[HISTORY: Adopted by the Borough Council of the Borough of Lodi as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 252.
[Adopted 4-27-1992 by Ord. No. 192-19]
As used in this article, the following terms shall have the meanings indicated:
FALSE ALARM
Any fire alarm causing direct notification to a fire department through an alarm panel, switchboard or alarm lines in a case where no fire exists.
FIRE ALARM SYSTEM
A system containing automatic detecting device(s) which actuate an alarm signal requiring a response by fire-suppression forces. It includes protective signaling systems or devices designed to transmit alarms and supervisory and trouble signals necessary for the protection of life and property.
Any person or business desiring to install an alarm on the premises shall apply for an alarm system permit by writing to the Construction Official.
Application forms issued by the Construction Official or Fire Subcode Official shall include the following information:
A. 
The owner shall be responsible for transmitting the following information in writing or on forms provided to the fire agency to which the alarm or signal is sent:
(1) 
The owner's name and the address of the location of the alarm system.
(2) 
A description of the alarm system.
(3) 
An acknowledgment that the applicant consents to municipal/fire prevention department inspection of the system and the premises where the system is installed in addition to that permitted or required by state law or regulation.
[Amended 7-18-2005 by Ord. No. 505-29]
(4) 
An agreement to test the fire alarm system in the fire agency representative's presence either annually or as required following transmission of a false alarm.
(5) 
An acknowledgement that the system may not be used unless appropriate approval is granted.
B. 
A permit shall be issued upon presentation of the permit application if the equipment is in conformance with the above provisions and upon payment of the alarm system permit fee.
A. 
The authority having jurisdiction may revoke any alarm system permit issued pursuant to this article if the authority determines the alarm system has been operated or maintained in violation of these provisions or for failure to pay the required fee.
[Amended 7-18-2005 by Ord. No. 505-29]
B. 
The owner of the alarm system must receive written notice of the violation and an opportunity to be heard.
A. 
The Fire Official qualified by the local enforcing agency shall annually inspect the fire alarm system to assess that said system complies with operational requirements set forth herein.
[Amended 7-18-2005 by Ord. No. 505-29]
B. 
Any violations as set forth in the following section or defects in the alarm system shall be noted by the Fire Official and a copy of the citations given to the owner. The owner shall have 20 days to correct the violations.
C. 
The owner of the alarm system shall maintain on the premises an accurate log of the location and number of alarm systems installed, any defects in or modifications and repairs to the said alarm systems, and shall make this log available to the enforcing agency for inspection and evaluation.
A. 
The fire alarm system and protective equipment shall be tested monthly by the owner.
B. 
The owner shall notify the Lodi Police Department and the Fire Prevention Bureau reasonably in advance of any test and within 24 hours of any defect in or malfunction of the alarm system.
[Amended 7-18-2005 by Ord. No. 505-29]
No individual or business shall install, operate or maintain any alarm system unless he or it has applied for and been granted a permit for such system as follows:
A. 
An alarm system shall be deemed registered at such time as a permit is issued therefor.
B. 
In successive years, an alarm system shall be deemed registered when the owner of the building in which the system is installed files a completed registration form with the Fire Official.
C. 
No further permit shall be required unless or until there is a material change in any of the information previously submitted. The owner of the building shall file a revised, amended or supplemental application at no additional charge, containing accurate current information, within 10 days of the change in the original information submitted to the municipality.
[Amended 7-18-2005 by Ord. No. 505-29[1]]
The fee for an alarm system permit, as mandated under the Fire Code, shall be payable annually. Said fee shall be prorated on a quarterly basis if an alarm system is installed during the course of the year.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
In the case of a false alarm, the local Fire Official shall investigate or cause to be investigated and keep a record of said alarm on file. If an investigation discloses that the false alarm was due to misuse, accident, improper supervision, or equipment malfunction and was not due to an unpreventable, unavoidable outside cause, the Fire Official shall provide notice and order corrective action or that the alarm system be disconnected for a specified period of time.
B. 
