[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town
of Dover 4-22-2003 by Ord. No. 7-2003.
This ordinance also superseded former Ch. 101, Alarm Systems, adopted 5-27-1975,
as amended. Amendments noted where applicable.]
The purpose of this chapter is to establish standards, procedures and
controls for all types of intrusion, burglar, fire and other emergency alarm
devices which are designed, directly or indirectly, to summon assistance from
the Police Department, Fire Department or other municipal department, agency
or official.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person who is employed by any business, firm, corporation or
other commercial entity for the business of owning, operating, maintaining,
installing, leasing or selling alarm devices whose duties include any of the
following: selling, maintaining, leasing, servicing, repairing, altering,
replacing, moving or installing in or on any building, place or premises any
alarm device within the Town of Dover.
Any business, firm, corporation or other commercial entity which
is in the business of owning or operating, maintaining, installing, leasing
or selling alarm devices or devices or a system of alarm devices, which business,
firm, corporation or other commercial entity is an owner, operator, provider
of maintenance service, installer or lessor or seller-of said devices or systems
of devices.
The console or control panel of devices producing a visual or audio
response, or both, and located within the Municipal Building of the borough.
Any device or mechanism used or designed for detection and warning
of unauthorized entry, fife, smoke, flood or other perils, but specifically
excluding local alarm mechanisms located entirely within enclosed residential
buildings, i.e., those residential units not connected to a central alarm
station.
Any alarm device or aggregate of alarm devices installed on or within
a single building or on or within more than one building or other structure
on a common site, at a specific location.
Any facility operated by a private firm that owns or leases a system
of emergency alarm devices, which facility is manned at all times by trained
operators employed to receive, record and validate alarm signals and to relay
information concerning such validated signals to the police or fire dispatch
room.
Any alarm device which automatically or electronically selects a
telephone trunk line of the Police or Fire Department of the borough and then
delivers a signal or reproduces a prerecorded digital message to report a
criminal act or other emergency. This specifically excludes tape dialers.
Any alarm device connected directly by leased telephone wires from
a specific location to the radio dispatch room at the Municipal Building.
Any signal or message received by the Police or Fire Department and
to which either or both respond, which signal or message was directly or indirectly
brought about or produced by an alarm device of any type, but which was not
the result of criminal activity or other emergency and which was not created
by malfunction of the alarm console within the Municipal Building.
Any police alarm device actuated by a holdup, robbery or theft at
a specific location.
Any alarm device which, when actuated, produces an audible signal
beyond the boundaries of the premises or visible signal designed to notify
persons within audible or visible range of the signal that a criminal act
or other emergency is occurring or has occurred.
The Town of Dover or any department, agency or officer duly authorized
to act on behalf of the municipality.
Any private individual, partnership, corporation or firm which holds
a permit from the municipality to use an alarm device on premises owned or
leased by it.
A.
Except as hereinafter provided, it shall be unlawful
for any individual, partnership, corporation or firm to operate or maintain
an alarm device that is directly connected to the Dover Police Department,
as defined by this chapter, without a valid permit.
B.
Any individual, partnership, corporation or firm which
owns and operates or maintains an alarm device or devices shall make application
to the Chief of Police for a permit therefor on forms supplied by the Police
Department. The application shall specify:
(1)
The name, address and telephone number of the owner and
user of the alarm installation.
(2)
The exact location of the alarm device or devices.
(3)
The name and address of the installer of said device.
(4)
The specific type of alarm detecting device.
(5)
The name and address of the individual or firm regularly
servicing said alarm device, if any.
(6)
Provisions relating to false alarms and testing procedures.
(7)
A list of names and addresses of persons to be contacted
in the event of an alarm.
(8)
Other information relating to the alarm device reasonably
required by the Chief of Police.
(9)
A certification of twenty-four-hour emergency service.
(10)
Addresses of subscribers or persons authorized by subscribers
to respond.
C.
Applications for permits must be filed on or before January
15 next succeeding the adoption of this chapter for all existing or new alarm
installations and shall be accompanied by an annual fee payable to the municipality
in accordance with the schedule of fees hereinafter set forth.
