a telephone trunk line of the Borough Police Department and then reproduces a prerecorded message or automatically alerts a person beyond the limits of the property who is engaged in the business of relaying information by human or mechanical means to the Borough Police Department, an initial fee of $10 shall be paid to the borough for the year in which the initial permit is issued.

C. The aforesaid fees shall not be prorated by reason of the date upon which an application is filed, but said fee shall be refunded to the applicant in the event that a permit is not issued.

§ 105-8 Alarm panel licenses.

A. There is hereby established an alarm panel license, which shall be granted upon recommendation of the Borough Council in accordance with § 105-9.

B. Except for use by the New Providence Police Department, the borough, the Board of Education and their subdivisions, the licensee shall have exclusive use and control of the alarm panel in the communications console in the police headquarters as provided in the specifications for the alarm panel. The licensee shall be responsible, at no cost to the Borough of New Providence, for the furnishing, installing, operating and maintaining of the alarm panel which shall contain the equipment approved by the new Providence Borough Council. The licensee shall, at no cost to the borough, locate said panel and, if necessary, relocate said panel under the supervision of the Chief of the New Providence Police Department or his designee.

§ 105-9 Issuance of alarm panel license.

A. Specifications. The Chief of Police of the New Providence Police Department shall prepare written specifications covering the alarm panel.

B. Qualifications. Persons desiring to bid for said license shall complete and submit the qualifications questionnaire attached to the bid proposal. Proposals that are not accompanied by a completed qualifications questionnaire shall be rejected. The questionnaire shall include the following information concerning the bidder's ability to comply with the requirements of this chapter and the Local Public Contracts Law:

(1) Financial and personal references.

(2) The location of the bidder's office or service facility in the borough or at a location nearby which will permit the licensee or his representative to reach the Police Department with service personnel in less than one hour after notification by the Police Department.

(3) The personnel available to service said equipment on a twenty-four-hour basis.

(4) A list of the equipment conforming to the bid specifications.

C. Advertisement for bids. Upon adoption of this chapter and thereafter, when any existing license is about to expire, the Borough Council shall authorize the Borough Clerk to publish an advertisement inviting sealed proposals for the installation, operation and maintenance of the alarm panel in accordance with the provisions of this chapter and of the specifications.

D. Submission of proposals. The proposals shall be in the form prescribed by the specifications and shall include but not be limited to the following:

(1) A description of the alarm panel to be installed.

(2) A guaranty that the licensee will complete the installation and have it in working order on or before the date stated in the specifications.

(3) A deposit of $10,000 in cash or by certified or cashier's check or by approved bid bond to guarantee installation in good working order within the specified time or, in default thereof, to reimburse the borough for damages incurred, including expense of maintenance of any temporary alarm system the borough deems necessary.

(4) A certificate of consent of a surety company licensed to transact business in the State of New Jersey to issue a ten-thousand-dollar noncancelable performance bond to guarantee performance of the contract by the successful bidder during the term of the license.

(5) A certificate by an insurance company licensed to transact business in the State of New Jersey agreeing to issue an annual noncancelable comprehensive general liability insurance policy, including contractual and products liability, in the minimum amount of $300,000 per person and $500,000 for property damage.

(6) Workmen's compensation and employer's liability insurance covering all persons employed by the licensee. The licensee shall also cause any of its subcontractors to provide and maintain workmen's compensation and employer's liability insurance covering all persons employed by such subcontractors.

(7) The licensee shall at all times observe and comply with all federal, state and local laws, ordinances, statutes, regulations and orders that in any manner affect the installation, repair and operation of the alarm console system and shall defend, indemnify and save harmless the borough and all its various departments, agencies, officials and agents against any claims, liability or expenses arising out of or based upon the nonobservance of any of the foregoing.

(8) The amounts to be charged to permittees, but not in excess of an installation fee of $100 nor in excess of a monthly maintenance fee of $12 (the exact amounts to be determined through competitive bidding); except, however, that no fee shall be charged to the Borough of New Providence or the Board of Education of the Borough of New Providence for installation or monthly maintenance charges for any existing or future systems in public buildings and the sewer pumping stations and other public places, and provided further that any alarm system or warning devices installed by the alarm panel licensee in such public buildings and places shall be at wholesale cost, exclusive of labor charges.

E. Award of license. The Borough Council reserves the right to reject any and all bids, to waive informalities and technical defects therein and to award a license and contract to the person whose bid is most advantageous to both the permittees and the Borough of New Providence.

