[HISTORY: Adopted by the Mayor and Council of the Borough of Lindenwold 6-16-1980 by Ord. No. 543 (Ch. 61 of the 1981 Code). Amendments noted where applicable.]
Fire prevention — See Ch. 160.
The purpose of this chapter is to provide standards and regulations for various types of intrusion, burglar, fire and other emergency alarm devices, whether by direct line, radio, telephone or other means, actuating a device at the police headquarters of the Borough of Lindenwold and/or at the Camden County Communications Center in Lindenwold, New Jersey, and requiring a response thereto by the Police Department, the Fire District or other municipal agencies.
The provisions of this chapter shall apply to any person who operates, maintains or owns any location requiring a response to any type of alarm signal. The terms of this chapter shall in no way prohibit alarm companies from providing service by private source to other offices within or without the Borough of Lindenwold so long as such activity is not connected to the alarm console and/or does not require a police response; except, however, that any person having a premises protected by any alarm device shall still be responsible for the registration thereof in accordance with the provisions herein provided.
As used in this chapter, 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 headquarters of the Borough of Lindenwold and/or the Camden County Communications Center and/or any other official location recognized by all parties herein.
- ALARM DEVICE
- Any type of alarm system actuating equipment in the alarm console or Police Department telephone system providing warning of intrusion, fire, smoke, flood or other peril.
- ALARM DIALER
- Any type of automatic telephone dialing device using the telephone system to transmit an alarm to the Police Department.
- ALARM INSTALLATION
- Any alarm device or combination of devices installed for one or more buildings at a location other than the alarm console.
- ALARM SYSTEM
- The activity of maintaining, servicing, repairing, altering, replacing, moving or installing, or causing to be maintained, serviced, repaired, altered, replaced, moved or installed, in or on any building, place or premises, any device designed or used for the detection of unauthorized entry or for alerting others of the commission of an unlawful act, or both, and the detection of fire or smoke or any hazards affecting the safety of citizens and/or their property.
- FALSE ALARM
- Any alarm actuated by inadvertence, negligence or an unintentional act of someone other than an intruder and includes as well alarms caused by the malfunctioning of the alarm device or other relevant equipment, but shall not include alarms created by a malfunction of the alarm console.
- HARD-WIRE ALARM
- An alarm system that is wired directly to the alarm console which will be maintained at the Camden County Communications Center, Lindenwold, New Jersey, and/or the Lindenwold Borough Police Department or other location officially recognized by all parties indicated herein.
- LOCAL ALARM
- Any alarm or device which, when actuated, produces a signal not connected to the alarm console, such as burglar alarms actuating bell or siren devices.
- Any person owning an alarm device or a local alarm within the scope of this chapter.
- Includes any natural person, partnership, corporation, association or any other legal entity.
Any person, firm or corporation that owns or operates an alarm device or a local alarm shall make application for the installation, operation and continuance thereof, in writing, to the Borough Clerk on the form provided by the Borough Clerk's office, which application shall contain at least the location of the device, the name of the installer of said device, the type of device, provisions relating to false alarms and testing procedures, a list of persons to be contacted in the event of an alarm and other information as may be required by the Borough Clerk.
Local alarms shall be registered and a reduced fee shall be charged therefor.
For alarm devices, the registrant shall pay whatever charges are required by any alarm company making such installation and, in addition thereto, such charges as are herein provided for to the Borough of Lindenwold for the alarm control panel, and circuit rental charges as may be determined under this chapter as well as the registration fee, false alarm charges and any other fees herein provided for.
Any applicant who shall register an alarm device or a local alarm shall be deemed to have released the Borough of Lindenwold and any of its employees from any liabilities or damages arising from or on account of the use and maintenance of the alarm console and related activities, and said applicant shall indemnify and hold the Borough of Lindenwold harmless from and on account of any and all damages arising therefrom.
Owners of alarm dialer devices shall be governed by the false alarm procedures and penalties set forth in this chapter.
No person shall use or cause or permit to be used any telephone device or telephone attachment that automatically selects a telephone trunk line of the Police Department of the Borough of Lindenwold and then reproduces any prerecorded message to report any robbery, burglary or other emergency or relay by human agency a like message without first having obtained a written permit from the Borough Clerk, and no person shall install, maintain, use or permit to be used any robbery, burglary or emergency alarm system which automatically or semiautomatically terminates in any private establishment or telephone answering service and which is relayed by the recipient of the alarm by a telephone call to the Police Department without having first obtained a written permit from the Borough Clerk.
Dial alarms shall only be coded to dial a special separate number, which number can be obtained from the Chief of Police or agent, and no dial alarm shall be coded to dial the number of the general police switchboard of the Borough of Lindenwold.
The message must conform to an approved format on application.
The total length of a message should not exceed 15 seconds.
A message is to be received by police headquarters twice, but no more than three times.
In the event that any person has a dial alarm device in existence at the time of the passage of this chapter, he shall have 30 days in which to pay the annual fee. Any person not so complying shall be liable to a penalty payable to the Borough of Lindenwold, as provided by § 65-14.
Any person having a dial alarm device which dials the general police number, upon discovery thereof, shall receive notice in writing from the Chief of Police requiring the owner to comply with the terms of this chapter, and if the owner fails to do so within 30 days of the receipt of said notice, he shall then be liable to pay the Borough of Lindenwold a penalty as provided for in § 65-14.
