[HISTORY: Adopted by the Mayor and Council
of the Borough of Sea Bright 10-17-1995 by Ord. No. 26-95; amended in its entirety 3-3-2015 by Ord. No. 1-2015. Subsequent amendments
noted where applicable.]
A.
The purpose of this chapter is to reduce the dangers and inefficiencies
associated with false alarms which require response thereto by the
Department of Police, Fire or other municipal agencies of the Borough
of Sea Bright and to encourage alarm companies and property owners
to maintain the operational reliability, properly use alarm systems,
and to reduce or eliminate false alarm dispatch requests.
B.
Additionally, this chapter establishes service fees and a system
of administration.
The provisions of this chapter shall apply to any person who
operates, maintains or owns any alarm system having an audible signaling
device or requiring a response thereto by the Department of Police,
Fire or other municipal agencies. Any person having a premises protected
by an alarm system shall still be responsible for the registration
thereof in accordance with this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
The person or persons designated by the Chief of Police and/or
his designee to administer the provisions of this chapter. He/she
may also function as the alarm system inspector.
The legal contract or agreement by and between the alarm
installation company and/or monitoring company and the alarm user.
A notification to the Police Department that an alarm, either
manual or automatic, has been activated at a particular alarm site.
A person in the business of selling, providing, maintaining,
servicing, repairing, altering, replacing, moving or installing an
alarm system at an alarm site for compensation and includes individuals
or firms that install and service alarm systems used in a private
business or proprietary facility.
A permit and permit number issued by the alarm administrator
to an alarm user which authorizes the operation of an alarm system.
A location served by one or more alarm systems. In a multiunit
building or complex, each unit shall be considered a separate alarm
site if served by a separate alarm system. In a single-unit building
that houses two or more separate businesses with separate alarm systems,
each business will be considered a separate alarm site.
A device or series of devices which emit or transmit an audible
or remote visual or electronic alarm signal which is intended to summon
police response. The term includes hardwired systems and systems interconnected
with a radio frequency method such as cellular or private radio signals
and includes local alarm systems but does not include an alarm installed
in a motor vehicle, on one's person or a system which will not emit
a signal either audible or visible from the outside of the building,
residence or beyond, but is designed solely to alert the occupants
of a building or residence.
Any person who has contracted for monitoring, repair, installation
or maintenance service for an alarm system from an alarm installation
company or monitoring company or who owns or operates an alarm system
which is not monitored, maintained or repaired under agreement.
A class conducted for the purpose of educating alarm users
about the responsible use, operation, and maintenance of alarm systems
and the problems created by false alarms.
A device that controls an alarm system.
Any device such as a bell, siren, whistle, horn, gong, klaxon,
etc., employed to call attention and which may be heard beyond the
limits of the property concerned.
Any electronic, mechanical, or other device which, when activated,
is capable of being programmed to send a prerecorded voice message
to a law enforcement agency requesting a police dispatch to an alarm
site.
An alarm intended to identify the presence of an intruder
in either a business or residence.
The termination of a police response to an alarm site after
a dispatch request is made but before an officer's arrival at the
alarm site.
A check-off list provided by the alarm administrator to the
alarm installer to provide to the alarm user to complete prior to
the activation of an alarm system.
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 and requires an
officer's response.
An attempt by the monitoring company, or its representative,
to contact the alarm site and/or alarm user and/or the alarm user's
designated representatives 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 a police 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
an officer dispatch. Names and numbers of those contacted or attempted
to contact shall be provided when requested.
An alarm dispatch request to the Police Department which
results in the responding officer finding no evidence of a criminal
offense or attempted criminal offense after completing an investigation
of the alarm site. This includes any alarm activated by inadvertence,
negligence or the unintentional act of someone other than an intruder
and includes alarms caused by the malfunctioning of the alarm device
or other relevant equipment.
A silent alarm signal generated by the manual activation
of a device intended to signal a robbery in progress.
An unmonitored alarm system that annunciates an alarm only
at the alarm site.
