[HISTORY: Adopted by the Township Committee
(now Township Council) of the Township of East Hanover 4-20-1982 by Ord. No.
9-1982. Amendments noted where applicable.]
The purpose of this chapter is to provide standards
and regulations for the various types of intrusion, burglar, fire
and other emergency alarm equipment requiring response thereto by
the Police Department, Fire Department or any other township agency.
The provisions of this chapter shall apply to
alarm businesses and to any person who owns, operates or maintains
an alarm system as defined herein.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person, or entity, authorized by another person or entity
to act on behalf of or for such party; or any person or entity entrusted
with another's business or one who represents and acts for another
under any agency relationship; or any business representative whose
function it is to bring about, modify, affect, accept performance
of or terminate the contractual obligations on behalf of another;
or anyone whom another, either intentionally, by want of ordinary
care or by his manifestations, induces third persons into believing
that said person or entity is the agent of the other.
Any business operated by a person for a profit which engages
in the activity of selling, leasing, installing, servicing, repairing
or responding to an alarm system or which causes any of these activities
to take place.
The approved control panel of devices located within the
East Hanover Police Department which gives a visual or audible response,
or both, to a signal from any alarm system.
Any signal produced by an alarm system to indicate the presence
of an emergency and to which the Police Department or Fire Department
may be expected to respond.
Any equipment designed to signal the presence of an emergency
to which the Police Department or Fire Department may be expected
to respond. The term "alarm system or device" shall include the terms
"dial alarm system," direct alarm system," "digital communicator"
and "local alarm system," as those terms are defined herein.
The Chief of Police of the Township of East Hanover.
The person under contract with the Township of East Hanover
to install, operate and maintain the alarm console.
Any alarm system that automatically or electronically selects
a telephone trunk line of the Police Department or Fire Department
and then delivers a signal or prerecorded message.
The device or devices that can be connected to a dial alarm
system which enable that system to deliver a signal to the police
alarm console via nondedicated telephone lines.
Any alarm system connected directly by leased telephone lines
from a specific location to the alarm console.
A robbery, burglary, theft, fire or other peril that is occurring,
is about to occur or has just occurred.
Anyone employed by another party having charge of any activities,
acts or business of the party for whom he is employed; or any person
working for salary or wages paid, or to be paid, by the employer;
or any person performing services for another who is subject to the
control and direction of that party in the performance of said services.
Any signal produced by an alarm system, by inadvertence,
negligence, malfunction, improper installation or the act of a person,
other than to signal the presence of an actual emergency. This shall
not include trouble alarms.
The Fire Department of the Township of East Hanover.
One who, exercising an independent employment, contracts
to do work according to his own methods and without being subject
to the direct control of the party for whom he is performing such
services, except as the result of the work being performed; or anyone
who has the right to employ and direct the action of other workmen
independently of the party for whom the services are being performed
and is, himself, freed from any superior authority to specify how
the work shall be done or what the laborers shall do as it progresses.[1]
Any alarm system producing an audible or visible signal designed
to be heard or seen by persons outside the protected area, but shall
not include alarm systems connected solely within a properly registered
motor vehicle.
Any person who owns or maintains an alarm system and has
obtained a permit in accordance with the provisions of this chapter.
Any individual, partnership, corporation, association or
any other private or business entity.
The Police Department of the Township of East Hanover.
A permittee whose alarm system stimulates a response by the
alarm console in police headquarters.
The Township of East Hanover or any department, agency or
officer authorized to act on its behalf.
A signal received by the alarm console from a direct alarm
indicating an interruption or malfunction of the telephone transmission
lines or related equipment.
[1]
Editor's Note: The former definition
of "licensee," which immediately followed this definition, was repealed
2-17-1994 by Ord. No. 4-1994.
The Township of East Hanover, its various departments,
agencies, officials and employees shall be under no duty or obligation
to any permittee, licensee or console contractor hereunder, or to
any other person or persons, with respect to the adequacy, operation,
installation, repair or maintenance of the alarm console or related
equipment, or any alarm system regulated herein, and assumes no liability
in connection herewith. Upon acceptance of any permit, license or
contract hereunder, the permittee, licensee or console contractor
agrees to hold and save harmless the Township of East Hanover, its
departments, agencies, officials and employees from any liability
or damages suffered as a result of or arising out of improper or faulty
installation, operation or maintenance of any alarm system or the
improper or faulty operation or maintenance of the alarm console at
police headquarters.
