[Ord. No. 13-89 § 1]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983, c. 383) the New Jersey Uniform Fire Code shall be locally enforced
in the Borough of South Toms River.
[Ord. No. 13-89 § 2]
The Local Enforcing Agency shall be the Ocean County Bureau
of Fire Safety under the supervision of the Ocean County Fire Marshal.
[Ord. No. 13-89 § 3]
The Ocean County Bureau of Fire Safety shall enforce the Uniform
Fire Safety Act and the codes and regulations adopted under it in
all buildings, structures and premises within the established boundaries
of the Borough other than owner occupied one and two-family dwellings,
and shall comply with the requirements of the Uniform Fire Safety
Act and the Uniform Fire Code.
[Ord. No. 13-89 § 4]
The Ocean County Bureau of Fire Safety shall carry out the periodic
inspections of life hazard uses required by the Uniform Fire Code.
[Ord. No. 13-89 § 5]
The Ocean County Bureau of Fire Safety shall be in the Office
of the Ocean County Fire Marshal and shall be under the direct supervision
and control of the Ocean County Fire Marshal who shall serve as the
Fire Official. The Ocean County Bureau of Fire Safety shall consist
of the Fire Official and such other inspectors and employees as may
be necessary to enforce the Code, being appointed by the Ocean County
Board of Chosen Freeholders pursuant to the procedures set forth herein.
[Ord. No. 13-89 § 6]
a.
Fire Official. The Ocean County Bureau of Fire Safety shall be under
the supervision of the Ocean County Fire Marshal who shall be appointed
by the Ocean County Board of Chosen Freeholders.
b.
Inspectors and Employees. Such inspectors and other employees as
may be necessary for the Ocean County Bureau of Fire Safety to properly
carry out its responsibilities shall be appointed by the Ocean County
Board of Chosen Freeholders.
[Ord. No. 13-89 § 7]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,
any person aggrieved by a ruling, action, notice or other of the Ocean
County Bureau of Fire Safety shall have the right of appeal to the
Construction Board of Appeals of the County of Ocean.
[Ord. No. 13-89 § 8]
The permit fees shall be established pursuant to the Uniform
Fire Code. They shall be as follows, unless modified by resolution
of the Ocean County Board of Chosen Freeholders and ordinance of the
Borough of South Toms River:
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Type 1
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$25
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Type 2
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$100
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Type 3
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$200
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Type 4
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$300
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Type 5
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$1,000
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[Ord. No. 15-92 § 1]
The Borough Council has determined that in addition to the inspections
and fees required and regulated by the Uniform Fire Safety Act, P.L.
1983 c. 383, the following additional inspections and fees are hereby
authorized:
A-20: Assembly uses with a maximum permitted occupancy of between
25 to 49 persons. Types of use to include assembly halls, auditoriums,
exhibition halls, museums, libraries, billiard rooms, restaurants,
club rooms, passenger stations, conference rooms, mortuary chapels
and card rooms.
A-21: Assembly uses with a maximum permitted occupancy of between
50 to 99 persons. Type of use to include the same as those set forth
in A-20 above.
A-22: Churches.
B-30: All professional and business offices with a total gross
floor space of under 25,000 square feet.
B-31: All professional and business offices with a total gross
floor space from 25,000 square feet to 49,999 square feet.
B-32: All professional and business offices with a total gross
floor space from 50,000 square feet to 99,999 square feet.
B-33: All professional and business office with a total gross
floor space of over 100,000 square feet.
E-40: All private schools, academies, college and university
buildings with a total gross floor space of under 25,000 square feet.
E-41: All private schools, academies, college and university
buildings with a total gross floor space from 25,000 to 49,999 square
feet.
E-42: All private schools, academies, college and university
buildings with a total gross floor space from 50,000 to 99,999 square
feet.
E-43: All private schools, academies, college and university
buildings with a total gross floor space over 100,000 square feet.
I-50: Industrial uses and factories of all kinds with a total
gross floor space of under 5,000 square feet.
I-51: Industrial uses and factories of all kinds with a total
gross floor space from 5,000 to 9,999 square feet.
I-52: Industrial uses and factories of all kinds with a total
gross floor space from 10,000 to 14,999 square feet.
I-53: Industrial uses and factories of all kinds with a total
gross floor space from 15,000 to 19,999 square feet.
I-54: Industrial uses and factories of all kinds with a total
gross floor space 20,000 to 49,999 square feet.
I-55: Industrial uses and factories of all kinds with a total
gross floor space from 50,000 to 74,999 square feet.
I-56: Industrial uses and factories of all kinds with a total
gross floor space from 75,000 to 99,999 square feet.
I-57: Industrial uses and factories of all kinds with a total
gross floor space over 100,000 square feet.
M-60: All mercantile wholesale and retail stores, and all service
offering facilities other than professional offices, with a total
gross floor space of under 6,000 square feet.
M-61: All mercantile wholesale and retail stores, and all service
offering facilities other than professional officers, with a total
gross floor space from 6,000 to 11,999 square feet.
R-70: Hotels, motels, dormatories, apartment buildings and houses
(other than one and two family, owner occupied dwellings which are
not classified as a Life Hazard Use) with less than 25 living units.
R-71: Hotels, motels, dormatories, apartment building and houses
(other than one and two family, owner occupied dwellings which are
not classified as a Life Hazard Use) with 25 to 49 living units.
R-72: Hotels, motels, dormatories, apartment buildings and houses
(other than one and two family, owner occupied dwellings which are
not classified as a Life Hazard Use) with 50 to 99 living units.
R-73: Hotels, motels, dormatories, apartment buildings and houses
(other than one and two family, owner occupied dwellings which are
not classified as a Life Hazard Use) with 100 to 149 living units.
R-74: Hotels, motels, dormatories, apartment buildings and houses
(other than one and two family, owner occupied dwellings which are
not classified as a Life Hazard Unit) with 150 to 199 living units.
R-75: Hotels, motels, dormatories, apartment buildings and houses
(other than one and two family, owner occupied dwellings which are
not classified as a Life Hazard Unit) with 200 to 249 living units.
R-76: Hotels, motels, dormatories, apartment buildings and houses
(other than one and two family, owner occupied dwellings which are
not classified as a Life Hazard Unit) with 250 to 299 living units.
