[HISTORY: Adopted by the Township Council of the Township
of Maple Shade 7-14-2011 by Ord. No. 2011-07.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees — Ch. 88.
A.
The purpose of this chapter is to encourage alarm users and alarm
companies to properly use and maintain the operational effectiveness
of alarm systems in order to improve the reliability of alarm systems
and reduce or eliminate false alarms.
B.
This chapter governs alarm systems intended to summon law enforcement
response, and requires registration, establishes fees, provides for
penalties for violations and establishes a system of administration.
As used in this chapter, the following terms shall have the
meanings indicated:
The person designated by the Maple Shade Police Department
to administer control and review false alarm reduction efforts, provide
public reports regarding alarm response statistics and administer
the provisions of this chapter.
A person in the business of selling, providing, maintaining,
servicing, repairing, altering, replacing, moving or installing an
alarm system in an alarm site.
A timely verbal report to the Maple Shade Police that an
alarm, either manual or automatic, has been activated at a particular
alarm site.
Authorization in accordance with this chapter granted by
the alarm administrator to an alarm user to operate and maintain an
alarm system.
A single fixed premises or location served by an alarm system
or systems. Each unit, if served by a separate alarm system in a multiunit
building or complex, shall be considered a separate alarm site.
A device or series of devices, including, but not limited
to, hardwired systems and systems interconnected with a radio frequency
method such as cellular or private radio signals, which emit or transmit
a remote or local audible, visual or electronic signal indicating
an alarm condition and intended to summon law enforcement or fire
response, including local alarm systems. The term "alarm system" does
not include an alarm installed in a vehicle or on someone's person
unless the vehicle or the personal alarm is permanently located at
a site.
Any person who has contracted for monitoring, repair, installation
or maintenance service from an alarm installation company or monitoring
company for an alarm system, or who owns or operates an alarm system
which is not monitored, maintained or repaired under contract.
A manually operated device that allows control of an alarm
system.
Any electrical, electronic, mechanical or other device capable
of being programmed to send a prerecorded voice message, when activated,
over a telephone line, radio or other communication system, to law
enforcement, public safety or an emergency services agency requesting
dispatch.
Notification given to the Maple Shade Police Department by
a monitoring company (designated by the alarm user) subsequent to
an alarm notification for the alarm site that there is no emergency
at the alarm site requiring a law enforcement officer's or firefighter's
response.
The transaction or process by which one alarm installation
company or monitoring company begins the servicing and/or monitoring
of a previously unmonitored alarm system or an alarm system previously
serviced and/or maintained by another alarm company.
A silent alarm system signal generated by the entry of a
designated code into an arming station in order to signal that the
alarm user is being forced to turn off the system, the safety of the
alarm user is threatened and protection of a sworn officer or firefighter
is required.
An alarm dispatch request forwarded to the Maple Shade Police
Department for response, when the responding officer finds no evidence
of a criminal offense or attempted criminal offense after having completed
a timely investigation of the alarm site and there is no indication
that an abnormal weather condition or other severe event could have
caused the generation of an alarm.
A silent alarm signal generated by the manual activation
of a device intended to signal a robbery in progress.
A license issued by the State of New Jersey to an alarm installation
company or monitoring company to sell, install, monitor, repair or
replace alarm systems.
Any alarm system which is not monitored and which annunciates
an alarm condition only at or near the alarm site.
The process by which a monitoring company receives alarm
signals and other alarm system condition signals from alarm systems
and relays alarm notifications to the Maple Shade Police Department
and to other emergency response agencies.
A person in the business of providing monitoring services.
The manual activation of a silent alarm by entering at an
arming station a code that adds one to the last digit of the normal
arm/disarm code (e.g., normal code = 1234: one-plus duress code =
1235).
An audible alarm system signal generated by the manual activation
of the device intended to signal a personal safety or other emergency
situation requiring the response of a law enforcement officer.
An individual, corporation, partnership, association, organization
or similar entity.
