[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette. Amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings indicated:
- ALARM SYSTEM
- Any device designed to produce or emit an audio, visual or electronic signal indicating an alarm condition and warning of intrusion by a person or indicating the presence of fire, smoke, flood, or other emergency or peril, for the purpose of alerting others to the existence of an emergency situation requiring immediate response and/or investigation by alarm, police, fire or other agent.
- FALSE ALARM
- The actuation of an alarm system by causes other than those to which the alarm system was designated or intended to respond.
- Any individual, person, firm, association, partnership, corporation, joint venture, society, club, trustee, trust or incorporated activity or other entity, whether comprised of an individual or group of individuals.
- Any person owning, operating, leasing or maintaining an alarm system within the scope of this chapter, who has been issued a registration certificate to operate or maintain such alarm system.
Any person who desires to own, operate, lease or maintain an alarm system shall file a registration application on a form provided by the Lavallette Police Department. The application shall contain the following information:
The location of the alarm system;
The installer's name and address;
The type of device;
A list of names, addresses and telephone numbers of persons to be contacted in the event of an alarm, at least one of whom shall have an address and phone number different from that of the registrant;
Further information may be requested by the Police Department should it be determined that the same is necessary to fulfill the requirements of this chapter and for the health, safety and welfare of the Borough of Lavallette.
It shall be the obligation of the registrant to file a written amendment with the Police Department within 10 days of any change of information contained in the registration statement.
No fee shall be charged to any person filing a registration application or amendment thereto.
The provisions of this chapter shall apply to any person who owns, operates, leases or maintains any alarm system in the municipality if the alarm system is equipped with an audible signaling device or other mechanism calling for a response by the Police Department, Fire Department, First Aid Squad or other municipal agency. The provisions of this chapter shall not prohibit service by a private source to persons within the municipality provided such activity is not in violation of this chapter and provided further that any person owning, operating, leasing or maintaining premises protected by an alarm system shall be responsible for the registration thereof in accordance with this chapter.
All components of an alarm system shall be maintained in good repair and shall operate in the intended manner. Failure to comply with the maintenance and operation requirements of this chapter may result in the ordering that such alarm system be disconnected until such time as compliance with the provisions of this chapter has been established.
The Police Department is hereby authorized to enforce all provisions of this chapter. The Police Department shall have the right to disconnect any malfunctioning equipment from any alarm system until such time as the malfunction has been corrected, and the alarm system is operating in accordance with the provisions of this chapter.
All audible signaling devices shall be equipped with a timing device to limit the sounding of the signaling device to 15 minutes or less; provided, however, that the device may be capable of automatically recycling for not more than one period having a duration of 15 minutes or less.
The Police Department shall cause an investigation to be made of all false alarms and of all improper maintenance or operation of alarm systems and shall keep a record of such false alarms on file.
Any person who owns or controls an alarm system which causes four false alarms in any calendar year shall be deemed in violation of the provisions of this chapter for each false alarm thereafter.
Where an investigation by the Police Department and review of false alarm records discloses a pattern of false alarm violations, that being in excess of four in one calendar year, due to failure of the owner of said system to take remedial steps to avoid false alarms or for continued failure to maintain or operate an alarm system, the Police Department shall have the right to require disconnection of the alarm system. Said disconnection may be for a limited or permanent time. The owner of said disconnected system shall have an opportunity to show cause to the Police Department why such disconnection should not be taken upon notice of the impending disconnection by the Police Department to the owner. A party aggrieved by the decision of the Police Department shall have the right to appeal to the governing body within 10 days of the decision.
Any unauthorized equipment pertaining to the alarm system may be ordered to be disconnected by the Police Department for noncompliance with this chapter. Any placing, installing or maintaining of unauthorized equipment or failing to file a required registration application or amendment thereto shall be in violation of this chapter. Any person placing, installing or maintaining any alarm system shall be deemed as having consented to an inspection of the premises on which said alarm system is installed or maintained at reasonable hours by the Police Department
An act of God, such as a flood, hurricane, earthquake or an electrical power outage, which affects the operation and performance of an approved alarm system shall, after such determination by the Police Department, not subject the owner, operator or lessee to any fine or penalty.
No person shall conduct any test or demonstration of any alarm without having first obtained approval from the Lavallette Police Department.
Any person, firm or corporation that shall be convicted of a violation of a provision of this chapter shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be subject to a fine of no less than $100 and no more than $1,000, by imprisonment not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.