R-77: Hotels, motels, dormatories, apartment buildings and houses
(other than one and two family, owner occupied dwellings which are
not classified as a Life Hazard Unit) with over 299 living units.
S-80: Storage buildings, warehouses and parking garages with
under 5,000 square feet of total gross floor space.
S-81: Storage buildings, warehouses and parking garages with
from 5,000 to 9,999 square feet of total gross floor space.
S-82: Storage buildings, warehouses and parking garages with
from 10,000 to 14,999 square feet of total gross floor space.
S-83: Storage buildings, warehouses and parking garages with
from 15,000 to 19,999 square feet of total gross floor space.
S-84: Storage buildings, warehouses and parking garages with
from 20,000 to 49,999 square feet of total gross floor space.
S-85: Storage buildings, warehouses and parking garages with
from 50,000 to 74,999 square feet of total gross floor space.
S-86: Storage buildings, warehouses and parking garages with
from 75,000 to 99,999 square feet of total gross floor space.
S-87: Storage buildings, warehouses and parking garages with
over 100,000 square feet of total gross floor space.
T-90: All buildings not previously classified, which are not
one or two-family dwelling units, and are under 5,000 square feet
of gross floor space.
T-91: All buildings not previously classified, which are not
one or two-family dwelling units, from 5,000 to 9,999 square feet
of gross floor space.
T-92: All buildings not previously classified, which are not
one or two-family dwelling units, from 10,000 to 14,999 square feet
of gross floor space.
T-93: All buildings not previously classified, which are not
one or two-family dwelling units, from 15,000 to 19,999 square feet
of gross floor space.
T-94: All buildings not previously classified, which are not
one or two-family dwelling units, from 20,000 to 49,999 square feet
of gross floor space.
T-95: All buildings not previously classified, which are not
one or two-family dwelling units, from 50,000 to 74,999 square feet
of gross floor space.
T-96: All buildings not previously classified, which are not
one or two-family dwelling units, from 75,000 to 99,999 square feet
of gross floor space.
T-97: All buildings not previously classified, which are not
one or two-family dwelling units, that are over 100,000 square feet
of gross floor space.
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Required Fees
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|---|---|
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A-20, E-40, I-50, M-60, R-70, S-80, T-90
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$25 per year
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B-30
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$25 per year
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A-21, B-21, E-41, I-51, M-61, R-71, S-81, T-91
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$50 per year
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B-32, E-42, I-52, R-72, S-82, T-92
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$75 per year
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B-33, E-43, I-53, R-73, S-83, T-93
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$100 per year
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E-44, I-54, R-74, S-84, T-94
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$150 per year
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I-55, R-75, S-85, T-95
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$200 per year
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I-56, R-76, S-86, T-96
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$250 per year
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I-57, R-77, S-87, T-97
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$300 per year
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A-22
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No Fee
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Where more than one additional use exists under one ownership
at a given location, the highest use shall be registered at full fee
and the subsequent use at 1/2 of the schedules fee.
[Ord. No. 3-05 § 11-4.1]
The Fire Marshall shall have the power and it shall be his duty
to provide for the designation of Fire Lanes and Fire Zones on public
and/or private property when the Fire Marshall deems such lanes to
be needed for the protection of life and property.
Upon finding that such action is necessary for the public safety,
the Fire Marshall may require the owner or owners of any shopping
center, commercial structure, place of public assembly, multiple dwelling,
industrial park, office building, hotel or motel, educational facility,
health care facility, day care facility or marina to designate "Fire
Zones" at entrances, means of egress, loading doors or access ways
to said premises and "Fire Lanes" in driveways and/or parking lots
leading from the street to the Fire Zone.
The size of the "Fire Zone" and/or "Fire Lane" shall be set
at the discretion of the Fire Marshall based upon the size and use
of the property, the recommendation of any volunteer Fire Company
and such other facts that he deems relevant. Fire zones shall be outlined
in yellow on the paved surface and shall contain within the outline
the term "Fire Zone" in yellow lettering and shall be striped with
diagonal lines also in yellow. Fire lanes shall be outlined in yellow
with the term "Fire Lane" in yellow lettering on the paved surface.
Marking the paved surface shall be provided for and maintained by
the owner or operator of the property. A diagram and specifications
demonstrating the proper manner of painting and lettering "Fire Zone"
and "Fire Lane" on paved surfaces shall be made available by the Fire
Marshall and the Borough of South Toms River during normal business
hours for public inspection. A metal "Fire Zone" or "Fire Lane" sign
shall be provided, erected and maintained by the owner and/or operator
of the property and shall be placed as directed by the Fire Marshall.
The sign shall indicate the term "Fire Zone" or "Fire Lane" and shall
be of a design and quality and lettered according to the provisions
of the State Code, and shall be approved by the Fire Marshall. The
diagram and specifications of a Fire Zone or Fire Lane sign shall
be made available by the Fire Marshall and the Borough of South Toms
River during normal business hours for public inspections. In instances
where pavement is not provided for marking, the property owner shall
submit for approval to the Fire Marshall a site plan indicating location
and dimension of the Fire Zone and/or Fire Lane and the placement
of said signs in lieu of pavement markings.
The parking of motor vehicles or otherwise obstructing a "Fire
Zone" or "Fire Lane" shall be prohibited at all times.
[Ord. No. 3-05 § 11-4.2]
It shall be unlawful to obscure from view, damage, deface, obstruct
or restrict the access to any fire hydrant or any Fire Department
connection for the pressurization of fire suppression systems, including
fire hydrants and Fire Department connections located on public or
private streets and access lanes or on private property.
[1975 Code § 11-4.3]
All owners of commercial structures and commercial uses on property
abutting any body of water shall have pumping stations constructed
at the water having a thirty-foot section of bulkhead with a depth
of water of three foot minimum at low tide. The pumping station shall
be constructed with a paved surface at the bulkhead adequate for the
use of heavy fire equipment and apparatus. It shall be the responsibility
of the owner of the commercial structures or commercial properties
to repair and maintain the pumping stations, and if the Fire Marshal
makes a determination that repairs are needed and the repairs are
not made by the owner within 60 days of notification of the need for
such repairs, the failure to make repairs will constitute a violation
of this section.