A.
The alarm console provided for in this chapter shall
contain equipment and be of a design approved by the Chief of Police
of the Township of East Hanover.
B.
The console contractor selected to install and maintain
the alarm console shall be determined by public bid in accordance
with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and
shall be bound by the terms of this chapter as well as the terms of
the contract. In the event of contradiction or conflict, this chapter
shall control.
C.
The alarm console and related equipment as it exists at the time of adoption of this chapter shall remain intact and operational until such time as a contract is awarded and replacement equipment is installed. In the event that the present console owner is not awarded a contract, he shall be subject to the same provisions of this chapter concerning removal as set forth in Subsection I of this section.
D.
Determination of successful bidder.
(1)
The competitive basis for determination of the successful
bidder shall be on the basis of the lowest total user charge to subscriber
permittees over the terms of the contract. Equal consideration, however,
shall be given to the following:
(a)
The financial stability of the bidder.
(b)
The bidder's experience in the alarm field
with other municipalities.
(c)
The bidder's service capability on a twenty-four-hour
basis.
(d)
The proximity of the bidder's office to
the municipal building as bearing on service and repair availability
and response time.
(e)
The bidder's past performance in this or
other municipalities.
(f)
Such other factors as the Township Committee
shall deem relevant and in the best interests of the municipality.
(2)
The Township Committee reserves the right to refuse
all bids.
E.
The console contractor shall locate and relocate said
console if necessary at the request and under the supervision of the
Chief of Police at no cost to the Township of East Hanover.
F.
Any connection to the alarm console shall be of a
type inspected and approved by the Chief of Police or his designated
representative, and any person aggrieved by said decision may appeal
said decision to the Township Council by filing a written notice of
appeal with the Township Clerk within 10 days after the date of said
decision.
G.
All direct alarm systems and dial alarm systems equipped
with digital communicators existing at the time the alarm console
contract takes effect shall be connected to the new console by the
console contractor, and no installation or transfer fee shall be charged.
H.
The console contractor shall be permitted to charge
new subscribers an installation fee and all subscribers a monthly
maintenance fee as specified in the terms of the contract. However,
no fees shall be charged to the Township of East Hanover or the East
Hanover Township and Hanover Park Regional Boards of Education for
existing or future systems in public buildings.
I.
Upon termination of the contract for any reason, the
console contractor shall have the right to remove the alarm console
system as may be owned by the contractor at no expense to the township,
in a manner and at the time directed by the Chief of Police [not later
than 30 days after the termination date] to permit installation or
a substitute console system by a successor-approved contractor. Any
equipment which is not removed within the allotted time shall become
the property of the Township of East Hanover, and the contractor shall
have no further claim or right thereto or any part thereof. In no
event, however, shall the township be without the full use of an alarm
console, and no equipment shall be removed or disconnected until such
time as it is replaced.
[1]
Editor's Note: Former § 55-6,
Alarm business, was repealed 2-17-1994 by Ord. No. 4-1994.
[Amended 2-17-1994 by Ord. No. 4-1994]
A.
Thirty days after the effective date of this chapter,
all agents or employees of an alarm business, or independent contractors
working for an alarm business, who sell, lease, install, repair, replace,
alter, service, maintain or respond to an alarm system in the Township
of East Hanover shall be registered with the Police Department, and
such registration shall be the joint obligation of the agent, employee
or independent contractor and the alarm business. The registration
shall include at least the name and address of the agent, employee
or independent contractor; the name of the alarm business; criminal
convictions, if any, of the agent, employee or independent contractor;
the length and type of the agent's, employee's or independent
contractor's experience in the alarm industry in general and
with the specific alarm business; and such other information as may
be prescribed by the Chief of Police or his designated representative.
B.
No agent, employee or independent contractor of or
working with or for an alarm business shall perform, nor shall an
alarm business permit an agent, employee or independent contractor
to perform, any functions of an alarm business within the Township
of East Hanover without first being registered as required in this
section.
C.
The alarm business shall issue identification badges
or cards to all its registered agents, employees or independent contractors.
The identification badge or card shall contain the agent's, employee's
or independent contractor's photograph and physical description,
as well as the name and address of the licensed alarm business, and
shall be displayed by the agent, employee or independent contractor
upon entering any premises for the purpose of performing any function
of the alarm business. The agent, employee or independent contractor
shall also be required to present said badge or card to any police
officer of the Township of East Hanover upon request.
