[HISTORY: Adopted by the Township Council of the Township of Springfield by Ord. No. 95-4 (§ 4-18 of the 1994 Code). Amendments noted where
applicable.]
GENERAL REFERENCES
Fees — See Ch. 91.
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 Township police station and/or at the Burlington County Central Dispatch
Center and requiring a response thereto by the Police Department, the Fire
Department or other Township agency.
The provisions of this chapter shall apply to any person who operates,
maintains or owns any location requiring a 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 other offices within or without the Township,
so long as such activity is not connected to the alarm console and/or does
not require a police response, except that any person having premises protected
by an alarm device shall be responsible for the registration thereof, in accordance
with the provisions herein provided.
As used in this chapter, the following terms shall have the meanings
indicated:
The console or control panel of devices giving a visual or audio
response, or both, and located within the confines of the Township police
headquarters, the Burlington County Central Dispatch Center and/or any other
official location recognized by all parties herein.
Any type of alarm system actuating equipment in the alarm console
or Police Department telephone system providing warning of intrusions, fire,
smoke, flood or other peril.
That type of automatic telephone dialing device using the telephone
system to transmit an alarm to the Police Department.
Any alarm device or combination of devices installed for one or more
buildings at a location other than the alarm console.
An alarm system that is wired directly to the alarm console which
will be maintained at the Burlington County Central Dispatch Center or another
location officially recognized by all parties herein.
The activity of maintaining, servicing, repairing, altering, replacing,
moving or installing or causing to be maintained, serviced, repaired, altered,
replaced, moved or installed in or on any building, place or premises any
device designed or used for the detection of unauthorized entry or for alerting
others of the commission of an unlawful act, or both, and the detection of
fire, smoke or any hazards affecting the safety of citizens and/or their property.
An alarm actuated by inadvertence, negligence or an unintentional
or intentional act of someone other than an intruder. This shall include alarms
caused by the malfunctioning of the alarm device or other relevant equipment,
but shall not include alarms created by a malfunction of the alarm console.
Any alarm or device which, when actuated, produces a signal not connected
to the alarm console, such as burglar alarms actuating bell or fire devices.
Any person owning an alarm device or a local alarm within the scope
of this chapter.
A.
Registration required.
(1)
Any person that owns or operates an alarm device or a
local alarm shall make application for the installation, operation and continuance
thereof, in writing, to the Chief of Police of the form provided by the Police
Department.
(2)
All registration information provided by an applicant
shall be confidential and not disclosed to the public in order to ensure the
protection of the public interest.
B.
Permit for connection to police switchboard. No person
shall use, cause or permit to be used any telephone device or telephone attachment
that automatically selects a telephone trunk line of the Police Department
or Central Communications and then reproduces any prerecorded message to report
any robbery, burglary or other emergency or relays by human agency a like
message without first having obtained a written permit from the Chief of Police.
No person shall install, maintain, use or permit to be used any robbery, burglary
or emergency alarm system which automatically or semiautomatically terminates
in any private establishment or telephone answering service and which is relayed
by the recipient of the alarm by a telephone call to the Police Department,
without first having obtained a written permit from the Chief of Police.
C.
Application; conditions for issuance of permit. Application
forms and tie-in instructions shall be in a form prescribed by the Chief of
Police and shall be available in the office of the Police Department. The
application shall contain the following information:
(1)
The type of device.
(2)
The location of the device.
(3)
The names of the installers of the device.
(4)
A list of person to be contacted in the event of an alarm.
(5)
Provisions relating to false alarms and testing procedures.
(6)
Any other information which may be required by the Chief
of Police.
D.
Investigation. The Chief of Police shall cause an investigation
to be made and shall issue the permit if it is found that the system in the
police switchboard or in the Police Department will not jam the switchboard,
constitute a nuisance or otherwise interfere with or hinder the proper operation
of the police work of the Township.
E.