[1975 Code § 11-4.4]
No person shall at any time park a vehicle or in any other manner
obstruct any driveway or area that has been designated as hereinabove
provided as a pumping station.
[Ord. No. 3-05 § 11-4.5]
The parking of a motor vehicle within 10 feet of a fire hydrant
or otherwise obstructing a fire hydrant or Fire Department connection
shall be prohibited at all times. The above Fire Department connection
shall be designated a "Fire Zone."
[Ord. No. 3-05 § 11-4.6]
The Borough of South Toms River Police Department and the Ocean
County Fire Marshall shall have concurrent jurisdiction to enforce
the provisions of this chapter relating to Fire Lanes, Fire Zones
and blocked fire hydrants and Fire Department connections as well
as pumping stations. The Borough Police Department is authorized to
tow motor vehicles and remove all obstructions from any Fire Lane,
Fire Zone or blocked fire hydrants. All motor vehicles and other obstructions
removed pursuant to this section may be stored in a storage area approved
by the Borough of South Toms River. The cost of removal and storage
shall be charged to the owner of the vehicle or other obstruction.
[Ord. No. 3-05 § 11-4.6]
Unless another penalty is expressly provided for by New Jersey
Statute, every person or entity convicted of a violation of a provision
of this section shall be subject to a penalty of up to $1,250 per
violation.
[Ord. No. 3-05 § 1]
The Fire Marshall shall have the authority to require a key
box to be installed in an acceptable location where access to or within
any particular structure or area is difficult to obtain because of
security. The key box shall be a type approved by the Fire Marshall
and shall contain the keys necessary for the Fire Department to gain
access as required by the Fire Marshall. The operator of the premises
shall immediately notify the Fire Marshall and provide new keys anytime
a lock is changed or rekeyed and a key to that lock must be contained
in the key box. The Fire Marshall shall have the discretion to determine
what buildings or other structures shall be required to provide for
such key boxes.
[1975 Code § 11-5.1]
As used in this section:
Shall mean the burning of any structure, building, trees,
bushes, or underbrush under the supervision of State or local fire
prevention personnel.
[1975 Code § 11-5.2]
No controlled burnings shall take place within the Borough until
such time as the owner of the building, structure or lands where the
controlled burning is to take place shall secure a valid permit for
same from the proper State, County or Municipal agency as required
by Statute or ordinance.
[1975 Code § 11-5.3]
The holder of any permit referred to in subsection 14-5.2, shall notify the Mayor and Council of the time and place that the controlled burning will occur. The notice shall be given in writing at least 24 hours prior to the commencement of the controlled burning.
[1975 Code § 11-5.4]
[Ord. No. 11-2017]
The purpose of this section is to reduce the dangers and inefficiencies
associated with false alarms which require response thereto by the
Department of Police, Fire or other municipal agencies of the Borough
of South Toms River and to encourage alarm companies and property
owners to maintain the operational reliability, properly use alarm
systems, and to reduce or eliminate false alarm dispatch requests.
Additionally, this section establishes service fees and a system
of administration.
[Ord. No. 11-2017]
The provisions of this section shall apply to any person who operates, maintains or owns any alarm system having an audible signaling device or requiring a response thereto by the Department of Police, Fire or other municipal agencies. Any person having a premises protected by an alarm system shall still be responsible for the registration thereof in accordance with subsection 14-6.4.
[Ord. No. 11-2017]
As used in this section, the following terms shall have the
meanings indicated:
Means the person or persons designated by the Chief of Police
to administer the provisions of this section. He/she may also function
as the Alarm System Inspector.
Means the legal contract or agreement by and between the
alarm installation company and/or monitoring company and the alarm
user.
Means a notification to the police department that an alarm,
either manual or automatic, has been activated at a particular alarm
site.
Means a person in the business of selling, providing, maintaining,
servicing, repairing, altering, replacing, moving or installing an
alarm system at an alarm site for compensation and includes individuals
or firms that install and service alarm systems used in a private
business or proprietary facility.
Means a permit and permit number issued by the Alarm Administrator
to an alarm user which authorizes the operation of an alarm system.
Means a location served by one or more alarm systems. In
a multi-unit building or complex, each unit shall be considered a
separate alarm site if served by a separate alarm system. In a single-unit
building that houses two or more separate businesses with separate
alarm systems, each business will be considered a separate alarm site.
Means a device or series of devices which emit or transmit
an audible or remote visual or electronic alarm signal which is intended
to summon police response. The term includes hardwired systems and
systems interconnected with a radio frequency method such as cellular
or private radio signals and includes local alarm systems but does
not include an alarm installed in a motor vehicle, on one's person
or a system which will not emit a signal either audible or visible
from the outside of the building, residence or beyond, but is designed
solely to alert the occupants of a building or residence.
Means any person who has contracted for monitoring, repair,
installation or maintenance service for an alarm system from an alarm
installation company or monitoring company or who owns or operates
an alarm system which is not monitored, maintained or repaired under
agreement.
Means a class conducted for the purpose of educating alarm
users about the responsible use, operation, and maintenance of alarm
systems and the problems created by false alarms.
Means a device that controls an alarm system.
Means any device such as a bell, siren, whistle, horn, gong,
klaxon, etc. employed to call attention and which may be heard beyond
the limits of the property concerned.
Means any electronic, mechanical, or other device which,
when activated, is capable of being programmed to send a prerecorded
voice message to a law enforcement agency requesting a police dispatch
to an alarm site.
Means an alarm intended to identify the presence of an intruder
in either a business or residence.
Means the termination of a police response to an alarm site
after a dispatch request is made but before an officer's arrival
at the alarm site.
Means a check-off list provided by the Alarm Administrator
to the alarm installer to provide to the alarm user to complete prior
to the activation of an alarm system.
Means a silent alarm system signal generated by the entry
of a designated code into an arming station in order to signal that
the alarm user is being forced to turn off the system and requires
an officer's response.
Means an attempt by the monitoring company, or its representative,
to contact the alarm site and/or alarm user and/or the alarm user's
designated representatives by telephone and/or other electronic means,
whether or not actual contact with a person is made, to determine
whether an alarm signal is valid before requesting a police dispatch,
in an attempt to avoid an unnecessary alarm dispatch request. For
the purpose of this section, 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
themselves to determine whether an alarm signal is valid before requesting
an officer dispatch. Names and numbers of those contacted or attempted
to contact shall be provided when requested.
