[Ord. 427, 4/4/2006]
1.
The purpose of this Part is to encourage alarm users and slarm companies
to properly use and maintain the operational effectiveness and proper
utilization of alarm systems and to reduce or eliminate false alarms
which may unduly divert law enforcement from responding to criminal
activity.
2.
This Part governs systems intended to summon law enforcement and
fire response, and requires registration, establishes fees, provides
for penalties for violation, establishes a system of administration,
and sets conditions for suspension or loss of registration.
[Ord. 427, 4/4/2006]
As used in this Part, the following terms shall have the meanings
indicated:
A person or persons designated by the governing authority
to administer and enforce this Part.
The business, by an individual, partnership, corporation
or other entity of selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving, installing or monitoring an alarm system
in an alarm site.
A notification to a law enforcement agency that an alarm,
either manual or automatic has been activated at a particular alarm
site.
The notification by an alarm company or an alarm user of
the alarm administration that an alarm system has been installed and
is in use.
A single fixed premises or location served by an alarm system
or systems. Each tenancy, if served by a separate alarm system in
a multi-tenant building or complex shall be considered a separate
alarm site.
A device or series of devices, including, but not limited
to, systems interconnected with a radio frequency method such as cellular
or private radio signals, which emit or transmit a remote or local
audible, visual or electronic signal indicating an alarm condition
and intended to summon law enforcement service of the municipality,
including local alarm system. Alarm systems does not include an alarm
installed in a vehicle or person unless the vehicle or personal alarm
is permanently located at a site.
Any person, firm, partnership, corporation or other entity
who (which) uses or is in control of any alarm system at its alarm
site.
Any electrical, electronic, mechanical or other device capable
of being programmed to send a prerecorded voice message, when activated,
over a telephone line, radio or other communication system, to a law
enforcement agency.
The process by which an alarm company providing monitoring
verifies with the alarm user or responsible party that a false dispatch
has occurred and that there is not an existing situation at the alarm
site requiring law enforcement agency response.
The transaction or process by which one alarm company begins
monitoring of a previously unmonitored alarm system or an alarm system
previously monitored by another alarm company.
A silent alarm system signal generated by the manual activation
of a device intended to signal a life threatening situation or a crime
in progress requiring law enforcement response.
An alarm dispatch request to a law enforcement agency, when
the responding officer finds no evidence of a criminal offense or
attempted criminal offense after having completed a timely investigation
of the alarm site.
A silent alarm signal generated by the manual activation
of a device intended to signal a robbery in progress.
A device that allows control of an alarm system by the manual
entering of a coded sequence of numbers or letters.
The Commissioner, Superintendent, Sheriff, and Chief of Police,
director of a law enforcement agency or an authorized representative.
A license issued to an alarm company to sell, install, monitor,
repair, or replace alarm systems by an authority having jurisdiction.
Any alarm system that annunciates an alarm only by an internal
or external audio device.
The process by which an alarm company receives signals from
an alarm system and relays an alarm dispatch request to the municipality
for the purpose of summoning law enforcement response to the alarm
site.
The manual activation of a silent alarm signal by entering
at a keypad a code that adds one to the last digit of the normal arm/disarm
code (Normal code = 1234 One plus Duress Code = 1235).
An audible alarm system signal generated by the manual activation
of a device intended to signal a life threatening or emergency situation
requiring law enforcement response.
An individual, corporation, partnership, association, organization
or similar entity.
The transaction or process by which an alarm user takes overt
control of an existing alarm system, which was previously controlled
by another alarm user.
An attempt, by the alarm company, or its representative,
to contact the alarm site by telephonic or other electronic means,
whether or not actual contact with a person is made, before requesting
law enforcement dispatch, in an attempt to avoid an unnecessary alarm
dispatch request.
Subdivisions into which an alarm system is divided to indicate
the general location from which an alarm system signal is transmitted.
[Ord. 427, 4/4/2006]
1.
No alarm user shall operate, or cause to be operated, and alarm system
at its alarm site without a valid alarm registration issued by Baldwin
Township. A separate registration is required for each alarm site.
A.
An additional alarm registration classification shall be required
for alarm systems programmed with duress alarm or holdup alarm.
2.
The annual fee for a registration or registration renewal for a residential
alarm site shall be in an amount as established from time to time
by resolition of the Board of Commissioners.
A.
An additional fee established by Baldwin Township shall be assessed
for an alarm system programmed with duress alarm or holdup alarm.
3.
Upon receipt of a completed application form and the alarm registration
fee, Baldwin Township shall register the applicant unless the applicant
has:
4.
Each alarm registration application must include the following information:
A.
The name, complete address (including apt/suite #), and telephone
numbers of the person who will be the registration holder and be responsible
for the proper maintenance and operation of the alarm system and payment
of fees assessed under this article.
B.
The classification of an alarm site shall be either residential (including
single family dwelling, duplexes, condos, and or mobile homes) or
commercial site.
C.
For each alarm system located at the alarm site, the classification
of the alarm system, i.e., burglary, holdup, duress, or other, for
each purpose whether audible or silent.