D.
All permits shall expire on December 31 in the year issued
and shall not be valid after said date. A renewal permit application must
be filed with the Chief of Police on or before January 15 in each year and
shall be accompanied by an annual fee payable to the municipality in accordance
with the schedule of fees hereinafter set forth. Any alarm renewal application
and/or renewal fee that is not filed or paid prior to February 1 shall result
in an additional twenty-five-dollar late fee for each month the renewal application
and/or renewal fee is past due. The renewal application, on forms supplied
by the Police Department, shall provide for any changes in information from
that contained in the original application or in the most recent renewal application.
E.
The Chief of Police is the designated official of the
municipality to issue and renew permits, to remove or suspend permits and
to otherwise enforce and apply the provisions of this chapter.
F.
An application for a permit or permit renewal may be
denied if the Chief of Police disapproves of the equipment intended to be
used or continued by the applicant or the manner of use thereof or if the
applicant has violated any other provision of this chapter or is in default
in the payment of the annual fee.
G.
All permits as may be granted hereunder shall be accepted
upon the express condition that:
(1)
The permittee shall defend, indemnify and save harmless
the municipality and its authorized officials, agents and employees from and
against any and all damages, costs, expenses and liabilities arising out of
the acts or failure to act of the municipality, the permittee, the alarm contractor
or any one or more of them, or arising out of any defects, deficiencies or
inadequacies in any alarm device or devices for which a permit has been granted
or in any installation, monitoring or maintenance thereof or by reason of
any malfunction or defect in the operation or maintenance of the alarm console.
(2)
The permittee shall comply with all other provisions
of this chapter.
A.
The permittee shall pay an annual fee to the Town of
Dover for direct connection/monitoring in the amount of $200 for the year
2003. This fee shall thereafter be set each year by resolution on January
1 by the Mayor and Board of Alderman upon the recommendation of the Town Chief
of Police. The fee is due and payable on or before January 15 of each year,
to be accompanied by an original application for permit or a renewal application,
as the case may be. No permit shall be issued until the required annual fee
has been paid in full. This fee shall be prorated for any connection made
after the month of January; however, no portion of the fee paid is refundable
after the permit is issued regardless of termination, revocation or suspension
of permit.
B.
A one-time connection fee shall be paid to the Town of
Dover at the time of approval of the application for connection to the alarm
console. The fee for connection during the year 2003 shall be $75. This fee
shall thereafter be set each year by resolution on January 1 by the Mayor
and Board of Alderman upon the recommendation of the Town Chief of Police.
C.
Those permittees who are connected to the Town console
at the effective date of this chapter may remain connected to the Town console
but such permittees shall meet all conditions set forth in this chapter. There
shall be no connection fee charged to such permittees but all other fees shall
be applicable.
D.
There shall be no fees under this section due from municipal
governmental entities or departments of the Town of Dover, which entities
include the Dover Board of Education, the Dover Housing Authority and the
Dover Free Public Library and the Dover Water Commission
E.
All applications for renewal of a permit must be filed
with the Chief of Police by January 15 of each year, together with the renewal
fees as specified by resolution of the Mayor and Board of Alderman. Any alarm
renewal application and/or renewal fee that is not filed or paid prior to
February 1 shall result in an additional twenty-five-dollar late fee for each
month the renewal application and/or renewal fee is past due.
The Town of Dover and its various departments, agencies and officials
shall be under no duty or obligation to any permittee or to any other person
or persons with respect to the adequacy, operation, installation, repair or
maintenance of the alarm console equipment and any allied or related equipment
or services and assumes no liability in connection therewith. Upon issuance
of a permit hereunder, the permit holder hereby agrees to indemnify and hold
and save harmless the Town of Dover and its departments, agencies and officials
from any liability or damages suffered as a result of or arising out of improper
or faulty installation, operation or maintenance of any police or fire alarm
system of the permittee or the improper or faulty installation, operation
or maintenance of the alarm console at the Municipal Building. No action taken
by the Town or the Town Police Department pursuant to the provisions of this
section shall create any liability upon the Town or the Town Police Department
by reason of any failure of any alarm system or local alarm, any failure to
respond to any emergency or any act of omission or commission relating to
any alarm system or local alarm.
