[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:
Any type of alarm system providing warning of intrusion, fire, flood,
or like peril or emergency.
Any alarm device or combination of alarm devices installed for one
or more buildings at any location.
That type of device using telephone or other lines which transmits
an alarm signal or signals directly through or to the Police Department switchboard.
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.
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.
The Andover Township Police Department, or any other law enforcement
agency exercising lawful jurisdiction.
A.
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.
B.
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:
A.
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.
B.
The exact location of each alarm device.
C.
Name and address of person installing, maintaining and/or
owning the system.
D.
The type of device, including what provisions have been
made relating to false alarms and testing provisions.
E.
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.
F.
Any additional relevant information as may be reasonably
required by the Chief of Police.
B.
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.
C.
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.
A.
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.
B.
All local alarms with outdoor audible signals shall be
registered, as provided in this chapter.
C.
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.
D.
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:
(1)
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.
(2)
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.
(3)
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.
A.
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.
B.
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.
A.
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.
B.
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.
