[HISTORY: Adopted by the Township Committee of the Township of Egg Harbor 12-22-1999 by Ord. No. 51-1999. Amendments noted where applicable.]
Editor's Note: This ordinance repealed former Ch. 60, Alarm Systems, adopted 12-27-1995 by Ord. No. 38-1995.
Certain words and phrases are used in this chapter which, for the purpose hereof, are defined as follows:
- ALARM SYSTEM
- Any mechanical or electronic device or system designed or used to detect unauthorized entry into a building, structure or area or to alert the Police Department, Fire Department or any other agency or person to a potential problem at any location within the Township of Egg Harbor.
- FALSE ALARM
- Any activation of an alarm device or system which alerts the Police Department, Fire Department and/or any other agency or person for any reason other than that which would constitute an actual criminal offense, emergent event or incidental alarm by utilizing light, noise, a central alarm monitoring station or any other means.
- INCIDENTAL ALARM
- Any activation of an alarm device or system in which two or more alarms in close proximity are activated by a related event at approximately the same time.
Any central alarm monitoring station which monitors alarm equipment located in the Township must register with the Township of Egg Harbor and thereafter report each alarm connected to it which originates from the Township.
All owners or lessees of alarm equipment employing the services of a central alarm monitoring station must register with the Township of Egg Harbor prior to the installation of the alarm system or, in the case of existing alarm system, within 60 days from the effective date of this chapter. There shall be no fee charged for registration of alarm systems. Any owner or lessee who fails to register within the prescribed period shall disconnect the alarm system and shall discontinue using the services of any central alarm monitoring station. All owners or lessees not employing the services of a central alarm monitoring station must also register with the Township of Egg Harbor. (Registration will permit the Township of Egg Harbor to contact the owner, lessee or his representatives in the event of an emergency.) Owners or lessees of alarm equipment not using the services of a central alarm monitoring station must comply with §§ 60-3, 60-4, 60-5, 60-10, 60-11, 60-12 and 60-13.
Alarm equipment which utilizes an audible alarm must be equipped with a timing device which will limit the period during which the alarms will sound for a maximum of 15 minutes.
Alarm equipment which utilizes voice recordings are prohibited from dialing any telephone lines utilized by the Township of Egg Harbor.
All alarm equipment suppliers and employees who install, maintain or service alarm systems or automatic protection devices in the Township must have received, and upon request, provide proof of licensure under N.J.S.A. 45:5A-1 et seq. prior to the installation or service of any alarm system in the Township.
All alarm equipment suppliers doing business in the Township must provide the purchaser or lessee of said equipment with a copy of this chapter and the forms necessary for registering with the Township of Egg Harbor.
All alarm equipment suppliers shall make service available on a twenty-four-hour per-day basis, seven days a week, to repair and correct any malfunction to its alarm system.
At the time of installation, the alarm equipment supplier shall furnish to any buyer or lessee written information as to how repair service may be obtained at any time, including the telephone number of the alarm system supplier or agent responsible for service. The buyer or lessee and the alarm equipment supplier shall be responsible for having the device disconnected or repaired immediately upon notice that the alarm system is not functioning properly.
If an alarm system fails to comply with its operational requirements and the Township of Egg Harbor's Chief of Police has concluded the alarm system should be disconnected in order to relieve the burden of responding to false alarms, the Chief of Police is authorized to require that the owner or lessee or his representative disconnect the alarm system until it is made to comply with the operational requirements. Any notification requesting disconnection of an alarm system shall be by certified mail, with return receipt requested. If disconnection of the defective alarm is not accomplished promptly and the Chief of Police determines the malfunctioning alarm system is repeatedly sending false alarms, the violations and penalties stated herein under § 60-13 will apply.
[Amended 11-12-2008 by Ord. No. 45-2008]
The owner or lessee of any alarm system shall be permitted three false alarms in each calendar year. After that, such owner or lessee shall be subject to the penalty provision of § 60-13.
Alarm owners or lessees may appeal the assessment of any penalty to their business, residence or organization to the Police Department's designated alarm manager. All appeals must be made in writing and must clearly state the date, time and location of the false alarm, as well as any other information that will indicate why the alarm does not fit the definition of a false alarm as described in § 60-1. The alarm manager will review the appealed alarm occurrence and render a decision on the disposition of the disputed alarm. All determinations made by the alarm manager shall be final and nonappealable.
[Amended 4-12-2006 by Ord. No. 20-2006; 11-12-2008 by Ord. No. 45-2008]
The failure of any person, company, corporation or organization to comply with the requirements of § 60-11 shall be subject to the following notices, fees and/or penalties:
Any owner or lessee of an alarm incurring a third false alarm for the calendar year will be subject to a written warning of violation.
Any owner or lessee of an alarm incurring its fourth and fifth false alarms for the calendar year will be assessed an administrative fee of $50 per violation.
Any owner or lessee of an alarm incurring its sixth through eighth false alarms for the calendar year will be assessed an administrative fee of $100 per violation.
Any owner or lessee of an alarm incurring its ninth or subsequent false alarm for the calendar year will be assessed an administrative fee of $200 per violation.
Payment of an assessed administrative fee is due within 30 days from notification of violation. Failure to comply will result in the Township of Egg Harbor utilizing the Penalty Enforcement Act, N.J.S.A. 2A:58-1 et seq., to collect the fees due.
Nothing listed in this chapter shall be construed as to prohibit other sanctions provided herein from being levied against persons, corporations, organizations or businesses who violate § 60-11. Any owner, lessee or user of an alarm system who has not made proper payment on assessed false alarm violation fees may be prosecuted under the provisions in this section of the chapter. The fine for violation of § 60-11 shall, upon conviction in municipal court, be $400 per false alarm.
Failure of any person, company, corporation or organization to comply with the requirements of this chapter, excluding § 60-11, shall, upon conviction in Municipal Court, be subjected to a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each day’s failure to comply with such provision shall constitute a separate violation.