[HISTORY: Adopted by the Mayor and Council of the Borough of Hopatcong
3-6-1986 by Ord. No. 3-86. Amendments noted where applicable.]
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:
The Municipal Council of the Borough of Hopatcong.
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.
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.
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]
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.
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.
Includes any natural person, partnership, firm, corporation or association.
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.
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.