Term of permit; renewal. All permits issued under this chapter shall expire on December 31 of the year in which the permit is granted. Thereafter, the Chief of Police may issue a renewal permit, provided that on or before December 31 a request is made, in writing, for such renewal. There shall be a permit fee as set forth in Chapter 91, Fees, § 91-3A, of this Code.
F.
Suspension or revocation of permit. Any permit issued
under the provisions of this chapter may be suspended or revoked by the Chief
of Police, upon 10 days' written notice by the Chief of Police to the permittee,
under the following conditions:
(1)
The permittee, his/her agents or employees willfully
failed or did not comply with a request by a member of the Police Department
to proceed immediately to the location of the permittee’s alarm and
render necessary service.
(2)
The permittee, his/her agents or employees knowingly
installed or maintained a faulty alarm device. An inordinate number of false
alarms shall be prima facie evidence that such alarm device is knowingly a
faulty device.
(3)
The permittee has breached the terms and conditions of
the permit, has failed to comply with departmental rules or the other provisions
of this Code or the privilege so granted has been abused to the detriment
of the public.
G.
Appeals. Any person aggrieved by the action of the Chief
of Police in denying a permit or in the suspension or revocation of any permit
as provided for by this chapter may appeal to the Township Council by serving
written notice of such appeal upon the Chief of Police and the Township Clerk.
H.
Unregistered alarms.
(1)
In the event that any person has a dial alarm device in existence on June 14, 1995, (s)he shall have 30 days in which to register the device with the Chief of Police. Any person not so complying shall be liable to a penalty payable to the Township as provided for in § 39-11B.
(2)
Any unregistered console-wired alarm may be discontinued
by the Chief of Police, or his/her designated representative, for noncompliance
with this chapter. Any person installing or maintaining unauthorized equipment
shall be prosecuted for violation of this chapter. Each and every day such
equipment is in operation shall be considered a separate violation.
(3)
Upon discovery of the installation of an unregistered alarm device, the Chief of Police shall serve the owner with written notification requiring compliance with the provisions of this chapter. If the owner fails to do so within 30 says of receipt of such notice, (s)he shall then be subject to penalties as provided in § 39-11B.
I.
Conditions of issuance. Upon application, permits shall
be granted subject to the following terms and conditions:
(1)
When required, the applicant shall furnish complete information
and specifications relating to the system to be provided. The information
shall include specific data relating to the service of false alarms and testing
procedures.
(2)
No person other than the applicant or his/her designated
agents and employees shall exercise any privilege granted herein.
(3)
The applicant shall maintain his/her equipment in good
condition and repair and maintain an adequate work force and equipment to
repair, maintain and service such system.
(4)
No permit shall be transferred or assigned in any manner.
(5)
An excessive number of false alarms shall be penalized,
as provided herein, and shall subject the subscriber to disconnection.
(6)
No subscriber shall fail or refuse to respond to a police
summons to deactivate an alarm, whether or not the same is legitimately or
falsely activated and regardless of the type of alarm.
(7)
A permittee, by acceptance of the permit, shall be deemed
to have consented to the inspection of the premises on which the alarm devices
are installed at reasonable hours by the Chief of Police, or his/her designated
representative.
J.
Fees and charges. For alarm devices, the registrant shall
pay whatever charges are required by any alarm company making such installation,
and false alarm charges. The Township shall not be responsible for any related
fees charged the applicant for installation, maintenance or signal transmission.
A.
Dial alarms shall only be coded to dial a special separate
number to be obtained from the Chief of Police. No dial alarm shall be coded
to dial the number of the general police switchboard.
B.
The message shall conform to an approved format on the
application.
C.
The total length of a message shall not exceed 15 seconds.
D.
A message may be received by police headquarters twice,
but not more than three times.
E.
All components of the equipment shall be maintained by
the owner in good repair. When evidence exists that there has been failure
to comply with the operational requirements of this chapter, the Chief of
Police shall demand that such device be disconnected until such time as compliance
with current requirements is reestablished.