The Fire Official shall serve on the owner of the building a written order stating the nature of the violations and the date by which the violations must be corrected.
[Amended 7-18-2005 by Ord. No. 505-29]
Any person who, after receiving notice of the malfunction of the alarm system and an order and opportunity to correct, refuses or neglects to comply shall be subject to a penalty as set forth below in addition to any other penalties issued under state law or regulation for improper installation or maintenance:
A. 
For the first false alarm following notification: a penalty not to exceed $75.
B. 
For the second false alarm: a penalty of at least $100 but not to exceed $200.
C. 
For the third false alarm: a penalty of at least $200 but not to exceed $300.
D. 
For the fourth and subsequent false alarms: a penalty of at least $300 but not to exceed $500 and/or disconnection of the system and/or imprisonment not to exceed five days or, in the discretion of the Court, a period of community service.
[Adopted 2-23-2009 by Ord. No. 909-17]
The purpose of this article is to establish and provide standards and regulations for various types of security alarm devices, whether direct-line, radio, telephone or other actuating device at the Police Department of the Borough of Lodi, or by indirect or transfer of notice of alarm requiring response thereto by the Police Department or other municipal agencies.
The provisions of this article shall apply to anyone who installs, operates, maintains, leases or owns any alarm device or local alarm designed to summon, directly or indirectly, the Police Department or other municipal agencies to any location in response to any type of security alarm signal and those businesses who engage in the installation and maintenance of an alarm device.
As used in this article, the following terms shall have the meanings indicated:
ALARM CONSOLE
The console or control panel of devices giving a visual or audio response, or both, and located within the confines of the Police Department.
ALARM DEVICE
See "security alarm system/device."
ALARM INSTALLER
Any business operated by a person or persons for a profit which engages in the installation of any security alarm device or system.
CALENDAR YEAR
January 1 to December 31 of any given year.
CENTRAL STATION ALARM
Any type of security alarm system which, when activated, transmits a signal to an independent communication center not under the control of the Borough of Lodi or the Police Department, which independent communication center, upon receipt of such signal, is to take appropriate action, including the relaying of such information to the Police Department Telephone Communication Center.
CHIEF OF POLICE
The Chief of Police of the Borough of Lodi.
DIAL ALARM
Any type of alarm system which, when activated, transmits a preprogrammed electronic telephone message over the regular telephone lines to the telephone communication center in Police Headquarters.
DIGITAL ALARM
Any type of alarm system which, when activated, transmits a signal directly into the alarm console in Police Headquarters over regular telephone lines.
DIRECT ALARM
Any type of alarm system which, when activated, transmits a signal directly into the alarm console in Police Headquarters over special leased telephone lines.
FALSE ALARM
Any signal of a security alarm system actuated by inadvertence, carelessness or negligence or an intentional or unintentional act of a person other than an intruder, and including as well signals caused by mechanical failure, malfunction or improper installations of the security alarm system and related equipment.
LOCAL ALARM
Any type of alarm system which, when activated, produces a signal not connected to a central station or other device for notifications, such as an actuating bell, siren or horn device providing warning of intrusion or other peril. The term "local alarm" shall not include a warning device on a motor vehicle, provided that the system is not interconnected with an alarm device, a direct or digital alarm. The term "local alarm" shall also not include any alarm designed to signal solely within the building (or series of buildings owned by the same person) on which it is located and which is not designed to emit signals visible or audible to persons outside such building or series of buildings).
MAYOR AND COUNCIL
The Mayor and Council of the Borough of Lodi.
MEDICAL EMERGENCY ALARM
Any alarm which, when activated, indicates an immediate medical emergency at the announced location.
PANIC ALARM
Any alarm which, when activated, indicates some immediate peril at the announced location.
PERSON
Any natural person or individual or any firm, partnership, association, limited partnership, proprietorship, corporation or any other business entity. Any government agency entity is expressly exempt from the definition set forth herein.
POLICE DEPARTMENT
The Police Department of the Borough of Lodi.
