[HISTORY: Adopted by the Mayor and Council of the Borough of Norwood as Sec. 4-4 of the Revised General Ordinances. Amendments noted where applicable.]
The purpose of this chapter is to provide standards and regulations for various types of local alarms, intrusion, burglar, fire and other emergency alarm devices whether by direct line radio, telephone or other means actuating a device at police headquarters and requiring response thereto by the Police Department, Fire Department or other municipal agencies of the Borough of Norwood.
The provisions of this chapter shall apply to any person who operates, maintains or owns any alarm device or local alarm designed to summon the police, Fire Department or other municipal agencies to any location in response to any type of alarm signal. The forms of this chapter shall in no way prohibit alarm companies from providing service by private source to other offices within or without the borough so long as such activity is not connected to an alarm console, except, however, that any person having a premises protected by an alarm device shall be responsible for registration thereof in accordance with § 73-4B without fee.
As used in this chapter, the following terms shall have the meanings indicated:
ALARM CONSOLE
The console or control panel of devices producing a visual or audio response or both and located within the municipal building of the borough.
ALARM DEVICE
Any device or mechanism used or designated for detection and warning of unauthorized entry, fire smoke, flood or other perils, but specifically excluding local alarm mechanism located entirely within enclosed residential buildings.
ALARM INSTALLATION
Any alarm device or aggregate of alarm devices installed on or within a single building or on or within more than one building or other structure on a common site, at a specific location.
BURGLARY ALARM
Any police device actuated by a burglary, robbery or theft at a specific location.
CENTRAL ALARM STATION
Any facility operated by a private firm that owns or leases a system of emergency alarm devices, which facility is manned at all times by trained operators employed to receive, record and validate alarm signals and to relay information concerning such validated signals to the police or fire dispatch room.
DIAL ALARM
Any alarm device which automatically or electronically selects a telephone trunkline of the Police or Fire Department of the borough and then delivers a signal or reproduces a prerecorded message to report a criminal act or other emergency.
DIRECT ALARM
Any alarm device connected directly by leased telephone wires from a specific location to the radio dispatch room at the municipal building.
FALSE ALARM
Any signal or message received by the Police or Fire Department and to which either or both respond, which signal or message was directly or indirectly brought about or produced by an alarm device of any type but not the result of criminal activity or other emergency and not created by malfunction of the alarm console within the building.
LICENSEE
Any private individual, partnership, corporation or firm which is authorized by license of the municipality to maintain and operate the alarm console, except for use by the Police and Fire Department.
LOCAL ALARM
Any alarm device which when actuated produces an audible or visible signal designed to notify persons within audible or visible range of the signal that a criminal act or other emergency is occurring or has occurred.
MUNICIPALITY
The Borough of Norwood or any department, agency or officer duly authorized to act on behalf of the municipality.
PERMITTEE
Any private individual, partnership, corporation or firm which holds a permit from the municipality to use an alarm device on premises owned or leased by it.
A. 
Except as hereinafter provided it shall be unlawful for any individual, partnership, corporation or firm to operate or maintain an alarm device as defined by this chapter without obtaining a valid permit. Said permit shall be obtainable through the Chief of Police upon payment of a fee of $25 made payable to the Borough of Norwood.
B. 
Any person who owns, operates or maintains an alarm device or devices shall make application to the Chief of Police of the Borough of Norwood for a permit therefor on forms supplied by the Police Department. The application shall specify the name, address and telephone number of the owner and user of the alarm installation, the exact location of the alarm device or devices, the name and address of the installer of said device, the type of device, the name and address of the individual of the firm regularly servicing said alarm device, if any, provision relating to false alarm and testing procedures, a list of names and addresses of persons to be contacted in the event of an alarm and other information relating to the alarm device reasonable required by the Chief of Police, and a consent form to be signed by such person or persons as a prerequisite for a permit to be issued, which consent form shall authorize the Police Department, Fire Department or their duly authorized and designated representative to disconnect any alarm device by whatever means possible and without any liability by the said Police Department, Fire Department or their duly authorized and designated representatives to such person for damage, upon violation of the false alarm provisions of this chapter.
C. 