All components of such equipment must be maintained by the owner in good repair, and when evidence exists that there has been failure to comply with the operational requirements of this chapter, the Chief of Police or his agent, with the approval of the Director of Public Safety, shall demand that such device be disconnected until such time as compliance with current requirements is reestablished.
Any permittee utilizing any alarm system shall provide for a repairman to be on call at all times, and such service shall be provided within eight hours of notification of the permittee by the Police Department of any malfunction of any equipment.
The Chief of Police, with the consent of the Director of Public Safety, shall have the right to refuse service on any and all habitual false alarm offenders and to disconnect any malfunctioning equipment from the alarm console until such time as the malfunction has been corrected, as well as refusing response to such habitual false alarm offenders.
Any unauthorized equipment may be disconnected by the Chief of Police or his designated representative, with the consent of the Director of Public Safety, for noncompliance with this chapter. Each and every day said equipment is in operation shall be considered a separate violation. Any permittee shall, by acceptance of the permit, be deemed as having consented to the inspection of the premises on which said alarm devices are installed at reasonable hours by the Chief of Police or his designated representative.
All audible alarms shall be equipped with a time relay or battery to limit the sounding of an alarm to 10 minutes or less.
Editor's Note: Original § 61-7, Fees and charges, of the 1981 Code, which immediately followed this section, as amended 3-16-1987 by Ord. No. 739, was repealed 6-15-1987 by Ord. No. 747.
The Chief of Police may, from time to time, promulgate written rules and regulations, subject to the approval of the Director of Public Safety, in order to provide for recordkeeping and efficient operation and management of said system.
Application forms and tie-in instructions shall be in a form prescribed by the Chief of Police and shall be available in the office of the Borough Clerk.
Terms and conditions. Upon application, permits shall be granted subject to the following terms and conditions:
The applicant shall furnish, when required, complete information and specifications relating to the system to be provided. The information shall include specific data relating to the service of false alarms and testing procedures, if desired.
No person other than the applicant and his designated agents and employees shall exercise the privilege.
The applicant shall maintain his equipment in good condition and repair and maintain an adequate work force and equipment to repair, maintain and service such system.
No permit shall be transferred or assigned in any manner.
An excessive number of false alarms will be penalized as provided herein and will subject the subscriber to disconnection.
No subscriber will fail or refuse to respond to a police summons in reference to deactivating an alarm, whether or not the same is legitimately or falsely activated and regardless of the type of alarm.
The Police Chief shall cause an investigation to be made and submit the results thereof to the Borough Clerk, who shall issue the permit if the Chief of Police finds that the system in the police switchboard or in the Police Department will not jam the switchboard, constitute a nuisance or otherwise interfere with or hinder the proper operation of the police work of the Borough.
All such permits issued under this chapter shall expire on January 31 following the year in which a permit is granted. Thereafter, the Borough Clerk may issue a renewal permit, provided that on or before January 31 of the succeeding year a request is made in writing for the renewal of said permit, and there shall be charged and paid by the applicant a renewal fee for each and every year as provided herein.
Any permit issued under the provisions of this chapter may be suspended or revoked by the Police Chief as provided herein.
Any permit issued under the provisions of this chapter may be suspended or revoked by the Police Chief when it shall appear that:
The permittee, his agents or employees willfully failed or did not comply with a request by a member of the Police Department to proceed immediately to the location of the permittee's alarm and render necessary services.
The permittee, his agents or employees knowingly installed or maintained a faulty alarm device. An inordinate number of false alarms shall be prima facie evidence that such alarm device is knowingly a faulty device.
The permittee has breached the terms and conditions of the permit or has failed to comply with Departmental rules or the other provisions of this chapter, or the privilege so granted has been abused to the detriment of the public.
Any person aggrieved by the action of the Police Chief or Borough Clerk in denying a permit or in the suspension or revocation of any permit provided for by this chapter may appeal to the Director of Public Safety of the Borough of Lindenwold by serving written notice of such appeal upon the Borough Clerk.
Notwithstanding the payment of any fee as herein required and/or the receiving or issuance of any permit as herein required, the Police Department of the Borough of Lindenwold shall be under no obligation whatsoever concerning the adequacy, the operation or maintenance of the device or devices so installed, and the Borough of Lindenwold and its authorized agents hereby assume no liability whatsoever for any failure of any such equipment, failure to respond to any such alarms or for any act of omission or commission as a result of any such alarm, device or system.
The applicant or permittee, upon the acceptance of such permit, hereby agrees to hold and save harmless the Borough of Lindenwold, its agents or employees from any liability whatsoever in connection with any such alarm system or the operation of the same.
[Added 3-16-1987 by Ord. No. 739]
In the event that any subscriber shall have more than two false alarms in any consecutive thirty-day period, upon the third such false alarm, he shall be in violation of this chapter and shall be subject to a fine not to exceed $25 upon conviction in the Municipal Court. Each succeeding violation within the same thirty-day period shall be subject to a fine not to exceed $50 upon conviction in the Municipal Court.
[Amended 3-16-1987 by Ord. No. 739]
Except as otherwise provided, any person, firm or corporation found guilty in the Municipal Court of the Borough of Lindenwold of a violation of the terms of this chapter shall be subject to the penalties as set forth in Chapter 1, § 1-1, of this Code.