[HISTORY: Adopted by the Township Committee of the Township of Mantua 7-26-1988 (Ch. 56 of the 1978 Code). Amendments noted where applicable.]
The purpose of this chapter is to provide standards and regulations for various types of intrusion, burglar, fire and other emergency alarm devices, whether by direct line, radio, telephone or other means, actuating a device at the police headquarters of the Township of Mantua and requiring response thereto by the Police Department, Fire Department or other municipal agencies.
The provisions of this chapter shall apply to any person who operates, maintains or owns any alarm device or local alarm, whether or not connected to the alarm console, designed to summon the police, Fire Department or other municipal agency to any location in response to any type of alarm signal. The terms of this chapter shall in no way prohibit alarm companies from providing service by private source to subscribers within or without the Township of Mantua so long as such activity is not connected to the alarm console; provided, however, that any person having a premises protected by an alarm device which is not connected to the alarm console shall still be responsible for the registration thereof, in accordance with the terms of this chapter, without fee.
As used in this chapter, the following words and phrases shall have the following meanings:
- ALARM CONSOLE
- The console or control panel of devices giving a visual or audio signal, or both, located within the confines of the Police Department of the Township of Mantua.
- ALARM DEVICE
- Any type of alarm system connected to the alarm console providing warning of intrusion, fire, smoke, flood or other peril in locations other than the Police Department, and shall include a digital dialer alarm utilizing telephone lines transmitting an alarm directly to the alarm console.
- ALARM INSTALLATION
- Any alarm device or combination of devices installed for one or more buildings at a location other than the alarm console.
- DESIGNATED REPRESENTATIVE
- A designated member of the Police Department of the Township of Mantua, to carry out the requirements of this chapter.
- FALSE ALARM
- Any alarm actuated by inadvertence, negligence or unintentional act of someone other than an intruder, and alarms caused by malfunctioning of the alarm device or other relevant equipment, but shall not include alarms created by malfunction of the alarm console.
- The person obtaining the license to maintain the alarm console as hereinafter set forth.
- LOCAL ALARM
- Any alarm or device which when actuated produces a signal not connected to the alarm console, such as store burglar alarms actuating bell devices.
- The right to connect a subscriber's alarm device of the alarm console.
- Any person owning an alarm device or local alarm within the scope of this chapter.
- Includes any natural person, partnership, corporation or association.
There is hereby established a police alarm console license which shall be awarded by the Township Committee after receiving applications and the nonbinding recommendation of the Police Committee, as set forth below.
Prequalification. Persons desiring to apply for said license shall make application to the Township Committee, which application shall disclose whatever information may be required by the Township Committee concerning the ability of the proposed applicant to comply with the requirements of this chapter, and shall indicate, in any event, that:
Said prospective applicant has satisfactory financial and personal references indicating his or its ability to comply with the terms of this chapter.
Said prospective applicant has an office in the Township of Mantua or within a fifteen-mile radius thereof with adequate personnel available on a twenty-four-hour basis to service said equipment.
Renewals of said license or award of new licenses should any license be terminated in accordance with the terms of this chapter shall be accomplished by following the procedures of this section, above.
Any licensee shall have exclusive use and control of the alarm console except for use by the Police Department of the Township of Mantua. Such licensee will be responsible, at no cost to the Township, for the establishment, construction and installation of said console containing equipment and being of a design approved by the Township Committee, and for the care, maintenance and operation thereafter of said console. Said licensee will assume all liability and agree to indemnify and save harmless the Township of Mantua, its agents and the Mantua Township Police Department for any acts in conjunction with the operation of said alarm console, and licensee shall furnish annually to the Township Clerk a noncancellable insurance certificate indicating liability coverage in an amount no less than $100,000.
Any connection to the alarm console shall be of a type inspected and approved by the Chief of Police or his designated representative, and any person aggrieved by said decision may appeal said decision in writing within 10 days to the Township Committee. The Township Committee shall affirm or reverse or modify the decision of the Chief of Police after an informal hearing wherein the applicant's grievances are aired. The Township Committee shall decide the appeal within 30 days of receipt of the written notice of appeal. If no decision is rendered within 30 days, the decision of the Chief of Police shall be deemed to be affirmed by the Township Committee.
The licensee shall be permitted to charge each permittee a connection fee at the time of connection to the alarm console and a monthly maintenance fee; provided, however, that those connections existing as of the date of this chapter shall not be charged an additional connection fee.
No fees shall be charged to the Township of Mantua or the Board of Education of the Township of Mantua or any future systems in public buildings.
The licensee shall install initially an annunciator or display console having no fewer than 250 zones available for present systems and future connections, and shall have the capability of accepting dial alarm devices to the console, and the alarm panel shall be capable of an audible sound for intrusion, fire and equipment failure, as well as a visible and/or printout of the alarm and type of alarm.
