[HISTORY: Adopted by the Common Council of the City of Linwood 5-22-1991 by Ord. No. 8-1991. Amendments noted where applicable.]
Smoke and heat detection devices — See Ch. 152.
Alarm system franchise — See Ch. A284.
After the enactment of this chapter, owners or lessees must equip audible alarms with a timing mechanism that will disengage the audible alarm after a maximum period of 15 minutes or provide police with the name and phone number of a local resident with a key or code to silence the system. Audible alarms without such timing mechanism shall hereafter be unlawful in the City and must be disconnected by the owner or lessee within 60 days from the effective date of this chapter.
No automatic protection devices installed after the effective date of this chapter shall be keyed to a primary or secondary phone line.
Automatic protection devices that utilize voice recordings are prohibited from being keyed to any primary, secondary, direct, leased or designated trunk lines at the Linwood City Police or Communications Department.
The time for transmitting each digital electric or electronic message shall not exceed five seconds.
Within 60 days from the effective date of this chapter, existing automatic protection devices in the City of Linwood shall be disconnected from primary and secondary phone lines at the expense of the owner or lessee.
Each alarm equipment supplier who sells or leases an automatic protection device which is keyed to a designated phone line or who sells, installs or leases an alarm system in the City shall make service available on a twenty-four-hour-per-day basis, seven days a week, for repair of such device or system or to correct any malfunction that may occur. Such service shall be made available for any person using an automatic protection device or alarm system and shall be supplied at the user's expense.
At the time of installation, the alarm equipment supplier shall furnish to any buyer or lessee using a repair service written information as to how service may be obtained at any time, inclusive of the telephone number of the alarm equipment supplier or the agent responsible for service. The buyer or lessee and the alarm equipment supplier shall be responsible for having the device disconnected or repaired as quickly as possible after notice that the automatic protection device is not functioning properly. The same shall be true for alarm systems.
When messages or alarms evidencing failure to comply with the operational requirements set forth in this chapter are received by the Police Communications or Fire Department of the City of Linwood, and where, upon investigation, a recommendation is made to the Chief of Police that the automatic protection device or alarm system sending such message or alarm should be disconnected in order to relieve the particular department of the burden of responding to false alarms, the Chief of Police or his delegate is hereby authorized to serve demand upon the owner or lessee or his representative to disconnect the device until such time as it is brought in compliance with the operational requirements of this chapter. The owner or lessee or his representative shall have a period of seven days from the date of notice to disconnect the device or bring it into compliance with the operational requirements of this chapter. If the owner, lessee or his personal representative fails to comply, this shall be deemed to be a violation of this chapter. Thereafter, each day of violation shall be deemed to be a new and subsequent offense.
"False alarm" shall mean any burglary, fire, security or other alarm utilizing central station systems and all alarms utilizing an audible alarm system, caused by misuse, accidental activation, inadvertence, negligence, lack of proper maintenance, any unintended or intentional act of someone other than an intruder or by malfunctions of the alarm device or other relevant or related equipment to which the police and/or fire and/or rescue squads of the City of Linwood respond and which is not the result of a fire, burglary or attempted burglary. When, upon arrival at the scene, the investigation conducted by the fire, police or rescue squad does not indicate evidence of a fire, burglary, attempted burglary or request for rescue services, this shall create a presumption of a false alarm. However, "false alarm" shall not include an alarm caused by an act of God or a malfunction of the equipment beyond the control of the owner or lessee thereof.
Record of alarms. The Communications Department of the City of Linwood in connection with the Police Department and the rescue squad shall investigate all alarms and shall maintain a log as to each owner or lessee and record therein the date and time of the alarm, the nature thereof and the department responding thereto.
Notice of contacts.
Owners and lessees of existing installations and the owners and lessee of any installation of audible alarms made on or after the effective date of this chapter shall provide, on a form prescribed by the Communications Department of the City of Linwood, a list of two names of persons to be contacted in the event of activation of said alarm. The owner or lessee shall keep the list updated and shall notify the Communications Department or its designee, in writing, within three days of any change.
This section shall apply equally to owners and lessees of alarm systems and any central monitoring station alarm company that installs or monitors alarms for any Linwood resident or business.
Any person, corporation, partnership or other entity, whether owner or lessee, who owns or controls a fire, burglary or similar alarm or device in the City of Linwood, which causes six false alarms in any calendar year shall be deemed to be in a violation of the provisions of this chapter for each false alarm thereafter. Any third person, corporation, partnership or other entity, not owner or lessee of the fire, burglary or other similar alarm device in the City of Linwood, which device causes five false alarms to be registered on the master control panel of the City of Linwood in any calendar year, shall be deemed to be in violation of the provisions of this chapter for each false alarm registered thereafter.
For the first through third offense, both inclusive (sixth, seventh and eighth false alarms in any one calendar year), a fine of $25 shall be paid; for a fourth offense (ninth false alarm in any one calendar year), a fine or $50 shall be paid. Any subsequent offenses shall be treated as provided in Subsection B of this section. Penalties for the first through fourth violations may be paid through the Violations Bureau.
Any person, corporation, partnership or entity failing to comply with the provisions of this chapter, upon written notice of violation within five days of receipt of such notice, exclusive of Saturdays, Sundays and legal holidays, shall, upon conviction, be punished by a fine of not less than $75 nor more than $500 or by imprisonment for not more than 30 days, or both. Each day of failure to comply with the provisions of this chapter, after expiration of the notice, shall constitute a separate violation.
Any person, not an owner or lessee of an alarm device, found guilty of misuse, intentional false activation or continual false activation shall, upon conviction thereof, be punished by a fine of not less than $75 nor more than $500 or by imprisonment for not more than 30 days, or both.
Continuing offense. Upon conviction, a violator, in addition to any other penalty imposed herein, shall be given five days, exclusive of Saturdays, Sundays or holidays, to either remove the alarm or bring it into compliance with this chapter. For each day thereafter, a failure to do so shall constitute a new and subsequent offense.
Jurisdiction. The Municipal Court of the City of Linwood shall have jurisdiction over this chapter.