Applications for a permit must be filed within 60 days after the effective date of this chapter.
D. 
The Chief of Police is the designated official of the municipality to issue and renew permits, to remove or suspend permits and to otherwise enforce and apply the provisions of this chapter.
E. 
An application for a permit or permit renewal may be denied by the Chief of Police in the event he disapproves of the equipment intended to be used or continued by the applicant, or the manner of use thereof, or if the applicant has violated any other provisions of this chapter.
F. 
All permits as may be granted hereunder shall be accepted upon the express conditions that:
(1) 
The permittee shall defend, indemnify and save harmless the municipality and its authorized officials, agents and employees from and against any and all damages, costs, expense and liability arising out of the acts or failure to act of the municipality, the alarm console licensee, permittee, alarm contractor or any one or more of them, or arising out of any defects, deficiencies or inadequacies in any alarm device or devices for which a permit has been granted or in any installation, monitoring or maintenance thereof, or by reason of any malfunction or defect in the operation or maintenance of the alarm console.
(2) 
The permittee shall comply with all other provisions of this chapter.
A. 
There is hereby established a police alarm console license which shall be granted upon recommendation of the Chief of Police as set forth in § 73-4. Any such licensee shall have exclusive use and control of the alarm console except for use by the Police Department of the borough, and such licensee will be responsible at no cost to the Borough of Norwood for the establishment, construction and installation of a console containing equipment and being of a design approved by the Chief of Police and for the care, maintenance and management thereafter of the console. The licensee shall locate the console and relocate the console, if necessary, under the supervision of the Chief of Police of the borough at no cost to the borough.
B. 
Any connection to the police alarm console shall be of a type inspected and approved by the Chief of Police of the borough or his designated representative, and any person aggrieved by his decision may appeal that decision in writing within 10 days to the Mayor and Council.
C. 
All alarms existing as of the date of the adoption of this chapter (except dial alarm) shall be connected hereunder to the alarm console by the licensee, and no connection cost for such transfer shall be permitted.
D. 
The licensee for the police alarm console shall be permitted to charge subscribers a maximum installation fee of $50 and a maximum monthly retainer or maintenance fee of $7, except, however, that no fee shall be charged to the Borough of Norwood or the Board of Education of the Borough of Norwood for monthly charges or console connection charges for any existing or future systems in public buildings, and any equipment or alarm devices installed by the alarm console licensee in such public buildings shall be at wholesale cost exclusive of labor charges.
E. 
The licensee shall install initially an annunciator or display console having no less than 250 zones available for present systems and future connections, which console shall be approved by the Underwriters' Laboratories.
F. 
Except as provided in § 73-6, any license issued hereunder shall be for a term of three years from the date of approval by the Mayor and Council of the borough; such licensee shall post with the Borough Clerk a performance bond in the amount of $5,000 noncancelable without notification to the Mayor and Council guaranteeing performance for three years of the obligation of the licensee and insuring maintenance of the console and alarm system during the period when such license is in force.
G. 
The licensee, for the privilege of obtaining the license, shall pay to the borough a minimum annual sum of no less than 5% of the gross rental earned annually by such licensee from subscribers connected to the alarm console, which payment shall be made within 30 days of the close of each fiscal year in which the license is in force, and such licensee by acceptance of the license shall be deemed to have agreed to having the books and accounts of the licensee open to inspection by the Borough Auditor or other designated representative of the Mayor and Council to verify the annual account which shall be submitted by the licensee coincidental with the fee described aforesaid.
H. 
The licensee granted a license hereunder will assume all liability and hereby agrees to defend, indemnify and save harmless the Borough of Norwood, its departments, agencies, officials and agents from and against any and all damages, claims, suits, causes of action and cost and expenses in connection with or arising out of the installation and operation of the alarm console. The licensee shall at all times be considered an independent contractor.
I. 
Insurance.
(1) 
The licensee shall provide prior to grant of license and maintain in full force and effect, with responsible carriers satisfactory to the borough, the following insurance:
(a) 
Workmen's compensation employers' liability insurance covering all persons employed by the licensee. The licensee shall also cause any of its subcontractors to provide and maintain workmen's compensation and employees liability insurance covering all persons employed by such subcontractors.
