[HISTORY: Adopted by the Township Council of the Township
of East Brunswick on 2-23-81 by Ord. No. 81-332; Entire Chapter replaced on 8-14-17 by Ord. 17-26]
The Township Council does hereby find and declare that:
A.
The occupants of numerous residential, commercial and industrial
establishments in the Township of East Brunswick have found it desirable
to make provision for the installation, upon their premises at their
own cost and expense, of alarm systems for emergencies such as burglar,
fire and like alarms.
B.
There is a growing number of alarm companies that sell or lease such
alarm systems entering into contracts with such occupants for the
installation, operation and maintenance of such alarm systems and
providing for the connection to the individual alarm system so installed
by them to a central location.
C.
The number of private enterprises engaged in the alarm business,
each with its own system and equipment, has resulted in conditions
that, if not remedied, will lead to an unnecessary drain on the manpower,
time, space facilities and finances of the Township of East Brunswick
and its Public Safety Department and the deterioration of the quality
of service to persons subscribing to the alarm services and inequities
among the alarm businesses in the Township of East Brunswick.
A.
The purpose of this ordinance is to provide standards and regulations
for various types of local alarms, burglar, fire and other emergency
alarm devices whether by direct line, telephone or other means, actuating
devices at the East Brunswick Police Headquarters requiring a response
by the police department or fire department.
B.
This chapter is also meant to encourage alarm users and alarm companies
to properly use and maintain the operation, effectiveness and proper
utilization of alarm systems and to reduce or eliminate false alarms
which may unduly divert law enforcement from responding to criminal
activity.
C.
This chapter governs systems intended to summon law enforcement response,
requires registration, establishes fees, provides for penalties for
violations, establishes a system of administration and sets conditions
for suspension or loss of registration.
A.
The provisions of this ordinance shall apply to any person, other
than the municipality, who operates, maintains or owns any alarm device
or local alarm designed to summon the police or fire department to
any location in response to any type of alarm signal. The terms of
this ordinance shall in no way prohibit alarm companies from providing
services by private sources to other offices within or without the
Township of East Brunswick.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them, except where the context
clearly indicates a different meaning:
A.
ALARM ADMINISTRATOR — A person or persons designated by the
Township to administer, control and review false alarm reduction efforts
and administer the provisions of this chapter.
B.
ALARM COMPANY — A person subject to the licensing requirements
and/or a company engaged in selling, leasing, installing, servicing
or monitoring alarm systems; this person shall be licensed in compliance
with Township ordinances and state laws and regulations.
C.
ALARM PERMIT — A permit issued by the Township allowing the
operation of an alarm system within the Township.
D.
ALARM SIGNAL — A detectable signal, audible or visible, generated
by an alarm system, to which law enforcement is requested to respond.
E.
ALARM SITE (also "security alarm site") — A structure or portion
thereof served by a single security alarm system (a "fixed" alarm
site). In a multi-tenant building or complex, each portion of the
structure or complex having its own security alarm system is considered
a separate alarm site.
F.
ALARM SYSTEM — Any single device or assembly of equipment designed
to signal the occurrence of an illegal or unauthorized entry or other
activity requiring immediate attention and to which law enforcement
is requested to respond such as burglary, intrusion, fire or smoke.
The following are exempt from this chapter: motor vehicle alarms,
boat alarms, domestic violence alarms and alarms designed to elicit
a medical response.
G.
ALARM USER — Any person, corporation, limited-liability company,
partnership, proprietorship, governmental or educational entity or
any other entity owning, leasing or operating an alarm system, or
who (which) controls a security alarm system at an alarm site; is
named on the registration; and is financially responsible for the
operation of an alarm system. Alarm user may mean more than one person,
if more than one person is listed on the registration and has accepted
financial responsibility for the operation of the alarm system.
I.
ANSI/SIA CONTROL PANEL STANDARD CP-01 — The American National
Standard Institute (ANSI) approved Security Industry Association (SIA)
CP-01 Control Panel Standard, as may be updated from time to time,
that details recommended design features for security system control
panels and their associated arming and disarming devices to reduce
false alarms. Control panels built and tested to this standard by
a nationally recognized testing organization will be marked to state:
"Design evaluated in accordance with SIA CP-01 Control Panel Standard
Features for False Alarm Reduction."