An individual capable of reaching the alarm site within 30
minutes and having access to the alarm site, the operating codes for
the alarm system and the authority to approve repairs to the alarm
system.
The American National Standard Institute (ANSI) approved
Security Industry Association (SIA) CP-01 Control Panel Standard,
as may be updated from time to time, that details recommended design
features for security system control panels and their associated arming
and disarming devices to reduce the incidence of false alarms. Control
panels built and tested to this standard by Underwriters Laboratory
(UL), or other nationally recognized testing organizations, will be
marked to state: "Design evaluated in accordance with SIA CP-01 Control
Panel Standard Features for false alarm Reduction."
The termination of police response to alarms at a specified
alarm site as a result of false alarms or other violations of this
chapter.
The transaction or process by which an alarm user assumes
or acquires ownership of an existing alarm system which was previously
owned by another alarm user.
An attempt by a monitoring company, or its representative,
to contact the alarm site and/or alarm user by telephone and/or other
electronic means, whether or not actual contact with a person is made,
to determine whether an alarm signal is valid before requesting law
enforcement dispatch, in an attempt to avoid an unnecessary alarm
dispatch request. For the purpose of this chapter, telephone verification
shall require as a minimum that a second call be made to a different
number if the first attempt fails to reach an alarm user who can properly
identify themselves to determine whether an alarm signal is valid
before requesting official dispatch.
A division of devices into which an alarm system is divided
to indicate the general location from which an alarm system signal
is transmitted.
A.
No alarm user shall operate, or cause to be operated, an alarm system
at its alarm site without a valid alarm registration. A separate alarm
registration is required for each alarm site.
C.
Existing alarm systems. Any alarm system that has been installed
before the effective date of this chapter shall be registered by the
alarm user within 60 days of such effective date if not previously
registered. Failure to register an existing alarm system shall result
in a fine of $25 to the alarm user.
D.
New alarm systems. Any person who installs an alarm system on premises
located within the Township shall, within 10 days from the date of
installation, notify the alarm administrator, using a form provided
by the alarm administrator, that an alarm system has been installed
and send to the alarm administrator the name and address of the alarm
user. Failure of an alarm user to notify the alarm administrator of
a new alarm system installation within 10 days after installation
shall result in a fine of $25 to the alarm user. Information provided
in accordance with this requirement shall be treated as private and
proprietary information and not made available to any person outside
of the Maple Shade Police Department or its bonded administration
contractor.
E.
Upon receipt of a completed alarm registration application form and
the alarm registration fee, the alarm administrator shall register
the applicant by entering the required data into the Police Department's
alarm administration system database.
F.
Each alarm registration application must include the following information:
(1)
The name, complete address (including apartment/suite number) and
telephone numbers of the person who will be the registration holder
and be responsible for the proper maintenance and operation of the
alarm system and payment of fees assessed under this chapter;
(2)
The classification of the alarm site as either residential (including
apartment, condominium, mobile home, etc.) or commercial;
(3)
For each alarm system located at the alarm site, the classification
of the alarm system (i.e., burglary, holdup, duress, panic alarm or
other) and for each classification whether such alarm is audible or
silent;
(4)
Mailing address, if different from the address of the alarm site;
(5)
Any dangerous or special conditions present at the alarm site such
as dogs or other animals;
(6)
Names and telephone numbers of at least three individuals who are
able and have agreed to receive notification of an alarm system activation
at any time; respond to the alarm site within 30 minutes at any time;
and upon request can grant access to the alarm site and deactivate
the alarm system if necessary;
(7)
Type of business conducted at a commercial alarm site;
(8)
Signed certification from the alarm user stating the following:
(a)
The date of installation, conversion or takeover of the alarm
system, whichever is applicable;
(b)
The name, address and telephone number of the alarm installation
company or companies performing the alarm system installation, conversion
or takeover and of the alarm installation company responsible for
providing repair service to the alarm system;
(c)
The name, address and telephone number of the monitoring company
if different from the alarm installation company;
(d)
That a set of written operating instructions for the alarm system,
including written guidelines on how to avoid false alarms, has been
delivered to the applicant by the alarm installation company; and
(e)
That the alarm installation company has trained the applicant
in the proper use of the alarm system, including instructions on how
to avoid false alarms;
(9)
An acknowledgement that the Police Department response may be influenced
by factors, including, but not limited to, the availability of officers,
priority of calls, weather conditions, traffic conditions, emergency
conditions, staffing levels, etc.