Means an alarm dispatch request to the Police Department
which results in the responding officer finding no evidence of a criminal
offense or attempted criminal offense after completing an investigation
of the alarm site. This includes any alarm activated by inadvertence,
negligence or the unintentional act of someone other than an intruder
and includes alarms caused by the malfunctioning of the alarm device
or other relevant equipment.
Means a silent alarm signal generated by the manual activation
of a device intended to signal a robbery in progress.
Means an unmonitored alarm system that annunciates an alarm
only at the alarm site.
Means the process by which a monitoring company receives
signals from an alarm system and relays an alarm dispatch request
to the Police Department.
Means a person in the business of providing monitoring services.
Means the manual activation of a silent alarm signal by entering
a code that adds one number to the last digit of the normal arm/disarm
code (e.g., normal code = 1234, one plus duress code = 1235).
Means an alarm system signal generated by the manual activation
of a device intended to signal a life threatening or emergency situation
requiring an officer's response.
Means a unique individual number assigned to an alarm user
as part of the registration of their alarm permit issued by the Police
Department.
Means an individual, corporation, limited liability company,
partnership, association, organization or similar entity.
Means the Borough of South Toms River Police Department.
Means an alarm system that produces a temporary disability
or sensory deprivation through use of chemical, electrical, sonic
or other means, including use of devices that obscure or disable a
person's vision.
Means a person capable of appearing at the alarm site upon
request who has access to the alarm site, the code to the alarm system
and/or the authority to approve repairs to the alarm system.
Means 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 is in progress and
that a person is in need of immediate police assistance in order to
avoid bodily harm, injury or death. The term has the same general
meaning as "Holdup Alarm or Duress Alarm."
Means the ANSI - American National Standard Institute-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 the incidence of false alarms. Control
panels built and tested to this standard by Underwriters Laboratory
(UL), or other nationally recognized testing organizations are marked
as follows:
"Design evaluated in accordance with SIA CP-01 Control Panel
Standard Features for False Alarm Reduction."
Means the termination of police response to alarms at a specified
alarm site as a result of false alarms or other violation of this
alarm section.
Means a division of devices into which an alarm system is
divided to indicate the general location from which an alarm system
signal is transmitted.
[Ord. No. 11-2017]
a.
Administration; Funding; Increases in fees; Annual Evaluation.
1.
Responsibility for administration of this section is vested with
the Chief of Police.
2.
The Chief of Police shall designate an Alarm Administrator to carry
out the duties and functions described in this section.
3.
The fees set forth in this section may only be increased by a duly-adopted
resolution of the Borough Council. For purposes of this subsection,
"fees" include any type or class of fee and includes late fees.
4.
The Alarm Administrator shall conduct an annual evaluation and analysis
of the effectiveness of this section and identify and implement system
improvements as warranted.
b.
Alarm Permits Required; Terms; Fees and Fee Collection.
1.
A person, firm or corporation who desires to own or operate an alarm
system shall make application in writing to the Chief of Police on
the form provided by the Department. An alarm user shall not operate,
or cause to be operated, any alarm system without a valid alarm permit.
A separate alarm permit is required for each alarm site having a distinct
address or business name. A permit fee including a completed alarm
permit application shall be received and approved by the Alarm Administrator
prior to any alarm system activation.
2.
Owners of local alarm systems are required to adhere to all subsections
of this section and are subject to all fees, service fees, suspensions,
penalties or other requirements that are applicable.
3.
The fee for a new initial alarm permit and an alarm permit renewal
fee shall be collected by the Alarm Administrator.
4.
Existing Security Alarm Systems:
(a)
Any security alarm system which has been installed before the
effective date of this section shall be registered and a permit fee
collected by the Alarm Administrator within 60 days after such effective
date. The alarm agreement holding company shall provide, in a format
approved by the Alarm Administrator, an alarm user list of existing
alarm users in the Borough, including name, address, billing address,
telephone number and the telephone number of the law enforcement agency
that they have listed to call to report an alarm for that alarm site
to the Alarm Administrator.
(b)
The alarm agreement holding company may through a mutual written
agreement have another alarm company provide the alarm user's
list.
(c)
Failure to comply within 30 days after being notified in writing
from the Alarm Administrator will result in a fee of $50 per business
day until the alarm agreement holding company complies with this requirement.
5.
New Security Alarm Systems:
(a)
Any alarm installation company that installs a security alarm system on premises located within the Borough limits of the Borough of South Toms River shall notify the Alarm Administrator that a security alarm system has been installed and send the Alarm Administrator the required information as listed in the alarm permit application subsection 14-6.4 including the appropriate registration permit fee collected from the alarm user.
(b)
Failure of an alarm installation company to notify the Alarm
Administrator of a new security alarm system installation prior to
the system's activation shall result in a $100 fee to the alarm
installation company.
(c)
The initial alarm permit registration fee must be submitted
to the Alarm Administrator at the same time as the registration application
or an alarm system takeover.
(d)
It shall be the responsibility of the alarm user to forward
to the Alarm Administrator the completed application within seven
days of installation.
c.
Alarm Registration, Permit and Renewal Fees.
1.
Beginning January 1, 2018, an alarm registration shall expire on
December 31st of the year in which issued and must be renewed annually
by the alarm user by submitting an updated application and a permit
renewal fee. The Alarm Administrator shall notify the alarm user of
the need to renew their permit 30 days prior to the expiration of
the registration. It is the responsibility of the alarm user to submit
the updated information and renewal fees prior to the registration/renewal
expiration date. Failure to renew shall be classified as use of a
non-registered security alarm system and subject the alarm site to
a suspension and late fees.
2.
Registration permit fees shall be collected annually beginning January
1, 2018 and will be based on a one-year permit period. Said period
will run from January 1st through December 31st of each year. Permit
and renewal fees are as follows:
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Residential
|
$25
|
|
Commercial
|
$50
|
3.
Late fee. Alarm users who fail to make payment for an alarm permit
prior to the registration expiration date will be assessed a late
fee in the amount of $10.
4.
Refunds. No refund of a permit or permit renewal fee will be made.
5.