The process by which a monitoring company receives signals
from an alarm system and relays an alarm dispatch request to the Police
Department.
A person in the business of providing monitoring services.
The manual activation of a silent alarm signal by entering
a code that adds one number to the last digit of the normal arm/disarm
code (e.g., normal code = 1234, one plus duress code = 1235).
An alarm system signal generated by the manual activation
of a device intended to signal a life-threatening or emergency situation
requiring an officer's response.
A unique individual number assigned to an alarm user as part
of the registration of their alarm permit issued by the Police Department.
An individual, corporation, limited liability company, partnership,
association, organization or similar entity.
The Borough of Sea Bright Police Department.
An alarm system that produces a temporary disability or sensory
deprivation through use of chemical, electrical, sonic or other means,
including use of devices that obscure or disable a person's vision.
A person capable of appearing at the alarm site upon request
who has access to the alarm site, the code to the alarm system and/or
the authority to approve repairs to the alarm system.
An alarm signal generated by the manual or automatic activation
of a device, or any system, device or mechanism on or near the premises
intended to signal that a robbery is in progress and that a person
is in need of immediate police assistance in order to avoid bodily
harm, injury or death. The term has the same general meaning as "holdup
alarm" or "duress alarm."
The ANSI American National Standard Institute-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 are marked as follows:
"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 violation of the alarms
chapter.
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.
Responsibility for administration of this chapter is vested with
the Chief of Police.
B.
The Chief of Police shall designate an alarm administrator to carry
out the duties and functions described in this chapter.
C.
The fees set forth in this chapter may only be increased by a duly
adopted ordinance of the Borough Council. For purposes of this subsection,
"fees" includes any type or class of fee and includes late fees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
The alarm administrator shall conduct an annual evaluation and analysis
of the effectiveness of this chapter and identify and implement system
improvements as warranted.
A.
A person, firm or corporation who desires to own or operate an alarm
system shall make application, in writing, to the Chief of Police
on the form provided by the Department. An alarm user shall not operate,
or cause to be operated, any alarm system without a valid alarm permit.
A separate alarm permit is required for each alarm site having a distinct
address or business name. A permit fee including a completed alarm
permit application shall be received and approved by the alarm administrator
prior to any alarm system activation.
B.
Owners of local alarm systems are required to adhere to all sections
of this chapter and are subject to all fees, service fees, suspensions,
penalties or other requirements that are applicable.
C.
The fee for a new initial alarm permit and an alarm permit renewal
fee shall be collected by the alarm administrator and/or his designee.
D.
Existing security alarm systems.
(1)
Any security alarm system which has been installed before the effective
date of this chapter shall be registered and a permit fee collected
by the alarm administrator and/or his designee within 60 days after
such effective date. The alarm agreement holding company shall provide,
in a format approved by the alarm administrator, an alarm user list
of existing alarm users in the Borough, including name, address, billing
address, telephone number and the telephone number of the law enforcement
agency that they have listed to call to report an alarm for that alarm
site to the alarm administrator.
(2)
The alarm agreement holding company may through a mutual written
agreement have another alarm company provide the alarm user's list.
(3)
Failure to comply within 30 days after being notified in writing
from the alarm administrator will result in a fee of $50 per business
day until the alarm agreement holding company complies with this requirement.
E.
New security alarm systems.
(1)
Any alarm installation company that installs a security alarm system on premises located within the Borough limits of the Borough of Sea Bright shall notify the alarm administrator that a security alarm system has been installed and send the alarm administrator the required information as listed in the alarm permit application, § 53-7, including the appropriate registration permit fee collected from the alarm user.
(2)
Failure of an alarm installation company to notify the alarm administrator
of a new security alarm system installation prior to the system's
activation shall result in a fee of $100 fee to the alarm installation
company.
(3)
The initial alarm permit registration fee must be submitted to the
alarm administrator at the same time as the registration application
or an alarm system takeover.
(4)
It shall be the responsibility of the alarm user to forward to the
alarm administrator the completed application within seven days of
installation.
A.