D.
The alarm business shall immediately notify the Chief
of Police, in writing, of the termination of employment of any such
registered agent, employee or independent contractor, and it shall
be the responsibility of the alarm business to secure the return of
the identification badge or card from the terminated agent, employee
or independent contractor. Any agent, employee or independent contractor
so terminated for any reason shall immediately return the identification
badge or card to the licensee. Failure to do so within five days of
termination of employment shall be deemed a violation of this chapter.
A.
No person shall install or operate an alarm system
at any time after 60 days after the effective date of this chapter
without first having obtained a permit as hereinafter provided.
B.
Application for a permit shall be made on forms furnished
by the Police Department and shall contain such information as the
Chief of Police may reasonably require.
C.
There shall be an annual fee of $20 for permits to
operate a dial-alarm-type system to cover the cost of specific telephone
lines necessary for their use. The required fee shall accompany the
application form.
D.
All permits issued under this section shall expire
on January 31 next succeeding the date issued and shall not be valid
after said date. All renewal permit applications must be submitted
by January 15 of each year, accompanied by an application fee.
E.
The Chief of Police is the designated official of
the township to issue, renew, remove or suspend permits under this
section.
F.
An application for a permit or permit renewal may
be denied by the Chief of Police if he disapproves of the equipment
intended to be used or continued by the applicant or if the applicant
has violated or refuses to comply with any provisions of this chapter
or any rules or regulations promulgated in accordance therewith.
G.
The Chief of Police may revoke or suspend a permit
issued under this section for failure or refusal of the permittee
to comply with any provisions of this chapter or any rule or regulation
promulgated in accordance therewith.
H.
All permits as may be granted hereunder shall be accepted
upon the express condition that the permittee shall defend, indemnify
and save harmless the Township of East Hanover and its authorized
officials, agents and employees from and against all damages, costs,
expenses and liability arising out of or connected with the installation,
operation, maintenance or malfunction of the alarm system, or any
act or omission connected therewith.
I.
All permittees shall comply with all other provisions
of this chapter and all rules and regulations promulgated in accordance
therewith.
A.
Effective one year after the effective date of this
chapter, no person shall use or cause or permit to be used any dial
alarm system or device except and unless such system is equipped with
a digital communicator device.
B.
All existing owners and users of dial alarm systems shall obtain a permit for same in the manner set forth in § 55-8 of this chapter within 60 days after the effective date of this chapter. After 60 days after the effective date of this chapter, no dial alarm application will be accepted, and no new dial alarm system installations will be permitted except and unless said dial alarm system shall be equipped with a digital communicator.
C.
No dial alarm system shall be permitted unless of
a type approved by the Chief of Police and compatible with all peripheral
equipment. Any such alarm system must have approval of the New Jersey
Bell Telephone Company or its successor.
D.
All dial alarms shall be coded to dial a special separate
number, which number can be obtained from the Chief of Police or his
designated representative, and no dial alarm shall be coded to dial
the general police emergency number or any other township number not
specifically dedicated to such use. Existing dial alarm owners issued
a permit under this chapter may continue to dial the general police
number until modified to a digital communicator or until one year
after the effective date of this chapter, whichever shall occur first.
After one year after the effective date of this chapter, no dial alarm
shall dial any number other than the special number dedicated to the
use of dial alarms.
E.
All dial alarms shall be capable of disconnection
to enable the owner to call police headquarters to indicate that a
false alarm has occurred.
F.
All dial alarm owners shall comply with all other
applicable provisions of this chapter.
A.
All owners and users of local alarms shall obtain a permit as required by § 55-8 of this chapter.
B.
A local alarm system sounding an audible alarm shall
have built into its mechanism a device that shall automatically shut
off the audible signal within 30 minutes.
C.
Local alarm permittees shall comply with all other
applicable provisions of this chapter.
A.
In the case of false alarms, any person having knowledge
thereof shall immediately notify the Police Department of such error
or malfunction.
B.
The Chief of Police shall keep a record of all Police
Department responses to alarms and shall distinguish between actual
and false alarms.
C.