POLICE HEADQUARTERS
The headquarters of the Police Department, presently located on 1 Memorial Drive in Lodi.
SECURITY ALARM SYSTEM/DEVICE
Any alarm system or device reporting to the Police Department a burglary, holdup, panic or medical emergency or emergency requiring urgent attention and to which the Police Department may be expected to respond. The term "security alarm system" includes the terms "alarm devices," "direct alarms," "digital alarms," "central station alarms" and "local alarms." Fire alarm systems are not included in this article.
A. 
Alarm console.
(1) 
Any connection to the alarm console shall be of a type approved by the Chief of Police or his designated representative.
(2) 
Any alarm system may have its signal transmitted to the alarm console as a digital alarm through the central station which supplies the service through the municipal bid process. All fees, except the annual permit fee, shall be paid directly to the central station service provider.
B. 
Local alarms.
(1) 
Each local alarm shall be of a type approved by the Chief of Police or his designated representative.
(2) 
Each local alarm shall be equipped with fifteen-minute automatic shutoff.
C. 
Dial alarms.
(1) 
Upon the effective date of this article, any new dial alarms shall be prohibited.
(2) 
Within 90 days from said effective date, all existing dial alarms programmed to send a telephone message to the telephone communication center of the Police Department shall be disconnected or reprogrammed to discontinue the sending of such messaged to the Police Department Telephone Communication Center.
A. 
No person shall cause the installation of any central station alarm, digital alarm, direct alarm or local alarm installed at any location within the Borough of Lodi after the effective date of this article without first obtaining a permit to operate the same from the Police Department.
B. 
Each permit application shall contain the names, addresses and telephone numbers of the person responsible for the alarm system, and at least two emergency listings shall be provided on the permit application, as well as any and all other information deemed necessary by the Chief of Police to effectively manage and monitor the security alarm device.
C. 
Failure to obtain or renew a permit within the prescribed period shall subject the owner of an alarm system at a residential dwelling to a fine of not less than $50.
D. 
Failure to obtain or renew a permit within the prescribed period shall subject the owner of an alarm system at a commercial or industrial premises to a fine of not less than $150.
A. 
Any alarm installer who installs security alarm devices within the Borough of Lodi must obtain a permit from the office of the Borough Clerk prior to the commencement of any alarm installation work at any premises located within the Borough of Lodi.
B. 
All such permits shall be valid for the calendar year in which issued and shall be renewed annually on a calendar-year basis before February 1 of such a year.
C. 
The annual fee for a permit to install security alarm systems within the Borough of Lodi shall be $100.
A. 
The Chief of Police or his designated representative may inspect and test any newly installed alarm system within seven days of the initial installation. This provision shall not be construed to impose a duty on the Borough to make inspections or to relieve the alarm owner from inspecting, testing and maintaining his own alarm system.
B. 
Each alarm system shall be equipped with a fifteen-minute automatic shutoff.
C. 
Any unauthorized installation may be disconnected by the Chief of Police or his designated representative for noncompliance with this article.
D. 
The Chief of Police or his designated representative may order immediate temporary disconnection of any alarm system if said alarm system is malfunctioning and causing a disturbance in Police Headquarters or interfering with the efficiency of the monitoring procedure. In the event of such disconnection, an effort shall be made promptly to notify the alarm system subscriber of same.
E. 
The Chief of Police or his designated representative may order immediate temporary disconnection of any local alarm which has failed to shut of automatically after a fifteen-minute time period if said local alarm is, in the opinion of the Police Department, causing a disturbance. In such cases, the Police Department shall enter the premises, by force if necessary, to disable the alarm. The Borough of Lodi, its various departments, agencies and officials shall be held harmless for and on account of any and all damages arising out of such entry.
A. 
The owner of any security alarm device within the Borough of Lodi shall be responsible to provide the Police Department with his name, address and day/night telephone number or the name, address and day/night telephone number of the person responsible for the operation of the alarm system, as well as the, address and telephone number of at least two other person having access and control of the alarm system who may be contacted in the event of an activation or emergency.