F. Remittance to borough. The contract shall provide that the licensee shall remit to the Borough of New Providence annually, not later than the 90th day after the anniversary date of the execution of the original contract, a sum equivalent to 15% of the gross revenues payable to the licensee by permittees in the Borough of New Providence, inclusive of the amounts, if any, payable to the licensee for business conducted as a permittee. The contract shall further provide that the books and accounts of the licensee shall be open to inspection by the Borough Treasurer, Borough Auditor or other duly designated representatives of the borough for the purpose of verifying the amount due to the borough under this provision.

G. Term of license. The licensee's obligation to maintain and operate the alarm panel shall continue until the expiration date or earlier termination of the license, at which time the licensee shall cooperate in the transfer of the operation to the successor licensee so that there will be no interruption in the protection of the permittees. Except for prior revocation upon 60 days' written notice by the Police Chief, in the event of default by the licensee or in the event that the borough cancels the license as provided herein, the term of the license shall be for a period of three years.

H. Indemnification of borough. The licensee shall assume all liability and shall agree to indemnify and save harmless the Borough of New Providence and its officers, agents and employees for or on account of any acts or omissions directly or indirectly related to the installation, operation or maintenance of the alarm panel.

I. Disconnections from panel. The licensee shall notify the Chief of Police or his authorized representatives, in writing, 10 days prior to disconnecting any private alarm system from the alarm panel.

J. Installation of annunciator panel. The licensee shall install an annunciator panel having a minimum of 999 zones, which panel shall be approved by the Underwriters Laboratories, Inc.

K. Renewal of license. Renewals of the license or award of new licenses after expiration, revocation or cancellation shall be accomplished by following the procedure of this section.

L. Revocation and cancellation.

(1) The Chief of Police shall have the right to revoke the license of any licensee upon 60 days' written notice to said licensee if, in his opinion, said licensee has failed to operate or maintain the alarm panel in the best interest of the Borough of New Providence or the permittees. Grounds for such revocation shall include but not be limited to the following: failure to properly maintain the panel, failure to provide adequate service to the panel, excessive breakdown or malfunction of the panel, failure to install the panel within the time required in the specifications, failure to remit moneys due the borough, insolvency, bankruptcy, excessive complaints from permittees about the panel operation and failure to provide continuing insurance coverage. The licensee shall have the right to contest such revocation in a hearing before the Borough Council within 30 days of the notice of such revocation, and the decision of the Borough shall be final.

(2) The Borough Council shall have the power to cancel the license at any time by repealing the ordinance or by amending the same to require a different type of alarm panel or alarm system.

M. Suspension. The Borough Council may, at any time and without advance notice, suspend any issued license when it shall appear to it that to do so would be necessary in the best interests of the municipality. The suspension shall be effective for such period of time as may be required for the municipality to investigate the matter. The municipality may request another individual or firm to service the alarm console during the period of suspension, and the cost thereof shall be paid by the licensee. The licensee may continue to collect all usual fees during any period of suspension but not for any period following termination.

N. Selection of alarm console licensee. the licensee for the alarm console in the municipal building shall be selected in the following manner:

(1) Any individual or firm which desires to become the licensee of the alarm console of the municipality under the provisions of this chapter shall complete and file an application therefor with the Borough Clerk on forms supplied by that office. The application shall be filed no later than the date specified for filing in the public advertisement therefor or as posted on the bulletin board in the Lincoln Municipal Complex.

(2) Applications for licenses shall be accepted for a reasonable period of time as fixed by the Borough Council immediately preceding the expiration of the then-current license, or in the event of termination of a license prior to its natural expiration date, applications shall be accepted at any time after the mailing of the notice of termination to the current licensee.

(3) The application shall require satisfactory proof of financial ability to perform, experience, service capability, past performance, proposed charges and fees to subscribers and such other information as may be required by the Borough Council.

(4) The Borough Council or its duly authorized agent may interview one or more applicants for the license but shall not be required to do so.

(5) The license shall be awarded to the individual or firm which the Borough Council shall determine, in its sole judgment, to be the most advantageous and in the best interests of the municipality, and the determination of the Borough Council shall be conclusive. The Borough Council shall take into consideration in making its determination the following:

(a) The financial ability of the applicant.

(b) The applicant's prior experience, especially with other municipal and governmental bodies.

(c) The applicant's service capability on a twenty-four-hour basis and the availability of a local service representative.

(d) The proximity of the applicant's office to the municipal building as bearing on service and repair availability.

(e) The applicant's past performance in this or other municipalities.

(f) Proposed fees and charges to subscribers.

(g) Such other factors as the Borough Council shall deem relevant to selecting the applicant which will be in the best interests of the municipality.