J.
AUTOMATIC DIAL PROTECTION DEVICE — An automatic dialing device
or an automatic telephone dialing alarm system and shall include any
system which, upon being activated, automatically initiates to the
East Brunswick Police Department a recorded message or code signal
indicating a need for law enforcement response.
K.
BURGLARY ALARM (also "property/intrusion alarm") — An alarm
system that is used to detect and report an unauthorized entry or
an attempted unauthorized entry upon real property.
L.
CANCELLATION — The process where response is terminated when
the alarm company (designated by the alarm user) notifies the East
Brunswick Police Department that there is not an existing situation
at the alarm site requiring police response after an alarm dispatch
request. If cancellation occurs prior to police arriving at the scene,
this is not a false alarm for the purpose of civil penalty, and no
penalty will be assessed.
M.
CENTRAL OFFICE ALARM — Any alarm which when activated transmits
a signal to a remote location indicating an alarm condition.
N.
CHIEF — The Chief of Police of the Township of East Brunswick
or his designee.
O.
ENHANCED CALL VERIFICATION (ECV) — An attempt by the monitoring
company, or its representative, to contact the alarm site and/or alarm
user by telephone and/or other electronic means, whether or not actual
contact with a person is made, to attempt to determine whether an
alarm signal is valid before requesting law enforcement dispatch,
in an attempt to avoid an unnecessary alarm dispatch request. For
the purpose of this chapter, telephone verification shall require,
as a minimum that a second call be made to a different number if the
first attempt fails to reach an alarm user who can properly identify
himself or herself to attempt to determine whether an alarm signal
is valid before requesting law enforcement dispatch.
P.
FALSE ALARM RESPONSE — The
activation of an alarm system through mechanical or electronic failure,
malfunction, improper installation or the negligence of the alarm
user, his/her employees or agents, and signals activated to summon
law enforcement personnel, unless law enforcement response was canceled
by the alarm user or his/her agent before law enforcement personnel
arrive at the alarm location.
This also means a police department response to an alarm dispatch
request by a commissioned officer of the department where, in the
opinion of that officer, no evidence of the commission or attempted
commission of a crime is present that can be reasonably attributed
to have caused the alarm activation.
A false alarm response is also deemed to have occurred when
the responding officer is unable to determine if evidence of a criminal
offense or attempted criminal offense is present because the alarm
site is inaccessible (e.g., where the alarm site is located:
1)
Within a locked structure, such as an apartment building or business
complex with a common entry; or
2)
Behind a locked gate and no person is present to provide access to
the officer; or
3)
Contains a dog and no person is present to remove the dog so the
officer can inspect the site; or
4)
Contains any type of "protective/reactive" device or contrivance).
A false alarm shall not include an alarm which can reasonably
be determined to have been caused or activated by unusually violent
conditions of nature nor does it include other extraordinary circumstances
not reasonably subject to control by the alarm user.
Q.
GRACE PERIOD — No violation shall be assessed to any owner
or person that maintains an alarm system as provided for and defined
herein during the first 30 days of installation.
R.
LOCAL ALARM — An alarm system that emits a signal at an alarm
site that is audible or visible from the exterior of a structure and
is not monitored by a remote monitoring facility, whether installed
by an alarm company or user.
S.
PERMIT YEAR — A twelve-month period beginning on the day and
month on which an alarm permit is issued.
T.
PERMITTEE — Any person owning or leasing an alarm device of
any type within the Township of East Brunswick.
U.
PERSON — Includes any natural person, partnership, corporation
or association, or any other legal entity.
V.
ROBBERY ALARM (also "duress alarm", "hold-up alarm" or "panic alarm")
— An alarm signal generated by the manual or automatic activation
of a device, or any system, device or mechanism, on or near the premises
intended to signal that a robbery or other crime is in progress, and
that one or more persons are in need of immediate police assistance
in order to avoid injury, serious bodily harm or death at the hands
of the perpetrator of the robbery or other crime.
W.
RUNAWAY ALARM — An alarm system that produces repeated alarm
signals that do not appear to be caused by separate human action.
The East Brunswick Police Department may in its discretion discontinue
police responses to alarm signals from what appears to be a runaway
alarm.
