Borough of Hopatcong, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Hopatcong 3-6-1986 by Ord. No. 3-86. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 17.
Police Department — See Ch. 38.
The purpose of this chapter is to provide for the establishment and maintenance of an efficient, effective and uniform police and fire alarm system within the Borough of Hopatcong and to provide standards and regulations for alarm equipment, devices or systems to be installed or connected with or to the police panel alarm system at police headquarters in the Borough of Hopatcong, or otherwise installed or connected so as to elicit a response by the Hopatcong Police Department, or through the Police Department, the Fire Department or other municipal agency.
The provisions of this chapter shall apply to any person who installs, operates, maintains, services or owns any alarm equipment, device or systems, including dial and local alarms, designed to summon the Police Department or through the Police Department, the Fire Department or other municipal agency to any location within the Borough of Hopatcong in response to any type of signal, alarm or preprogrammed, prerecorded message.
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH COUNCIL
The Municipal Council of the Borough of Hopatcong.
COMMON ANNUNCIATOR LICENSE
The license issued by the Borough Clerk to install and connect and to operate, control and maintain the police panel alarm system and to make all subscriber installations and connections thereto.
DIAL ALARM
Any type of equipment, device or system, preprogrammed or automatic, using telephone wires to transmit any alarm, message, signal or report directly through or to the Police Department switchboard for the purpose of summoning the Police Department, or through the Police Department, the Fire Department or other municipal agency to any location within the Borough of Hopatcong in response thereto.
FALSE ALARM
Any alarm which causes a notification or alert to Borough personnel which is not triggered or caused by an actual emergency condition.
[Added 6-6-1996 by Ord. No. 15-96]
INSTALLER'S LICENSE
The license issued by the Chief of Police of the Borough of Hopatcong, permitting a person to engage or carry on the business of installing, leasing, connecting, maintaining, servicing, repairing, arranging, adjusting, replacing, moving and programming, in any building, place or premise in the Borough of Hopatcong, any alarm, equipment or device designed to summon the Police Department, the Fire Department or other municipal agency.
LOCAL ALARM
Any type of equipment, device or system which, when actuated, produces a signal or alarm not connected to the police panel alarm system, such as a store, burglar or intrusion alarm actuating a bell, horn or other sounding device, for the purpose of summoning the Police Department, the Fire Department or other municipal agency to the location thereof and in response thereto.
PERSON
Includes any natural person, partnership, firm, corporation or association.
POLICE PANEL ALARM SYSTEM
That system giving a visual or audio response, or both, on the control panel of the police console located within the confines of the Police Department of the Borough of Hopatcong, monitored by the Police Department and which includes the subscriber modules, the control modules, the control cabinets, the energy pack and all necessary and accessory equipment, wires and connections therein and thereto.
There is hereby established within the Borough of Hopatcong a police panel alarm system common annunciator license, hereinafter referred to as the "common annunciator license," which shall be granted by the governing body.
A. 
The recipient or holder of said license, hereinafter referred to as the "common annunciator licensee," shall have the exclusive use and control of the police panel alarm system except for the use by the Police Department of the Borough of Hopatcong and shall make, in accordance with the provisions of this chapter and the rules and regulations adopted thereunder, all installations and connections of such police alarm equipment, device or system to the police panel alarm system in police headquarters as may be inspected and approved by the Chief of Police of the Borough of Hopatcong and for which a permit shall have been issued.
B. 
The common annunciator licensee shall be required to furnish, supply and provide all necessary materials, equipment and labor in accordance with plans and specifications prescribed by the Chief of Police and approved by the Borough Council for the completion of installation in police headquarters of a police alarm system which shall include for present and future installation and connections thereto, no less than 1,000 alarm controls, together with the necessary control cabinets and modules, junction boxes, alarm system panels, cables, necessary relays and stand-by power system and all other accessory equipment and connections related thereto; and said licensee shall be responsible for the maintenance, operation, installation and connection of and to the same, all at no cost to the Borough of Hopatcong.
C. 
The common annunciator licensee shall assume all liability and agree to indemnify and save harmless the Borough of Hopatcong, its agents, servants and employees, including the Police Department, for any acts in connection with the installation, connection, operation and maintenance of the police panel alarm and the installation and connections thereto, and in conjunction therewith, shall furnish annually to the Borough Clerk of the Borough of Hopatcong, an insurance certificate indicating liability coverage in an amount of not less than $1,000,000.
D. 
The common annunciator licensee shall post and keep posted during the term of the license with the Borough Clerk a performance bond or other security satisfactory to the Borough in the amount of $20,000 noncancellable without notification to the Borough Council of the Borough of Hopatcong and in a form satisfactory to the Council guaranteeing performance of the obligations of the licensee, and also furnish to the Borough Clerk satisfactory evidence of insurance covering the police panel alarm system apparatus, equipment and materials installed and connected by the licensee during the period or term of the license.