(6) The Borough Council, if it determines it to be in the best interests of the municipality, may grant a license to expire on December 31 of the then-current calendar year rather than for a full three-year term. The grant of license for this abbreviated term shall be with the consent of the proposed licensee and subject to all other applicable provisions of this chapter.

§ 105-10 Alarm installer licenses.

A. License required. No natural person shall install, monitor, respond to, connect, maintain, repair, service, arrange, adjust, replace, move or program any private alarm system, equipment or device designed to summon or notify the Police Department, Fire Department, neighbors or a private security service, and no person shall solicit for any of the above or sell or lease systems, equipment or devices for such purpose and intended to be installed in any building, place or premises in the Borough of New Providence without first having obtained the license for that purpose from the Police Chief. Such license shall be known as the "alarm installer's license." Such license shall be for a term of one year from the date of issue and shall be renewable annually and shall not be transferable.

B. To whom issued. Each applicant for an alarm installer's license must be at least 18 years of age, must be of good moral character and shall have satisfied all the other requirements of this chapter, including the payment of the required fee.

C. Application for license: form and content.

(1) All applications for an alarm installer's license shall be made in writing, in duplicate, to the Chief of Police on forms supplied by the Police Department, shall be signed by the applicant and shall contain the following information:

(a) The full name and present address and telephone number of the applicant, the residence of the applicant for the past year, his age, the number of his state driver's license, the details of any service in the armed forces, together with the date and nature of discharge therefrom, his social security number, date of birth, place of birth, sex, marital status, identity of physical characteristics and the recommendation of two residents of the state who have known the applicant for at least one year prior to the date of making such application.

(b) The licensed alarm business or business where the applicant is employed, and such employer shall endorse the application.

(c) A statement as to whether or not the applicant has been convicted of a crime in this or any other state and, if so, the nature of the offense, where convicted and the date of such conviction.

(2) Each application for an alarm installer's license shall be accompanied by two recent photographs of the applicant of a size one and one-half by one and one-half (1 1/2 x 1 1/2) inches. Each application shall be accompanied by the license fee required by this chapter.

D. Prerequisites. After completing and submitting the application as aforesaid, the following prerequisites shall be required before a license may be issued:

(1) Fingerprinting. Every applicant for an alarm installer's license shall be fingerprinted by the Police Department. Upon refusal of such applicant to be fingerprinted, the Police Chief shall refuse to license the applicant. In the event that a records check shows that such person has been convicted of a crime involving a sexual offense of any kind, larceny of any degree or any other crime equivalent to a crime of the third degree or greater under New Jersey law in this state or any other state or territory of the United States, the Police Chief shall refuse to issue an alarm installer's license to such person and shall revoke the same after a hearing upon the presentation of evidence of a prior or subsequent conviction of any such criminal offense.

(2) Compliance with all other provisions of this chapter.

E. Form and content of license. The license shall be in writing, numbered, in triplicate and signed by the Police Chief on a form provided by the borough and shall contain the following information: photograph supplied (on the original and one copy), name, address, alarm business, by whom employed and badge number. The license issued to the installer shall be in the form of a badge or identification tag.

F. By whom issued. An alarm installer's license or any renewal thereof shall be issued by the Police Chief only after compliance by the applicant with all the requirements of this chapter, including the payment of the required fee.

G. Where displayed. The badge or identification tag license, when issued to the installer, shall be kept on the person of the installer at all times when engaged in work in the borough. A copy shall be retained by the Police Chief. The other copy of the installer license (which shall not include a picture) shall be forwarded to the alarm business by whom the installer is employed and kept on file by the owner of such business.

H. Renewal of license.

(1) All applications for renewal of an alarm installer's license shall be in the same form as the initial application and filed with the Chief at least one month before the expiration date of the license being renewed.

(2) Photographs and fingerprinting shall not be required if already supplied.

I. Change of address or employment. After the issuance of such license, each licensee and the owner of the employing alarm business shall, within three days from the effective date of such change, notify the Police Chief, in writing, of any change of address from that given in the application for license or any change of employment.

J. Duty of Police Chief.

(1) Within 30 days after the filing of an application for a license, the Police Chief or his designated representative shall notify the applicant of his decision to approve or deny the application.

(2) No application shall be denied by the Police Chief unless he determines that the applicant has a record of criminal conviction of the nature set forth herein, has made a materially false statement in the application, has failed to comply with any other provisions of this chapter, has failed to pay the required fee or for other just cause. The reason for the denial shall be specified in the notification to the applicant.