A.
A permit may be denied, suspended or revoked by the Chief
of Police, either temporarily or permanently, upon 30 days' written notice
to the permittee, for any one or more of the following reasons:
(1)
Failure or refusal of the permittee or his agent or employee
to immediately comply with a request by a member of the Police or Fire Department
to proceed to the location of the permittee's alarm and render services
as requested.
(2)
Knowingly installing or maintaining an inferior or faulty
alarm system. Nine false alarms in any one twelve-month period shall be prima
facie evidence that such an alarm system is knowingly a faulty device. A permittee
shall repair or replace any alarm found to be inferior or defective by the
Fire or Police Chief within 14 days after notice thereof.
(3)
Failure or refusal of the permittee to pay the required
initial connection fee or annual fee where the alarm system of the permittee
is directly connected to the console.
(4)
A breach of any of the terms or conditions of the permit
or the failure or refusal of the permittee to comply with all of the rules
and regulations promulgated by the Police or Fire Chief as hereinafter provided.
(5)
Abuse of the privilege of owning or operating an alarm
system to the detriment of the public.
B.
Fines.
(2)
Said fees shall be paid to the Town of Dover within 30
days of service or written notice upon the permittee of assessment of the
fees. The written notice shall state the date and time of each false alarm
attributable to the permittee for the year in which the notice is given.
(3)
In addition to the service fees for false alarms, where
investigation by the Police or Fire Department shows that false alarms continue
to result due to the failure of the permittee to take corrective action to
avoid false alarms, or in the event that the permittee shall fail to remit
the required service fee, the permittee shall disconnect and deactivate the
alarm system within 10 days of receipt of written notice from the Chief of
Police to do so. The Chief of Police is authorized to disconnect the system
from the console. Each and every day after the 10 days in which the permittee
shall fail to comply with the notice to disconnect shall constitute a separate
violation of this provision.
C.
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 Mayor and Board of Alderman of the Town
of Dover by filing a written notice of appeal with the Town Clerk within 30
days of the alleged wrongful or improper act of the Police Chief.
A.
All alarm devices shall be installed in accordance with
all applicable municipal and governmental laws, ordinances and requirements.
B.
Any permittee utilizing the services of any other alarm company connected to the borough console shall provide for a representative to be on call at all times, and adequate service shall be provided within eight hours of notification by the Police or Fire Department of any malfunctioning or faulty equipment. All connections to the borough console shall be made by the contractor selected by the Town to maintain the Town console at a fee to be paid by the permittee as set forth in § 101-4.
C.
Any unauthorized equipment may be disconnected by the
Chief of Police or his designated representative for noncompliance with this
chapter upon five days' written notice to the permittee; any person installing,
maintaining or using unauthorized equipment shall be prosecuted for violation
of this chapter, and each and every day said equipment is in use shall be
considered a separate violation. The five-day notice period shall run from
the date of mailing.
D.
A permittee shall respond to the source of a signal or
transmission from an alarm device as promptly as possible after the actuation
of such device and shall contact the Police or Fire Department dispatched
to the scene. The permittee shall relieve the police or firefighter in charge
whenever there is no apparent fire or criminal activity at the scene of the
alarm.
E.
Any permittee shall be deemed to have consented to inspection
of the premises on which said alarm device is installed, at reasonable hours,
by the Police or Fire Chief or his designated representative. This provision
shall not be construed to impose a duty on the municipality to make inspections
or to relieve the alarm owner from inspecting, testing and maintaining his
own alarm device(s).
F.
If the location of the fire or police communications
facilities should be changed at any time, permittees or licensees under this
chapter shall not be permitted to charge the municipality with any resulting
cost of moving the alarm equipment.
G.
All costs and recurring charges incurred in the installation
and maintenance of alarm systems shall be borne by the permittee except where
this chapter indicates that such costs shall be paid by the licensee.