E. 
The common annunciator licensee for the police panel alarm system shall be permitted to charge new subscribers thereto a maximum connection fee of $60. Existing subscribers shall be permitted to connect at no cost. In addition, a monthly maintenance fee of up to $11 may be imposed. All municipal buildings, including Borough-owned buildings, Board of Education buildings, fire houses, ambulance squad buildings may be connected to the police panel alarm system at no connection cost or monthly maintenance fee. Five percent of all fees collected shall be paid to the Treasurer of the Borough of Hopatcong, once a month.
F. 
The common annunciator license shall be granted or issued by the Borough Council after public advertisement for bids and bidding therefor, taking into consideration the qualifications, ability, experience, financial and other references, responsibility and location of the applicant for said license, as well as the proposed services and protection offered to the Borough and subscribers to the police panel alarm system, the amount of fees to be charged to such subscribers, and the recommendations of the Chief of Police in selecting the bid proposal most advantageous to both, to the subscribers and the Borough of Hopatcong.
G. 
Except as hereinafter provided, the common annunciator license issued hereunder shall be for a term of five years from the date of approval and issuance by the Borough of Hopatcong and shall be subject to the terms and conditions of this chapter and the rules and regulations, from time to time promulgated and adopted pursuant to this chapter.
H. 
Renewal of the common annunciator license or award of a new license should the license be terminated in accordance with § 59-8 of this chapter shall be in accordance with the provisions and procedures hereinabove set forth in this chapter.
A. 
No person shall install, connect or maintain, or cause to be installed, connected or maintained, any police alarm equipment, device or system in or to the police headquarters in the Borough of Hopatcong for the purpose of transmitting a signal or alarm or reporting a signal, alarm or prerecorded message to the attention of the Police Department for the purpose of summoning the Police Department or through the Police Department, the Fire Department or other municipal agency in response thereto, or obtaining some response thereto without first having made application and been issued a permit therefor in accordance with the provisions of this chapter and the rules and regulations and procedures hereinafter established and provided thereunder.
B. 
No person shall install, connect. operate, maintain, service or own or cause to be installed or connected, operated, maintained, serviced or owned any dial alarm equipment, system or system designed to summon the Police Department of the Borough of Hopatcong or through the Police Department, the Fire Department, or other municipal agency to any location within the Borough in response to any type of signal, alarm, prerecorded or preprogrammed message, report or other transmission over the telephone wires without first having registered and obtained a permit therefor in accordance with the provisions of this chapter and the rules, regulations, and procedures hereinafter established and provided thereunder.
C. 
No person shall install, connect, or maintain or cause to be installed, connected or maintained any local alarm without first having registered the same with the Chief of Police, as hereinafter provided.
D. 
This chapter shall also apply to all persons having installed, connected and maintained any police, burglar, fire, dial, telephone, local, automatic, emergency or other alarm equipment, device or system covered or included in this chapter prior to the effective date hereof.
A. 
All applications for the issuance of a permit required under the ordinance shall be made in writing to the Chief of Police on a form provided therefor and shall be accompanied by an application and processing fee of $25. Applications will be available at the office of the Borough Clerk. Payment shall be made to the Borough of Hopatcong, through the Borough Clerk.
B. 
Said application, among other information which may, from time to time, be required or prescribed by the Chief of Police, shall contain the name, address and telephone number of the applicant, the name, address and telephone number of each of the premises and customers or persons to be served by the proposed installation or connection, location of the device, alarm equipment or system, the name of the installer, the type of device, alarm equipment or system provisions relating to false alarms and testing procedures, and a list of persons to be contacted in event of alarm.
C. 
Upon application for a permit, the Chief of Police shall cause an investigation and records to be made, and thereafter, provided that the applicant has complied with all of the terms of this chapter and the rules and regulations made, promulgated and adopted pursuant thereto, shall issue the permit.
No permit shall be granted except under the following terms and conditions.
A. 
The applicant shall furnish and complete all information required relating to the application and the alarm, equipment, device or system to be installed or connected and data relating to prevention of false alarms and testing procedures.
B. 
No person other than applicant and his agent and employees shall exercise the privileges under the permit.
C. 
The applicant shall maintain his equipment in good condition and repair.
D. 
No permit shall be transferred or assigned in any manner.
E. 
The permit is accepted upon the express condition the permittee shall indemnify and hold the Borough of Hopatcong harmless from and on account of any and all damages arising out of the activities of the permittee, its alarm contractor or the common annunciator licensee of the Borough of Hopatcong.
F. 
Each separate building, store, premise, place or location shall require a separate permit and a separate installation or connection to the police panel alarm system.
G. 
