[HISTORY: Adopted by the Township Council
of the Township of Mount Holly 1-5-1981 by Ord. No. 1980-20. Amendments
noted where applicable.]
The purpose of this chapter is to provide standards
and regulations for various types of intrusion, burglar, fire and
other emergency alarm devices, whether by direct line, radio, telephone
or other means actuating a device at the Burlington County Central
Dispatch Center, and requiring a response thereto by the Mount Holly
Police Department, the Mount Holly Fire Department or other municipal
agency.
The provisions of this chapter shall apply to
any person who operates, maintains or owns any location requiring
a response to any type of alarm signal.
As used in this chapter, the following terms
shall have the meanings indicated:
The console or control panel of devices giving a visual or
audio response, or both, and located within the confines of the Burlington
County Central Dispatch Center and/or any other official location
recognized by all parties herein.
Any type of alarm system actuating equipment in the alarm
console or Burlington County Central Dispatch Center telephone system
providing warning of intrusions, fire, smoke, flood or other peril.
That type of automatic telephone dialing device using the
telephone system to transmit an alarm to the Burlington County Central
Dispatch Center.
Any alarm device or combination of devices installed for
one or more buildings at a location other than the alarm console.
An alarm system that is wired directly to the alarm console
which will be maintained at the Burlington County Central Dispatch
Center or another location officially recognized by all parties herein.
The activity of maintaining, servicing, repairing, altering,
replacing, moving or installing or causing to be maintained, serviced,
repaired, altered, replaced, moved or installed in or on any building,
place or premises any device designed or used for the detection of
unauthorized entry or for alerting others of the commission of an
unlawful act, or both, and the detection of fire or smoke or any hazards
affecting the safety of citizens and/or their property.
Any alarm actuated by inadvertence, negligence or an unintentional
act of someone other than an intruder and includes as well alarms
caused by the malfunctioning of the alarm device or other relevant
equipment but shall not include alarms created by a malfunction of
the alarm console or weather conditions.
Any alarm or device which, when actuated, produces a signal
not connected to the alarm console, such as burglar alarms, actuating
bells or other audible devices.
Any person owning an alarm device or a local alarm within
the scope of this chapter.
Includes any natural person, partnership, corporation, association
or any other legal entity.
A.
Any person, firm or corporation that owns or operates
an alarm device, alarm dialer or a local alarm shall register the
installation, operation and continuance thereof, in writing, to the
Mount Holly Township Chief of Police on the form provided by the Police
Department, which application shall contain at least the location
of the device, the names of the installer of said device, the type
of device, provisions relating to false alarms and testing procedures,
a list of persons to be contacted in the event of an alarm and other
information as may be required by the Chief of Police.
B.
Owners of alarm devices, alarm dialers or local alarms
shall be governed by the false alarm procedures and penalties set
forth in this chapter.
No person shall use or cause or permit to be
used any telephone device or telephone attachment that automatically
selects a telephone trunk line of the Burlington County Dispatch Center
and then reproduces any prerecorded message to report any robbery,
burglary or other emergency or relay by human agency a like message
requiring Mount Holly Police or Fire Department response without first
having obtained a written permit from the Chief of Police of Mount
Holly Township, and no person shall install, maintain, use or permit
to be used any robbery, burglary or emergency alarm system which automatically
or semiautomatically terminates in any private establishment or telephone
answering service and which is relayed by the recipient of the alarm
by a telephone call to the Central Dispatch Center and requiring a
Mount Holly Police or Fire Department response without having first
obtained a written permit from the Chief of Police.
A.
Dial alarms shall only be coded to dial a special
separate number, which number can be obtained from the Chief of Police
or his agent.
B.
The message must conform to an approved format on
application.
C.
The total length of the message should not exceed
15 seconds.
D.
A message may be received by Central Dispatch twice,
but no more than three times.
E.