H.
No person shall use or cause or permit to be used any
alarm device that automatically selects a telephone trunk line of the Police
Department or Fire Department of the Town of Dover and then reproduces any
prerecorded voice message to report a robbery, burglary, fire or other emergency.
This shall not affect any alarm device that has been approved by the effective
date of this provision, nor shall it have any effect on equipment used by
the Town of Dover Police Department.
I.
All local alarms, as defined in § 101-2, must be equipped with a device or devices that limit the audible signal to a duration not to exceed 10 minutes. In any case where the alarm system and/or local alarm emits sound for more than 10 minutes in violation of this section, or for periodic intervals exceeding 10 minutes each repeatedly, or of any provisions of this chapter, the operation or maintenance of the alarm system shall be deemed to constitute the grant of permission by the owners and occupants of the premises for law enforcement, first aid or fire officials to enter said premises and investigate and to disconnect the alarm system. The owners and occupants, by operating or maintaining the alarm system, agree to hold harmless and defend the borough or its law enforcement, first aid or fire officials, agents and employees from any and all claims for such entry on the premises and any liability and damages that may occur. The minimum fine for violation of this section shall be $25 with a maximum of $500.
J.
Any alarm produced by any alarm system shall clearly
distinguish between intrusion-related alarms and fire-related alarms. No alarm
system shall be permitted that produces the same or similar signal from both
calls, nor shall any alarm system be permitted that produces the same or similar
signal for more than one location.
K.
All alarm agents and alarm businesses, as defined in § 101-2, that are presently conducting or intend to conduct business within the Town of Dover shall register with the Police Department prior to conducting business. The Police Department shall provide a registration form, which shall require the alarm agent or business agent to provide the following information:
L.
Alarm agents; penalties.
(1)
All alarm agents must notify the Town of Dover Police
Department by telephone prior to performing any tests or repairs on any alarm
system within the Town other than fire alarm systems. All alarm agents must
notify the Dover Fire Department by telephone prior to performing any tests
or repairs on any fire alarm system within the Town.
(2)
Penalties.
(b)
Violations of more than four per year from any one alarm
system site or location shall be grounds for the borough, in its discretion,
to terminate the permit for connection to the Town console.
(c)
Any assessment of penalty under this subsection shall
preclude a penalty to the permittee for a false alarm for such incident.
(3)
Payment of penalties under this subsection. Said penalties
shall be paid to the Town of Dover within 30 days of service or written notice
upon the alarm agent of assessment of the penalty. The written notice shall
state the date and time attributable to the alarm agent's violation of
this section for the year in which the notice is given.
A.
Notification of use. Every individual, partnership, corporation
or firm who installs, maintains or uses a local alarm with an audible warning
signal within the Town shall notify the Chief of Police of such local alarm
by completing and filing with the Chief of Police a form to be furnished by
the Chief of Police providing for the following information:
(1)
The name, address and telephone number of the owner and/or
occupant of the property served by the local alarm.
(2)
The location of the property served.
(3)
The name, address and telephone number of any company
maintaining the local alarm.
(4)
The name and telephone number of a person to be notified
of a faulty local alarm at any time when no one is present on the property
served by the local alarm.
(5)
Such other reasonable information as requested by the
Police Department in regard to such device.
B.
Proper maintenance. Every person who installs, maintains or uses a local alarm to serve an improved property within the Town shall promptly correct or disconnect any faulty device upon notice from the Police Department. Nine false alarms within any twelve-month period shall constitute prima facie evidence that a local alarm is faulty. Fines and penalties for violation of this section shall be as set forth in § 101-6B(1) of this chapter.
Any person, firm, corporation or other organization found guilty of
violating any provision of this chapter for which there is no specific penalty
set forth in this chapter, shall, upon conviction thereof, be punishable by
one or more of the following in the discretion of the Judge: a fine of not
to exceed $1,250; or by imprisonment for a term not exceeding 90 days; or
by a period of community service not exceeding 90 days. In the event that
a fine is imposed pursuant to this section, such fine shall be no less than
$100.