In the event of the occurrence of three false alarms
in a calendar year, the permittee shall, within five days after written
notice to do so, submit a written report to the Chief of Police setting
forth the causes of the false alarms, the corrective action taken,
a statement as to whether the alarm system has been inspected by an
alarm service company and such other information as the Chief of Police
may reasonably require.
[Amended 10-19-1989 by Ord. No. 35-1989]
D.
E.
Disconnection and deactivation.
(1)
In addition to the service fees, where investigation
of the Police Department discloses that false alarms continue to result
due to failure of the permittee to take corrective action to avoid
false alarms, or in the event that the permittee shall fail to remit
the required service fee, the permittee shall disconnect and deactivate
the alarm system within 10 days after written notice from the Chief
of Police to do so, and the Chief of Police is hereby authorized to
disconnect the permittee's system from the alarm console. Each
and every day that said permittee shall fail to comply shall constitute
a separate offense.
(2)
The permittee shall have the right to a hearing before
the Township Committee to show cause why such action should not be
taken by filing a written request with the Township Clerk within 10
days after receipt of the notice to disconnect and deactivate. A hearing
on the appeal of the permittee shall be held by the Township Committee
within 25 days after the filing of the written request.
A.
All alarm systems shall meet standards and shall be
installed in accordance with all applicable state and municipal laws,
ordinances, rules and regulations.
B.
No fire alarm system shall be finally approved and
no permit shall be issued until and unless said system shall first
be inspected and approved by the Fire Chief of the Township of East
Hanover or his designated representative.
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 that said equipment is in operation shall be considered
a separate violation.
D.
The console contractor, and any permittee or licensee
owning or servicing an alarm system which is connected to the alarm
console, shall provide for a representative to be on call at all times
and shall, within eight hours notification by the Police Department
of any malfunction of any equipment, respond and repair said malfunction
or deactivate any system that cannot be repaired until said repairs
are made.
E.
It shall be unlawful for any alarm system or device
to ring out or put forth any sound for a period in excess of 30 minutes.
F.
All components of alarm systems must be maintained
by the owner in good repair, and when evidence exists that there has
been failure to comply with the operational requirement of this chapter,
the Chief of Police or his designated representative is then authorized
to demand that such device be disconnected until such time as compliance
is reestablished.
G.
The sensory mechanism of alarm systems shall be adjusted
so as to suppress false indication and not to be activated by impulses
due to pressure changes in water pipes, short flashes of light, wind,
noises, rattling or vibration of doors or windows or other forces
unrelated to general alarms. This subsection shall not be construed
to in any way interfere with the proper operation of central alarm
stations.
H.
All permittees shall be required to supply the Police
Department with the name of a person or persons who can be contacted
at any time of day or night, concerning activated alarms. A permittee
or his representative shall respond to the source of an alarm as promptly
as possible after activation of such device and shall contact the
Police Department or Fire Department dispatched to the scene. He shall
relieve the policeman or fireman in charge whenever there is no apparent
fire or criminal activity at the scene of the alarm and shall reset
or deactivate the system.
I.
All permittees shall, by acceptance of the permit,
be deemed as having consented to inspection of the premises on which
said alarm system or related equipment is installed, at reasonable
hours, by the Chief of Police or Fire Chief, or their designated representatives.
This provision shall not be construed to impose a duty on the township
or its officials to make inspections or to relieve the permittee from
inspecting, testing and maintaining his own alarm system.
J.
Any person testing any alarm system covered under
the terms of this chapter shall notify the Police Department immediately
prior to and after the testing.
K.
All alarm systems covered under the terms of this
chapter shall have an auxiliary battery power supply which automatically
engages to prevent false alarms due to power failures.
L.
If the location of the fire or police communication
facilities should be changed at any time, no console contractor, permittee
or licensee shall be permitted to charge the township with any resulting
costs of moving alarm equipment.
M.
Any alarm produced by an alarm system shall clearly
distinguish between intrusion-related alarms and fire-related alarms.
No alarm system shall be permitted that produces the same or similar
signal for both perils.
The Chief of Police may from time to time promulgate
rules and regulations supplementing this chapter, in order to provide
for recordkeeping and efficient management of systems and persons
controlled by the provisions of this chapter.
Any person found guilty in the Municipal Court
of the Township of East Hanover for violation of any of the terms
of this chapter shall be subject to a fine of not more than $500 or
imprisonment for a period not exceeding 90 days, or both.