Beginning January 1, 2015, an alarm registration shall expire on
December 31 of the year in which issued and must be renewed annually
by the alarm user by submitting an updated application and a permit
renewal fee. The alarm administrator and/or his designee shall notify
the alarm user of the need to renew their permit 30 days prior to
the expiration of the registration. It is the responsibility of the
alarm user to submit the updated information and renewal fees prior
to the registration/renewal expiration date. Failure to renew shall
be classified as use of a nonregistered security alarm system and
subject the alarm site to a suspension and/or late fees.
B.
Fees.
(1)
Registration permit fees shall be collected annually beginning January
1, 2015, and will be based on a one-year permit period. Said period
will run from January 1 through December 31 of each year.
(3)
Late fee. Alarm users who fail to make payment for an alarm permit
prior to the registration expiration date will be assessed a late
fee in the amount of $10.
C.
Refunds. No refund of a permit or permit renewal fee will be made.
D.
Any alarm installation company that installs or activates an alarm
system on premises within the Borough after the effective date of
this chapter shall have the alarm user complete a customer false alarm
prevention checklist and the installer shall complete an alarm installer
checklist. The alarm installation company shall keep on file the completed
checklist for up to one year after the activation of the alarm system.
Failure to complete the required checklists shall result in an administrative
fee of $100 per incident against the alarm installation company.
E.
Upon receipt of a completed alarm permit application form and the
alarm permit fee, the alarm administrator and/or his designee shall
issue a permit or permit renewal to the applicant unless:
(1)
The applicant has failed to pay any fee assessed under this chapter;
or
(2)
An alarm permit for the alarm site has been suspended, and the condition
causing the suspension has not been corrected; or
(3)
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 alarm permit.
F.
Upon receipt of the permit application form and fee, the alarm administrator
shall issue a permit and permit number to the alarm user which will
be valid through December 31 of the year issued if the alarm administrator
is satisfied that the registration information is complete and that
the alarm system will be operated in conformance to this chapter.
Renewal permits are valid for a one-year period beginning January
1 and ending December 31.
G.
Permit number. A valid permit number for the alarm site is required
for each request for a burglar alarm dispatch. A burglar alarm request
without a valid permit number may not be accepted for a police dispatch.
H.
Exceptions:
(1)
Government entities, including but not necessarily limited to the
Borough of Sea Bright, county, state, federal and the school district,
must obtain permits for all alarm systems on property under their
control within the corporate boundaries of the Borough of Sea Bright
but are exempt from payment of permit and renewal fees.
An application for an alarm permit must be on a form provided
by the Borough of Sea Bright Police Department and must contain the
following information:
A.
The name, complete address, apartment or suite number, telephone
numbers of the person who will be the holder of the permit and be
responsible for the proper maintenance and operation of the alarm
system and payment of fees assessed along with an emergency contact
number under this chapter;
B.
The physical address and classification of the alarm site as either
residential (includes apartment, condo, mobile home, etc.) or commercial;
C.
The classification of the alarm system (i.e., burglary, fire, holdup,
duress, panic alarm or other) for each alarm system located at the
alarm site, and, for each classification, whether the alarm is audible
or silent;
D.
The applicant's mailing address, if different from the address of
the alarm site;
E.
Any dangerous or special conditions present at the alarm site such
as guard dogs or any type of alarm system that is rigged to produce
a temporary disability or sensory deprivation through use of chemical,
electrical, sonic or other means, including use of devices that obscure
or disable one's vision;
F.
A written notice from the alarm user setting forth the following:
(1)
The date of installation, conversion or takeover of the alarm system,
whichever is applicable;
(2)
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;
(3)
The name, address, and telephone number of the monitoring company
if different from the alarm installation company;
(4)
That a set of written operating instructions for the alarm system,
including written guidelines on how to avoid false alarms, have been
left with the applicant by the alarm installation company; and
(5)
That the alarm installation company has trained the applicant in
proper use of the alarm system, including instructions on how to avoid
false alarms.
G.
