[HISTORY: Adopted by the Mayor and Council of the Township of Berlin 4-26-1999 by Ord. No. 1999-7 (Ch. 87A of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 170.
Nuisances — See Ch. 220.
The provisions of this chapter shall apply to any person who operates, maintains or owns any alarm device, alarm system, dial alarm or local alarm designed to produce a visual or audible signal of an emergency or otherwise designed to summon the Berlin Township Police Department, the Berlin Township Fire Department or any other municipal agency to any location in response to any type of alarm signal.
A. 
As used in this chapter, the following terms, phrases, words and derivations shall have the following meanings:
ALARM SYSTEM
Any mechanical, electrical or electronic device which is designed or used for the detection of an unauthorized entry into a building, structure or facility or for alerting others about the commission of an unlawful act within a building, structure or facility for alerting others about the existence of any other condition requiring response of police, fire or ambulance personnel and which emits and/or transmits an audible and/or visual signal or message when activated. Alarm systems include, but are not limited to, direct dial telephone devices, audible alarms and subscriber alarms.
AUDIBLE ALARMS
A device that emits an audible signal from the premises that it is designated for protection.
CHIEF
For purposes of this chapter, wherever the term "Chief" appears by itself, it shall be interpreted to mean the Police Chief and/or the Fire Chief as the context and circumstances require.
DIAL ALARM or DIRECT-DIAL ALARM
Any type of alarm system using telephone lines transmitting an alarm directly through the police switchboard, providing warning of intrusion, fire, smoke, flood or other perils by way of recorded voice message.
DIGITAL ALARM
A microprocessor-controlled alarm switch designed to connect to a console or central station.
FALSE ALARM
Any alarm or signal of an alarm system actuated by inadvertence, negligence, intentional or unintentional act of a person other than an intruder and including, as well, alarms caused by mechanical failure, malfunctioning or improper installation of the alarm system and related equipment but not including alarms created by mechanical failure, malfunctioning or improper installation of the alarm console. For purposes of § 75-6, false alarms shall not include audible alarms affixed to automobiles.
FIRE CHIEF
The Fire Chief or Acting Fire Chief of the Berlin Township Fire Department or his/her designated representative. For purposes of this chapter, the term "designated representative" shall mean any person designated by the Fire Chief to perform a function required or permitted by the provisions of this chapter.
LOCAL ALARM
Any alarm system which, when activated, produces a signal not connected to the alarm console or the police switchboard, such as store burglar alarm activating bell devices, providing warning of intrusion, fire, smoke, flood or other perils. The term "local alarm" shall not include an alarm system on a motor vehicle, provided that such alarm is not interconnected with an alarm device, a dial alarm or a local alarm. The term "local alarm" shall also not include any alarm equipment designed to signal solely within the building (or series of buildings, if owned by the same person) on which it is located and which is not designed to emit signals, visible or audible, to persons outside each building (or series of buildings).
MONITORED SYSTEM
An alarm system that, when activated, causes a visual and/or audible signal to a private monitoring center by telephone or other means that results in a telephone call being placed to the Berlin Township Police Department or Camden County Communications Center by the monitoring service requesting emergency response to the location of the alarm.
PERSON
Includes any natural person, partnership, corporation or association.
POLICE CHIEF
The Police Chief or Acting Police Chief of the Berlin Township Police Department or his/her designated representative. For purposes of this chapter, the term "designated representative" shall mean any person designated by the Police Chief to perform a function required or permitted by the provisions of this chapter.
POLICE DEPARTMENT
The Berlin Township Police Department and/or the Camden County Communications Center.
PUBLIC NUISANCE
Any condition or occurrence which annoys, injures, or endangers the comfort, repose, health or safety of any person(s) of any community or neighborhood.
TOWNSHIP
The Township of Berlin.
VISUAL ALARMS
A rotating or flashing light that, when activated, is intended to alert the observer that the premises on which it is affixed has been illegally entered.
B. 
When not inconsistent with the context, words used in the present tense include the singular tense, and words in the singular tense include the plural tense. The word "shall" is always mandatory.
A. 
No person shall install, operate or maintain an alarm system on any property within the Township unless such alarm system is registered with the Police Chief. Such registration shall include all information deemed necessary by the Police Chief, including, but not limited to, the following information:
(1) 
The name and address of the property owner;
(2) 
The name and address of each tenant or occupant of the property if other than the property owner;
(3) 
The type of alarm device;
(4) 
The name, address and telephone number of the alarm business(es) selling, installing, monitoring, inspecting, servicing, responding to and/or maintaining the alarm system;
(5) 
The name and telephone number of at least two persons who can be reached at any time, day or night, and who are authorized to respond to an alarm signal and who can open the premises in which the system is installed; and
(6) 
The indemnification described in § 75-3B below executed by the property owner and each occupant of the building utilizing an alarm system registered pursuant to this section.
