Be it ordained, by the Township Committee of the Township of Egg Harbor, County of Atlantic and State of New Jersey as follows:
Section 1: Chapter 60 of the Code of the Township of Egg Harbor, Section 60-11, False Alarms, is hereby amended by deleting Section 60-11 in its entirely and replacing with the following:
            §60-11.   False Alarms
The owner or lessee of any alarm system shall be permitted three (3) false alarms in each calendar year.  After that, such owner or lessee shall be subject to the penalty provision of §60-13.
Section 2: Chapter 60 of the Code of the Township of Egg Harbor, Section 60-13, Violations and Penalties, is hereby amended by deleting Section 60-13 in it’s entirely and replacing with the following:
§60-13.   Violations and penalties

1. 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:
2. 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.
3. Any owner or lessee of an alarm incurring their fourth and fifth false alarm for the calendar year will be assessed a$50 administration fee per violation.
4. Any owner or lessee of an alarm incurring their sixth through eighth alarm for the calendar year will be assessed a $100 administrative fee per violation.
5. Any owner or lessee of an alarm incurring their ninth or subsequent false alarm for the calendar year will be assessed a$200 administrative fee per violation.
6. 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. 2A58-1 et seq., to collect the fees due.
7. Nothing listed in this chapter shall be construed as to prohibit other sanctions provided herein from being levied against persons, corporations, organization 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.
8. 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. [Amended 4-12-2006 by Ord. No. 20-2006]

Section 3. All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by a Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
Section 5. This Ordinance shall take effect upon final passage, adoption and publication in the manner prescribed by law.
Notice is hereby given that the foregoing Ordinance was introduced at a meeting of the Township Committee of Egg Harbor Township, in the County of Atlantic, State of New Jersey, held October 7, 2008, and will be further considered for final passage after a public hearing thereon at a regular meeting of said Township Committee to be held in the Township Hall, in said Township on November 12, 2008.

Dated: October 7, 2008    

                               
____________________________________
Eileen M. Tedesco, RMC
Township Clerk