[HISTORY: Adopted by the Town Council of the Town of Phillipsburg 11-25-1986
by Ord. No. O:86-43 (Ch. 3A of the 1969 Code). Amendments
noted where applicable.]
The purpose of this chapter is to establish standards and regulations
concerning the installation, operation and maintenance of certain alarm systems
within the Town of Phillipsburg.
A.
Any person who desires to own, operate, lease or maintain
an alarm system in the Town shall file a registration permit annually. The
permit shall contain the location of the alarm system, the installer's name
and address, the type of device, information relating to false alarms and
testing procedures, a list of names and addresses and telephone numbers of
persons to be contacted in the event of an alarm and such other information
as may be required by the Police Department.
B.
The Police Department shall issue a registration permit
for the ownership, operation or maintenance of an alarm system to any person
desiring to own, operate, lease or maintain an alarm system, if the Police
Department is satisfied that the registration information is complete and
that the alarm system is capable of being operated in conformance with this
chapter. The registration permit may be granted subject to any special conditions
stated thereon, if this is deemed necessary by the Police Department.
C.
A registration permit shall be valid only for the calendar
year in which it is issued, provided that all required amendments thereto
have been filed. A registration permit shall automatically terminate upon
a change in occupancy for the premises for which the permit was issued.
D.
Any permit granted hereunder shall be accepted upon the
express condition that the registrant shall indemnify and hold the Town harmless
from and on account of any and all damages arising out of the activities of
the registrant, its alarm contractor or the alarm console licensee of the
Town.
E.
A fee of $10 shall be paid when filing for a registration
permit. The permit application shall be submitted no later than January 31
of each year or within 30 days of installation of the system.
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 Department.
Any device employed to call attention to or provide warning of intrusion
by any person or by fire, smoke, flood or other peril, whether the same provides
a visual or audio response, alarm or warning.
An alarm system which, when actuated, emits a sound which can be
heard beyond the boundaries of the premises on which it is located.
The type of automatic telephone dialing service using the telephone
system to transmit an alarm of intrusion, fire, smoke, flood or other peril
to the Police Department or any third party.
An alarm device which has a direct line to an alarm console.
Any alarm or signal of an alarm actuated by the inadvertence, negligence
or intentional or unintentional act of a person other than an intruder, and
including alarms caused by mechanical failure, malfunction or improper installation
of the alarm system and related equipment. "False alarms" shall not include
activations caused by power or phone line interruptions where such interruptions
have been reported to the Police Department.
Any alarm device, other than a direct or dial alarm, which, when
actuated, produces an external emergency signal.
Any individual, person, firm, association, partnership, corporation,
organization or club.
Any person owning, operating, leasing or maintaining an alarm system
within the scope of this chapter who has been issued a registration permit
to operate and maintain such alarm system.
The provisions of this chapter shall apply to any person who owns, operates,
leases or maintains any alarm system situated in the Town if the alarm system
has an audible signaling device or a device which requires a response by the
Police Department, Fire Department, Emergency Squad or other Borough agency.
The provisions of this chapter shall in no way prohibit service by a private
source to persons within or without the Town so long as such activity is not
in violation of this chapter, and provided further that any person owning,
operating, leasing or maintaining a premises protected by an alarm system
shall be responsible for the registration thereof in accordance with this
chapter.
Any connection to the police alarm console shall be of a type inspected
and approved by the Chief of Police or his designated representative.
All components of an alarm system shall be maintained in good repair
and shall operate in a proper manner. When evidence exists that there has
been failure to comply with the maintenance and operation requirements of
this chapter, the Police Department shall then be authorized to demand that
such alarm system be disconnected until such time as compliance with the provisions
of this chapter has been established. 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.
A.
In the case of a false alarm or of improper maintenance
or operation of an alarm system, any person having knowledge thereof shall
immediately notify the Police Department. 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. For such alarms, the following penalties shall prevail:
[Amended 9-21-2004 by Ord. No. O:2004-23]
(1)
For the first and second false alarm in the same calendar
year, a warning shall be issued.
(2)
For the third and fourth false alarm in the same calendar
year, a penalty shall be assessed in accordance with the local Violations
Bureau schedule.
(3)
For the fifth or all subsequent false alarms in the same
calendar year, a penalty shall be assessed in accordance with the local Violations
Bureau schedule.
B.
Where the investigation of the Police Department discloses
a continued disregard by the owner for taking remedial steps for avoiding
false alarms or for continued failure to maintain or operate an alarm system,
the Police Department shall have the right to require the disconnection of
the alarm system for a limited or permanent time, giving the owner an opportunity
to show cause to the Police Department why such action should not be taken.
A person aggrieved by the decision of the Police Department shall have the
right to appeal said decision of the Business Administrator within 10 days
of the decision.
C.
The Town of Phillipsburg and the Phillipsburg Board of
Education are hereby exempt from this chapter.
[Added 10-4-2005 by Ord. No. O:2005-33]