K. Appeal of denial. If an applicant has been denied approval, the applicant may appeal the denial to the Mayor and Council of the Borough of New Providence by filing a letter, which shall constitute the notice of appeal, with the Borough Clerk within 10 days after receipt of the notice of denial. Said notice of appeal shall specify the grounds upon which the applicant relies in contending the denial was an error and shall have annexed to it the written denial from the Chief of Police. No hearing shall be held, but the Mayor and Council of the Borough of New Providence shall, within 30 days, review the letter notice of appeal and the denial notice and render a decision on said records. If the Mayor and Borough Council desire to review any other documents, they shall request the same in writing and shall notify both the denied applicant and the Chief of Police of said request.

L. Continuation of employment. Any person employed as an alarm installer as defined herein the Borough of New Providence on the effective date of this chapter may continue to be so employed while his application for a license is being processed but shall cease and desist from doing work upon receipt of a notice of denial of his application for a license. Such application shall be made within 30 days of the effective date of this chapter.

M. Indemnity. For any such license granted hereunder, the licensee shall assume all liability and agree to indemnify and save harmless the Borough of New Providence, its agents and employees and the Borough of New Providence Police Department from any liability in connection with the installation or operation of any alarm system installed by him.

N. Applicability. The provisions of this section shall not be applicable to the property owner or occupant who installs an alarm system in the property he owns or occupies.

§ 105-11 Alarm business licenses.

A. License required. No person shall engage in, solicit, manage, conduct, perform or carry on the business of installing, monitoring, responding to, connecting, maintaining, repairing, servicing, arranging, adjusting, replacing, moving or programming any private alarm system, equipment or device designed to summon or notify the Police Department, Fire Department, neighbors or a private security service, and no person shall sell or lease systems, equipment or devices for such purpose and intended to be installed in any building, place or premises in the Borough of New Providence without first having obtained a license for that purpose from the Police Chief. Such license shall be known as the "alarm business license." Such license shall be for a term of one year and shall be renewable annually on October 1 of each year and shall not be transferable.

B. To whom issued. Alarm business licenses shall be issued only to the following who have satisfied all requirements of this chapter:

(1) Individual citizens of the United States operating as a sole proprietorship or as a partnership who have been residents of the state for at least one year at the time of applying for the license and who are at least 18 years of age and of good moral character.

(2) Corporations incorporated or registered to do business in the State of New Jersey.

C. Application for license: form and content.

(1) Application for an alarm business license shall be made in writing, in duplicate, to the Chief of Police on forms supplied by the Police Department on or before September 1 in each year for approval by October 1 shall be accompanied by the license fee and processing fee required by this section and all other documents required by this section and shall contain the following information:

(a) The name, business address, home address, business telephone number, residence telephone number and age of an individual owner or of all partners and of the alarm business, if different; the trade name of the alarm business, if any; and if a corporation, the state of incorporation, name, trade name of the alarm business, if any, business address, business telephone number of the alarm business and of the officers, manager and stockholders of the corporation owning more than 10% of the stock of the corporation.

(b) The name, address and telephone number of the insurance agent and insurance company that will provide the required insurance coverage.

(c) The names of all current employees.

(d) For each vehicle to be used in the business, the name of the manufacturer, body type, year, serial number, color, bill of sale number, state registration number and license number.

(e) For each individual owner or partner and in cases where a corporation is the applicant, its president, manager and each stockholder holding 10% or more of the capital stock of such corporation, a statement whether or not such persons have been convicted of a crime and, if so, the nature of the offense, where convicted and the date of each such conviction.

(f) A description of services to be offered by the applicant if the license is granted.

(g) Such further information as may be required by the Police Chief from time to time.

(2) Each application for an alarm business license shall be accompanied by a certificate of insurance from a company licensed to do business in the State of New Jersey showing evidence of public liability insurance in the amount of at least $100,000.

(3) Each initial application hall be accompanied by a nonrefundable fee of $20 to cover the costs involved in processing the application and investigation of the applicant. No such fee shall be required for renewals of the license. This fee is in addition to the license fee required.

(4) Each application shall also be accompanied by the appropriate license fee, which shall be refundable if the license is not granted.

D. Prerequisites. After completing and submitting the application as aforesaid, the following prerequisites shall be required before a license may be issued:

(1) Fingerprinting. Every individual owner or partner and, in cases where a corporation is the applicant, its president, manager and each stockholder holding 10% or more of the capital stock of such corporation applying for an alarm business license shall be fingerprinted by the Police Department as a prerequisite to the approval and issuance of such license by the Chief of Police. In the event that a records check shows that any such person has been convicted of any crime involving a sex offense of any kind, larceny of any degree or any other crime equivalent to a crime of the third degree or greater under New Jersey law, in this state or in any other state or territory of the United States, the Police Chief shall refuse to issue an alarm business license to such individual applicant or corporate applicant and shall revoke the same, after a hearing, upon the presentation of evidence of a prior or subsequent conviction of any such criminal offense.