X.
SUSPEND ("suspension") — For the purposes of this chapter,
means the temporary loss for an alarm user of the privileges associated
specifically with the registration of a security alarm system in the
Township of East Brunswick.
Y.
TOWNSHIP — The Township of East Brunswick or its agent(s).
A.
Alarm registration is valid for one year. An alarm registration shall expire one year from the date of issuance and must be renewed annually by submitting an updated application to the alarm administrator or its designated vendor. The alarm administrator shall notify each alarm user of the need to renew no less than 30 days prior to the expiration of the registration. It is the responsibility of the alarm user to submit an application prior to the registration expiration date. Failure to renew will be deemed a use of a nonregistered alarm system and citations and penalties shall be assessed without waiver, except as set forth in § 43-13D. A late fee will be assessed if the renewal is more than 30 days late.
[Amended 2-27-2023 by Ord. No. 23-07]
B.
Alarm registration is issued to
a person or persons ("alarm user") having bona fide ownership or control
of an alarm site (i.e., home owner, business owner, renter, leaseholder,
etc.) and specifically for that alarm site or address.
1)
Alarm registration remains in the name(s) of the alarm user of record
until a change of ownership or control of the alarm site occurs.
C.
Alarm registration is attached
to the alarm user and the alarm site registration and is not transferable.
1)
A new alarm site registration must be issued whenever there is a
change of ownership or control of an alarm site.
2)
When the possession of the premises at which an alarm system is maintained
is transferred, the person (user) obtaining possession of the property
shall file an application for an alarm permit within 30 days of obtaining
possession of the property.
3)
There shall be a grace period where no violation shall be assessed
to any owner or person that maintains an alarm system as provided
for and defined herein during the first 30 days of installation.
D.
Registration information is determined by the alarm administrator
and shall include, but not be limited to, the following:
1)
The name, complete address (including apt/suite number), email address
and telephone numbers of the person who will be the registration holder
and be responsible for the proper maintenance and operation of the
alarm system and payment of fees assessed under this article;
2)
The classification of the alarm site as either residential (includes
apartment, condo, mobile home, etc.) or commercial;
3)
For each alarm system located at the alarm site, the classification
of the alarm system (i.e. burglary, holdup, duress, panic alarms or
other) and for each classification whether such alarm is audible or
silent;
4)
Mailing address, if different from the address of the alarm site
5)
Any dangerous or special conditions present at the alarm site;
6)
Names and telephone numbers of
at least two individuals who are able and have agreed to:
7)
Signed certification from the alarm user stating the following: the
date of installation, conversion or takeover of the alarm system,
whichever is applicable; the name, address, and telephone number of
the alarm installation company or companies performing the alarm system
installation, conversion or takeover and of the alarm installation
company responsible for providing repair service to the alarm system.
8)
The name, address, and telephone number of the monitoring company
if different from the alarm installation company.
9)
That a set of written operating instructions for the alarm system,
including written guidelines on how to avoid false alarms, have been
left with the applicant by the alarm installation company.
10)
That the alarm installation company has trained the applicant in
proper use of the alarm system, including instructions on how to avoid
false alarms.
11)
That law enforcement response may be influenced by factors including,
but not limited to the availability of police units, priority of calls,
weather conditions, traffic conditions, emergency conditions, staffing
levels, etc.
E.
On receipt of the application, fees and copy of the signed certification,
the alarm administrator (or designee) shall issue a security alarm
registration number to the alarm user.
F.
The security alarm registration number assigned to an alarm user
remains the same for as long as the alarm user continuously maintains
registration for the alarm site.
G.
Registration may be renewed under
the following conditions:
H.
Renewal information and fees are submitted to the alarm administrator
(or designee) on or before the initial registration anniversary date
each year.
I.
Any false statement of a material fact made by an applicant for the
purpose of obtaining an alarm registration shall be sufficient cause
for refusal to issue a registration.
J.
An alarm registration cannot be transferred to another person or
alarm site. An alarm user shall inform the alarm administrator of
any change that alters any of the information listed on the alarm
registration application within five (5) business days of such change.
K.
All fines and fees owed by an applicant must be paid before an alarm
registration may be issued or renewed.
The alarm user shall:
A.
