[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette.
Amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings indicated:
Any device designed to produce or emit an audio, visual or electronic
signal indicating an alarm condition and warning of intrusion by a person
or indicating the presence of fire, smoke, flood, or other emergency or peril,
for the purpose of alerting others to the existence of an emergency situation
requiring immediate response and/or investigation by alarm, police, fire or
other agent.
The actuation of an alarm system by causes other than those to which
the alarm system was designated or intended to respond.
Any individual, person, firm, association, partnership, corporation,
joint venture, society, club, trustee, trust or incorporated activity or other
entity, whether comprised of an individual or group of individuals.
Any person owning, operating, leasing or maintaining an alarm system
within the scope of this chapter, who has been issued a registration certificate
to operate or maintain such alarm system.
A.
Any person who desires to own, operate, lease or maintain
an alarm system shall file a registration application on a form provided by
the Lavallette Police Department. The application shall contain the following
information:
(1)
The location of the alarm system;
(2)
The installer's name and address;
(3)
The type of device;
(4)
A list of names, addresses and telephone numbers of persons
to be contacted in the event of an alarm, at least one of whom shall have
an address and phone number different from that of the registrant;
(5)
Further information may be requested by the Police Department
should it be determined that the same is necessary to fulfill the requirements
of this chapter and for the health, safety and welfare of the Borough of Lavallette.
B.
It shall be the obligation of the registrant to file
a written amendment with the Police Department within 10 days of any change
of information contained in the registration statement.
C.
No fee shall be charged to any person filing a registration
application or amendment thereto.
The provisions of this chapter shall apply to any person who owns, operates,
leases or maintains any alarm system in the municipality if the alarm system
is equipped with an audible signaling device or other mechanism calling for
a response by the Police Department, Fire Department, First Aid Squad or other
municipal agency. The provisions of this chapter shall not prohibit service
by a private source to persons within the municipality provided such activity
is not in violation of this chapter and provided further that any person owning,
operating, leasing or maintaining premises protected by an alarm system shall
be responsible for the registration thereof in accordance with this chapter.
A.
All components of an alarm system shall be maintained
in good repair and shall operate in the intended manner. Failure to comply
with the maintenance and operation requirements of this chapter may result
in the ordering that such alarm system be disconnected until such time as
compliance with the provisions of this chapter has been established.
B.
The Police Department is hereby authorized to enforce
all provisions of this chapter. The Police Department shall have the right
to disconnect any malfunctioning equipment from any alarm system until such
time as the malfunction has been corrected, and the alarm system is operating
in accordance with the provisions of this chapter.
All audible signaling devices shall be equipped with a timing device
to limit the sounding of the signaling device to 15 minutes or less; provided,
however, that the device may be capable of automatically recycling for not
more than one period having a duration of 15 minutes or less.
A.
The Police Department shall cause an investigation to
be made of all false alarms and of all improper maintenance or operation of
alarm systems and shall keep a record of such false alarms on file.
B.
Any person who owns or controls an alarm system which
causes four false alarms in any calendar year shall be deemed in violation
of the provisions of this chapter for each false alarm thereafter.
C.
Where an investigation by the Police Department and review
of false alarm records discloses a pattern of false alarm violations, that
being in excess of four in one calendar year, due to failure of the owner
of said system to take remedial steps to avoid false alarms or for continued
failure to maintain or operate an alarm system, the Police Department shall
have the right to require disconnection of the alarm system. Said disconnection
may be for a limited or permanent time. The owner of said disconnected system
shall have an opportunity to show cause to the Police Department why such
disconnection should not be taken upon notice of the impending disconnection
by the Police Department to the owner. A party aggrieved by the decision of
the Police Department shall have the right to appeal to the governing body
within 10 days of the decision.
D.
Any unauthorized equipment pertaining to the alarm system
may be ordered to be disconnected by the Police Department for noncompliance
with this chapter. Any placing, installing or maintaining of unauthorized
equipment or failing to file a required registration application or amendment
thereto shall be in violation of this chapter. Any person placing, installing
or maintaining any alarm system shall be deemed as having consented to an
inspection of the premises on which said alarm system is installed or maintained
at reasonable hours by the Police Department
E.
An act of God, such as a flood, hurricane, earthquake
or an electrical power outage, which affects the operation and performance
of an approved alarm system shall, after such determination by the Police
Department, not subject the owner, operator or lessee to any fine or penalty.
No person shall conduct any test or demonstration of any alarm without
having first obtained approval from the Lavallette Police Department.
Any person, firm or corporation that shall be convicted of a violation
of a provision of this chapter shall, upon conviction thereof by any court
authorized by law to hear and determine the matter, be subject to a fine of
no less than $100 and no more than $1,000, by imprisonment not to exceed 90
days or by community service of not more than 90 days, or any combination
of fine, imprisonment and community service, as such court in its discretion
may impose. Each day that such violation exists shall constitute a separate
offense.