G.
Any false statement of a material fact made by an applicant for the
purpose of obtaining an alarm registration shall be sufficient cause
for refusal to issue a registration.
H.
An alarm registration cannot be transferred to another person or
alarm site. An alarm user shall inform the alarm administrator of
any change that alters any of the information listed on the alarm
registration application within five business days of such change.
I.
All fines and fees owed by an applicant must be paid before an alarm
registration may be issued or renewed.
J.
Government entities, including but not limited to the Township and
Board of Education must obtain permits for all alarm systems under
their control but are exempt from the payment of other fees and fines.
Government entities are subject to all other requirements of this
chapter.
An alarm registration shall expire at the end of the calendar
year and must be renewed annually by submitting an updated application
and a registration renewal fee to the alarm administrator. It is the
responsibility of the alarm user to submit a registration form before
the expiration date. Failure to renew will be classified as use of
a nonregistered alarm system, and penalties may be assessed in accordance
with this chapter. A late fee of $25 may be assessed if the renewal
is more than 30 days late.
A.
An alarm user shall:
(2)
Maintain the alarm site and the alarm system in a manner that will
minimize or eliminate false alarms;
(3)
Make every reasonable effort to have a responder arrive at the alarm
system's location within 30 minutes after being requested by
the law enforcement agency to attend to:
(4)
Not activate an emergency alarm condition for any reason other than
an occurrence of an emergency event that the alarm system was intended
to report.
B.
An alarm user shall adjust the mechanism or cause the mechanism to
be adjusted so that an alarm signal audible on the exterior of the
alarm site will sound for no longer than 10 minutes after being activated.
C.
An alarm user shall have an alarm installation company inspect the
alarm system after two false alarms in a one-year period. The alarm
administrator may waive a required inspection if it determines that
a false alarm could not have been related to a defect or malfunction
in the alarm system. After four false alarms within a one-year period,
the alarm user must have an alarm installation company modify the
alarm system to be more false-alarm-resistant or provide additional
user training as appropriate. The alarm user shall submit a written
statement from the alarm installation company stating that the system
has been inspected and repaired (if necessary). Failure to comply
may result in suspension of the alarm user's registration.
D.
An alarm user shall not use automatic voice dialers.
E.
An alarm user shall maintain at each alarm site a set of written
operating instructions for each alarm system.
F.
All alarm users shall agree with their alarm installation company
and/or monitoring company to an acclimation period for the first seven
days after installation of an alarm system during which time the alarm
installation company and/or monitoring company will have no obligation
to and will not respond to any alarm signal from the alarm site and
will not make an alarm dispatch request to law enforcement personnel,
even if the alarm signal is the result of an actual alarm event.
G.
Conversion or termination of alarm users. An alarm user shall notify
the Alarm Administrator when moving its alarm system account from
another company or terminating an account within 30 days of such conversion
or termination.
A.
An alarm installation company shall provide written and oral instructions
to each of its alarm users in the proper use and operation of its
alarm systems. Such instructions will specifically include all instructions
necessary to turn the alarm system on and off and to avoid false alarms.
B.
Upon the effective date of this chapter, alarm installation companies shall not program alarm systems so that they are capable of sending one-plus duress alarms. Monitoring companies may continue to report one-plus duress alarms received from alarm systems programmed with one-plus duress alarms prior to enactment of this chapter. However, upon the effective date of this chapter, when a takeover or conversion occurs or if an alarm user requests an alarm system inspection or modification pursuant to, § 54-4C of this chapter, an alarm installation company must remove the one-plus duress alarm capability from such alarm systems.