Any alarm installation company that installs or activates an alarm
system on premises within the Borough after the effective date of
this section (adopted 11-27-2017 by Ord. No. 11-2017) shall have the
alarm user complete a customer false alarm prevention checklist and
the installer shall complete an alarm installer checklist. The alarm
installation company shall keep on file the completed checklist for
up to one year after the activation of the alarm system. Failure to
complete the required checklists shall result in a $100 administrative
fee per incident against the alarm installation company.
6.
Upon receipt of a completed alarm permit application form and the
alarm permit fee, the Alarm Administrator shall issue a permit or
permit renewal to the applicant unless:
(a)
The applicant has failed to pay any fee assessed under this
section; or
(b)
An alarm permit for the alarm site has been suspended, and the
condition causing the suspension has not been corrected; or
(c)
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 alarm permit.
7.
Upon receipt of the permit application form and fee, the Alarm Administrator
shall issue a permit and permit number to the alarm user which will
be valid through December 31st of the year issued if the Alarm Administrator
is satisfied that the registration information is complete and that
the alarm system will be operated in conformance to this section.
Renewal permits are valid for a one-year period beginning January
1st and ending December 31st.
8.
Permit Number. A valid permit number for the alarm site is required
for each request for a burglar alarm dispatch. A burglar alarm request
without a valid permit number may not be accepted for a police dispatch.
9.
Exceptions:
(a)
Government entities, including but not necessarily limited to
the Borough of South Toms River, County, State, Federal and the school
district, must obtain permits for all alarm systems on property under
their control within the corporate boundaries of the Borough of South
Toms River but are exempt from payment of permit and renewal fees.
(b)
All permit fee exempted alarm sites stated in paragraph (a)
above are required to obtain and renew a valid alarm permit for Police
response and may be subjected to all other fees and suspension enforcement.
d.
Permit Application: Contents.
1.
An application for an alarm permit must be on a form provided by
the Borough of South Toms River Police Department and must contain
the following information:
(a)
The name, complete address, including apartment or suite number,
and telephone numbers of the person who will be the holder of the
permit and be responsible for the proper maintenance and operation
of the alarm system and payment of fees assessed under this section;
(b)
The physical address and classification of the alarm site as
either residential (includes apartment, condo, mobile home, etc.)
or commercial;
(c)
The classification of the alarm system (i.e. burglary, fire,
holdup, duress, panic alarm or other) for each alarm system located
at the alarm site, and, for each classification, whether the alarm
is audible or silent;
(d)
The applicant's mailing address, if different from the
address of the alarm site;
(e)
Any dangerous or special conditions present at the alarm site
such as guard dogs or any type of alarm system that is rigged to produce
a temporary disability or sensory deprivation through use of chemical,
electrical, sonic or other means, including use of devices that obscure
or disable one's vision;
(f)
A written notice from the alarm user setting forth the following:
(1)
The date of installation, conversion or takeover of the alarm
system, whichever is applicable;
(2)
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;
(3)
The name, address, and telephone number of the monitoring company
if different from the alarm installation company;
(4)
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; and
(5)
That the alarm installation company has trained the applicant
in proper use of the alarm system, including instructions on how to
avoid false alarms.
(g)
An acknowledgement that the Police response may be influenced
by factors including, but not limited to; the availability of officers,
priority of calls, traffic conditions, weather conditions, emergency
conditions, prior alarm history, administrative actions and staffing
levels.
e.
Transfer of Permit Prohibited.
1.
An alarm permit cannot be transferred to another person or alarm
site. An alarm user shall inform the Alarm Administrator of any change
to the information listed on the alarm permit application within 10
business days after such change.
2.
Exceptions may be made in the discretion of the Alarm Administrator
when the transfer proposed is among members of the family of the original
permit holder or successors in interest to the property for which
the permit has been issued.
f.
Duties of Alarm Users.
1.
An Alarm User shall:
(a)
Maintain the alarm site and the alarm system in a manner that
will minimize or eliminate false alarms;
(c)
Provide your alarm company with the updated names and telephone
numbers of at least two individuals who are able and have agreed to:
(d)
Not activate an alarm system for any reason other than an occurrence
of an event that the alarm system was intended to report.
2.
No Person shall operate or cause to be operated any automatic dialing
device which, when activated, uses a telephone device or attachment
to automatically dial a telephone line leading into the Police Department
or the Borough and then transmit any pre-recorded message or signal.
An administrative fee of $100 per incident will be assessed.
3.
An alarm user shall keep a set of written operating instructions
for each alarm system at each alarm site.
4.
All alarm users shall agree with their alarm installation company
or monitoring company to go through an "acclimation period" for the
first seven days after activation of a burglar alarm system, during
which time the alarm installation company or monitoring company will
have no obligation to respond to, nor will it respond to, any alarm
signal from the alarm site, or make an alarm dispatch request to the
police, even if the alarm signal is the result of an actual alarm
event. Exceptions to the "acclimation period" of non-response can
be made by the Police Department in special circumstances, including
but not limited to, domestic violence and stalking.
5.
An alarm user should have an alarm installation company inspect the
alarm system after two false alarms in their one-year permit period
to modify the alarm system to be more false alarm resistant or provide
additional user training as appropriate.
g.
Audible Alarms; Restrictions, Disconnects.
1.
After the effective date of this section (adopted 11-27-2017 by Ord.
No. 11-2017) no one shall install, modify or repair an alarm system
in the Borough of South Toms River that has a siren, bell or other
signal that is audible from any property adjacent to the alarm site
that sounds for longer than 15 consecutive minutes after the alarm
is activated or that repeats the 15 minute audible cycle more than
three consecutive times during a single armed period. An administrative
fee of $100 per incident will be assessed.
2.
Audible alarm systems may be disconnected by the Borough of South
Toms River through the use of any means reasonable and necessary if
the alarm does not automatically shut off as described in paragraph
1 above. The Borough or its employees or agents shall not be responsible
or liable for damage resulting from such disconnection.
h.
Duties of Alarm Installation Companies and Monitoring Companies.
1.
Each alarm installation company and alarm monitoring company must
designate one individual as the alarm response manager (ARM) for the
company. The individual designated as the ARM must be knowledgeable
of the provisions of this section, as well as have the knowledge and
authority to deal with false alarm issues and respond to requests
from the Alarm Administrator. The name, contact number, and email
address of the ARM shall be provided to the Alarm Administrator.
