The Egg Harbor Township Police alarm ordinance page

EGG HARBOR TOWNSHIP

ORDINANCE No. 51

1999

ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF EGG HARBOR BY DELETING AND REPEALING CHAPTER 60 THEREOF, ALARM SYSTEMS, AND REPLACING IT WITH A NEW CHAPTER 60, ALARM SYSTEMS.

BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF EGG HARBOR, IN THE COUNTY OF ATLANTIC, NEW JERSEY AS FOLLOWS:

Section 1.

The code of the Township of Egg Harbor is hereby amended by deleting and repealing Chapter 60, Alarm Systems.

Section 2.

The Code of the Township of Egg Harbor is hereby amended by adding thereto a new chapter, to replace Chapter 60 herein above repealed, to be Chapter 60, Alarm Systems to read as follows:

§ 60-1. Definitions.

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 then 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.

§ 60-2. Registration of central alarm monitoring system.

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.

§ 60-3. Alarm system registration.

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.

§ 60-4. Timing devices for audible alarms.

Alarm equipment which utilizes an audible alarm must be equipped wit a timing device which will limit the period during which the alarms will sound for a maximum of fifteen (15) minutes.

§ 60-5. Voice recording prohibited.

Alarm equipment which utilizes voice recordings are prohibited from dialing any telephone lines utilized by the Township of Egg Harbor.

§ 60-6. Alarm equipment suppliers to be registered through the State of New Jersey.

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 NJSA 45:5A et seq prior to the installation or service of any alarm system in the Township.

§ 60-7. Supplier to provide copy of ordinance.

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.

§ 60-8. Repair service.

All alarm equipment suppliers shall make service available on a 24-hour per-day basis, seven (7) days a week, to repair and correct any malfunction to its alarm systems.

§ 60-9. Repair information.

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.

§ 60-10. Disconnection of defective systems.

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 to 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 penalties stated herein under §60-13 will apply.

§ 60-11. False alarms.

The owner or lessee of any alarm system shall be permitted five (5) false alarms in each calendar year. After that, such owner or lessee shall be subject to the penalty provision of §60-13.

§ 60-12. Appeal of an assessed false alarm.

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 non-appealable.

§ 60-13. Violations and penalties.

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:

1. Any owner or lessee of an alarm incurring a fifth (5th) false alarm for the calendar year will be subject to a written warning of violation.

2. Any owner or lessee of an alarm incurring their sixth (6th) through eighth (8th) false alarm for the calendar year will be assessed a $25 administrative fee per violation.

3. Any owner or lessee of an alarm incurring their ninth (9th) through twelfth (12th) false alarm for the calendar year will be assessed a $50 administrative fee per violation.

4. Any owner or lessee of an alarm incurring their thirteenth (13th) or subsequent false alarm for the calendar year will be assessed a $100 administrative fee per violation.

Payment of an assed administrative fee is due within thirty (30) days from notification of violation. Failure to comply will result in the Township of Egg Harbor utilizing the Penalty Enforcement Act, NJSA 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 two hundred dollars ($200) 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 subject to a fine of no more than one thousand dollars ($1,000) and/or ninety (90) days in jail. Each days failure to comply with such provision shall constitute a separate violation.

SECTION 3.

Should any section, clause, sentence, phrase or provision of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this ordinance.

SECTION 4.

All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed.

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 FORGOING ORDINANCE WAS INTRODUCED AT A MEETING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF EGG HARBOR, IN THE COUNTY OF ATLANTIC AND STATE OF NEW JERSEY, HELD NOVEMBER 23, 1999, 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 DECEMBER 22, 1999.

Dated: November 23, 1999

Patricia Indrieri, RMC

Township Clerk