An acknowledgement that the police response may be influenced by
factors including, but not limited to, the availability of officers,
priority of calls, traffic conditions, weather conditions, emergency
conditions, prior alarm history, administrative actions and staffing
levels.
A.
An alarm permit cannot be transferred to another person or alarm
site. An alarm user shall inform the alarm administrator of any change
to the information listed on the alarm permit application within 10
business days after such change.
B.
Exceptions may be made in the discretion of the alarm administrator
when the transfer proposed is among members of the family of the original
permit holder or successors in interest to the property for which
the permit has been issued.
A.
An alarm user shall:
(1)
Maintain the alarm site and the alarm system in a manner that will
minimize or eliminate false alarms;
(3)
Provide your alarm company with the updated names and telephone numbers
of at least two individuals who are able and have agreed to:
(4)
Not activate an alarm system for any reason other than an occurrence
of an event that the alarm system was intended to report.
B.
No person shall operate or cause to be operated any automatic dialing
device which, when activated, uses a telephone device or attachment
to automatically dial a telephone line leading into the Police Department
or the Borough and then transmit any prerecorded message or signal.
An administrative fee of $100 per incident will be assessed.
C.
An alarm user shall keep a set of written operating instructions
for each alarm system at each alarm site.
D.
All alarm users shall agree with their alarm installation company
or monitoring company to go through an acclimation period for the
first seven days after activation of a burglar alarm system, during
which time the alarm installation company or monitoring company will
have no obligation to respond to, nor will it respond to, any alarm
signal from the alarm site, or make an alarm dispatch request to the
police, even if the alarm signal is the result of an actual alarm
event. Exceptions to the acclimation period of nonresponse can be
made by the Police Department in special circumstances, including
but not limited to, domestic violence and stalking.
E.
An alarm user should have an alarm installation company inspect the
alarm system after two false alarms in their one-year permit period
to modify the alarm system to be more false alarm resistant or provide
additional user training as appropriate.
A.
After the effective date of this chapter no one shall install, modify
or repair an alarm system in the Borough of Sea Bright that has a
siren, bell or other signal that is audible from any property adjacent
to the alarm site that sounds for longer than 15 consecutive minutes
after the alarm is activated or that repeats the fifteen-minute audible
cycle more than three consecutive times during a single armed period.
An administrative fee of $100 per incident will be assessed.
B.
Audible alarm systems may be disconnected by the Borough of Sea Bright through the use of any means reasonable and necessary if the alarm does not automatically shut off as described in Subsection A. The Borough or its employees or agents shall not be responsible or liable for damage resulting from such disconnection.
A.
Each alarm installation company and alarm monitoring company must
designate one individual as the alarm response manager (ARM) for the
company. The individual designated as the ARM must be knowledgeable
of the provisions of this chapter, as well as have the knowledge and
authority to deal with false alarm issues and respond to requests
from the alarm administrator. The name, contact number, and email
address of the ARM shall be provided to the alarm administrator.
B.
Alarm installation companies shall:
(1)
Upon the installation or activation of an alarm system, the alarm
installation company shall distribute to the alarm user information
summarizing:
(2)
After 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 installed prior to the effective date of this
chapter.
(3)
Upon the effective date of this chapter, alarm installation companies
shall not install, modify or repair "single-action" devices for the
activation of holdup, robbery or panic alarms. New devices shall require
two actions or an activation delay to provide more positive assurance
that the user intends to activate the device. No single-action key
fob devices are allowed.
(4)
Ninety days after the effective date of this chapter, an alarm installation
company shall, on new installations, use only alarm control panel(s)
which meet ANSI/SIA CP-01 Control Panel Standard Features for False
Alarm Reduction.
(5)
An alarm company shall not use an automatic voice dialer for any
alarm system which, when activated, uses a telephone device or attachment
to automatically dial a telephone line leading into the Police Department
or the Borough and then transmit any prerecorded message or signal.
An administrative fee of $100 per incident shall be assessed.