2.
Alarm Installation Companies shall:
(a)
Upon the installation or activation of an alarm system, the
alarm installation company shall distribute to the alarm user information
summarizing:
(b)
After the effective date of this section (adopted 11-27-2017
by Ord. No. 11-2017), alarm installation companies shall not program
alarm systems so that they are capable of sending One Plus Duress
Alarms. Monitoring companies may continue to report One Plus Duress
Alarms received from alarm systems programmed with One Plus Duress
Alarms installed prior to the effective date of this section.
(c)
Upon the effective date of this section (adopted 11-27-2017
by Ord. No. 11-2017), alarm installation companies shall not install,
modify or repair "single action" devices for the activation of holdup,
robbery or panic alarms. New devices shall require two actions or
an activation delay to provide more positive assurance that the user
intends to activate the device. No single action "key-fobs" devices
are allowed.
(d)
Ninety days after the effective date of this section, an alarm
installation company shall, on new installations, use only alarm control
panel(s) which meet ANSI/SIA CP-01- Control Panel Standard - Features
for False Alarm Reduction.
(e)
An alarm company shall not use an automatic voice dialer for
any alarm system which, when activated, uses a telephone device or
attachment to automatically dial a telephone line leading into the
Police Department or the Borough and then transmit any pre-recorded
message or signal. An administrative fee of $100 per incident shall
be assessed.
(f)
After completion of the installation of an alarm system, an
employee of the alarm installation company shall review with the alarm
user the Customer False Alarm Prevention Checklist or an equivalent
checklist approved by the Alarm Administrator. The installer shall
complete the Alarm Installer Checklist.
(g)
Ensure that all alarm users of alarm systems equipped with a
duress, robbery, holdup or panic alarm has been provided adequate
training as to the proper use of the alarm. Panic alarms shall be
set to have an audible alarm upon activation.
(h)
Each installation company must maintain, for a period of at
least one year after the date of installation or activation of an
alarm system both the completed Alarm Installer Checklist and the
Customer False Alarm Prevention Checklist. The Alarm Administrator
may request copies of such records for any individual alarm user.
The company shall provide the requested records within five business
days. Failure to comply with this subsection will incur a $50 service
fee.
3.
A Monitoring Company shall:
(a)
A monitoring company shall not make an alarm dispatch request
to a burglar alarm signal during the first seven-day "acclimation
period" after a burglar alarm system installation or activation. Exceptions
to the "acclimation period" of non-response can be made by the Police
Department in special circumstances, including but not limited to
domestic violence and stalking.
(b)
Report alarm signals by using telephone numbers designated by
the Alarm Administrator.
(c)
Employ Enhanced Call Verification on all burglar alarms. The
Borough of South Toms River Police Department may refuse to accept
an alarm dispatch request from a monitoring company that has failed
to comply with the procedures required by enhanced call verification.
(d)
Communicate alarm dispatch requests to the Police Department
in a manner and form determined by the alarm administrator.
(e)
Communicate cancellations to the Police Department in a manner
and form determined by the Alarm Administrator.
(f)
Communicate any available information (north, south, front,
back, door, window etc.) about the location of an alarm signal(s)
as part of an alarm dispatch request.
(g)
Communicate the type of alarm activation (silent or audible,
interior or perimeter), if available, on any alarm dispatch request.
(h)
Notify dispatch of any alarm site that it knows, or reasonably
should know has guard dog(s) or is fitted with a protective-reactive
device. During any alarm at such a site, a responsible party must
be contacted and confirm that he or she will respond to the alarm
site to disarm the device or take control of the guard dog(s). In
all cases where a guard dog or a protective-reactive device is present
at an alarm site, the Police dispatch request shall include a warning
for officers not to enter the alarm site until the responsible party
is present and has disarmed the device or taken control of the guard
dog(s).
(i)
{{(i) }}After an alarm dispatch request, promptly
advise the Police Department if the monitoring company knows that
the alarm user or a responsible party is on the way to the alarm site.
(j)
Each monitoring company must maintain, for a period of at least
one year after the date of an alarm dispatch request, all records
relating to the alarm dispatch request. Records must include the name,
address and telephone number of the alarm user, each alarm system
zone activated, the time of alarm dispatch request and evidence of
all attempts to verify. The Alarm Administrator may request copies
of such records for any individual alarm user. Failure to comply with
this subsection will incur a $50 service fee per incident.
(k)
Each monitoring company shall, upon request, immediately provide
the Police Department with the names and phone numbers of the alarm
user's emergency contacts at the time of each alarm dispatch
request.
(l)
Conversion of alarm users. An alarm installation company or
monitoring company that converts the servicing of any alarm system
account from another company shall notify the Alarm Administrator
of such conversion and shall provide to the Alarm Administrator, within
30 days from the date of conversion, an alarm user list of the converted
accounts, in a format acceptable to the Alarm Administrator, that
includes the following:
(m)
The customer lists described in subsection (1) above are proprietary
and confidential information and will not be released to anyone absent
a court order.
(n)
Failure to provide alarm user lists to the Alarm Administrator,
as required in paragraph (1) above, will result in a fee of $50 per
business day until the alarm installation company or monitoring company
complies with the requirement.
(o)
Disconnected alarm users. An alarm installation company or alarm
monitoring company that holds the alarm agreement shall notify the
Alarm Administrator by the 15th day of each month of all their alarm
customers within the Borough of South Toms River that have discontinued
their alarm service with the company in the previous month. Failure
to comply can result in an administrative fee of $50 per incident.
i.
Duties and Authority of the Alarm Administrator.
2.
The Alarm Administrator shall establish a procedure to acquire and
record information on alarm dispatch requests including the following
information; i.e. the CAD entry shall include:
(a)
Identification of the alarm site by address, (apartment number,
unit number, suite number) and business name or last name;
(b)
The date and time alarm dispatch request was received, including
the name of the monitoring company and the monitoring operator's
name or number;
(c)
Date and time of an officer's arrival at the alarm site;
(d)
The alarm zone(s) and zone description;
3.
The Alarm Administrator shall establish and implement a procedure
to notify the alarm user of a false alarm. The notice shall include
the following:
4.