The applicant or permittee, upon acceptance of such permit, thereby agrees to hold and save harmless the Borough of Hopatcong, its agents or employees, from any liability whatsoever in connection with any such alarm, equipment, device or system, or the operation and maintenance of the same, which shall be the sole responsibility of the person having had the same installed or connected.
Any permit issued under the provisions of this chapter may be suspended or revoked by the Chief of Police for any violation of, or failure to comply with the provisions of this chapter or any rule or regulation promulgated by the Chief of Police and approved by the Borough Council pursuant to this chapter, including the following:
A. 
The permittee, his agent or employee willfully failed to and did not comply with a request by a member of the Police Department to proceed immediately to the location of permittee's alarm and render necessary services.
B. 
The permittee, his agents or employees, knowingly installed or maintained a faulty alarm device. An inordinate number of false alarms shall be a prima facie evidence that such alarm device is knowingly a faulty device.
C. 
The permittee has breached the terms and conditions of the permit. No permit shall be revoked or suspended without giving the permittee 30 days' notice in writing of such action and an opportunity to show cause before the Chief of Police why such action should not be taken; any person aggrieved by the action or determination of the Chief of Police in the denial of a permit or the suspension or revocation of any permit provided for in the ordinance may appeal to the Borough Council of the Borough of Hopatcong.
[Amended 5-3-2006 by Ord. No. 15-2006]
Except for those buildings, structures, appurtenances or facilities owned by the Borough of Hopatcong, no permit shall be issued for the installation, connection, operation, maintenance, service or ownership of any dial alarm equipment. Under no circumstances shall a person, excluding those buildings, structures, appurtenances or facilities owned by the Borough of Hopatcong, be permitted to program their dial alarm equipment in such a manner that causes the Hopatcong Police Department to be automatically dialed and no person shall be permitted to program their dial alarm equipment in such a manner that causes 9-1-1 to be automatically dialed or causes multiple calls to the Hopatcong Police Department for the same alarm event.
[Amended 4-6-2005 by Ord. No. 4-2005]
All local devices, equipment or systems shall be registered with the Chief of Police, and all information required with respect to such registration shall be provided and kept current by the applicant or registrant and no fees shall be required therefor; provided, however, that no person shall connect to a telephone company network an automated alarm or alerting device that causes the number 9-1-1 to be dialed.
A. 
The Borough of Hopatcong shall be under no duty or obligation to any permittee hereunder, the common annunciator license, or any other licensee hereunder, for any of the police panel alarm system equipment, device or system connected therein, the same being maintained at will and subject to termination at any time by cancellation of the system by resolution duly adopted by the Borough Council of the Borough of Hopatcong. However, the common annunciator license herein shall not be revoked except upon good cause by the Borough Council and any individual permit or license issued hereunder may be revoked at any time by the Chief of Police as hereinabove provided.
B. 
Notwithstanding payment of any fees or the receiving or issuance of any permit or registrations as herein required shall the Police Department of the Borough of Hopatcong be under any obligation whatsoever concerning the installation or connection or adequacy, operation or maintenance of the alarm, equipment, device or system so installed or connected, and the Borough of Hopatcong and its authorized agents hereby assume no liability whatsoever for any failure of such alarm, equipment, device or system, failure to respond to any alarm or transmittals or for any act of omission or commission as a result of any alarm equipment, device or system; and the obligation for the maintenance and upkeep of such alarm equipment, device and system, except for the equipment installed in police headquarters, shall be the sole responsibility of the person having had the same installed or connected.
For the equipment, device and systems installed or connected within the Borough of Hopatcong, the permittee shall pay whatever charges are required by any alarm company making such installation and in addition thereto, the permit fee hereinbefore provided and such connection and installation charges by the common annunciator licensee also hereinabove provided for in the event of installation and connection to the police panel alarm system.
[Amended 12-3-1992 by Ord. No. 31-92; 9-1-1994 by Ord. No. 22-94]
A. 
Action; penalties.
(1) 
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 the rules and regulations herein made and provided.
(a) 
In addition, in the case of a false alarm, the Chief of Police shall cause an investigation to be made and shall keep a record of said alarms on file.
(b) 
In the case of a false fire alarm, the Chief of the Fire Prevention Bureau, in conjunction with the Chief of Police, shall cause an investigation to be made and shall keep a record of said alarms on file.
(2) 
For such false alarms, other than a false fire alarm, the Borough Council describes the following penalties:
[Amended 6-6-1996 by Ord. No. 15-96]
(a) 
First three false alarms within a twelve-month period: written notice, issued by the Chief of Police for violations in Subsection A(1)(a).
(b) 
Fourth false alarm within 12 months of the original false alarm: a fine of $50.
(c) 
Fifth false alarm within 12 months of the original false alarm: a fine of $100.
(d) 
Sixth false alarm within 12 months of the original false alarm: a fine of $200.
(e) 
Seventh and successive false alarms (if related to the original false alarm) within 12 months of the original false alarm: a fine of $500 for each offense and/or disconnection from the police panel.