(6)
After completion of the installation of an alarm system, an employee
of the alarm installation company shall review with the alarm user
the customer false alarm prevention checklist or an equivalent checklist
approved by the alarm administrator and/or his designee. The installer
shall complete the alarm installer checklist.
(7)
Ensure that all alarm users of alarm systems equipped with a duress,
robbery, holdup or panic alarm has been provided adequate training
as to the proper use of the alarm. Panic alarms shall be set to have
an audible alarm upon activation.
(8)
Each installation company must maintain, for a period of at least
one year after the date of installation or activation of an alarm
system, both the completed alarm installer checklist and the customer
false alarm prevention checklist. The alarm administrator may request
copies of such records for any individual alarm user. The company
shall provide the requested records within five business days. Failure
to comply with this subsection will incur a $50 service fee.
C.
A monitoring company shall:
(1)
A monitoring company shall not make an alarm dispatch request to
a burglar alarm signal during the first seven-day acclimation period
after a burglar alarm system installation or activation. Exceptions
to the acclimation period of nonresponse can be made by the Police
Department in special circumstances, including but not limited to,
domestic violence and stalking.
(2)
Report alarm signals by using telephone numbers designated by the
alarm administrator and/or his designee.
(3)
Employ enhanced call verification on all burglar alarms. The Borough
of Sea Bright Police Department may refuse to accept an alarm dispatch
request from a monitoring company that has failed to comply with the
procedures required by enhanced call verification.
(4)
Communicate alarm dispatch requests to the Police Department in a
manner and form determined by the alarm administrator and/or his designee.
(5)
Communicate cancellations to the Police Department in a manner and
form determined by the alarm administrator and/or his designee.
(6)
Communicate any available information (north, south, front, back,
door, window, etc.) about the location of an alarm signal(s) as part
of an alarm dispatch request.
(7)
Communicate the type of alarm activation (silent or audible, interior
or perimeter), if available, on any alarm dispatch request.
(8)
Notify dispatch of any alarm site that it knows, or reasonably should
know, has guard dog(s) or is fitted with a protective-reactive device.
During any alarm at such a site, a responsible party must be contacted
and confirm that he or she will respond to the alarm site to disarm
the device or take control of the guard dog(s). In all cases where
a guard dog or a protective-reactive device is present at an alarm
site, the police dispatch request shall include a warning for officers
not to enter the alarm site until the responsible party is present
and has disarmed the device or taken control of the guard dog(s).
(9)
After an alarm dispatch request, promptly advise the Police Department
if the monitoring company knows that the alarm user or a responsible
party is on the way to the alarm site.
(10)
Each monitoring company must maintain, for a period of at least
one year after the date of an alarm dispatch request, all records
relating to the alarm dispatch request. Records must include the name,
address and telephone number of the alarm user, each alarm system
zone activated, the time of alarm dispatch request and evidence of
all attempts to verify. The alarm administrator may request copies
of such records for any individual alarm user. Failure to comply with
this subsection will incur a service fee of $50 per incident.
(11)
Each monitoring company shall, upon request, immediately provide
the Police Department with the names and phone numbers of the alarm
user's emergency contacts at the time of each alarm dispatch request.
(12)
Conversion of alarm users. An alarm installation company or
monitoring company that converts the servicing of any alarm system
account from another company shall notify the alarm administrator
of such conversion and shall provide to the alarm administrator, within
30 days from the date of conversion, an alarm user list of the converted
accounts, in a format acceptable to the alarm administrator and/or
his designee that includes the following:
(13)
The customer lists described in Subsection C(12) above are proprietary and confidential information and will not be released to anyone absent a court order.
(14)
Failure to provide alarm user lists to the alarm administrator, as required in Subsection C(12) above, will result in a fee of $50 per business day until the alarm installation company or monitoring company complies with the requirement.
(15)
Disconnected alarm users. An alarm installation company or alarm
monitoring company that holds the alarm agreement shall notify the
alarm administrator by the 15th day of each month of all their alarm
customers within the Borough of Sea Bright that have discontinued
their alarm service with the company in the previous month. Failure
to comply can result in an administrative fee of $50 per incident.
