[HISTORY: Adopted by the Township Council
of the Township of Burlington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-9-1996 (Sec. 14:17 of the 1975 General Ordinances)]
In the case of a false alarm, the Fire Official
may investigate same or it shall be investigated by the Fire District
and a record made of said investigation and forwarded to the Fire
Official within 72 hours for the appropriate action. If the investigation
discloses that the false alarm was not the result of a reasonably
unforeseeable and unpreventable outside cause but resulted from causes
such as misuse, accident, improper supervision or equipment malfunction,
the Fire Official shall provide written notice of a false alarm to
the owner, order corrective measures and file a complaint pursuant
to this article. This article shall be enforced by the local enforcing
agency in the same manner as other violations under the Uniform Fire
Code.
[Amended 4-22-2014 by Ord. No. 14-OR-006]
In addition to any other penalties issued pursuant
to state law or regulations for improper installation or maintenance,
the occurrence of a false alarm shall subject the owner to the penalties
as set forth below:
A.
For the first and second false alarm offense in any
calendar year, a written warning.
B.
For the third false alarm offense in any calendar
year, a penalty not to exceed $100.
C.
For the fourth false alarm offense in a calendar year,
a penalty not to exceed $150.
D.
For the fifth false alarm offense in a calendar year,
a penalty not to exceed $200.
E.
For the sixth and subsequent false alarm offenses
in a calendar year, a penalty not to exceed $250.
[Added 2-26-2008 by Ord. No. 08-OR-004]
The owner and/or tenant of the property shall be responsible for any penalties issued in accordance with § 108-2 set forth above. In the event the penalties are not satisfied by the owner and/or tenant of the property within 60 days of the date of the notice from the Township to the owner and/or tenant of the property, said penalties shall be certified by the local enforcement agency to the Tax Collector of the Township of Burlington and shall forthwith become a lien upon the property in question and shall be added and become part of the taxes next to be assessed and levied upon such property, the same to bear interest at the same rate as other taxes, and shall be collected and enforced by the same officers in the same manners as taxes.
[Adopted 8-23-2005 by Ord. No. 05-OR-022 (Sec. 14:13 of the 1975 General Ordinances)]
As used in this article, the following terms
shall have the meanings indicated:
Any device employed to call attention to or provide warning
of intrusion by any person, whether the same provides a visual or
audio response, alarm or warning. The term "alarm system" shall not
include:
Concealed battery- or electrically-powered smoke
detector or carbon monoxide detector units located within single-family
residences and which give out an audible signal;
Automobile alarm systems; or
An alarm designed to alert only the inhabitants
of a premises that does not have a sounding device which can be heard
on the exterior of the alarm site.
An alarm station that transmits the alarm to an alarm processing
center, which then calls to dispatch the Police and/or the Fire District.
[Amended 10-27-2009 by Ord. No. 09-OR-025]
An alarm device using telephone or other lines, which transmits
an alarm signal of intrusion to the Burlington Township Police Department.
Any alarm or signal activated or transmitted by inadvertent,
negligent, unintentional or intentional act or omission of a person
(caused or transmitted other than by an intruder), and shall also
include alarms caused by malfunctioning of the alarm device or other
related equipment. False alarms shall not include:
Activation caused by power- or phone-line interruptions
when such interruptions have been reported to the Burlington Township
Police Department Communications Center;
An alarm which is cancelled by the owner-registrant
or agent prior to the time the responding police officer is dispatched
to the alarm site; and
When the responding police officer finds evidence
of criminal offense or attempted criminal offense or calamity, such
as fire damage by natural elements.
Any alarm device or local alarm located within the Township
of Burlington, which when activated produces an audible or visual
signal (such as, but not limited to, burglar alarm activating bell
devices). It shall not include motor vehicle anti-theft alarms.
A.
The provisions of this section shall not apply to
any alarm system installed on the property owned or occupied by any
Township, county, state or federal government agency or office or
to any alarm device having only an indoor audible or visual/flashing
system and which are not dial alarm devices.
B.
Alarm devices having an audible alarm installed out of doors shall be designed to limit the operation of a bell or sound-producing instrument to a maximum of 20 minutes after activation. If the duration of an outside activated audible alarm exceeds 20 minutes, the warnings and penalties provided by § 108-7 of this article shall apply as though a false alarm has been activated.
The provisions of this article shall apply to any person who owns, operates, leases or maintains any type of alarm or alarm system, as defined in § 108-4. The provisions of this article shall in no way prohibit service by a private source to persons within or without the Township, so long as such operating, leasing or maintaining of premises protected by an alarm system shall be in accordance with this article.
A.
False alarm. It shall be unlawful for any person to
cause, allow or activate a false alarm, as defined in this article.
In case of a false alarm, any person and any registrant who violates
this article shall each be subject to the provisions of this article.
In case of a false alarm, any person having knowledge of the false
alarm shall immediately notify the Burlington Township Police Department.
The Burlington Township Police Department shall be responsible for
enforcing this article.
B.
Rule-making authority. The Township Council may from
time to time promulgate rules and regulations supplementing this section
in order to provide for recordkeeping and efficient management of
the system.
A.
For the first two false alarms in any one calendar
year, no penalty will be assessed.
B.
For the third and subsequent false alarms in any one
calendar year, a fine not to exceed $50 for each occurrence shall
be paid to the Township of Burlington. An advisory letter listing
the dates of each false alarm responded to in the calendar year will
accompany the fine.
C.
The fine is due and payable within 30 days following
the date on the advisory letter. If not paid within 30 days, the person
or entity responsible for the fine may be found in violation of this
article.
[Amended 9-23-2008 by Ord. No. 08-OR-025]
Any person, firm or corporation violating the
provision of this article upon conviction shall be subject to a fine
not exceeding $2,000, imprisonment for a term not exceeding 90 days
or a period of community service not exceeding 90 days, or any combination
thereof; and each day a violation of these provisions exists shall
be deemed a separate action of the provisions of this article.