(2) Compliance with all other provisions of this chapter.

E. Form and content of license. The license shall be in writing, numbered, in duplicate and signed by the Police Chief on a form provided by the borough and shall, for each such license, contain the following information: the name, trade name, if any, business address, business telephone of the alarm business, number of the license, the name of the company supplying insurance coverage, the policy number and the name, address and telephone number of the insurance agent.

F. By whom issued.

(1) An alarm business license or any renewal thereof shall be issued by the Police Chief only after compliance by the applicant with all the requirements of this chapter, including the payment of the required fee.

(2) One copy of the alarm business license, when issued, shall be retained by the Police Chief. The applicant shall receive the original.

G. Renewal of license.

(1) All applications for renewal of an alarm business license shall be on the same form as the initial application and be filed with the Police Chief at least one month before the expiration date of the license being renewed.

(2) Fingerprinting shall not be required on a renewal if there has been no change in the persons required by § 105-11C(1) to be listed on the initial application.

H. Duty of Police Chief.

(1) Within 60 days after the filing of an application for a license, the Police Chief or his designated representative shall notify the applicant of his decision to approve or deny the application.

(2) No application shall be denied by the Police Chief unless he determines that the applicant or any owner, partner or manager of the applicant or, in the case of a corporation, any officer, manager or stockholder holding more than 10% of the capital stock of the corporation has a record of criminal convictions of the nature set forth herein, has made a materially false statement in the application, has failed to comply with any other provisions of this chapter, has failed to pay the required fee or for other just cause. The reason for the denial shall be specified in the notification to the applicant.

I. Appeal of denial. If an applicant has been denied approval, the applicant may appeal the denial to the Mayor and Council of the Borough of New Providence by filing a letter, which shall constitute the notice of appeal, with the Borough Clerk within 10 days after receipt of the notice of denial. Said notice of appeal shall specify the grounds upon which the applicant relies in contending the denial was an error and shall have annexed to it the written denial from the Chief of Police. No hearing shall be held, but the Mayor and Council of the Borough of New Providence shall, within 30 days, review the letter notice of appeal and the denial notice and render a decision on said records. If the Mayor and Borough Council desire to review any other documents, they shall request the same in writing and shall notify both the denied applicant and the Chief of Police of said request.

J. Continuation of business. Any person, partnership, corporation or other entity conducting an alarm business in the Borough of New Providence on the effective date of this chapter may continue to do business while its application for a license is being processed but shall cease and desist from doing business upon receipt of notice of denial of its application for a license. Such application shall be made within 30 days of the effective date of this chapter.

K. Indemnity. For any such license granted hereunder, the licensee shall assume all liability and agree to indemnify and save harmless the Borough of New Providence, its agents and employees and the New Providence Police Department from any liability in connection with the operation of the alarm business.

L. Applicability. The provisions of this section shall not be applicable to the property owner or occupant who installs an alarm system in the property he owns or occupies.

§ 105-12 Investigation and issuance of private alarm system permit.

The Chief of Police shall not issue a permit for a private alarm system unless he finds that the system covered by the application meets applicable standards as set forth in regulations promulgated in writing by the Police Chief. Whenever the Chief of Police shall refuse to issue a permit, he shall advise the applicant, in writing, of the reason or reasons for refusal. He shall refuse to issue a permit for any private alarm system which:

A. Does not have a method of shutting off the aforesaid alarm at the property on which it is located;

B. Does not have a device or method for limiting the sounding of any audible alarm to 15 minutes;

C. Can be activated by changes in atmospheric conditions of heat or cold or by wind; or

D. Does not have a set of written instructions concerning the proper operation and maintenance of the alarm system and its component parts prepared by the alarm business or its component suppliers which has been given to the permittee.

§ 105-13 Expiration of private alarm system permit.

Every permit issued for a private alarm system shall expire on December 31 of the year in which it was issued, with the exception of those issued between October 15 and December 31, which shall be valid until December 31 of the following year.

§ 105-14 Terms and conditions of private alarm system permit.

All permits for private alarm systems shall be issued upon the following terms and conditions:

A. A permit shall be required for each separate residence, store, building or other facility, and no permit shall be transferred or assigned in any manner.

B. If requested by the Borough Clerk, an applicant shall furnish complete information and specifications for the system. Such information shall include specific data relating to testing procedures and the prevention of false alarms.