Maintain the premises and the alarm system in a manner that will
reduce or eliminate false alarms.
[Amended 2-27-2023 by Ord. No. 23-07]
B.
Provide the alarm company the permit number. (The number must be
provided to the communications center by the alarm company to insure
dispatch.)
C.
Respond or cause a representative to respond to the alarm system's
location within a reasonable amount of time when notified by the East
Brunswick Township Police Department.
D.
Not manually activate an alarm for any reason other than an occurrence
of an event that the alarm system was intended to report.
E.
Obtain a new permit and pay any associated fees if there is a change
in address or ownership of a business or residence.
A.
Any person engaged in the alarm
business in the Township shall comply with the following:
1)
Obtain and maintain the required state and/or Township license(s).
2)
Provide the name, address and telephone numbers of the license holder
or a designee who can be called in an emergency, 24 hours a day, and
be able to respond to an alarm call, when notified, within a reasonable
amount of time.
3)
Be able to provide the most current contact information for the alarm
user.
B.
On and after 90 days after enactment of this chapter, alarm installation
companies shall, on all new and upgraded installations, use only alarm
control panel(s) which meet SIA Control Panel Standard CP-01.
C.
Prior to activation of the alarm system, the alarm company must provide
instructions explaining the proper operation of the alarm system to
the alarm user.
D.
Provide written information of how to obtain service from the alarm
company for the alarm system.
E.
Shall notify the alarm user at the time of alarm installation that
they shall submit to the alarm administrator or designee within seven
days the initial alarm registration application.
F.
An alarm company performing monitoring
services shall:
1)
Attempt to verify, by calling the alarm site and/or alarm user by
telephone, to determine whether an alarm signal is valid before requesting
dispatch. Telephone verification shall require, as a minimum that
a second call be made to a different number if the first attempt fails
to reach an alarm user who can properly identify himself or herself
to attempt to determine whether an alarm signal is valid, except in
the case of a panic or robbery-in-progress alarm, or in cases where
a crime-in progress has been verified by video and/or audible means.
2)
Provide alarm user registration numbers to the communications center
to facilitate dispatch and/or cancellations.
3)
Communicate any available information about the alarm.
4)
Communicate a cancellation to the law enforcement communications
center as soon as possible following a determination that response
is unnecessary.
A.
All alarm systems which are connected directly to a central office
operated by various alarm companies or local, on-site, alarm systems
shall be required to submit, using the Township's approved form, an
application and payment of a $10 registration fee made payable to
the Township of East Brunswick.
[Amended 2-27-2023 by Ord. No. 23-07]
B.
All central office alarm systems when equipped with a local bell
and all local alarm systems shall have a time relay or other device
which will limit the operation of said bell to fifteen (15) minutes
or less.
C.
If any person has a central office or local alarm system in existence
at the time of passage of this ordinance, he or she shall have thirty
(30) days from the effective date of this ordinance to register said
alarm and pay the appropriate fee.
A.
An alarm permit is not intended to, nor will it, create a contract,
duty or obligation, either expressed or implied, of response. Any
and all liability and consequential damage resulting from the failure
to respond to a notification is hereby disclaimed by the Township.
All governmental immunity as provided by law is retained. By applying
for an alarm permit, the alarm user acknowledges that the response
of the East Brunswick Police Department may be influenced by factors
such as: the availability of police units, priority of calls, weather
conditions, traffic conditions, emergency conditions, staffing levels
and prior response history.
A.
Whenever, under the provisions of this chapter, the Chief of Police or any authorized representatives he may have designated are empowered to make a decision with respect to the installation, operation and maintenance of any alarm equipment, or with respect to the issuance or denial of any application relating thereto, or with respect to the notice of a fine under § 43-12 or 43-13 below (collectively "Township action"), any person aggrieved by said Township action may, within 10 days following said action, request the East Brunswick Police Department (the "EBPD") to administratively review such decision (the "administrative review"). The EBPD will provide written notice of the result of its administrative review to the aggrieved person within 15 days of receipt of the request for such review. Any person wishing to appeal the result of the administrative review must file, within 10 days of notice of the decision, a written appeal therefrom with the EBPD. Within 15 days of receipt of such an appeal, the EBPD shall issue an ordinance violation summons to the aggrieved person, which ordinance violation summons shall be heard in East Brunswick Municipal Court in the same fashion as is usual and customary for municipal ordinance violations.