C.
Alarm installation companies shall not install single-action devices
for the activation of holdup, robbery or panic alarms.
D.
Effective 90 days after enactment of this chapter, alarm installation
companies shall, on new installations, use only alarm control panels
which meet SIA Control Panel Standard CP-01 Features for False Alarm
Reduction.
E.
An alarm company shall not use automatic voice dialers.
F.
Upon completion of the installation of an alarm system, an alarm
installation company employee shall review with the alarm user its
false alarm checklist or equivalent.
G.
A monitoring company shall:
(1)
Report alarm signals by using telephone numbers designated by the
alarm administrator;
(2)
Verify every alarm signal, except duress or holdup alarm activation
before providing an alarm notification to an alarm system signal;
(3)
Communicate alarm notifications to the Police Department in the manner
and form determined by the alarm administrator;
(4)
Communicate cancellations to the Police Department in the manner
and form determined by the alarm administrator;
(5)
Ensure that all alarm users of alarm systems equipped with a duress,
holdup or panic alarm are given adequate training as to the proper
use of such alarms;
(6)
Communicate any available information about the location of all alarm
signals related to the alarm dispatch request (north, south, front,
back, floor, etc.);
(7)
Communicate the type of alarm activation (silent or audible, interior
or perimeter);
(8)
Provide an alarm user permit number when providing an alarm notification;
(9)
After an alarm notification, promptly advise the Police Department
if the monitoring company knows that the alarm user or the responder
is en route to the alarm site;
(10)
Attempt to contact the alarm user or responder within 30 minutes
via fax, telephone or other electronic means when an alarm dispatch
request is made;
(11)
Not provide an alarm notification to a burglar alarm signal, excluding
panic, duress and holdup signals, during the first seven days following
installation or activation of an alarm system. The alarm administrator
may grant an Alarm User's request for an exemption from this
waiting period based upon a determination that special circumstances
substantiate the need for exemption, including but not limited to
domestic violence.
(12)
Maintain for a period of at least one year from the date of the alarm
dispatch request records relating to alarm notifications. Records
must include the name, address and telephone number of the alarm user,
the alarm system zone(s) activated, the time of alarm dispatch request
and evidence of an attempt to verify. The alarm administrator may
request copies of such records for individually named alarm users.
If the request is made within 60 days of an alarm dispatch request,
the monitoring company shall furnish requested records within 10 business
days of receiving the request. If the records are requested between
60 days to one year after an alarm dispatch request, the monitoring
company shall furnish the requested records within 30 days of receiving
the request.
Every alarm installation company and every monitoring company
serving customers in Maple Shade Township shall maintain any and all
licenses required by the State of New Jersey.
B.
The alarm administrator shall establish a procedure to record such
information on alarm notifications necessary to permit the alarm administrator
to maintain records, including but not limited to, the information
listed below:
(1)
Identification of the permit number for the alarm site;
(2)
Identification of the alarm site;
(3)
Date and time alarm notification was received, including the name
of the monitoring company and the monitoring operator name and/or
number;
(4)
Date and time of police officer arrival at the alarm site;
(5)
Alarm zone and zone description, if available;
(6)
Name of alarm user's representative at the alarm site, if any;
(7)
Identification of the responsible alarm installation company or monitoring
company; and
(8)
Cause of alarm signal, if known.
C.
The alarm administrator shall establish a procedure for notification
to the alarm user of a false alarm which notice shall include the
following information:
D.
The alarm administrator may require a conference with an alarm user
and the alarm installation company and/or monitoring company responsible
for the repair or monitoring of the alarm system to review the circumstances
of each false alarm.
E.
The alarm administrator may require an alarm user to remove a holdup
alarm that is a single-action, nonrecessed button if a false holdup
alarm has occurred.
F.
The alarm administrator may require an alarm user to remove the duress
or panic alarm capability after the occurrence of a false alarm.