C. Every private alarm system shall be maintained in proper working condition and shall meet standards which may from time to time be promulgated by the Chief of Police to prevent faulty systems.

D. Any private alarm system connected directly to the Police Department command desk shall be electrically compatible therewith.

E. No private alarm system which automatically dials a telephone trunk line at the Police Department shall dial any number except one specified by the Police Chief.

F. Any prerecorded telephone message to the Police Department resulting from the operation of a private alarm system shall be worded in a form approved by the Police Chief.

G. No prerecorded telephone message to the Police Department resulting from the operation of a private alarm system shall repeat or remain connected for a continuous period of more than three minutes.

H. Every permit shall be subject to rules and standards which may be promulgated by the Borough Council with respect to private alarm systems. Such rules shall be in writing and shall be given to each permittee at the time of issuance or renewal of any permit or at the time of promulgation or amendment.

§ 105-15 Suspension of private alarm system permits.

A. Any permit issued for a private alarm system may be suspended by the Chief of Police if it shall appear that:

(1) The permittee has failed to comply with the terms and conditions of the permit or has failed to comply with rules and standards promulgated by the Chief of Police with respect to private alarm systems.

(2) The permittee or his agents knowingly installed or maintained a faulty private alarm system.

(3) The permittee or his agents failed to comply with a request by the Chief of Police or to render necessary services to a faulty private alarm system within 24 hours after such request is made or failed to disconnect such system within such period and until such system has been repaired.

B. Four false alarms within any calendar year shall constitute prima facie evidence that a private alarm system is faulty and is in violation of this chapter. In the case of false alarms, any person having knowledge thereof shall immediately notify the Police Department. In addition, in the case of false alarms, the Police Chief shall cause an investigation to be made and keep a record of said alarms on file. If in the event of a false alarm, the Police Department is advised of the name, address, preassigned code number and that the alarm is false before police personnel arrive at the scene, the false alarm may not, in the discretion of the Police Chief or designee, be deemed to be a false alarm. If in the event of the testing of a private alarm system, the Police Department receives prior notice of at least five minutes before each test, the alarm will not be deemed a false alarm. Where the investigation of the Police Department discloses continued abuse of the privilege of connection to the alarm panel and a disregard by the permittee to take remedial steps to avoid false alarms, the Chief of Police may suspend the permit for a limited or permanent time, provided that no such permit shall be revoked or suspended without giving the permittee opportunity to show cause before the Police Chief why such action should not be taken. A suspension shall be terminated by the Chief of Police when he is satisfied that the conditions stated in the notice of suspension have been corrected.

C. Subsequent to the adoption of this chapter, each alarm system, when initially installed, shall be operated for a period of one week without any audible annunciation or transmittal of an alarm signal to the Police Department to allow for a break-in and trial period.

D. It shall be a violation of this chapter for any person to intentionally activate an alarm:

(1) For the purpose of testing the system without prior notice to the Police Department.

(2) For the purpose of measuring or testing police response.

(3) For any other purpose other than the existence of an emergency for which the alarm system or warning device was intended to respond.

§ 105-16 Appeals.

A. Any person aggrieved by the action of the Police Chief in denying a permit or in the suspension or revocation of any permit provided for by this chapter may appeal to the Public Safety Committee of the Borough of New Providence by filing a written notice of appeal with the Borough Clerk within 30 days of the alleged wrongful or improper act of the Police Chief. The Public Safety Committee shall set a time and place for hearing of the appeal, at which time the Public Safety Committee shall conduct a hearing and affirm, modify or reverse the action appealed from.

B. A further appeal may be made to the Borough Council by any person aggrieved by the decision of the Public Safety Committee. Such further appeal shall be taken by filing with the Borough Clerk, within 20 days after notice of said decision has been mailed as aforesaid, a written statement setting forth fully the grounds of the further appeal, along with a fee of $25. The Borough Clerk shall set a time and place for hearing of the appeal, at which time the Borough Council shall conduct a hearing and affirm, modify or reverse the decision appealed from.

§ 105-17 Tape dialer systems.

A. Requirements for tape dialer systems. No permit for a tape dialer system, whether installed prior to the effective date of this chapter or after such date, shall be issued unless the system complies with the provisions of this chapter and is also:

(1) Approved by the Chief of Police after the performance of a test alarm conducted by or on behalf of the applicant. All such system wiring connected to the phone system shall be installed so as to be compatible with the telephone system so that incoming or outgoing calls will not interfere with the alarm system's proper operation.

(2) Coded to dial a special number which shall be provided by the Chief of Police. No tape dialer system shall be coded to dial the number of the general police switchboard of the borough.

(3) Coded to notify a relative, neighbor or other third party who shall be named in the registration required by this chapter.