D.
Mailing address if different from the alarm site.
E.
Any dangerous or special conditions present at the alarm site.
F.
Name and telephone numbers of at least three individuals who are
able and have agreed to receive notification of an alarm activation
at any time; respond to the alarm site within 30 minutes; and upon
request can grant access to the alarm site and deactivate the alarm
system if such becomes necessary.
G.
Type of business conducted at the alarm site.
H.
Signed certification from the alarm user stating:
(1)
The date of installation, conversion or takeover of the alarm
system, whichever is applicable.
(2)
The name, address, and phone number of the alarm company performing
the alarm system installation, conversion or alarm system takeover
and responsible for providing repair service to the alarm system.
(3)
The phone number of the alarm company monitoring the alarm system
if different from the installing alarm company.
(4)
That a set of written operating instructions for the alarm system,
including written guidelines on how to avoid false alarms, have been
left with the applicant.
(5)
That the alarm company has trained to applicant in proper use
of the alarm system, including instructions on how to avoid false
alarms.
(6)
The law enforcement response may be based on factors such as:
availability of police units, priority of calls, weather conditions,
traffic conditions, emergency conditions, staffing levels, etc.
5.
Any false statement of a material fact made by an applicant for the
purpose of obtaining an alarm registration shall be sufficient cause
for refusal to issue a registration.
6.
An alarm registration cannot be transferred to another person or
alarm site. An alarm user shall inform Baldwin Township of any change
that alters any information listed on the registration application
within five business days.
7.
All fees owed by an applicant must be paid before a registration
may be issued or renewed.
[Ord. 427, 4/4/2006]
A tenant of an apartment with an alarm system shall obtain an
alarm registration from Baldwin Township before operating or causing
the operation of an alarm system in the tenant's residential
unit. The owner or property manager of an apartment complex shall
obtain a separate alarm registration of any alarm system operated
in offices or common areas of the apartment complex. The annual fee
for these registrations or the renewal of these registrations shall
be the same as the fee for a commercial alarm site. Each building
regardless of the number of units contained therein shall be deemed
as one commercial alarm site and shall pay the annual registration
fee for a commercial alarm site.
[Ord. 427, 4/4/2006]
A registration shall expire one year from the date of issuance,
and must be renewed annually by submitting an updated application
and a registration renewal fee to Baldwin Township. Baldwin Township
shall notify each alarm user of the need to renew 30 days prior to
the expiration date. Failure to renew will be classified as use of
a non-registered alarm system and citations and penalties shall be
assessed without waiver. A late fee in an amount as established from
time to time by resolution of the Board of Commissioners may be assessed
if the renewal is more than 30 days late.
[Ord. 427, 4/4/2006]
1.
An alarm user shall:
A.
Maintain the premises and the alarm system in a manner that will
minimize or eliminate false alarms.
B.
Make every reasonable effort to respond or cause a representative
to respond to the alarm system's location within 30 minutes when
notified by the Township to deactivate a malfunctioning alarm system,
to provide access to the premises, or to provide alternative security
for the premises, and should the alarm user either refuse to respond
or not respond within 30 minutes then he/she shall be subject to a
penalties and fines as provided in this Part.
C.
Not manually activate an alarm for any reason other than an occurrence
of an event that the alarm system was intended to report.
2.
An alarm user shall adjust the mechanism or cause the mechanism to
be adjusted so that an alarm signal audible on the exterior of an
alarm site will sound for no longer than 10 minutes after being activated
(or 15 minutes for systems operating under Underwriters Laboratories,
Inc., Standards 365 or 609).
3.
An alarm user shall have a properly licensed alarm company inspect
the alarm system after two false alarms in a one-year period from
the date of registration issuance or renewal. Baldwin Township may
waive an inspection requirement if it determines that a false alarm(s)
could not have been related to a defect or malfunction in the alarm
system to be more false alarm resistant or provide additional user
training as appropriate.
4.
An alarm user shall not use automatic voice dialers.
5.
An alarm user shall maintain at each alarm site, a set of written
operating instructions for each alarm system.
[Ord. 427, 4/4/2006]
1.
Upon enactment of this Part, alarm companies shall obtain a permit
from Baldwin Township to sell maintenance and/or service alarm systems
in the Township prior to installation of same. The fee shall be in
an amount as established from time to time by resolution of the Board
of Commissioners for each permit.
2.
Upon enactment of this Part alarm companies shall not program alarm
systems so that they are capable of sending one plus duress alarms.
Alarm companies may continue to report one plus duress alarms received
from alarm systems programmed with one plus duress prior to enactment
of this Part. However, upon enactment of this Part when a takeover
or conversion occurs or if an alarm user requests an alarm system
inspection or modification pursuant to § 13-306.3 of this
Part, an alarm company must remove the one plus duress alarm capability
from such alarm system.
3.
Upon enactment of this Part alarm companies shall not install a device
activating a hold-up alarm, which is a single action non-recessed
button, An alarm company must remove all single action non-recessed
buttons when a takeover or conversion occurs.
4.