Any person having a dial-alarm device which dials the general police number, upon discovery thereof, shall receive notice, in writing, from the Chief of Police requiring the owner to comply with the terms of this chapter; and if the owner fails to do so within 30 days of the receipt of said notice, he shall then be liable to pay the Township of Mount Holly a penalty as provided for in § 65-15 herein.
A.
All components of such equipment must be maintained
by the owner in good repair, and when evidence exists that there has
been failure to comply with the operational requirements of this chapter,
the Chief of Police or his agent, with the approval of the Township
Manager, shall demand that such device be disconnected from the Burlington
County Central Dispatch Center until such time as compliance with
current requirements is reestablished.
B.
Any permittee utilizing any alarm system shall provide
for a repairman to be on call at all times, and such service shall
be provided within eight hours of notification of the permittee by
the Police Department of any malfunction of any equipment.
C.
The Chief of Police, with the consent of the Township
Manager, shall have the right to refuse service on any and all habitual
false-alarm offenders and to disconnect any malfunctioning equipment
from the alarm console until such time as the malfunction has been
corrected as well as refusing response to such habitual false-alarm
offenders.
The user of any local alarm or any alarm emitting
an audible or visible response, at the time the system is installed
or within 120 days of the effective date of this chapter in the case
of existing systems, shall or cause to be installed an automatic timing
device or battery which shall deactivate such alarms so that it will
be activated for no more than 15 minutes.
[Amended 1-12-1987 by Ord. No. 1986-34]
A.
False alarms.
(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 rules and regulations in accordance with § 65-10 of this chapter.
(2)
In addition, in the case of false alarms, the Chief
of Police shall cause an investigation to be made and shall keep a
record of said alarms on file and shall provide the Township Clerk
with a copy of each such investigation.
(3)
For such false alarms, the Township of Mount Holly
prescribes the following service charges:
(a)
For the first and second false alarm in any
calendar month, a warning shall be issued.
[Amended 12-22-2003 by Ord. No. 2003-40]
(b)
For the third false alarm in the same month,
a service charge of $25 shall be paid to the Township of Mount Holly.
[Amended 12-22-2003 by Ord. No. 2003-40]
(c)
For the fourth or any subsequent false alarms in a month or
the fifth alarm in a twelve-month period, a service charge of $50
shall be paid to the Township of Mount Holly.
[Amended 10-27-2003 by Ord. No. 2003-34; 2-22-2016 by Ord. No. 2016-7]
(d)
For the sixth alarm in a twelve-month period, a service charge
of $100 shall be paid to the Township of Mount Holly.
[Added 2-22-2016 by Ord.
No. 2016-7]
(e)
For the seventh and for each additional subsequent alarm in
a twelve-month period, a service charge of $250 shall be paid to the
Township of Mount Holly.
[Added 2-22-2016 by Ord.
No. 2016-7]
(4)
In the event any service charges become due in accordance with the provisions of Subsection C above, they shall be paid to the Township Clerk within 15 days of receipt of a statement therefor. Failure to pay the same when due shall constitute a violation of this chapter, subjecting the violator to the penalty provisions of § 65-15 of this chapter with each day that the service fee remains unpaid beyond the due date constituting a separate violation. In addition, the Township may seek to recover the unpaid service fees in a civil action.
B.
Where the investigation of the Police Department discloses
continued abuse of the privilege of connection to the alarm console,
including the failure to pay any fees due under the provisions of
this chapter, and a disregard of the permittee for taking remedial
steps to avoid false alarms, the Chief of Police shall have the right
to require disconnection from the telephone system or alarm console
for a limited or permanent time, provided that no such permit shall
be revoked or suspended without giving the permittee the opportunity
to show cause before the Township Manager as to why any such action
should not be taken.
C.
Unauthorized equipment. Any unauthorized equipment
may be discontinued by the Chief of Police or his designated representative
with the consent of the Township Manager for noncompliance with this
chapter, and any person installing or maintaining unauthorized equipment
shall be prosecuted for violation of this chapter. Each and every
day said equipment is in operation shall be considered a separate
violation.
