[HISTORY: Adopted by the Township Committee of the Township of Andover by Ord. No. 89-40; amended by Ord. No. 97-5 (§ 6-28 of the 1973 Code). Amendments noted where applicable.]
The purpose of this chapter is to provide standards and regulations for various types of intrusion, security and fire emergency alarm devices within the Township of Andover.
The provisions of this chapter shall apply to any person who operates, maintains, has control over, or owns any alarm device designed to summon police or fire or other emergency personnel to any location in response to an alarm signal. The terms of this chapter shall in no way prohibit alarm companies from providing service by private source to other offices or premises within the Township of Andover, except, however, that any person having a premises protected by an alarm device shall still be responsible for the registration thereof in accordance with §§ 7-4 and 7-5.
As used in this chapter, the following terms shall have the meanings indicated:
- ALARM DEVICE
- Any type of alarm system providing warning of intrusion, fire, flood, or like peril or emergency.
- ALARM INSTALLATION
- Any alarm device or combination of alarm devices installed for one or more buildings at any location.
- DIAL ALARM DEVICE
- That type of device using telephone or other lines which transmits an alarm signal or signals directly through or to the Police Department switchboard.
- FALSE ALARM
- Any alarm activated by inadvertent, negligent, unintentional or intentional act or omission of a person, other than an intruder or by fire, and shall also include alarms caused by malfunctioning of the alarm device or other related equipment.
- LOCAL ALARM
- Any alarm or device which when activated produces an audible or visual signal (such as, but not limited to, store burglar alarms activating bell devices). It shall not include motor vehicle anti-theft alarms.
- Any person owning or leasing or having control over an alarm device or a local alarm within the scope of this chapter, including but not limited to the owner or tenant of a premises or building or other structure.
- Any natural person, partnership, corporation, association or other entity.
- POLICE DEPARTMENT
- The Andover Township Police Department, or any other law enforcement agency exercising lawful jurisdiction.
It shall be unlawful for any person to have control over, or to operate, or to install or maintain an alarm device within the Township of Andover without first registering said use with the Police Department in accordance with this chapter.
Every user of an alarm device, shall by January 1, 1990, submit to the Police Department an application for a permit. Information must be kept current, and the permittee must notify the Police Department in writing of any changes of the information listed on the registration form within no more than 30 days following the applicable change.
Any person who owns, installs, maintains, or operates or has control over an alarm device or a local alarm shall make application for an alarm user permit in writing to the Chief of Police which application shall contain:
The full name and address of the applicant, including a complete physical address and property description which will permit the appropriate municipal department to respond to the alarm.
The exact location of each alarm device.
Name and address of person installing, maintaining and/or owning the system.
The type of device, including what provisions have been made relating to false alarms and testing provisions.
A list of persons and their telephone numbers who may be contacted in the event of an alarm, and at least one other person who is authorized to receive notification of an alarm call and who is authorized to enter upon the premises in which the alarm system is located.
Any additional relevant information as may be reasonably required by the Chief of Police.
Where an investigation of the Police Department discloses or concludes that there has occurred continued abuse of a dial alarm and a disregard by the permittee for taking remedial steps to avoid false alarms, the Chief of Police shall have the right to require that dial alarms not dial the switchboard at police headquarters for a limited or permanent time. However, no such permit or registration shall be revoked or suspended without giving the permittee an opportunity to show cause before the Chief of Police why such an action should not be taken.
Any unauthorized equipment shall be disconnected by order to the Chief of Police for noncompliance with this chapter. 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 to have consented to inspection of the premises on which said alarm devices are installed at reasonable hours by the Chief of Police or his designee.
The provisions of this chapter shall not apply to any alarm system installed on the property occupied by the Township, county, state or federal government agency or office, or to any self-contained smoke detection device, carbon monoxide, flood, or other security device having only an indoor audible or visual alarm system which is not audible except inside the premises wherein the alarm device is located or installed.
All local alarms with outdoor audible signals shall be registered, as provided in this chapter.
Local 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 activated audible device of a local alarm exceeds 20 minutes, the warnings and penalties provided by Subsection D of this section shall apply as though a false alarm had been activated.
In case of a false alarm any person having knowledge thereof shall immediately notify police headquarters. 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 false alarms on file. In the event of a false alarm, the following penalties shall be imposed upon the person or persons having control over the alarm device, or who caused or allowed the false alarm to occur, or both:
For the first, second and third false alarms in any given calendar year, a warning shall be issued. However, for a first, second and third false fire alarm in any given year there shall be imposed a civil penalty of at least $25 and no more than $250.
For the fourth false alarm in the same calendar year, a civil penalty of $25 shall be paid to the Township of Andover, except that a civil penalty for a fourth false fire alarm shall be $250.
For the fifth and subsequent false alarms in the same calendar year, a civil penalty no less than $250 nor more than $1,000 for each occurrence shall be paid to the Township of Andover accompanied with an advisory letter from a licensed alarm company, dated within 30 days of the date of the false alarm, stating that the system is operating properly. If the person fails to provide written proof that the alarm system is operating properly, as provided above, a civil penalty may be imposed up to a maximum of $1,000 in the court's discretion. However, the civil penalty for a fifth false fire alarm in the same calendar year shall be $1,000 notwithstanding any language herein to the contrary.
The Township of Andover shall be under no duty or obligation to any permittee. Any individual permit issued hereunder may be revoked at any time by the Township Committee upon recommendation of the Chief of Police, provided that 30 days' notice is given in writing to said permittee to the permittee's last known address.
A condition precedent to the issuance of a permit pursuant to this chapter shall be the obligation of each permittee and the alarm contractor of such permittee to agree in writing to indemnify and save harmless the Township of Andover, its agents, servants, and employees, including but not limited to members of the Police Department, any and all responding fire departments, any and all responding emergency or rescue squads, from and on account of any and all damages arising from or as a result of any and all phases of the operation of any such permittee or alarm contractor. Additionally, it shall be a further condition precedent to the issuance of a permit that each permittee agree in writing to indemnify and save harmless the Township of Andover, its agents, servants and employees, including the members of the Police Department, any and all responding fire departments, any and all responding emergency or rescue squads, from and on account of any and all damages arising from or sustained as a result of any forced entry by police personnel onto the premises during alarm response.
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.
All permits shall expire on December 31 of each year. Renewal permits will be issued effective and only upon submission of a new application and payment of the annual maintenance fee.
The following maintenance charges shall be in effect from the effective date of this chapter and shall apply for one calendar year or any part thereof. On December 31 of each year the annual maintenance fees shall become due immediately, or the alarm device shall be disconnected. All fees shall be payable to the Township of Andover:
[Amended 9-10-2007 by Ord. No. 2007-16]
Any person, firm or corporation who violates the terms of this chapter shall be subject to a fine of up to $2,000, or not more than 90 days in jail, or both, or by a period of community service not exceeding 90 days.