(4) Capable of being disconnected by the owner to permit a call to the police switchboard in the event that a false alarm occurs.

(5) Worded in an intelligible format approved by the Chief of Police and complying with the following requirements:

(a) No message shall be transmitted more than three minutes as a result of a single stimulus of the mechanism.

(b) Messages shall not exceed 15 seconds, and the time gap between delivery shall be approximately 10 seconds.

(c) The message shall contain, in the following order:

[1] The alarm number provided by the Police Department.

[2] The name of the resident or business.

[3] The street address of the premises alarmed.

(6) 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 of doors or windows, changes in atmospheric temperature or other forces unrelated to general alarms.

(7) Provided with an automatic line-seizure device in the event that the line from the premises where the alarm is installed is busy with an incoming or outgoing call.

(8) Certified by a person licensed under this chapter as an alarm installer on forms supplied by the Police Department that the alarm system has been inspected by him, serviced as required and tested for proper operation and that said system complies with the requirements of this chapter.

B. Fees for initial issue or removal of tape dialer permit. The permittee of each tape dialer system shall pay to the borough an annual fee of $12 at the time an initial application is submitted and by January 15 of each year thereafter so long as the permit is in force to cover the cost of registration and testing and to amortize the cost of the special telephone line or lines required in the police headquarters, along with ancillary tape devices necessitated by these systems. If any permittee shall fail, neglect or refuse to pay the annual fee and shall remain in such default for 30 days, the Chief of Police or designated representative is authorized, upon five days' notice to such permittee, to order such permittee to disconnect the permittee's alarm system from the special police number.

C. Time for obtaining a tape dialer permit for system installed prior to the adoption of this chapter.

(1) If any person has a tape dialer system installed at the time of the passage of this chapter, he shall have 30 days in which to apply for a permit, pay the annual fee, reprogram the equipment to comply with the terms of this chapter and obtain the necessary inspection and certification. Any person failing to comply therewith and continuing to have installed a tape dialer system programmed to the general Police Department telephone number shall be in violation of this chapter. On request, all owners of tape dialer systems seeking a permit or renewal thereof must furnish proof satisfactory to the Police Chief of the date of installation of the tape dialer system.

(2) If any tape dialer system shall hereafter be found to be dialing the general police headquarters number rather than the special telephone number reserved for tape dialers, the occupant of the building or other person in whose name the telephone is listed shall be sent a notice, in writing, by the Chief of Police requiring compliance with the terms of this chapter. If the occupant or telephone subscriber shall fail, within 30 days after receipt of said notice, to comply, he shall be in violation of this chapter.

D. Annual inspection required. Prior to the annual renewal of an existing tape dialer permit, the applicant must submit a certification on forms supplied by the Police Department signed by a person licensed under this chapter as an alarm installer, certifying that the alarm system has been inspected by him, serviced as required and tested for proper operation and that said system complies with the requirements of this chapter.

§ 105-18 Notification of use of warning devices.

Every person who installs, maintains or uses a warning device within the borough shall notify the Borough Clerk of such device by completing and filing with said Clerk a form to be furnished by the Borough Clerk, providing the following information:

A. The name, address and telephone number of the owner or occupant of the property served by the warning device.

B. The location of the property served.

C. The name, address and telephone number of any person or company maintaining the warning device.

D. The name and telephone number of a person within five miles of the borough to be notified of a warning or faulty warning device at any time when no one is present on the property served by the warning device.

§ 105-19 Correction or disconnection of faulty warning devices.

Every person who installs, maintains or uses a warning device to serve an improved property within the borough shall promptly correct or disconnect any faulty device upon notice from the Chief of Police that the system is sounding an inordinate number of false alarms.

§ 105-20 False alarms.

Any person having knowledge of an alarm shall immediately notify the Police Department. The police shall cause an investigation to be made of each alarm and keep a record of all false alarms.

A. Any person owning a private alarm system shall be subject to the following penalties:

(1) For each false alarm knowingly or intentionally set off in any year, a fine of $200 or imprisonment for not more than 30 days, or both, at the discretion of the court.

(2) For the first and second unintentional false alarms in any year, a warning notice shall be issued.

(3) For the third unintentional false alarm in the same year, there shall be an administrative penalty of $25.

(4) For the fourth through 10th unintentional false alarms in the same year, there shall be an administrative penalty of $50 for each false alarm.

(5) For the 11th through 20th unintentional false alarms in the same year, there shall be an administrative penalty of $100 for each false alarm.

(6) For each subsequent unintentional false alarm in the same year, there shall be an administrative penalty of $200.

