[HISTORY: Adopted by the Township Committee
of the Township of Lumberton 9-2-1980 as Ord. No. 1980-6 (Ch. VA of the 1973
Code). 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 township police station
and/or at the Burlington County Central Dispatch Center and requiring
a response thereto by the Police Department, the Fire Department or
other township 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. The terms of this chapter
shall in no way prohibit alarm companies from providing service by
private source to other offices within or without the township, so
long as such activity is not connected to the alarm console and/or
does not require a police response, except that any person having
premises protected by an alarm device shall be responsible for the
registration thereof, in accordance with the provisions herein provided.
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 police
headquarters of the township and/or 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 Police Department 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 Police Department.
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
or intentional act of someone other than an intruder. This shall include
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.
Any alarm or device which, when actuated, produces a signal
not connected to the alarm console, such as burglar alarms actuating
bell or siren devices.
Any person owning an alarm device or a local alarm within
the scope of this chapter.[1]
A.
Registration required.
(1)
Any person, firm or corporation that owns or operates
an alarm device or a local alarm shall make application for the installation,
operation and continuance thereof, in writing, to the Chief of Police
on the form provided by the Police Department.
(2)
All registration information provided by an applicant
shall be confidential and not disclosed to the public in order to
ensure the protection of the public interest.
B.
Permit for connection to police switchboard. 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
Police Department of the Township of Lumberton or Central Communications
and then reproduces any prerecorded message to report any robbery,
burglary or other emergency or relays by human agency a like message
without first having obtained a written permit from the Chief of Police.
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 Police Department, without having first obtained a written
permit from the Chief of Police.
C.
Application; conditions for issuance of permit. Application
forms and tie-in instructions shall be in a form prescribed by the
Chief of Police and shall be available in the office of the Police
Department. The application shall contain the following information:
(1)
The type of device.
(2)
The location of the device.
(3)
The names of the installers of the device.
(4)
A list of persons to be contacted in the event of
an alarm.
(5)
Provisions relating to false alarms and testing procedures.
(6)
Any other information which may be required by the
Chief of Police.
D.
Investigation. The Police Chief shall cause an investigation
to be made and shall issue the permit if it is found that the system
in the police switchboard or in the Police Department will not jam
the switchboard, constitute a nuisance or otherwise interfere with
or hinder the proper operation of the police work of the township.
E.
Term of permit; renewal. All permits issued under
this chapter shall expire on December 31 of the year in which the
permit is granted. Thereafter, the Police Chief may issue a renewal
permit, provided that on or before December 31 a request is made,
in writing, for such renewal.
F.
Suspension or revocation of permit. Any permit issued
under the provisions of this chapter may be suspended or revoked by
the Chief of Police, upon 10 days' written notice by the Chief of
Police to the permittee, under the following conditions:
(1)
The permittee, 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 service.
(2)
The permittee, 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 Code or the privilege so granted has been
abused to the detriment of the public.
G.
Appeals. Any person aggrieved by the action of the
Chief of Police in denying a permit or in the suspension or revocation
of any permit as provided for by this chapter may appeal to the Township
Committee by serving written notice of such appeal upon the Chief
of Police and the Township Clerk/Administrator.
H.
Unregistered alarms.
(1)
In the event that any person has a dial alarm device
in existence at the time of the passage of this chapter, he shall
have 30 days in which to register the device with the Chief of Police.
Any person not so complying shall be liable to a penalty payable to
the township, as provided for in § 92-11B.
(2)
Any unregistered console-wired alarm may be discontinued
by the Chief of Police or his designated representative with the knowledge
of the Director of Public Safety for noncompliance with this chapter.
Any person installing or maintaining unauthorized equipment shall
be prosecuted for violation of this chapter. Each and every day such
equipment is in operation shall be considered a separate violation.
(3)
Upon discovery of the installation of an unregistered
alarm device, the Chief of Police shall serve the owner with written
notification requiring compliance with the provisions of this chapter.
If the owner fails to do so within 30 days of receipt of such notice,
he shall then be subject to penalties as provided in § 92-11B.
I.
Conditions of issuance. 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.[1]
(2)
No person other than the applicant, his designated
agents and employees shall exercise any privilege granted herein.
(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 shall be penalized,
as provided herein, and shall subject the subscriber to disconnection.
(6)
No subscriber shall fail or refuse to respond to a
police summons to deactivate an alarm, whether or not the same is
legitimately or falsely activated and regardless of the type of alarm.
(7)
A permittee, by acceptance of the permit, shall be
deemed to have consented to the inspection of the premises on which
the alarm devices are installed at reasonable hours by the Chief of
Police or his designated representative.
J.
Fees and charges. For alarm devices, the registrant
shall pay whatever charges are required by any alarm company making
such installation, and false alarm charges. The township shall not
be responsible for any related fees charged the applicant for installation,
maintenance or signal transmission.
A.
Dial alarms shall only be coded to dial a special
separate number to be obtained from the Chief of Police. No dial alarm
shall be coded to dial the number of the general police switchboard.
B.
The message shall conform to an approved format on
the application.
C.
The total length of a message shall not exceed 15
seconds.
D.
A message may be received by police headquarters twice,
but not more than three times.
E.
All components of the equipment shall be maintained
by the owner in good repair. When evidence exists that there has been
failure to comply with the operational requirements of this chapter,
the Chief of Police shall demand that such device be disconnected
until such time as compliance with current requirements is reestablished.[1]
All audible alarms shall be equipped with a
time relay or battery to limit the sounding of an alarm to a maximum
of 15 minutes or less.
Any permittee utilizing any alarm system shall
provide for a repairman to be on call at all times. Such service shall
be provided within eight hours of notification to the permittee by
the Police Department of any malfunction of any equipment.
A.
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 § 92-9. 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 such alarms on file and shall provide the Township Clerk/Administrator with a copy of each such investigation.
B.
Where the investigation of the Police Department discloses
continued abuse of the privilege of connection to the alarm console
and a disregard by 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, conditioned on 10 days written notice by the Chief
of Police to the permittee, provided that no such permit shall be
revoked or suspended without giving the permittee an opportunity to
show cause before the Township Committee as to why any such action
should not be taken.[1]
C.
The Chief of Police 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 to refuse response
to such habitual false alarm offenders, and shall regularly report
such actions to the Township Committee, at least monthly.[2]
The Chief of Police may promulgate, from time
to time, written rules and regulations in order to provide for recordkeeping
and efficient operation and management of the system.
A.
Nonliability of township for maintenance or operation
of equipment. Notwithstanding the payment of any charge and/or the
receiving or issuance of any permit as herein provided, the Police
Department and the Township of Lumberton shall be under no obligation
whatsoever concerning the adequacy, the operation or maintenance of
the device or devices so installed, and the township 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 commission as a result of any such alarm, device or
system.
B.
Assumption of liability by permittee. The applicant
or permittee, upon the acceptance of a permit, hereby agrees to hold
and save harmless the Township of Lumberton, its agents and employees
from any liability whatsoever in connection with any alarm system
or the operation of the same.
C.
Release and indemnification of township. Any applicant
who shall register an alarm device or a local alarm shall be deemed
to have released the Township of Lumberton and any of its employees
from any liability or damages arising from or on account of the use
and maintenance of the alarm console and related activities, and the
applicant shall indemnify and hold the Township of Lumberton harmless
from and on account of any and all damages arising therefrom.
[Amended 8-3-1992 by Ord.
No. 1992-6; 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under § 1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this chapter, state law shall apply.