(b) 
Comprehensive general liability insurance (including contractor's contingent liability) covering bodily injury with limits of $500,000 for each person injured or killed and $1,000,000 for more than one person injured or killed in any one accident. Property damage liability with limits of $100,000 per occurrence.
(2) 
All insurance policies are to carry cross coverage clauses, i.e., insure both the licensee and the borough.
(3) 
All insurance policies shall contain a statement that the same may not be canceled or modified except upon 10 days' written notice to the Borough of Norwood.
(4) 
The policies shall otherwise be in a form satisfactory to the Borough Attorney.
J. 
Except as otherwise herein provided, any license issued hereunder shall be for a term of three years.
K. 
The licensee shall at all times observe and comply with all state and local laws, ordinances, statutes, regulations and orders that in any manner affect the installation, repair and operation of the alarm console system and shall defend, indemnify and save harmless the borough and all its various departments, agencies, officials and agents against any claims, liability or expenses arising out of or based upon the nonobservance of any of the foregoing.
L. 
The license shall pay all royalties and license fees necessary for the full and free use and enjoyment by the borough of any and all rights to any inventions, machines, processes, licenses or systems supplied by the licensee, which may be included in the alarm console system, either in the installation or use after completion. The licensee shall defend all suits and claims for infringement of any patent right or rights of a similar nature and shall indemnify and save harmless the borough in connection herewith.
M. 
The licensee shall be responsible for and shall pay all federal, state and local taxes of every type and description incident to the performance of its duties and obligations hereunder.
N. 
The licensee shall keep and perform its duties and obligations under its personal control and supervision and shall not assign, transfer, sublet or otherwise dispose of any right or responsibility under the license granted.
O. 
Only the borough and the Board of Education and such other public and private individuals, partnerships, corporations and firms which shall have applied to and been granted permission by the borough to connect with the alarm console shall be permitted to use the services of the alarm console system. The Borough of Norwood through its authorized officials shall have the right to suspend or terminate a permittee's service at any time for failure or neglect of such permittee to comply with any requirement herein established, in which event the licensee shall disconnect the permittee's service at no cost or expense to the borough or to such permittee, except that the permittee shall be billed to the date of termination of service.
P. 
Supervision or revocation.
(1) 
The license issued to the licensee hereunder may be revoked at any time by the Borough Council upon 60 days written notice by ordinary mail to the licensee for failure or neglect of the licensee to comply with and fully perform any one or more of the requirements or regulations herein established in manner satisfactory to the borough. The licensee shall be entitled to a revocation hearing by the Borough Council, provided that written request therefor is made to the Borough Clerk within 10 days after the mailing of the notice of termination to the licensee.
(2) 
The Borough Council may at any time and without advance notice suspend any issued license when it shall appear to them that to do so would be necessary to the best interest of the borough. The suspension shall be effective for such period of time as may be required for the borough to investigate the matter. The borough may request another individual or firm to service the alarm console during the period of suspension, and the cost therefor shall be paid by the licensee. The licensee may continue to collect the usual fees during any period of suspension but not for any period following termination.
(3) 
Any suspension or termination of the license as herein provided shall be without cost, expense or liability to the borough. In the event of termination of the license by the borough, the licensee shall have the right to remove the alarm console system as may be owned by the licensee at no expense to the borough, in manner and at the time directed by the Chief of Police (not later than 30 days after termination date) to permit installation of a substitute alarm system by a successor-approved licensee. Any equipment as may be owned by the licensee which is not removed when directed by the Chief of Police shall become the property of the borough, and the licensee shall have no further claim or right thereto or any part thereof. The licensee may sell the alarm console equipment owned by it to another individual or firm accepted and approved as a licensee.
Q. 
All equipment installed as part of the alarm console shall be owned by the licensee and satisfactory proof thereof shall be furnished to the borough upon request.
R. 
The licensee shall enter into a contract with the borough in turn approved by the Borough Attorney, which contract shall grant the license hereunder and incorporate by reference all of the requirements and regulations herein as an integral part thereof.