The Alarm Administrator may require that a conference be held with
an alarm user and the alarm installation company or monitoring company
responsible for repairing or monitoring of the alarm system to review
the circumstances of each false alarm. The conference may be held
in person or through a conference telephone call at the Alarm Administrator's
discretion. Failure to participate may result in suspension of the
alarm permit.
5.
The Alarm Administrator may establish an alarm user awareness class.
The Alarm Administrator may request the assistance of associations,
alarm companies and law enforcement agencies in developing and implementing
the class. The class shall inform alarm users of the alarm ordinance,
problems created by false alarms and teach alarm users how to avoid
creating false alarms.
6.
If a false robbery, holdup or panic alarm has occurred and the alarm
was triggered using a single action, non-recessed device, the Alarm
Administrator may consider a waiver or partial waiver of the false
alarm fee, if action is taken by the alarm user to remove or replace
the single action, non-recessed device.
7.
The Alarm Administrator will make a copy of this ordinance and/or
an ordinance summary sheet available to each alarm user.
j.
False Alarm fees; Service Fees; Late Fees.
1.
False Alarm Service Fees. An alarm user shall pay the following fees
to the Alarm Administrator for police response to any false alarm
during their one-year permit period:
|
False Alarm Service Fees:
|
1
|
—
|
Complimentary
|
|
2 & 3
|
—
|
$50 Service Fee
| |
|
4 & 5
|
—
|
$100 Service Fee
| |
|
6+
|
—
|
$150 Service Fee
|
2.
If a false alarm fee is not paid within 30 days after the invoice
is mailed, a late fee in the amount of $20 will be imposed.
3.
Fees for False Alarms by Non-permitted Alarm Systems: In addition
to the fees set forth in paragraphs j.1 and 2, a supplemental fee
is hereby imposed upon any person operating a non-permitted alarm
system in the amount of $100 for each false alarm.
4.
Where the investigation of the Police Department discloses a disregard
of the permittee for taking remedial steps to avoid false alarms and/or
the failure of the permittee to pay any administrative charge, the
Chief of Police or his designee reserves the right to require disconnection
provided that no such permit shall be revoked or suspended without
giving the permittee the opportunity to appeal said decision. In addition,
if any person fails to pay any administrative charge within 30 days
of the notification of said charge to any person, a summons may be
issued for a violation of this section.
5.
Any unauthorized equipment may be required to be disconnected by
the Chief of Police or his designee for non-compliance with this section;
and any person installing or maintaining unauthorized equipment shall
be prosecuted for violation of this section; and each and every day
said equipment is in operation shall be considered a separate violation.
Any permittee shall, by acceptance of the permit, be deemed as having
consented to inspection of the premises on which said alarm devices
are installed at reasonable hours by the Chief of Police or his designee.
6.
Any monitoring company requesting an alarm dispatch request for a
non-permitted alarm system shall pay an administration fee of $100
per incident. If the fee is not paid within 30 days after the invoice
is mailed, a late fee in the amount of $25 is hereby imposed on the
monitoring company.
7.
If cancellation of police response occurs prior to the Police Officer's
arrival at the alarm site, the response is considered a false alarm
and any applicable fee(s) will be assessed. The police cannot and
will not cancel once notified by a monitoring/alarm company of an
activated alarm.
8.
The alarm installation company shall be assessed a fee of $100 if
the officer responding to the false alarm determines that an on-site
employee of the alarm installation company directly caused the false
alarm. Such false alarms are not included in the total number of false
alarms for the alarm user.
9.
A fee of $100 is hereby imposed against any monitoring company that
fails to verify alarm system signals as required in paragraph h, 3(c).
10.
A fee in the amount of $200 is hereby imposed against an alarm installation
company if the Alarm Administrator determines that an employee of
the alarm installation company knowingly made a false statement concerning
the inspection of an alarm site or the performance of an alarm system.
11.
Notice of the right of appeal under this ordinance will be included
with notice of any fee.
12.
All registration fees, renewal registration fees, service fees or
fines assessed under this section are due within 30 days of written
notice unless otherwise noted. A late fee of $10 shall be assessed
for each individual registration fee due, and a late fee of $20 for
each individual false alarm fee due, that are not paid within 30 days.
13.
Municipal agencies of the Borough of South Toms River including but
not limited to Borough of South Toms River Sewerage Authority, the
Borough of South Toms River School District and the Borough of South
Toms River Fire and First Aid Squads shall be exempted from the provisions
of this subsection.
14.
In compliance with Borough of South Toms River Ordinance No. 11-2017,
all active volunteer first aid squad and fire company members within
the Borough of South Toms River shall be exempt from alarm registration
fees. The Alarm Administrator shall be provided with a list of same
on the first of January of each year.
k.
Notice to Alarm Users of False Alarms and Suspension of Police Response.
l.
Appeals of Determinations Regarding Alarm Permits and Fees.
1.
If the Alarm Administrator assesses a fee, suspends an alarm permit
or denies the issuance, renewal or reinstatement of an alarm permit,
the Alarm Administrator shall send written notice of the action to
the affected applicant, alarm user, alarm installation company or
alarm monitoring company.
2.
The applicant, alarm user, alarm installation company or alarm monitoring
company may appeal any action described in (1) above to the Chief
of Police or designee by setting forth in writing the reasons for
the appeal and delivering the appeal to the Chief of Police or designee
within 20 business days after receipt of notice of the action. Failure
to deliver the appeal within that time period is a waiver of the right
to appeal.
3.
The procedure for an appeal to the Chief of Police or designee is
as follows:
(a)
The applicant, alarm user, alarm installation company or monitoring
company may file a written request for appeal to the Police Department
setting forth the reasons for the appeal.
(b)
The Chief of Police or designee shall consider the evidence
submitted by the appealing party and the alarm administrator. The
Chief of Police or designee must base the decision on the preponderance
of evidence and must render a decision within 15 days of receipt of
the written appeal. The decision shall affirm or reverse the decision
or action taken by the Alarm Administrator.
(c)
Filing of an appeal stays any action by the Alarm Administrator
to suspend an alarm permit or require the payment of a fee until the
appeal process has been exhausted. This provision applies only to
the action of the Alarm Administrator that is the subject of the appeal.
This provision does not operate as a bar to enforcement action on
violations of this section that occur thereafter.