B.
The alarm administrator and/or his designee shall establish a procedure
to acquire and record information on alarm dispatch requests, including
the following information; i.e., the CAD entry shall include:
(1)
Identification of the alarm site by address, (apartment number, unit
number, suite number) and business name or last name;
(2)
The date and time alarm dispatch request was received, including
the name of the monitoring company and the monitoring operator's name
or number;
(3)
Date and time of an officer's arrival at the alarm site;
(4)
The alarm zone(s) and zone description.
C.
The alarm administrator and/or his designee shall establish and implement
a procedure to notify the alarm user of a false alarm. The notice
shall include the following:
D.
The alarm administrator and/or his designee may require that a conference
be held with an alarm user and the alarm installation company or monitoring
company responsible for repairing or monitoring of the alarm system
to review the circumstances of each false alarm. The conference may
be held in person or through a conference telephone call at the alarm
administrator's discretion. Failure to participate may result in suspension
of the alarm permit.
E.
The alarm administrator and/or his designee may establish an alarm
user awareness class. The alarm administrator and/or his designee
may request the assistance of associations, alarm companies and law
enforcement agencies in developing and implementing the class. The
class shall inform alarm users of the alarm ordinance, problems created
by false alarms and teach alarm users how to avoid creating false
alarms.
F.
If a false robbery, holdup or panic alarm has occurred and the alarm
was triggered using a single action, nonrecessed device, the alarm
administrator may consider a waiver or partial waiver of the false
alarm fee, if action is taken by the alarm user to remove or replace
the single-action, nonrecessed device.
G.
The alarm administrator and/or his designee will make a copy of this
chapter and/or an ordinance summary sheet available to each alarm
user.
A.
False alarm service fees. An alarm user shall pay the following fees
to the alarm administrator for police response to any false alarm
during their one-year permit period:
|
False Alarm Service Fees
| |
|---|---|
|
False Alarms
|
Service Fee
|
|
1 and 2
|
Complimentary
|
|
3
|
$50
|
|
4 and 5
|
$100
|
|
6+
|
$150
|
B.
If a false alarm fee is not paid within 30 days after the invoice
is mailed, a late fee in the amount of $20 will be imposed.
D.
Where the investigation of the Police Department discloses a disregard
of the permittee for taking remedial steps to avoid false alarms and/or
the failure of the permittee to pay any administrative charge, the
Chief of Police or his designee reserves the right to require disconnection
provided that no such permit shall be revoked or suspended without
giving the permittee the opportunity to appeal said decision. In addition,
if any person fails to pay any administrative charge within 30 days
of the notification of said charge to any person, a summons may be
issued for a violation of this chapter.
E.
Any unauthorized equipment may be required to be disconnected by
the Chief of Police or his designee for noncompliance with this chapter;
and any person installing or maintaining unauthorized equipment shall
be prosecuted for violation of this chapter; and 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 inspection of the premises on which said alarm devices
are installed at reasonable hours by the Chief of Police and/or his
designee.
F.
Any monitoring company requesting an alarm dispatch request for a
nonpermitted alarm system shall pay an administration fee of $100
per incident. If the fee is not paid within 30 days after the invoice
is mailed, a late fee in the amount of $25 is hereby imposed on the
monitoring company.
G.
If cancellation of police response occurs prior to the police officer's
arrival at the alarm site, the response is considered a false alarm
and any applicable fee(s) will be assessed. The police cannot and
will not cancel once notified by a monitoring/alarm company of an
activated alarm.
H.
The alarm installation company shall be assessed a fee of $100 if
the officer responding to the false alarm determines that an on-site
employee of the alarm installation company directly caused the false
alarm. Such false alarms are not included in the total number of false
alarms for the alarm user.
I.
A fee of $100 is hereby imposed against any monitoring company that fails to verify alarm system signals as required in § 53-11C(3).
J.