G.
The alarm administrator will make a copy of this chapter and/or a
chapter summary sheet available to the alarm user by directing the
alarm user to the appropriate Municipal Code section on the Township
website.
A.
An alarm user shall be assessed a service fee for false alarms within
a monthly period according to the following schedule:
B.
Any person operating a nonregistered alarm system will be subject
to a service fee of $50 for each false alarm in addition to the above
fees. The alarm administrator may waive this additional fee for a
nonregistered system if the alarm user submits an application for
alarm registration within 10 days after notification of such violation.
C.
The alarm user shall be assessed a fee of $50 if neither the alarm
user nor a responder fails to arrive at the alarm site within 30 minutes
of an alarm or if the alarm user fails to provide access when requested
to do so.
D.
The alarm installation company shall be assessed a fee of $50 if
the officer responding to the false alarm determines that an on-site
employee of the alarm installation company directly caused the false
alarm, and the false alarm will not be assessed against the alarm
user.
E.
The monitoring company shall be assessed a fee of $50 for each failure to verify alarm system signals as specified in § 54-5G(2) above.
F.
The alarm installation company shall be assessed a fee of $200 if
the alarm administrator determines that an alarm installation company
employee knowingly made a false statement concerning the inspection
of an alarm site or the performance of an alarm system.
G.
If any fee assessed in this section is not paid within 30 days after
a notice or invoice is mailed, a late fee in the amount of $25 shall
be imposed.
A.
The alarm administrator shall notify the Chief of Police of each
alarm user whose registration qualifies for suspension under this
section. The alarm administrator may suspend an alarm registration
if it is determined that:
(1)
There is a violation of this section by the alarm user;
(2)
There is a false statement of a material fact in the registration
application;
(3)
The alarm user has failed or refused to pay an alarm registration
fee, renewal fee, false alarm service fee, any late fee or any other
assessed fee under this section more than 30 days after the fee is
due. This applies to all classification of alarms;
(4)
The alarm user has had five or more false alarms within a one-month
period, except that the alarm administrator may waive a suspension
of a registration upon receipt of documented work orders showing reasonable
attempts to repair the alarm system.
B.
The police shall not respond to any alarm where the alarm site is
under suspension.
A.
It is a violation of this section for a person to operate an alarm
system during the period in which the alarm registration is suspended.
It is a violation of this section for a monitoring company to make
an alarm dispatch request to an alarm site after the alarm administrator
has notified the monitoring company's response manager that the
permit for that alarm site has been suspended. The monitoring company
shall be given a three-day notice prior to this action. The monitoring
company shall be assessed a service fee of $50 for each such dispatch
to an alarm site. If the fee is not paid within 30 days after the
invoice is mailed, a late fee in the amount of $25 will be assessed.
B.
Unless there is a separate indication that there is a crime in progress,
Burlington County Central Communications shall not dispatch an officer
to an alarm site for which an alarm registration is suspended.
A.
On the first suspension of a registration, a person whose alarm registration
has been suspended may obtain reinstatement of the registration by
the alarm administrator if the person:
B.
On the second and every subsequent suspension of a registration, reinstatement may be obtained by compliance with Subsection A(1) above and compliance with any of the following conditions that the alarm administrator may require:
(1)
Upgrade the alarm control panel to meet SIA Control Panel Standard
CP-01.
(2)
A written statement from an independent inspector designated by the
Chief of Police or his designee that the alarm system has been inspected
and is in good working order.
(3)
Confirmation that all motion detectors are dual-technology type.
(4)
Confirmation that the alarm system requires two independent zones
to trigger before transmitting an alarm signal to the monitoring company.
(5)
Written notice that the monitoring company will not make an alarm
dispatch request unless the need for an officer is confirmed by a
camera device. This condition does not apply to residential properties.
(6)
Written notice that the monitoring company will not make an alarm
dispatch request unless the need for an officer is confirmed by a
person at the alarm site.
