5-1.3 Definitions.

As used in this section.

Alarm console shall mean the console or control panel of devices giving a visual or audio response, or both, and located within the confines of the Police Headquarters of the Borough of Tinton Falls.

Alarm system shall mean any console alarm, dial alarm or local alarm.

Audible signaling device shall mean any device, such as a bell, siren, whistle, horn, gong, Klaxon, etc., employed to call attention and which may be heard beyond the limits of the property concerned.

Console alarm shall mean any type of alarm device actuating equipment in the alarm console providing warning of intrusion, fire, smoke, flood or other peril.

Designated representative shall mean limited to a member of the Police Department of the Borough of Tinton Falls.

The "Designated Representative" may also function as the Alarm System Inspector.

Dial alarm shall mean that type of automatic telephone dialing device using the telephone system to transmit an alarm of intrusion, fire, smoke, floor or other peril to the Police Department.

False alarm shall mean any alarm activated by inadvertence, negligence or the unintentional act of someone other than an intruder, and includes, as well, alarms caused by the malfunctioning of the alarm device or other relevant equipment, but shall not include alarms created by the malfunctioning of the alarm console.

Licensee shall mean the person obtaining the license to maintain the alarm console, as hereinafter set forth.

Local alarm shall mean any alarm device which when actuated produces an audible signal to give a warning of intrusion, fire, smoke, flood or other peril.

Permittee shall mean any person owning or operating an alarm system within the scope of this chapter who has been issued a permit to operate said system.

(1982 Code §61-3; Ord. #542)

5-1.4 Alarm Console License.

a. There is hereby established a police alarm console license which shall be granted only after advertisement for competitive, sealed bids as required by the Local Public Contracts Law. Any such licensee shall have exclusive use and control of the alarm console, except for the use by the Borough of Tinton Falls, and such licensee will be responsible, at no cost to the Borough, for the establishment, construction and installation of the console containing equipment and being of a design approved by the Chief of Police or his designated representative and for the care, maintenance and management thereafter of the console. The licensee shall locate the console and relocate the console, if necessary, under the supervision of the Chief of Police or the designated representative at no cost to the Borough. For any such license granted hereunder, the licensee will assume all liability and agree to indemnify and save harmless the Borough of Tinton Falls, its agents and the Tinton Falls Police Department for any acts in conjunction therewith.

b. Except as provided in subsection 5-1.7, any license hereafter issued or renewed shall be for a term of three (3) years from the date of award of the license by the Borough, unless sooner terminated pursuant to sub-section 5-1.7.

c. The licensee for the police alarm console shall be permitted to charge subscribers for installation and/or maintenance of the alarm console connection. The fee to be charged will be determined by applicable bidding procedures set forth in the Local Public Contracts Law. The licensee's fees to subscribers, as determined by the Borough Council under applicable bidding procedures, shall be fixed for the term of the license and shall be uniform to all subscribers. No fee, however, shall be charged for any connections to municipal-owned property of the Borough of Tinton Falls for any existing or future alarm console connections.

(1982 Code §61-3; Ord. #542)

5-1.5 Award of Alarm Console License.

The alarm console license, as provided for herein, shall be awarded by the Borough Council only after advertisement for competitive sealed bids, as required by the Local Public Contracts Law (1982 Code §61-5; Ord. #542)

5-1.6 Registration and Permits.

a. Any person, firm or corporation that desires to own or operate an alarm system shall make application in writing to the Chief of Police or the designated representative on the form provided by the Police Department, which application shall contain at least the location of the alarm system, the name of the installer of the 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 other information as may be required by the Chief of Police or his designated representative.

b. Local alarms shall be registered, but no fee shall be charged therefor.

c. For console alarms the registrant shall pay whatever charges are required by any alarm company making such installation and, in addition thereto, such charges, as hereinabove provided for, to the licensee for the alarm control panel and the circuit rental charges to the telephone company, as may be necessary and as may be determined under subsection 5-1.4c.

d. Any registration permitted hereunder be accepted upon the express condition that the registrant shall indemnify and hold the Borough harmless from and on account of any and all damages arising out of the activities.

e. For each dial alarm the owner or operator shall pay to the Borough an annual fee of ten ($10.00) dollars to cover the costs of the special phone line or lines required in Borough Hall, necessitated by these systems.

f. The Chief of Police or the designated representative shall issue a permit for the operation of an alarm system if the Chief or the designated representative is satisfied that the registration information is complete and that the alarm system will be operated in conformance with this section. The permit may be granted, subject to any special conditions stated thereon, if necessary.