The Borough of Norwood, its various departments, agencies and officials shall be under no duty or obligation to any permittee or to any alarm console licensee hereunder or to any other person or persons with respect to the adequacy, operation, installation, repair or maintenance of the alarm console equipment and any allied or related equipment or services and assumes no liability in connection therewith. Upon issuance of a permit hereunder, the permit holder hereby agrees to hold and save harmless the Borough of Norwood, its departments, agencies and officials from any liability or damages suffered as a result of or arising out of any improper or faulty installation, operation or maintenance of any police or fire alarm system of the permittee or improper or faulty installation operation or maintenance of the alarm console at the municipal building.
The licensee for the alarm console in the municipal building shall be selected in the following manner:
A. 
Any individual or firm which desires to become the licensee of the alarm console of the borough under the provisions of this chapter shall complete and file an application therefor with the Borough Clerk on forms supplied by that office. The application shall be filed no later than the date specified for filing in the public advertisement therefor or as posted on the bulletin board in the municipal building.
B. 
Applications for licensee shall be accepted for a reasonable period of time, as fixed by the Borough Council, immediately preceding the expiration of the then-current license, or in the event of termination of a licensee prior to its natural expiration date applications shall be accepted at any time after the mailing of the notice of termination to the current licensee.
C. 
The application shall require satisfactory proof of financial ability to perform experienced service capability, past performance, proposed charges and fees to subscribers and such other information as may be required by the Borough Council.
D. 
The Borough Council or its duly authorized agent may interview one or more applicants for the licensee, but shall not be required to do so.
E. 
The license shall be awarded to the individual or firm which the Borough Council shall determine, in its sole judgment, to be the most advantageous and in the best interests of the borough, and the determination of the Borough Council shall be conclusive. The Borough Council shall take into consideration in making its determination the financial ability of the applicant, the applicant's prior experience with other municipal and governmental bodies, the applicant's service capability on a twenty-four-hour basis, the proximity of the applicant's office to the municipal building as bearing on the service and repair availability, the applicant's past performance in this or other municipalities, proposed fees and charges to subscribers and such other factors as the Borough Council shall deem relevant to selecting the applicant which will be in the best interests of the borough.
F. 
The Borough Council, if it determines it to be in the best interests of the borough, may grant a license to expire on December 31 of the then-current calender year rather than for a full three-year term. The grant of license for this abbreviated term shall be with the consent of the proposed licensee and subject to all other applicable provisions of this chapter.
A. 
Dial alarm devices shall be permitted only in accordance with § 73-9.
B. 
In the case of a false alarm, any person having knowledge thereof shall immediately notify the Police Department in a manner to be prescribed by rules and regulations in accordance with § 73-2. In addition, in the case of false alarms the Chief of Police shall cause an investigation to be made and keep a record of said alarms on file. For such false alarms the Mayor and Council prescribes the following penalties: For the first, second and third false alarm in any given calendar year, a warning shall be issued; for the fourth false alarm and for each false alarm thereafter, in the same calendar year, a fine of $25 for each such alarm shall be paid to the Borough of Norwood. Where the investigation of the Police Department discloses continued abuse of the privilege of connection to the alarm console and a disregard of the permittee for failing to take remedial steps to avoid false alarms, the Mayor and Council reserve the right to require disconnection from the alarm console for a limited or permanent time providing the permittee an opportunity to show cause before the Mayor and Council why such action should not be taken. In the event of reconnection, there shall be paid to the borough a reconnection fee of $40.
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 this equipment is in operation shall be considered a separate violation. Any permittor shall by acceptance of the permit be deemed as having consented to inspection of the premises on which the alarm devices are installed at reasonable hours by the Chief of Police or his designated representative.
D. 
Any licensee of the alarm console and any permittee utilizing the services of any other alarm company connected to the console shall provide a representative to be on call at all times and adequate service shall be provided within eight hours of notification by the Police or Fire Department of any malfunctioning or faulty equipment.
E. 
All alarm devices shall be installed in accordance with all applicable municipal and governmental laws, ordinances and requirements.
F. 