All audible alarms shall be equipped with a time relay or battery to
limit the sounding of an alarm to a maximum of 15 minutes or less.
Any permittee utilizing any alarm system shall provide for a repair
service to be on-call at all times. Such service shall be provided within
eight hours of notification to the permittee by the Police Department of any
malfunction of any equipment.
A.
In the case of a false alarm, any person having knowledge thereof shall immediately notify the Police Department in a manner to be prescribed by rules and regulations in accordance with § 39-9. In addition, in the case of false alarms, the Chief of Police shall cause an investigation to be made and shall keep a record of such alarms on file and shall provide the Township Clerk with a copy of each such investigation.
B.
Where the investigation of the Police Department discloses
continued abuse of the privilege of connection to the alarm console and a
disregard by the permittee for taking remedial steps to avoid false alarms,
the Chief of Police shall have the right to require disconnection from the
telephone system or alarm console for a limited or permanent time, conditioned
on 10 days’ written notice by the Chief of Police to the permittee,
provided that no such permit shall be revoked or suspended without giving
the permittee an opportunity to show cause before the Township Council as
to why any such action should not be taken.
C.
The Chief of Police shall have the right to refuse service
on any and all habitual false alarm offenders and to disconnect any malfunctioning
equipment from the alarm console until such time as the malfunction has been
corrected, as well as to refuse response to such habitual false alarm offenders,
and shall regularly report such actions to the Township Council, at least
monthly.
From time to time the Chief of Police may promulgate written rules and
regulations in order to provide for recordkeeping and efficient operation
and management of the system.
A.
Nonliability of Township for maintenance or operation
of equipment. Notwithstanding the payment of any charge and/or the receiving
or issuance of any permit as herein provided, the Police Department and the
Township shall be under no obligation whatsoever concerning the adequacy,
operation or maintenance of the device or devices so installed, and the Township
and its authorized agents hereby assume no liability whatsoever for any failure
of any such equipment, failure to respond to any such alarms or for any act
of omission or commission as a result of any such alarm, device or system.
B.
Assumption of liability by permittee. The applicant or
permittee, upon the acceptance of a permit, hereby agrees to hold and save
harmless the Township, its agents and employees from any liability whatsoever
in connection with any alarm system or the operation of the same.
C.
Release and indemnification of Township. Any applicant
who shall register an alarm device or a local alarm shall be deemed to have
released the Township and any of its employees from any liability or damages
arising from or on account of the use and maintenance of the alarm console
and related activities, and the applicant shall indemnify and hold the Township
harmless from and on account of any and all damages arising therefrom.
A.
Penalties for false alarms. False alarms shall subject
the owner to the following penalties:
(1)
For the first and second false alarm in any twelve-month
period, a warning shall be issued.
(2)
For the third false alarm in any twelve-month period,
a fine of $50 shall be paid to the Township.
(3)
For the fourth or any subsequent false alarms in any
such twelve-month period, a fine of $100 shall be paid to the Township.
B.
Other violations.
(1)
Maximum penalty. For violation of any other provisions
of this chapter, the maximum penalty, upon conviction, shall be a fine not
exceeding $1,000 or imprisonment in the county jail for a term not exceeding
90 days or a period of community service not exceeding 90 days, or such combination
of punishments as the Municipal Judge, in his/her discretion, may deem appropriate
and just.
(2)
Separate violations. Each and every day in which a violation
of any provision of this chapter exists shall constitute a separate violation.
(3)
Application. The maximum penalty stated in this subsection
is not intended to state an appropriate penalty for each and every violation.
Any lesser penalty, including a nominal penalty or no penalty at all, may
be appropriate for a particular case or violation, except in those instances
where state law mandates a minimum penalty to be imposed.
(4)
Minimum penalty. There shall be a minimum penalty of
a fine fixed at an amount not exceeding $100.