Upon enactment of this Part alarm companies shall use control panels
tested for conformance to the Security Industry Association (SIA)
control panel standard - features for false alarm reduction.
5.
After completion of the installation an alarm company employee shall
review with the alarm user the customer false alarm prevention checklist
(Appendix B) or an equivalent approved by Baldwin Township.
6.
An alarm company performing monitoring services shall:
A.
Shall offer a training period in which no request for dispatch by
law enforcement will occur during the first seven days after installation
of an alarm system, but rather will use that week to train the alarm
user on proper use of the alarm system unless circumstances necessitate
immediate requests for response as determined by Baldwin Township.
B.
Report alarm signals by using telephone numbers designated by Baldwin
Township.
C.
Attempt to verify every alarm signal, except a duress and holdup
alarm activation before requesting a law enforcement response to an
alarm system signal.
D.
Communicate alarm dispatch requests to the municipality in a manner
and form determined by Baldwin Township.
E.
Communicate cancellations to the municipality in a manner and form
determined by Baldwin Township.
F.
Ensure that all alarm users of alarm systems equipped with a duress
or holdup alarm are given adequate training as to the proper use of
the duress or holdup alarm.
G.
Communicate any available information (north, south, front, back,
floor, etc.) about the location of the alarm.
H.
Communicate type of alarm activation (silent or audible, interior
or perimeter).
I.
Provide alarm user registration number when requesting dispatch.
J.
Endeavor to contact the alarm user when an alarm dispatch request
is made.
K.
Upon enactment of this Part alarm companies that perform monitoring
services must maintain, for a period of at least one year, records
relating to alarm dispatch request. Records must include the name,
address, and phone number of the alarm user, the alarm system zone(s)
activated, the time of alarm dispatch request and evidence of an attempt
to verify. Baldwin Township may request copies of such records for
individually named alarm users.
[Ord. 427, 4/4/2006]
Baldwin Township can appeal to an appropriate governmental body regulating the alarm company to suspend or revoke the alarm company's license when the alarm company fails to comply with the duties listed in § 13-307. In the event Baldwin Township cannot obtain required information about the alarm company from the governmental body regulating the alarm company, Baldwin Township can require the alarm company to supply the required information in a registration with Baldwin Township.
[Ord. 427, 4/4/2006]
1.
An alarm user shall be subject to penalties, warnings and suspension
or revocation of registration depending on the number of false alarms
emitted from an alarm system within a twelve-month period from the
date of registration or renewal based upon the following schedule:
|
Number of False Alarms
|
Penalty
|
|---|---|
|
1, 2, or 3
|
$0
|
|
4
|
$50
|
|
5 or more
|
$100
|
2.
In addition, any person, operating a non-registered alarm system
(whether suspended or never acquired) will be subject to a citation
and assessment of a $200 penalty for each false alarm, in addition
of any other penalties.
3.
If cancellation occurs prior to law enforcement arriving at the scene,
this is not a false alarm for the purpose of penalties and no penalties
will be assessed.
4.
The alarm company shall be issued a citation if the officer responding
to the false alarm determines that an on site employee of the alarm
company directly caused the false alarm. In this situation this will
not be counted against the alarm user.
5.
The alarm company may be penalized for failure to verify if the alarm
administrator determines the existence of the consistent pattern or
written policy against verification.
6.
The alarm company can be penalized if the alarm administrator determines
that an alarm company employee make a false statement concerning the
inspection of an alarm site or the performance of an alarm system.
[Ord. 427, 4/4/2006]
1.
Alarm Administrator Township may suspend alarm response if it is
determined that:
A.
The alarm user has four or more false alarms in one year.
B.
There is a false statement of a material fact in the application
for a registration.
D.
The alarm user has failed to submit a written certification from
an alarm company that complies with the requirement of this article,
stating that the alarm system has been inspected and repaired (if
necessary) by the alarm company.
2.
A person commits an offense if he/she operates an alarm system during
the period in which his alarm registrations suspended and is subject
to enforcement and penalties set in this Part. An alarm company commits
an offense if it continues to request law enforcement dispatch to
an alarm site after notification by the alarm administrator that the
registration has been suspended or revoked and is subject to enforcement
and penalties set in this Part.
3.
If the alarm registration is reinstated, alarm administrator may
suspend alarm response if it is determined that two false alarms have
occurred within 60 days after the reinstatement date.
[Ord. 427, 4/4/2006]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 427, 4/4/2006]
Information contained in registration application shall be held
in confidence by all employees or representatives of the municipality
and by any third-party administrator or employees of a third-party
administrator with access to such information.
[Ord. 427, 4/4/2006]
Registration of an alarm system is not intended to, nor will
it, create a contract, duty or obligation, either expressed or implied,
of response. Any and all liability and consequential damage resulting
from the failure to respond to a notification is hereby disclaimed
and governmental immunity as provided by law is retained. By registering
an alarm system, the alarm user acknowledges that police response
may be based on factors such as: availability of police units, priority
of calls, weather conditions, traffic conditions, emergency conditions,
staffing levels.
