[HISTORY: Adopted by the Mayor and Council of the Borough of Chatham 12-26-1979
by Ord. No. 15-79 (Ch. 110 of the 1975 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Noise from alarms — See Ch. 184, § 184-8B(5).
For the purposes of this chapter, certain phrases and words are herein
defined as follows:
A private alarm system which automatically alerts a person beyond
the limits of the property served who is engaged in the business of relaying
information by telephone, or otherwise, to the Chatham Borough Police Department.
[Added 5-29-2007 by Ord. No. 07-19]
Activation of an alarm system causing the police or other emergency
unit to respond, the cause of which was not fire, smoke or similar hazard,
an emergency, an unauthorized entry, the commission of an unlawful act, or
caused by a specific condition or occurrence clearly beyond the control of
the permittee or his agents.
A private alarm system which provides direct connection by a telephone
lease line from a specific location to the Chatham Borough police command
desk with a visual or audio signal.
Any person to whom a permit has been issued under this chapter.
Any natural person, partnership, corporation, association or other
legal entity.
Any system installed to serve an improved property, store, building
or other facility and designed or used for the detection of fire, smoke or
similar hazards, for the detection of an unauthorized entry or the commission
of any unlawful act or for the reporting of any emergency, which system communicates
or causes the communication of information to the Chatham Borough Police Department.
A private alarm system which automatically selects a telephone trunk
line of the Chatham Borough Police Department and then reproduces a prerecorded
message.[1]
A private alarm system which is designed to sound an alarm by a bell,
horn, siren or other noisemaking instrument located upon the property where
the system is installed and audible beyond the limits of the property. For
the purpose of this chapter, the sounding of any of the aforementioned instruments
shall be considered a communication to the Chatham Borough Police Department.
[1]
Editor's Note: The former definition of "telephone call system," which
immediately followed, was repealed 5-29-2007 by Ord. No. 07-19.
No person shall install, maintain or use, or cause to be installed,
maintained or used, or allow on any premises owned or occupied by him for
the installation, maintenance or use of any private alarm system, as defined
in this chapter, except pursuant to a private alarm system permit issued by
the Chief of Police, the terms of this chapter and such regulations as may
be issued pursuant hereto.
Private alarm system permits shall be issued by the Chief of Police
on an annual basis upon written application of the permittee on forms supplied
by the Police Department and payment of the applicable fee. Each application
shall include at least the following information: the name, address and telephone
number of the permittee-applicant, the address and telephone number of the
premises where the alarm is to be located, the type of alarm system, the business
and home addresses and telephone numbers of at least two individuals who have
agreed to be responsible in case of an emergency or otherwise relating to
the premises or the alarm system, and the name, address, business and emergency
telephone number of the individual or company responsible for and authorized
at the permittee's expense to service the system upon request of the
Police Department. Except where a permit is or has been suspended, permits
hereunder shall be issued automatically, as long as the applicant and the
system are in compliance with this chapter and such regulations as may be
issued pursuant hereto; provided, however, that the Chief of Police may impose
reasonable conditions on any permit where, in his judgment, each condition
is reasonably required for the proper function of the alarm system or the
safety and convenience of the police, other possibly responding emergency
units or the public.
A.
All permits shall expire on December 31 of each year,
and only the following types of private alarm systems shall be permitted,
subject to payment of the fees indicated:
[Amended 8-10-1992 by Ord. No. 7-92; 5-29-2007
by Ord. No. 07-19]
|
Type
|
Fee
| |
|---|---|---|
|
Central Station
|
$25
| |
|
Lease line
|
$75
| |
|
Tape dialer
|
$50
| |
|
Warning device
|
$25
|
B.
All fees are for one year, or any part thereof, except
that the fee for a lease line system not to be in operation before July 1
of any year shall be $30.
[Amended 8-10-1992 by Ord. No. 7-92]
A.
All alarm devices shall be installed in accordance with
all applicable municipal and governmental laws, ordinances and requirements.
B.