B. 
Emergency listing shall be updated as follows:
(1) 
Upon initial registration of the alarm system.
(2) 
On an annual basis upon renewal of the alarm permit.
(3) 
On the next business day following any change in any of the emergency information provided to the Police Department.
A. 
In response to any alarm signal indicating panic or medical emergency, as so authorized by the alarm system owner in the permit application, the Police Department may enter the premises, by force if necessary, to respond to such signal, and the Borough of Lodi, its various departments, agencies and officials shall be held harmless from and on account of any and all damages arising out of such entry.
B. 
Any panic or medical emergency alarm which has not been properly registered with the Police Department in accordance with this article will be considered a real emergency, and entry will be made to the premises, by force if necessary, in response to such signal. In such cases, the Borough and its various departments, agencies and officials shall be held harmless from and on account of any and all damages arising out of such entry.
A. 
In the event that an alarm system is activated under a condition heretofore defined as a false alarm, the Chief of Police shall cause an investigation to be made and a record to be kept on file of said instance.
B. 
Violations and penalties. Any person who pleads guilty or is found guilty after trial in the Municipal Court of the Borough of Lodi for a violation of a false alarm shall be fined as follows:
(1) 
For the first false alarm occurring at a residential dwelling in any given calendar year, a written warning shall be issued by the Police Department.
(2) 
For the second false alarm occurring at a residential dwelling in any given calendar year, a mandatory fine of $25 shall be imposed.
(3) 
For the third false alarm occurring at a residential dwelling in any given calendar year, a mandatory fine of $50 shall be imposed.
(4) 
For the fourth false alarm occurring at a residential dwelling in any given calendar year, a mandatory fine of $75 shall be imposed.
(5) 
For each subsequent false alarm occurring at a residential dwelling in any given calendar year, a mandatory fine of $100 shall be imposed.
(6) 
For the first false alarm occurring at commercial or industrial premises in any given calendar year, a mandatory fine of $50 shall be imposed.
(7) 
For the second false alarm occurring at commercial or industrial premises in any given calendar year, a mandatory fine of $150 shall be imposed.
(8) 
For the third false alarm occurring at commercial or industrial premises in any given calendar year, a mandatory fine of $250 shall be imposed.
(9) 
For the second false alarm occurring at commercial or industrial premises in any given calendar year, a mandatory fine of $350 shall be imposed.
(10) 
For each subsequent false alarm occurring at commercial or industrial premises in any given calendar year, a mandatory fine of $500 shall be imposed.
C. 
Each violation of a false alarm shall be a separate offense.
A. 
Except as may be provided at § 134-21 of this article, any person who fails to comply with any of the provisions of this article, other than the causing of a false alarm as such term is defined herein, shall be subject, upon pleading guilty or being found guilty after trial in the Municipal Court of the Borough of Lodi, to a mandatory fine of not less than $50.
B. 
Any alarm installer who fails to comply with the provisions set forth in §§ 134-17 and 134-18 of this article shall be subject, upon pleading guilty or being found guilty after trial in the Municipal Court of the Borough of Lodi, to a mandatory fine of not less than $250.
The Chief of Police may promulgate written rules and regulations supplementing this article in order to provide for accurate recordkeeping and efficient management.
The Borough of Lodi, its various departments, agencies and officials shall be under no duty or obligation hereunder to any permittee or alarm licensee or to any other person or persons with respect to the adequacy, operation, installation, repair or maintenance of the alarm and any associated equipment or services, and assumes no liability in connection therewith, the alarm and equipment being maintained at will and subject to termination at any time by cancellation resolution duly adopted by the Mayor and Council of the Borough of Lodi, and any individual permit issued hereunder may revoked at any time by the Mayor and Council upon recommendation of the Chief of Police, provided that 30 days' notice is given in writing to such permittee. Any permit granted hereunder shall be accepted upon the express condition that the permittee shall indemnify and hold harmless the Borough of Lodi from and on account of any and all damages arising out the Borough's management of the alarm console or permittee's alarm system.