[Amended 2-27-2023 by Ord. No. 23-07]
A.
The Township Council, may from time to time promulgate rules and
regulations supplementing this chapter in order to provide for recordkeeping,
efficient management and administration of said system.
A.
All newly installed horns, sirens and local alarms other than bells
are prohibited.
B.
It shall be unlawful to activate an alarm system for the purpose
of summoning law enforcement when no burglary, robbery, or other crime
dangerous to life or property is being committed or attempted on the
premises, or otherwise to cause a false alarm.
C.
It shall be unlawful to install, maintain, or use an audible alarm
system which can sound continually for more than 15 minutes.
D.
It shall be unlawful to install, maintain, or use an automatic dial
protection device that reports, or causes to be reported, any recorded
message to the East Brunswick Township Police Department.
A.
If any article, section or subsection of this ordinance is for any
reason held to be unconstitutional or invalid, such provisions shall
be deemed severable.
A.
Any person, partnership, limited-liability company, corporation or other entity who shall violate any provision of this chapter shall, upon conviction thereof, be subject to the maximum fines and penalties established under N.J.S.A. 40:49- 5, or such lesser fine as may be set forth in § 43-13 below if such violation relates to alarm user registration or false alarm, and as same shall be amended from time to time. Each and every day a violation of this chapter shall exist shall constitute a separate violation.
[Amended 2-27-2023 by Ord. No. 23-07]
B.
Any persons installing or maintaining unauthorized equipment shall
be prosecuted for violation of this ordinance and each and every day
the equipment is in operation shall be considered a separate violation.
A.
This ordinance shall be enforced by the Department of Public Safety,
Township of East Brunswick.
B.
Excessive false alarms/failure to register. It is hereby found and
determined that two or more false alarms within a permit year is excessive,
constitutes a public nuisance and shall be unlawful. Fees for false
alarms within a permit year shall be assessed against an alarm user
as follows:
[Amended 2-27-2023 by Ord. No. 23-07]
Fee and Fine Schedule for Registration and False Alarm
| ||
Registration; Number of False Alarms Fee
| ||
1)
|
Registration Fee: $10.
| |
2)
|
Annual Renewal: Free, but must be completed within 30 days of
expiration.
| |
3)
|
First False Alarm: No Fine.
| |
4)
|
Second False Alarm: $25 Fine.
| |
5)
|
Third False Alarm: $50.
| |
6)
|
Fourth False Alarm: $75.
| |
7)
|
Fifth False Alarm: $100.
| |
8)
|
Sixth False Alarm: $125.
| |
9)
|
Seventh False Alarm: $150.
| |
10)
|
Eighth and every one after: $200.
| |
11)
|
Robbery, Panic and Burglary Crime in Progress False Alarm Fine
is $150 for each false alarm beginning with the first false alarm.
|
C.
Payment of all fees. All fees shall be paid within 30 days from the
date of the Township invoice.
D.
In addition, any person operating an unregistered alarm system, after
receiving one written notice of same, will be subject to a fine of
$50 for each false alarm incurred without a permit in addition to
any other applicable fees or fines.
[Amended 2-27-2023 by Ord. No. 23-07]
E.
If cancellation of an alarm dispatch request occurs prior to a police
officer arriving at the scene, no false alarm fine will be assessed.
[Amended 2-27-2023 by Ord. No. 23-07]
F.
If any fee or fine assessed on this section is not paid within 30
days after a notice or invoice is mailed, a late fee in the amount
of $5.00 shall be imposed.
G.
Violations will be enforced through the assessment of a civil penalty
in the amount according to the fee schedule above per violation.
[1]
Editor's Note: Former § 43-14, Alarm User Awareness
Class, was repealed 2-27-2023 by Ord. No. 23-07.
A.
In the interest of public safety, all information contained in and
gathered through the alarm registration applications, no-response
records, applications for appeals and any other alarm records shall
be held in confidence by all employees and/or representatives of the
Township, except where otherwise provided by law.
A.
All existing alarm systems, commercial or residential, shall comply
with the terms and conditions of this chapter on or before December
1, 2017.