Any unauthorized equipment may be disconnected by the
Chief of Police or his designated representative for noncompliance with this
chapter; any person installing, maintaining or using unauthorized equipment
shall be prosecuted for violation of this chapter; and each and every day
said equipment is in use shall be considered a separate violation.
C.
A permittee or his representative shall respond to the
source of a signal or transmission from an alarm device as promptly as possible
after the activation of such device and shall contact the Police or Fire Department
dispatched to the scene. He shall relieve the police or fireman in charge
whenever there is no apparent fire or criminal activity at the scene of the
alarm.
D.
Any permittee shall be deemed to have consented to inspection
of the premises on which said alarm device is installed, at reasonable hours,
by the Police or Fire Chief or his designated representative. This provision
shall not be construed to impose a duty on the municipality to make inspections
or to relieve the alarm owner from inspecting, testing and maintaining his
own alarm device(s).
E.
All costs and recurring charges incurred in the installation
and maintenance of alarm systems shall be borne by the permittee.
F.
All private alarm systems shall be maintained in good
working order by the permittee and, in particular, in a manner so as to avoid
the occurrence of false alarms. The occurrence of three false alarms in one
calendar month or one or more false alarms in each of three consecutive calendar
months shall constitute prima facie evidence that the system was not maintained
in good working order.
The Chief of Police is authorized and empowered to issue such regulations
as he may deem reasonably necessary to carry out the purposes of this chapter,
ensure the proper function of private alarm systems and provide for the safety
and convenience of the police, other possible responding emergency units and
the public. Such regulations shall be in writing and shall be given to each
permittee at the time of issuance or renewal of his permit or at the time
of the promulgation or amendment thereof.
The Chief of Police is hereby authorized to suspend any permit issued
pursuant to this chapter for failure of the permittee to comply with this
chapter, any regulation issued pursuant hereto or any condition of his permit.
Such suspension shall be effective when written notice thereof is personally
delivered to any individual whose name has been furnished by the permittee
on his application or when such notice has been posted in a conspicuous place
on the premises where the alarm system is located and a copy thereof mailed
to the permittee at the address given on his application. When a permit has
been suspended, the private alarm system shall not be operated unless and
until the permit has been restored as evidenced by written notice from the
Chief of Police or the Borough Council.
[Added 8-10-1992 by Ord. No. 7-92]
A.
The holder of any permit, except in the case of a permit
issued for a publicly owned building, shall be assessed a service fee for
each false alarm in excess of five occurring in any one calendar year. The
service fee shall be as follows:
B.
The Chief of Police shall fix such assessments and notify
the permittee. They shall be paid to the Borough of Chatham within 30 days
of service of written notice upon the permittee of the assessment of the fees.
The written notice shall state the date and time of each false alarm attributable
to the permittee which forms the basis for the assessment.
Any person aggrieved by a regulation, condition attached to a permit,
suspension of a permit or failure to issue a permit may appeal to the Borough
Council. An appeal shall be taken by filing a written statement with the Borough
Administrator, which statement shall set forth fully the matter under appeal
and the grounds for appeal. The Borough Council shall then set a time and
place for hearing of the appeal, notify the appellant, conduct the hearing
and affirm, modify or reverse the matter appealed. The Borough Council shall
have the right, however, to refuse to hear or decide any appeal which has
not been filed within 14 days after the appellant had notice of the matter
as to which the appeal has been taken.
A.
Notwithstanding the issuance of any permit, the Borough
assumes no obligation to allow a particular private alarm system or type of
private alarm system beyond December 31 of any year if the Borough Council
shall find that it is not in the public interest so to do.
B.
Neither the Borough nor its agents or employees assume
any obligation whatsoever concerning the adequacy, operation or maintenance
of any private alarm system. Neither the Borough nor its agents or employees
assume any liability whatsoever for any failure of any private alarm system,
failure to respond to any such alarm system or for any act of omission or
commission relating to any such alarm system.
C.
The permittee, upon acceptance of his permit by that
action, agrees to hold and save harmless the Borough, its agents and employees
from any liability whatsoever in connection with his alarm system or the operation
of the same.