(1982 Code §61-6; Ord. #542)

5-1.7 Limitation of Borough Obligations.

The Borough shall be under no duty or obligation to any permittee here-under or to any alarm console licensee hereunder, the alarm console and allied equipment being maintained at will and subject to termination at any time by cancellation of the system by resolution duly adopted by the Borough Council and any individual permit issued hereunder may be revoked at any time by the Borough Council upon the recommendation of the Chief of Police, provided that thirty (30) days' notice is given in writing to the permittee. (1982 Code §61-7; Ord. #542)

5-1.8 General Regulations.

a. Dial Alarms.

1. A dial alarm is any alarm device which, when activated automatically or electronically, selects a telephone line, dials the special telephone number at police headquarters and delivers a pre-recorded message, requesting police, fire or other municipal agency assistance.

2. Dial alarms shall only be coded to dial a special telephone number, which number shall be provided by the Chief of Police or the designated representative only to the dial-alarm permittee. No dial alarm shall be coded to dial the number of the general police switchboard of the Borough.

3. The message must conform to an approved format.

4. Total length of a message must not exceed fifteen (15) seconds.

5. The message must be transmitted twice but no more than four (4) times.

6. Any person having a dial alarm device which dials the general police number, upon discovery thereof, shall receive notice in writing from the Chief of Police requiring the owner to comply with the terms of this section, and if the owner fails to do so within thirty (30) days of the receipt of the notice, the owner shall then be liable to pay the Borough of Tinton Falls a penalty of fifty ($50.00) dollars.

7. All components of such equipment must be maintained in good repair by the owner, and when evidence exists that there has been failure to comply with the operational requirements of this section, the Chief of Police or the designated representative is then authorized to demand that such device be disconnected until such time as compliance with current requirements is reestablished.

b. Any license for the alarm console shall provide for a repairman to be on call at all times, and such service shall be provided within one (1) hour of notification by the Police Department of any malfunctions of any equipment. Any permittee utilizing the console shall provide for a repairman to be on call at all times, and such service shall be provided within eight (8) hours of notification of the permittee by the Police Department of any malfunction of any equipment.

c. The Chief of Police shall have the right to disconnect any malfunctioning equipment from the alarm console until such time as the malfunction has been corrected.

d. False Alarms; Penalties.

1. 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 subsection 5-1.7. In addition, in the case of false alarms , the Chief of Police or the designated representative shall cause an investigation to be made and shall keep a record of the alarms on file. For such false alarms , the following penalties shall apply:

(a) For the first and second false alarm in any given calendar year, a warning shall be issued.

(b) For the third false alarm in the same calendar year, a fine of fifteen ($15.00) dollars shall be paid to the Borough.

(c) For the fourth or any subsequent false alarm, a fine of twenty-five ($25.00) dollars shall be paid to the Borough.

2. Where the investigation of the Police Department discloses continued abuse of the privilege of connection to the alarm console and a disregard of the permittee for taking remedial steps to avoid false alarms , the Chief of Police reserves the right to require disconnection for a limited or permanent time, provided that no permit shall be revoked or suspended without giving the permittee an opportunity to show cause before the Borough Council why such action should not be taken.

e. Any unauthorized equipment may be disconnected by the Chief of Police or the designated representative for non-compliance with this section, and any person installing or maintaining unauthorized equipment shall be prosecuted for violation of this section. 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 the alarm devices are installed at reasonable hours by the Chief of Police or the designated representative.

f. All audible signaling devices shall be equipped with a timing device to limit the sounding of the signaling device to fifteen (15) minutes or less.

(1982 Code §61-8; Ord. #542)

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