B. 
The registration of an alarm system pursuant to this chapter shall be expressly conditioned upon the registrant agreeing, in writing, to indemnify and hold the Township harmless from and on account of any and all damages arising out of the activities of the registrant or its alarm contractor and arising out of the existence, operation, failure to operate, use or misuse of the alarm system on the registrant's premises and arising out of the operation or failure to operate of the alarm console.
C. 
The provisions of this chapter shall not apply to audible alarms affixed to automobiles; provided, however, that the provisions of § 75-8 shall apply to audible alarms affixed to automobiles.
[Amended 11-13-2000 by Res. No. 2000-218]
D. 
All audible alarm systems in place on the effective date of this section shall have a period of six months within which to register such system in accordance with this section; provided, however, that if an audible alarm is activated and the Police Department or the Fire Department responds to such activation, whether or not such signal is for a true emergency situation or a false alarm, the property owner must register such system pursuant to this section within 14 days after such activation.
Dial alarm devices shall not be permitted in the Township.
A. 
The alarm business or owner of any audible alarm system shall be responsible for deactivating any alarm within 60 minutes after notification or after reasonable efforts have been made to notify the owner or alarm business that such alarm is sounding.
B. 
Every audible alarm installed after the effective date of this section shall have a timing device which automatically shuts off the alarm within 60 minutes after it is activated. An alarm that sounds for more than 60 minutes may be considered a public nuisance as defined in this chapter. All audible alarms installed prior to the effective date of this section must either have a timing device which automatically shuts off the alarm within 60 minutes after it is activated or the property owner must have in place procedures whereby the alarm is manually or automatically shut off within 60 minutes after it is activated.
C. 
In the event that an alarm system emitting an audible, visual or other similar response shall fail to be deactivated within the time limitation specified in § 75-5B above, the Chief shall have the right to take such action as may be necessary in order to disconnect any such alarm.
D. 
The obligation for the maintenance, repair, upkeep and continuing operation of alarm systems shall be the sole responsibility of the person(s) having had the system installed. All components of alarm equipment must be maintained in good repair by the registrant, and, when evidence exists that there has been failure to comply with the operational requirements of this chapter, the Chief is then authorized to demand that such device be disconnected until such time as compliance with current requirements is reestablished.
E. 
An alarm business, upon written request by the Chief, shall provide a service history of a particular alarm system within five business days after receiving the request.
F. 
Any person testing an alarm covered under the terms of this chapter shall notify the Police Department immediately prior to and after the testing is completed. Failure to do so shall subject such person to the fees provided for false alarms.
G. 
The sensory mechanism of alarm devices and local alarms shall be adjusted so as to suppress false indications and not to be actuated by impulses due to pressure changes in water pipes, short flashes of light, wind, noises, rattling or vibration at doors or windows or other forces unrelated to general alarms.
H. 
In addition to any other information that may be required to be supplied by the provisions of this chapter, the Chief may require the alarm business to furnish him with certain statistical data which may be reasonably available relative to specified periods of operation after the effective date of this chapter.
I. 
In addition to the normal power supply, alarm devices and local alarms shall have an independent battery, of equal voltage to the normal power supply, which is kept fully charged and shall be capable of switching from one power supply to the other automatically.
J. 
The Chief may from time to time promulgate rules and regulations supplementing this chapter in order to provide for recordkeeping, efficient management and administration of the provisions of this chapter; provided, however, that the Mayor and governing body must first approve these rules or any changes thereto.
A. 