A fee in the amount of $200 is hereby imposed against an alarm installation
company if the alarm administrator determines that an employee of
the alarm installation company knowingly made a false statement concerning
the inspection of an alarm site or the performance of an alarm system.
K.
Notice of the right of appeal under this chapter will be included
with notice of any fee.
L.
All registration fees, renewal registration fees, service fees or
fines assessed under this section are due within 30 days of written
notice unless otherwise noted. A late fee of $10 shall be assessed
for each individual registration fee due, and a late fee of $20 for
each individual false alarm fee due, that are not paid within 30 days.
M.
In compliance with Borough of Sea Bright Ordinance No. 1-2015, all
active volunteer first aid squad and fire company members within the
Borough of Sea Bright Fire Department shall be exempt from alarm registration
fees. The alarm administrator shall be provided with a list of same
on the first of January of each year.
A.
The alarm administrator and/or his designee shall notify the alarm
user, in writing, after each false alarm. The notice shall include
either a warning or the amount of the fee for the false alarm.
B.
The alarm administrator and/or his designee shall notify the alarm
user, in writing, 30 days prior to suspension of police response.
A.
If the alarm administrator and/or his designee assesses a fee, suspends
an alarm permit or denies the issuance, renewal or reinstatement of
an alarm permit, the alarm administrator shall send written notice
of the action to the affected applicant, alarm user, alarm installation
company or alarm monitoring company.
B.
The applicant, alarm user, alarm installation company or alarm monitoring company may appeal any action described in Subsection A above to the Chief of Police or designee by setting forth, in writing, the reasons for the appeal and delivering the appeal to the Chief of Police or designee within 20 business days after receipt of notice of the action. Failure to deliver the appeal within that time period is a waiver of the right to appeal.
C.
The procedure for an appeal to the Chief of Police or designee is
as follows:
(1)
The applicant, alarm user, alarm installation company or monitoring
company may file a written request for appeal to the Police Department
setting forth the reasons for the appeal.
(2)
The Chief of Police and/or designee shall consider the evidence submitted
by the appealing party and the alarm administrator and/or his designee.
The Chief of Police and/or designee must base the decision on the
preponderance of evidence and must render a decision within 15 days
of receipt of the written appeal. The decision shall affirm or reverse
the decision or action taken by the alarm administrator.
(3)
Filing of an appeal stays any action by the alarm administrator and/or
his designee to suspend an alarm permit or require the payment of
a fee until the appeal process has been exhausted. This provision
applies only to the action of the alarm administrator that is the
subject of the appeal. This provision does not operate as a bar to
enforcement action on violations of this chapter that occur thereafter.
(4)
The decision of the Chief of Police is final with regard to any appeal.
D.
The alarm administrator or the Chief of Police, or their respective
designees, may adjust the count of false alarms or assessed fees based
on:
(1)
Evidence that a false alarm was caused by action of a communications
services provider (i.e., telephone, cellular, cable company);
(2)
Evidence that a false alarm was caused by a power outage or severe
weather such as a tornado or earthquake;
(3)
Evidence that an alarm dispatch request was not a false alarm;
(4)
The occurrence of multiple alarms within in a twenty-four-hour period,
which may be considered as one false alarm if the alarm user has taken
corrective action unless the false alarms are directly caused by the
alarm user.
E.
The alarm administrator may waive all of a false alarm fee or a partial
part of the fee due to extenuating circumstances or to encourage corrective
action.
F.
On review of fees assessed to an alarm installation company or monitoring
company, the alarm administrator, or, if appealed, Chief of Police,
and/or his designee, may consider whether the alarm installation company
or monitoring company has engaged in a consistent pattern of violations.
A.
On the first suspension of a permit, a person whose alarm permit
has been suspended may obtain reinstatement of the permit by the alarm
administrator if the person:
(1)
Submits a new application and pays a $50 reinstatement fee;
(2)
Pays, or otherwise resolves, all outstanding fees and penalties;
(3)
Submits a written notice from an alarm installation company stating
that the alarm system has been inspected and repaired (if necessary)
by the alarm installation company.