The licensee shall provide and install transmission devices to any municipality now or in the future contracting with Mantua Township for communications, which municipality desires the same to be installed for the purpose of transmitting its alarms to the Mantua Township Communications Center subject to all the sections of this chapter.
Except as provided in Subsection I below, any license issued hereunder shall be for a term of five years from the date of issuance by the Township Committee. Such licensee shall post with the Township Clerk a noncancellable performance bond with surety acceptable to the Township Committee in the amount of $5,000 guaranteeing the performance of the licensee hereunder for five years, and guaranteeing adequate maintenance of the alarm console during said period.
The license shall only be subject to termination prior to the expiration of the five-year term for cause, after 30 days' written notice to the licensee and opportunity for a hearing, such hearing to be held upon written request of the licensee.
Any and all permits may be revoked by the Township Committee upon 30 days' written notice to the permittee, and opportunity for a hearing, such hearing to be held upon written request by the permittee.
Any person, firm or corporation which owns, maintains or operates an alarm device or a local alarm shall make application for the continuance thereof in writing to the Chief of Police, which application shall contain at least the location of the device, the name of the installer of said device, the type of device, provisions relating to false alarms and testing procedures, a list of persons to be contacted in the event of an alarm and such other information as may be required by the Chief of Police.
Local alarms shall be registered but no fee shall be charged therefor.
Should any permitted fee hereunder be delinquent for 30 days, the licensee and/or the Township shall be entitled, on 10 days' written notice to the permittee, to disconnect the permittee's line from the alarm console. The Chief of Police shall be notified prior to any disconnection under this section.
Any permit granted hereunder shall be accepted upon the express condition that the permittee shall indemnify and hold the Township of Mantua harmless from and on account of any and all damages arising out of the activities of the permittee, its contractor or the alarm console licensee of the Township of Mantua.
The Township of Mantua shall be under no duty or obligation to any permittee hereunder or to any alarm console licensee hereunder, except as provided by this chapter.
Digital alarm devices connected to the alarm console shall require a permit and shall be subject to the same charges by the licensee, as set out in § 102-5.
All alarm devices servicing premises not located in Mantua Township or not located in municipalities contracting for communication services with Mantua Township, connected to the alarm console, shall be subject to charges as set out in § 102-5, and in addition thereto, a charge of $75 per year shall be payable to the Township of Mantua by the permittee for such device. Permittees for equipment type alarm devices shall pay $75 per year to Mantua Township in addition to the charges specified in § 102-5. Moneys due under this section are due and payable as of January 15 of each year.
All municipalities contracting with Mantua Township for communications services shall be permitted to connect to the alarm console subject to the provisions of this chapter.
Any licensee for the alarm console and any permittee utilizing the services of any other alarm company connected to said console shall specify in writing to the Chief of Police the name and address of a representative on call at all times. Repair and/or maintenance service shall be provided within eight hours of notification to such representative by the Police Department of any malfunction of any equipment for which said service representative is responsible.
In the case of a false alarm, any person having knowledge thereof shall immediately notify the Mantua Township Police Department in a manner to be prescribed by rules and regulations in accordance with § 102-9 of this chapter. In addition, in the case of false alarms, the Chief of Police shall cause an investigation to be made and keep a record of said alarms on file. For such false alarms, there shall be assessed the following penalties; for two false alarms within a thirty-day period or six false alarms in any given calendar year, a fine of $25 per false alarm shall be paid to the Township of Mantua. Where the investigation of the Police Department discloses continued abuse of the privilege of connection to the alarm console and/or a refusal by the permittee to implement such remedial action to prevent future false alarms, the Township Committee reserves the right to disconnect that permittee's alarm device or dial alarm from the alarm console for a limited or permanent time, provided that no such permit shall be revoked or suspended without giving the permittee an opportunity to show cause before the Township Committee why such action should not be taken.
Any unauthorized equipment may be disconnected from the alarm console by the licensee or his designated representative 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 Mantua Township Chief of Police or his designated representative.
The Township Committee may, from time to time, promulgate rules and regulations supplementing this chapter in order to provide for recordkeeping and efficient management of said system; provided, however, that the Township Committee must first approve said rules or any changes thereto.
Any person, entity or corporation who or which violates any provision of this chapter shall, upon conviction thereof, be punishable by one or more of the following: imprisonment in the county jail or any place provided by the municipality for the detention of prisoners for a term up to but not exceeding 90 days or by a fine of not less than $100 and not more than $2,000 or by a period of community service up to but not exceeding 90 days, or any combination of the above.
Each day that a violation exists, occurs or continues shall constitute a separate offense for the purpose of imposing the penalties referred to above.