(3) 
For such false fire alarms, the Borough Council prescribes the following penalties:
[Added 6-6-1996 by Ord. No. 15-96]
(a) 
First and second false alarm: written notice, issued by the Chief of the Fire Prevention Bureau in Subsection A(1)(b).
(b) 
Third false fire alarm within six months of the previous false alarm, if related to the previous false fire alarm: a fine of $50.
(c) 
Fourth false fire alarm within six months of the previous false alarm, if related to the previous false fire alarm: a fine of $100.
(d) 
Fifth and successive false fire alarm within six months of any previous false alarm, if related to the previous false fire alarm: a fine of $200 for each offense and/or disconnection from the police panel.
B. 
The permittee shall take all necessary steps to immediately ascertain the cause of any false alarms and shall alleviate the problem within 72 hours or show cause, before the Chief of Police or, in the case of a false fire alarm, the Chief of the Fire Prevention Bureau, why the malfunction cannot be remedied within that time period. The Chief of Police shall have the discretion to grant an additional period of time within which to make the repair.
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 said equipment is in operation shall be considered a separate violation. Any permittee shall, by acceptance of the permit, be deemed to have consented to inspection of the premises on which said alarm devices are installed at reasonable hours by the Chief of Police or his designated representative.
A. 
No person shall engage in, manage, conduct or carry on the business of installing, leasing, connecting, maintaining, servicing, repairing, arranging, adjusting, altering, replacing, moving, programming, in or on any building or premises in the Borough of Hopatcong, any police, fire, burglar, dial, telephone, local or automatic alarm equipment, device or system which is equipped to report to or attract the attention of the Police Department or Fire Department in order to secure a response thereto without first having applied for and received from the Chief of Police of the Borough of Hopatcong an annual license therefor.
B. 
Upon the initial filing of an application for an installer's license hereinabove referred to, the applicant shall pay unto the Borough Clerk a fee of $25 to defray the costs of investigation, inspections, maintaining records and other administrative expenses. Each year thereafter, said installer's license may be renewed upon the request of the said licensee and an annual renewal fee of $10. All installer's licenses hereunder shall expire on December 31 of the year in which issued and all licenses for renewal thereof must be submitted in writing to the Chief of Police on or before January 31 of the succeeding year, together with the aforesaid renewal fee.
C. 
Upon filing an application for a license, the applicant shall complete a form provided therefor by the Borough Clerk which form shall include the name, address and telephone number of the applicant, the name and type of equipment, device or system to be installed or utilized, the brand name or manufacturer of the same, serial number of such equipment, device or system; the person from whom the same was purchased, the nature of installation, the method of operation, the location of installation and such other information as may be required from time to time under the rules and regulations promulgated by the Chief of Police.
D. 
The Chief of Police shall cause an investigation to be made of the applicant for an installer's license to determine the qualifications, responsibility and reliability of such applicant and the quality and reliability of equipment, devices or systems to be installed or connected by said installer, as well as the liability of such installer to comply with the rules and regulations to be made and promulgated by the Chief of Police and adopted by the Borough Council.
E. 
The installer licensee hereunder shall be required to maintain complete and accurate records of each and every such alarm equipment, device, or system installed, connected, maintained, leased or serviced within the Borough of Hopatcong and shall notify the Chief of Police of the same, and all installations, connections and all alarm equipment, devices and systems shall conform to the rules and regulations made and provided herein by the Chief of Police and approved by the Borough Council.
A. 
The Chief of Police may make, prescribe and promulgate supplementary rules and regulations for the installation and connection of alarm equipment, devices or systems, covered by the terms of the ordinance, and for the performance, maintenance and operation of the same as may be reasonably necessary to fulfill the purposes of this chapter.
B. 
Such rules and regulations shall be made, prescribed and promulgated to sufficiently promote and ensure an effective and uniform police and fire alarm system, and proper installation and connection; provide for maintenance of records and efficient management of the alarm system, the speedy and accurate operation and reporting of alarms, minimizing mechanical failure, minimizing false alarms and the consequential dangers of the same to citizens of the Borough of Hopatcong; the proper monitoring of alarms and prompt response to such alarms; the prevention of jamming of the switchboard and the creation of nuisances or other interference or hindrance with the proper operation of the Police Department.
C. 
Said rules and regulations and all changes thereof shall be subject to the approval of the Borough Council.
D. 
Said rules and regulations shall be in writing and shall be given to each permittee or licensee at the time of the application for, or issuance of the permit or license or at the time of the promulgation or amendment of such rules and regulations.
Any person, firm or corporation found guilty in the Municipal Court of the Borough of Hopatcong of a violation of the terms of this chapter shall be subject to a fine of not more than $500 or imprisonment for a period of not exceeding 90 days, or both.