(d)
The decision of the Chief of Police is final with regard to
any appeal.
4.
The Alarm Administrator or the Chief of Police, or their respective
designees, may adjust the count of false alarms or assessed fees based
on:
(a)
Evidence that a false alarm was caused by action of a communications
services provider (i.e. telephone, cellular, cable company);
(b)
Evidence that a false alarm was caused by a power outage or
severe weather such as a tornado or earthquake:
(c)
Evidence that an alarm dispatch request was not a false alarm;
(d)
The occurrence of multiple alarms within in a twenty-four-hour
period, which may be considered as one false alarm if the alarm user
has taken corrective action unless the false alarms are directly caused
by the alarm user.
5.
The Alarm Administrator may waive all of a false alarm fee or a partial
part of the fee due to extenuating circumstances or to encourage corrective
action.
6.
On review of fees assessed to an alarm installation company or monitoring
company, the Alarm Administrator, or, if appealed, Chief of Police,
or designee, may consider whether the alarm installation company or
monitoring company has engaged in a consistent pattern of violations.
m.
Reinstatement of Suspended Alarm Permits.
1.
On the first suspension of a permit, a person whose alarm permit
has been suspended may obtain reinstatement of the permit by the Alarm
Administrator if the person:
(a)
Submits a new application and pays a $50 reinstatement fee;
(b)
Pays, or otherwise resolves, all outstanding fees and penalties;
(c)
Submits a written notice from an alarm installation company
stating that the alarm system has been inspected and repaired (if
necessary) by the alarm installation company;
2.
On the second and every subsequent suspension of a permit, reinstatement
may be obtained by compliance with paragraph 1 above and compliance
with any of the following conditions that the Alarm Administrator
may require:
(a)
Proof that an employee of the alarm installation company or
monitoring company caused the false alarm.
(b)
Upgrade the alarm control panel to meet SIA Control Panel Standard
CP-01.
(c)
A written statement from an independent inspector designated
by the Chief of Police or his designee that the alarm system has been
inspected and is in good working order.
(d)
Confirmation that all motion detectors are properly configured.
(e)
Confirmation that the alarm system requires two independent
zones to trigger before transmitting an alarm signal to the monitoring
company.
(f)
Confirmation that the alarm system requires two independent
detectors to trigger before transmitting an alarm signal to the monitoring
company.
(g)
Certification that the monitoring company will not make an alarm
dispatch request unless the need for an officer is confirmed by a
listen-in device. This condition does not apply to residential property.
(h)
Certification that the monitoring company will not make an alarm
dispatch request unless the need for an officer is confirmed by a
camera device. This condition does not apply to residential property.
(i)
Certification that the monitoring company will not make an alarm
dispatch request unless the need for an officer is confirmed by a
person at the alarm site.
3.
The Police Department shall reinstate its response to an alarm site
as soon as is practicable after receiving notice of reinstatement
from the Alarm Administrator. The alarm user and monitoring company
shall take notice that the alarm site has been officially reinstated
only after receiving notice from the Alarm Administrator of that fact.
n.
Suspension of Police Response to an Alarm Site.
1.
The Chief of Police or designee may suspend police response to an
alarm site if it is determined that:
(a)
There is a violation of this section by the alarm user; and/or
(b)
There is a false statement of a material fact in the application
for a permit; and/or
(c)
The permitted alarm system has generated more than six false
alarms during any permit period; and/or
(d)
The alarm user has failed to pay an alarm permit fee or late
fee, a late renewal fee or any fee assessed under this section, more
than 30 days after the fee is due. This applies to all classifications
of alarms including burglary, panic, duress, holdup and robbery.
(e)
The Police may not respond to any alarm where the alarm site
is under suspension of police response.
2.
Actions made pursuant to this section are not subject to administrative
review.
3.
The Chief of Police or designee may, for good cause shown, reinstate
police response that has been suspended pursuant to this subsection.
o.
Police Department Response.
1.
The Police Department will respond to all "in progress" robbery,
panic or burglar alarms as promptly as possible, taking into account
pending calls for service and any policy establishing priority of
dispatched calls following notification of the receipt of the alarm
from the monitoring company. Police supervisors may cancel police
response to any or all alarms based on weather or other factors affecting
police service needs.
2.
The Chief of Police or designee may re-prioritize assignment of burglar
alarms and response time at any time during a twenty-four-hour period
as may be necessary due to the service needs of the community.
p.
Confidentiality of Alarm Information. All information contained in
documents gathered through alarm registrations, the submission of
customer lists and in the alarm appeal process must be held in confidence
by all employees of the Alarm Administrator and the Borough of South
Toms River. Such information is proprietary and is hereby declared
confidential and not a public record. Absent special circumstances,
such information must not be released to the public or any person
other than a law enforcement agency, third party administrator or
the applicable alarm user, alarm installation company or alarm monitoring
company except pursuant to court order.
q.
Scope of Police Duty; Immunities Preserved. The issuance of alarm
permits or alarm registration is not intended to nor does it create
a contract between the Police Department and/or the Borough of South
Toms River and any alarm user, alarm installation company or monitoring
company, nor does it create a duty or obligation, either expressed
or implied, on the Police Department to respond to any alarm. Any
and all liability and consequential damage resulting from the failure
of the Police Department to respond to an alarm dispatch request is
hereby disclaimed and full governmental immunity as provided by law
is retained. By applying for an alarm permit, the alarm user acknowledges
that the Police Department response is influenced by the availability
of officers, priority of calls, traffic conditions, weather conditions,
emergency conditions, staffing levels, prior response history and
administrative actions.
[Ord. No. 11-2017]
The provisions of this section are severable. If a court determines
that a word, phrase, clause, sentence, paragraph, subsection, section,
or other provision is invalid or that the application of any part
of the provision to any person or circumstance is invalid, the remaining
provisions and the application of those provisions to other persons
or circumstances are not affected by that decision. Ordinances in
conflict herewith are hereby repealed to the extent of such conflict.
[Ord. No. 11-2017]
When violations of the provisions of this section exist, the Borough of South Toms River Police Department reserves the right to issue a summons to said violator. When a penalty is not otherwise provided in this section, any person, firm or corporation found guilty in the Municipal Court of violating the terms of this section shall be subject to a penalty as provided in Section 1-5 of the Borough Code.