B. Any person owning a warning device shall be subject to the following penalties:

(1) For each false alarm knowingly or intentionally set off in any year, a fine of $50.

(2) For the first through fifth unintentional false alarms in any year, a warning notice shall be issued.

(3) For the sixth through 20th unintentional false alarms in the same year, there shall be an administrative penalty of $25.

(4) For each subsequent false alarm in the same year, there shall be an administrative penalty of $50.

§ 105-21 Audible alarms to be equipped with cutoff mechanisms.

Every private alarm system which has an audible signal shall be equipped with a cutoff mechanism which will terminate the sound after 15 minutes.

§ 105-22 Disclaimer of responsibility.

The Borough of New Providence and the New Providence Police Department shall not assume any responsibility whatsoever to any licensee, permittee or other person with respect to the adequacy, operation or maintenance of the alarm panel, alarm register or any private alarm system or warning device. No action taken by either the borough or the borough's Police Department pursuant to the provisions of this chapter shall create any liability upon either the borough or the borough's Police Department by reason of any failure of any private alarm system or warning device or any failure to respond to any private alarm system or warning device. Every permittee who accepts a permit for a private alarm system or registers a warning device agrees to hold and save harmless the borough and its Police Department and their agents and employees from any liability whatsoever in connection with the alarm system or warning device or its deactivation or disconnection by the Borough of New Providence. It shall be the responsibility of the permittee to provide for the reactivation or reconnection of a system deactivated or disconnected by the borough. The alarm panel and register and allied equipment shall be maintained at the will of the Borough Council and are subject to termination at any time by cancellation of the system by resolution duly adopted by the Borough Council. Any individual permit issued hereunder may be revoked at will by the Borough Council upon recommendation of the Chief of Police, provided that 30 days' notice is given, in writing, to said permittee.

§ 105-23 Rules and regulations.

A. It is the intention of the Borough Council that the Fire Chief have control of private alarm systems that are designed primarily to detect the presence of smoke or fire and that the Police Chief have control with respect to all other private alarm systems as well as the operation of the alarm panel. The Police Chief may from time to time promulgate rules and regulations as are, in his judgment, necessary to the implementation of this chapter; provided, however, that no such rule or regulation shall be inconsistent with any provision of this chapter.

B. Said rules and regulations shall be in writing and shall be given to each permittee or licensee at the time of the application for or issuance of the permit or license or renewal thereof.

C. General provisions and regulations.

(1) All alarm devices shall be installed in accordance with all applicable municipal and governmental laws, ordinances and requirements.

(2) Any licensee of the alarm console and any licensee utilizing the services of any other alarm company connected to said console shall provide for a representative to be on call at all times, and adequate service shall be provided within eight hours of notification by the Police Department of any malfunctioning or faulty equipment.

(3) Any unauthorized equipment may be disconnected by the Chief of Police or his designated representative for noncompliance with this chapter, any person installing, maintaining or using unauthorized equipment shall be prosecuted for violation of this chapter, and each and every day said equipment is in use shall be considered a separate violation.

(4) A permittee or his representative shall respond to the source of a signal or transmission from an alarm device as promptly as possible after the actuation of such device and shall contact the Police Department dispatched to the scene. He shall relieve the police officer in charge whenever there is no apparent fire or criminal activity at the scene of the alarm.

(5) Any permittee shall be deemed to have consented to inspection of the premises on which said alarm device is installed at reasonable hours by the Police Chief or his designated representative. This provision shall not be construed to impose a duty on the municipality to make inspections to relieve the alarm owner from inspecting, testing and maintaining his own alarm device(s).

(6) If the location of the police communications facilities should be changed at any time, permittees or licensees under this chapter shall not be permitted to charge the municipality with any resulting cost of moving the alarm equipment.

(7) All costs and recurring charges incurred in the installation and maintenance of alarm systems shall be borne by the permittee except where this chapter indicates that such costs shall be paid by the licensee.

(8) The Chief of Police may from time to time promulgate rules and regulations supplementing this chapter in order to provide for recordkeeping and the efficient management of the alarm system.

§ 105-24 Violations and penalties.

Any person who violates any provision of this chapter shall, upon conviction, be subject to a penalty not exceeding $200 or by imprisonment for not more than 30 days, or both, in the discretion of the Municipal Court Judge. The alarm panel and register and allied equipment shall be maintained at the will of the Borough Council and are subject to termination at any time by cancellation of the system by resolution duly adopted by the Borough Council. Any individual permit issued hereunder may be revoked at will by the Borough Council upon recommendation of the Chief of Police, provided that 30 days' notice is given, in writing, to said permittee.