B.
On the second and every subsequent suspension of a permit, reinstatement may be obtained by compliance with Subsection A above and compliance with any of the following conditions that the alarm administrator may require:
(1)
Proof that an employee of the alarm installation company or monitoring
company caused the false alarm.
(2)
Upgrade the alarm control panel to meet SIA Control Panel Standard
CP-01.
(3)
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.
(4)
Confirmation that all motion detectors are properly configured.
(5)
Confirmation that the alarm system requires two independent zones
to trigger before transmitting an alarm signal to the monitoring company.
(6)
Confirmation that the alarm system requires two independent detectors
to trigger before transmitting an alarm signal to the monitoring company.
(7)
Certification that the monitoring company will not make an alarm
dispatch request unless the need for an officer is confirmed by a
listen-in device. This condition does not apply to residential property.
(8)
Certification 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 property.
(9)
Certification 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 is 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 and/or his
designee of that fact.
A.
The Chief of Police and/or his designee may suspend police response
to an alarm site if it is determined that:
(1)
There is a violation of this chapter by the alarm user; and/or
(2)
There is a false statement of a material fact in the application
for a permit; and/or
(3)
The permitted alarm system has generated more than six false alarms
during any permit period; and/or
(4)
The alarm user has failed to pay an alarm permit fee or late fee,
a late renewal fee or any fee assessed under this chapter, more than
30 days after the fee is due. This applies to all classifications
of alarms including burglary, panic, duress, holdup and robbery.
(5)
The police may not respond to any alarm where the alarm site is under
suspension of police response.
B.
Actions made pursuant to this section are not subject to administrative
review.
C.
The Chief of Police and/or his designee may, for good cause shown,
reinstate police response that has been suspended pursuant to this
section.
A.
The Police Department will respond to all "in progress" robbery,
panic or burglar alarms as promptly as possible, taking into account
pending calls for service and any policy establishing priority of
dispatched calls following notification of the receipt of the alarm
from the monitoring company. Police supervisors may cancel police
response to any or all alarms based on weather or other factors effecting
police service needs.
B.
The Chief of Police or designee may reprioritize assignment of burglar
alarms and response time at any time during a twenty-four-hour period
as may be necessary due to the service needs of the community.
All information contained in documents gathered through alarm
registrations, the submission of customer lists and in the alarm appeal
process must be held in confidence by all employees of the alarm administrator
and the Borough of Sea Bright. Such information is proprietary and
is hereby declared confidential and not a public record. Absent special
circumstances, such information must not be released to the public
or any person other than a law enforcement agency, third-party administrator
or the applicable alarm user, alarm installation company or alarm
monitoring company except pursuant to court order.
The issuance of alarm permits or alarm registration is not intended
to nor does it create a contract between the Police Department and/or
the Borough of Sea Bright and any alarm user, alarm installation company
or monitoring company, nor does it create a duty or obligation, either
expressed or implied, on the Police Department to respond to any alarm.
Any and all liability and consequential damage resulting from the
failure of the Police Department to respond to an alarm dispatch request
is hereby disclaimed and full governmental immunity as provided by
law is retained. By applying for an alarm permit, the alarm user acknowledges
that the Police Department response is influenced by the availability
of officers, priority of calls, traffic conditions, weather conditions,
emergency conditions, staffing levels, prior response history and
administrative actions.
The provisions of this chapter are severable. If a court determines
that a word, phrase, clause, sentence, paragraph, subsection, section,
or other provision is invalid or that the application of any part
of the provision to any person or circumstance is invalid, the remaining
provisions and the application of those provisions to other persons
or circumstances are not affected by that decision. Ordinances in
conflict herewith are hereby repealed to the extent of such conflict.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
When violations of the provisions of this chapter exist, the Borough of Sea Bright Police Department reserves the right to issue a summons to said violator. When a penalty is not otherwise provided in this chapter, any person, firm or corporation found guilty in the Municipal Court of violating the terms of this chapter shall be subject to a penalty as provided in § 1-1 of this Code.
