[HISTORY: Adopted by the Township Council
of the Township of Pemberton as indicated in article histories. Amendments
noted where applicable.]
[1]
Editor's Note: Ord. No. 25-2019, adopted 6-9-2019, provided
for the renaming of former Ch. 141, Peace and Good Order, to Alarms
and Alarm Systems.
[Adopted 6-15-1989 as Ord. No. 19-1989; amended in its entirety 6-19-2019 by Ord. No. 25-2019]
As used in this article, the following terms shall have the
meanings indicated:
Any device employed to call attention to or provide warning
of fire or intrusion by any person, whether the same provides a visual
or audio response, alarm or warning. The term "alarm system" shall
not include:
Concealed battery- or electrical-powered smoke detector or carbon
monoxide detector units located within single-family residences and
which give out an audible signal;
Automobile alarm systems; or
An alarm designed to alert only the inhabitants of a premises
that does not have a sounding device which can be heard on the exterior
of the alarm site.
An alarm station that transmits the alarm to an alarm processing
center, which then calls to dispatch police and/or fire personnel.
An alarm device using telephone or other lines, which transmits
an alarm signal of fire or intrusion to Burlington County Central
Communications and/or the Pemberton Township Police Department.
Any alarm or signal activated or transmitted by inadvertent,
negligent, unintentional or intentional act or omission of a person
(caused or transmitted other than by an intruder), and shall also
include alarms caused by malfunctioning of the alarm device or other
related equipment. False alarms shall not include:
A.Â
Activation caused by power- or phone-line interruptions when such
interruptions have been reported to Burlington County Central Communications
and/or the Pemberton Township Police Department; and
B.Â
An alarm which is cancelled by the owner-registrant or agent prior
to the time the responding police officer or fire apparatus is dispatched
to the alarm site; and
C.Â
When the responding police officer finds evidence of criminal offense
or attempted criminal offense or calamity, such as fire damage by
natural elements.
A.Â
The provisions of this section shall not apply to any alarm system
installed on the property owned or occupied by any Township, county,
state or federal government agency or office or to any alarm device
having only an indoor audible or visual/flashing system and which
are not dial alarm devices.
B.Â
Alarm devices having an audible alarm installed out of doors shall be designed to limit the operation of a bell or sound-producing instrument to a maximum of 20 minutes after activation. If the duration of an outside activated audible alarm exceeds 20 minutes, the warnings and penalties provided by § 141-5 of this article shall apply as though a false alarm has been activated.
A.Â
The provisions of this article shall apply to any person who owns, operates, leases or maintains any type of alarm or alarm system or maintains a central alarm station, each as defined in § 141-1. The provisions of this article shall in no way prohibit service by a private source to persons within or without the Township, so long as such operating, leasing or maintaining of premises protected by an alarm system shall be in accordance with this article.
B.Â
It shall be unlawful for any person to cause, allow or activate a
false alarm, as defined in this article. In case of a false alarm,
any person and any registrant who violates this article shall each
be subject to the provisions of this article. In case of a false alarm,
any person having knowledge of the false alarm shall immediately notify
the Township Department of Community Development.
The Fire Chief and/or the Police Chief, or their respective
designees, shall maintain a record of false alarms which pertain to
their respective area of responsibility. When a false alarm is not
the result of a reasonably unforeseeable and unpreventable outside
cause but resulted from causes such as misuse, accident, improper
supervision or equipment malfunction, the Fire Chief and/or Police
Chief shall provide a report to the Director of Community Development
within seven days thereof, which report may include recommended corrective
measures. The Director of Community Development shall provide written
notice of a false alarm to the owner and/or tenant, and order corrective
measures. This article shall be enforced by the Department of Community
Development and the Pemberton Township Police Department.
In addition to any other penalties issued pursuant to state
law or regulations for improper installation or maintenance, the occurrence
of a false alarm shall subject the owner and/or tenant, jointly and
severally, to the penalties as set forth below:
A.Â
For the first and second false alarm offense in any calendar year,
a written warning.
B.Â
For the third false alarm offense in any calendar year, a penalty
not to exceed $250.
C.Â
For the fourth false alarm offense in a calendar year, a penalty
not to exceed $500.
D.Â
For the fifth false alarm offense in a calendar year, a penalty not
to exceed $1,000.
E.Â
For the sixth and subsequent false alarm offenses in a calendar year,
a penalty not to exceed $2,000.
The owner and/or tenant of the property shall be responsible for any penalties issued in accordance with § 141-5 set forth above. In the event the penalties are not satisfied by the owner and/or tenant of the property within 60 days of the date of the notice from the Township to the owner and/or tenant of the property, said penalties shall be certified by the local enforcement agency to the Tax Collector of the Township of Pemberton, and shall forthwith become a lien upon the property in question and shall be added and become part of the taxes next to be assessed and levied upon such property, the same to bear interest at the same rate as other taxes, and shall be collected and enforced by the same officers in the same manners as taxes.