A permittee or his representative shall respond to the source of a signal or transmission from an alarm device as promptly as possible after the actuation of such device and shall contact the Police or Fire Departments dispatched to the scene. He shall relieve the police or fireman in charge whenever there is no apparent fire or criminal activity at the scene of the alarm.
G. 
Any permittee shall be deemed to have consented to inspection of the premises on which said alarm device(s) are installed, at reasonable hours, by the Police or Fire Chief or their designated representatives. This provision shall not be construed to impose a duty on the borough to make inspections or to relieve the alarm owner from inspecting, testing and maintaining his own alarm device(s).
H. 
If the location of the fire or police communications facilities should be changed at any time, permittees or licensees under this chapter shall not be permitted to charge the municipality with any resulting cost of moving the alarm equipment.
I. 
All costs and recurring charges incurred in the installation and maintenance of alarm systems shall be borne by the permittee, except where this chapter indicates that such costs shall be paid by the licensee.
A. 
Dial alarms shall be coded to dial a special separate number, which number can be obtained from the Chief of Police or designated representative, and no dial alarm shall be coded to dial the number of the general police switchboard of the Borough of Norwood. All dial alarms existing at the time of the passage of this chapter shall have 30 days within which to be recoded to dial the within mentioned special separate number. Any person not complying shall be liable to a penalty payable to the borough in the amount of $50.
B. 
No dial alarm device shall be permitted unless of a type approved by the Chief of Police in accordance with the rules promulgated under § 73-2. Any such equipment shall have the approval of the New Jersey Bell Telephone Company or its successor.
C. 
The total length of any message must not exceed 15 seconds.
D. 
All messages shall conform to the approved format on the application form as supplied by the Chief of Police of the borough.
E. 
For dial alarm devices the owner shall pay the Borough of Norwood a permit fee of $25 to cover the cost of registration.
F. 
Any dial alarm device shall be coded as well to notify a relative, neighbor or other third party who will be disclosed in the registration of the equipment as required by this chapter.
G. 
Messages shall be received by the Police Department no more than two times for each given alarm.
H. 
The device shall provide an automatic line seizure feature in the event that the special separate phone number is busy with an incoming or outgoing call.
I. 
All dial alarm devices shall be capable of disconnect to enable the owner to call the police switchboard to indicate that a false alarm has occurred.
J. 
Any person having a dial alarm device which dials the general police number upon discovery thereof shall receive notice in writing from the Chief of Police requiring the owner to comply with the forms of this chapter, and if the owner fails to do so within 30 days of the receipt of this notice, he shall be liable to pay to the borough a penalty of $50.
K. 
All components of such equipment must be maintained by the owner in good repair, and when evidence exists that there has been failure to comply with the operation or the requirements of this chapter, the Chief of Police or his designated representatives is then authorized to demand that such device be disconnected until such time as compliance with the current requirements is reestablished.
L. 
The sensory mechanism of such device shall be adjusted so as to suppress false indications and not to be actuated by impulses due to pressure changes in water pipes, short flashes of light, wind, noises, rattling or vibrations of doors or windows or other forces unrelated to general alarms.
M. 
Owners of dial alarm devices shall be governed by the false alarm procedures and penalties set forth in § 73-8B.
Local alarms shall be registered in accordance with § 73-4 of this chapter upon the payment of a registration fee of $10. All local alarms shall be equipped with a fifteen-minute automatic shutoff device. In addition thereto, those persons having local alarms may leave with the Police Department the names of residents in the Borough of Norwood who have keys to the premises or, in lieu thereof, a sealed key to the premises may be left with the Chief of Police of the Borough of Norwood, provided that in so doing the owner is willing to release the Borough of Norwood and the Police Department from any claims for damages or loss in connection with said entry. In the event of a malfunction of the equipment, and no person can be located to secure the device, then the owner shall be liable to pay a fine of $25. Notwithstanding the aforesaid, in the event that police have to respond to a false alarm, the false alarm fine prescribed in subsection § 73-8 shall also apply.
Any person, firm or corporation found guilty in the Municipal Court of the Borough of Norwood for a violation for the terms of this chapter shall be subject to a fine of not more than $200 or to such other penalty as shall be prescribed for the violation of municipal ordinances, in the sole discretion of the Municipal Magistrate.