C.
The Police Department shall reinstate its response to an alarm site
as soon as practicable after receiving notice of reinstatement from
the alarm administrator. The alarm user and monitoring company shall
take notice that the alarm site has been officially reinstated only
after receiving notice from the alarm administrator of that fact.
The alarm administrator shall notify the alarm user in writing
after each false alarm. The notification shall include the amount
of the fee for the false alarm and a description of the appeals procedure
available to the alarm user.
A.
If a fee or fine is assessed, the alarm administrator shall send
a written notice of the action and a statement of the right to appeal
to the appropriate affected applicant, alarm user, alarm installation
company or monitoring company.
B.
The alarm user, alarm installation company or monitoring company
may appeal the assessment of a service fee or fine, the suspension
of an alarm registration, denial of alarm registration, suspension
of response to the alarm administrator by setting forth in writing
the reasons for the appeal within 15 business days after notification
of the fee.
C.
The alarm user, alarm installation company or monitoring company
may appeal the decision of the alarm administrator to the Chief of
Police or his designee as follows:
(1)
The applicant, alarm user, alarm installation company or monitoring
company shall file a written request for review setting forth the
reasons for the appeal. The request must be made within 20 business
days after notification of the decision from the alarm administrator.
(2)
The Chief or his designee shall conduct a hearing within 30 days
of receipt of the request. The Chief or his designee shall render
a decision based on the preponderance of the evidence presented at
the hearing. The Chief or his designee shall render a decision affirming
or reversing the decision of the alarm administrator within 15 days
after the hearing is concluded.
D.
Filing of an appeal shall stay the action by the alarm administrator
requiring payment of a fine or fee, the suspension or denial of an
alarm registration or suspension of police response until the Chief
or his designee has completed his review. If an appeal is not filed
within the twenty-business-day period, the action of the alarm administrator
shall be final.
E.
Adjustment of number of false alarms.
(1)
The alarm administrator or Chief may adjust the number of false alarms
assessed based on:
(a)
Evidence that a false alarm was caused by an act of God;
(b)
Evidence that a false alarm was caused by action of a communications
service provider (i.e., telephone, cellular, cable company);
(c)
Evidence that a false alarm was caused by a power outage lasting
longer than four hours;
(d)
Evidence that the alarm dispatch request was not a false alarm;
(e)
Evidence of documented work orders showing reasonable attempts
to repair the alarm system prior to additional false alarms;
(f)
Any other circumstances that demonstrate by a preponderance
of the evidence that it was not a false alarm.
(2)
In determining the number of false alarms, multiple alarms occurring
in any twenty-four-hour period may be counted as one false alarm to
allow the alarm user time to take corrective action unless the false
alarms are directly caused by the alarm user.
F.
With respect to fees or fines assessed to an alarm installation company
or monitoring company, the alarm administrator or Chief may take into
consideration whether the company has engaged in a consistent pattern
of violations.
In the interest of public safety, all information contained
in and gathered through the alarm registration applications and applications
for appeals shall be held in confidence by all employees or representatives
of the Township and by any third-party administrator or employees
of a third-party administrator with access to such information.
Alarm registration is not intended, nor shall it be construed,
to create any contract, duty or obligation on the part of the Township
of Maple Shade, either expressed or implied, to respond to any alarm.
The Township shall not be liable for any losses or damages, including
consequential damages, resulting from the Township's failure
to respond to a notification, and the Township expressly retains all
governmental immunities provided by law. By applying for an alarm
registration, an alarm user acknowledges that the Township's
ability to respond to an alarm may be influenced by various factors
such as the availability of officers or firefighters, priority of
calls, weather conditions, traffic conditions, emergency conditions,
staffing levels and prior response history.
The provisions of this chapter are severable. If a court determines
that any word, phrase, clause, sentence, paragraph, subsection, section
or other provision of this chapter is invalid, the remaining provisions
of this chapter and the application of those provisions to other persons
or circumstances are not affected by that decision.