D.
Any permittee shall, by acceptance of the permit,
be deemed as having consented to the inspection of the premises on
which said alarm devices are installed at reasonable hours by the
Chief of Police or his designated representative.
[Amended 6-22-1992 by Ord. No. 1992-5]
The Director of Public Safety, Chief of Police
or a designee may from time to time promulgate written rules and regulations,
subject to the approval of the Township Manager, in order to provide
for recordkeeping and the efficient operation and management of said
system.
A.
Application forms and tie-in instructions shall be
in a form prescribed by the Director of Public Safety, Chief of Police
or a designee and shall be available in the office of the Police Department.
[Amended 6-22-1992 by Ord. No. 1992-15]
B.
Terms and conditions. Upon application, permits shall
be granted subject to the following terms and conditions:
(1)
The applicant shall furnish, when required, complete
information and specifications relating to the system to be provided.
The information shall include specific data relating to the service
of false alarms and testing procedures, if desired.
(2)
No person other than the applicant and his designated
agents and employees shall exercise the privilege.
(3)
The applicant shall maintain his equipment in good
condition and repair and maintain an adequate work force and equipment
to repair, maintain and service such system.
(4)
No permit shall be transferred or assigned in any
manner.
(5)
An excessive number of false alarms will be penalized
as provided herein and will subject the subscriber to disconnection.
(6)
No subscriber will fail or refuse to promptly respond
to a police summons regarding deactivating an alarm, whether or not,
the same is legitimately or falsely activated and regardless of the
type of alarm.
A.
The Police Chief shall cause an investigation to be
made and shall issue the permit if it is found that the system will
not jam the switchboard, constitute a nuisance or otherwise interfere
with or hinder the proper operation of the police work of the Township.
B.
All such permits issued under this chapter shall expire
on January 31 following the year in which the same is granted. Thereafter,
the Police Chief may issue a renewal permit, provided that on or before
January 31 of the succeeding year a request is made, in writing, for
the renewal of said permit.
A.
Any permit issued under the provisions of this chapter
may be suspended or revoked by the Police Chief as provided herein.
B.
Any permit issued under the provisions of this chapter
may be suspended or revoked by the Police Chief when it shall appear
that:
(1)
The permittee or his agents or employees willfully
failed or did not comply with a request by a member of the Police
Department to proceed immediately to the location of the permittee's
alarm and render necessary services.
(2)
The permittee or his agents or employees knowingly
installed or maintained a faulty alarm device. An inordinate number
of false alarms shall be prima facie evidence that such alarm device
is knowingly a faulty device.
(3)
The permittee has breached the terms and conditions
of the permit or has failed to comply with departmental rules or the
other provisions of this chapter or that the privilege so granted
has been abused to the detriment of the public.
Any person aggrieved by the action of the Police
Chief in denying a permit or in the suspension or revocation of any
permit provided for by this chapter may appeal to the Township Manager
by serving written notice of such appeal upon the Chief of Police
and the Township Clerk.
A.
Notwithstanding the receiving or issuance of any permit
as herein required, the Police Department of the Township of Mount
Holly and the Township of Mount Holly shall be under no obligation
whatsoever concerning the adequacy, the operation or maintenance of
the device or devices so installed, and the Township of Mount Holly
and its authorized agents hereby assume no liability whatsoever for
any failure of any such equipment, failure to respond to any such
alarms or for any act of omission or comission as a result of any
such alarm, device or system.
B.
The applicant or permittee, upon the acceptance of
such permit, hereby agrees to hold and save harmless the Township
of Mount Holly and its agents or employees from any liability whatsoever
in connection with any such alarm system or the operation of the same.
[Amended 6-22-1992 by Ord. No. 1992-5]
Except as otherwise provided, any person, firm
or corporation found guilty in the Municipal Court of the Township
of Mount Holly of violation of the terms of this chapter shall be
subject to a fine of not more than $1,000 or imprisonment for a period
not exceeding 90 days, or both.