In the case of a false alarm, any person having knowledge thereof shall immediately notify the Police Department or the Fire Department, as the case may be, in a manner to be prescribed by the rules and regulations promulgated in accordance with § 75-5J of this chapter. In addition, in the case of false alarms, the Chief shall cause an investigation to be made and keep a record of all such alarms on file. Upon the occurrence of a false alarm, the Chief shall cause a notice of false alarm on a form prescribed by the Chief and approved by the governing body to be forwarded to the property owner indicating the date and time of the alarm response, comments with respect to the incident and information with respect to the number of false alarms during the given calendar year. The form shall be signed by the Chief or the designated representative responding to the false alarm and investigating the matter. Fines may be imposed for repeated false alarms generated at the same property in any given calendar year based on the following schedule:
(1) 
Residential properties. For the first, second, third, fourth and fifth false alarm in any given calendar year, a warning shall be issued. For the sixth, seventh and eighth false alarm in any calendar year, a fine of $100 for each false alarm occurrence shall be imposed. In the event the Fire Department responds to a false alarm on a sixth, seventh and/or eighth occurrence, an additional fine in the amount of $100 for each occurrence shall be imposed. For the ninth, tenth and eleventh false alarm in any calendar year, a fine of $200 for each occurrence shall be imposed. In the event the Fire Department responds to a false alarm on a ninth, tenth, and/or eleventh occurrence in any calendar year, an additional fine in the amount of $200 for each occurrence shall be imposed. For the twelfth, thirteenth and fourteenth false alarm which occurs in any calendar year, a fine of $300 for each occurrence shall be imposed. In the event the Fire Department responds to a false alarm on a twelfth, thirteenth and/or fourteenth occurrence in any calendar year, an additional fine in the amount of $200 for each occurrence shall be imposed.
[Amended 11-8-1999 by Ord. No. 1999-20]
(2) 
Nonresidential property. For the first, second, third, fourth and fifth false alarm in any given calendar year, a warning shall be issued. For the sixth false alarm in any calendar year, a fine of $200 shall be imposed. In the event the Fire Department responds to a sixth false alarm, an additional fine in the amount of $200 shall be imposed. For the seventh, eighth and/or ninth false alarm in any calendar year, a fine of $300 for each occurrence shall be imposed. In the event the Fire Department responds to a false alarm for the seventh, eighth and/or ninth occurrence, an additional fine in the amount of $300 per occurrence shall be imposed. For the tenth through fourteenth false alarm which occurs in any calendar year, a fine of $500 for each occurrence shall be imposed. In the event the Fire Department responds to a false alarm for a tenth, eleventh, twelfth, thirteenth and/or fourteenth occurrence, an additional fine in the amount of $500 per occurrence shall be imposed.
[Amended 11-8-1999 by Ord. No. 1999-20]
(3) 
If an alarm system for a specific property or location within a property is the subject of false alarm incident reports of 15 or more during any calendar year, a summons to appear before the Municipal Court for each occurrence shall be directed to the property owner and/or the business operator and any and all fines and penalties in accordance with § 75-7 may be imposed by the Court as the Court deems appropriate.
(4) 
If a fine is imposed on a property owner pursuant to this section, the Chief shall cause a summons to be issued to the property owner stating the amount of the fines to be paid. The first portion of such fine shall be paid to the Municipal Court Clerk. The supplemental portion of the fine incurred in the event of a response by fire personnel shall be collected by the Municipal Court Clerk and thereafter paid by the Clerk to the local Fire District.
[Amended 11-8-1999 by Ord. No. 1999-20]
B. 
False alarms created by any act of God as determined by the Chief shall not be included in the count of false alarm incidents for purposes of calculating the applicable fine under § 75-6A above. In addition, the Chief shall have the authority to waive any specific fines or not include any one or more incidents in the count of false alarm incidents for purposes of calculating the applicable fines as the Chief determines is in the best interest of the Township.
C. 
In the event that the Municipal Court determines that the false alarm(s) occurred as a direct result of an interruption of electrical power, a telephone system malfunction, an alarm equipment malfunction or other causes clearly beyond the control of the owner, the Municipal Court may waive imposition of the applicable false alarm fines or administrative sanction.
A. 
Any person, firm or corporation found guilty in the Municipal Court of the Township for violation of the terms of this chapter shall be subject to a fine up to the maximum allowed by law or imprisonment for a period up to the maximum allowed by law.
B. 
All remedies shall be cumulative, and the use of one or more remedies by the Township shall not bar the use of any other remedy for the purpose of enforcing the provisions of the chapter.
Any audible alarm, including, but not limited to, audible automobile or other vehicular alarms, which continues to transmit an audible signal for more than 60 minutes after the property owner, registrant, alarm business and/or vehicle owner is notified, or all reasonable attempts to so notify such person or persons are made, shall be grounds for holding such property owner, registrant, alarm business or vehicle owner in violation of Chapter 220 of the Township Code and subject to the penalties contained therein.
The provisions contained herein shall apply equally to those alarm systems that are placed in service prior to or subsequent to the effective date of this chapter.