[HISTORY: Adopted by the Borough Council of the Borough of
Dormont 8-7-1995 by Ord. No. 1450. Amendments noted where applicable.]
For purposes of this chapter, the following terms are defined
as follows:
A communication to the Police Department indicating that
a crime, fire or other emergency situation warranting immediate action
by the Police or Fire Department or by Medical Rescue Team South has
occurred or is occurring.
An electronic device designed to:
An electronic device which automatically transmits a digital
message to the digital receiver of the Police Department.
Medical Rescue Team South.
An alarm to which the Police or Fire Department and/or the
Medical Rescue Team South respond resulting from the activation of
an alarm device when a crime, fire or other emergency warranting immediate
action by the appropriate Department has not, in fact, occurred. It
shall include all alarm signal activation incidents in which investigation
by the appropriate Department reveals no evidence of the existence
of an emergency condition. Those alarm signals that investigation
reveals to have been triggered by physical damage to the protected
premises as a result of hurricane, tornado, earthquake or other natural
phenomena are excluded from the definition of "false alarm."
The Fire Commissioner of the Borough.
The Dormont Volunteer Fire Department.
An alarm device designed to transmit an alarm to a person
who is instructed to notify the Police Department of the alarm or
to sound a general alarm to alert passersby or neighbors to notify
the Police Department.
A false alarm resulting from the intentional activation of
an alarm device by an individual under circumstances where the individual
has no reasonable basis to believe that a crime, fire or other emergency
warranting immediate action by the emergency services has occurred
or is occurring.
Any firm, corporation or person who operates, maintains,
installs, leases or sells automatic protection devices and whose duties
include monitoring and maintaining the devices.
A person to whom the Police Department or Fire Commissioner
have issued an alarm device permit.
The Police Department of the Borough.
An alarm device designed to transmit automatically a recorded
message over regular telephone lines by indirect alarm device to the
Police Department.
A.
It shall be unlawful for a property owner, lessee of property or a person otherwise occupying a premises within the municipality to install a fire alarm system on the premises without first obtaining an installation permit from the Fire Commissioner. In order to obtain the installation permit, plans and drawings for the alarm system, an application for a permit and a fee must be submitted to the Fire Commissioner in accordance with the requirements of the Uniform Construction Code (see Chapter 83, Article I, of the Code of the Borough of Dormont).[1]
B.
It shall be unlawful for a property owner, lessee of property or
a person otherwise occupying a premises within the municipality to
operate an alarm device on his premises without first obtaining an
alarm device permit from the Police Department or Fire Commissioner.
C.
Application.
(1)
In order to apply for an alarm device permit, a person must submit
an application to the Police Department stating the following:
(a)
The name of the applicant.
(b)
The home and business addresses and the telephone number of
each such applicant.
(c)
The location at which the alarm device will be installed and
operated.
(d)
The type of alarm: police, fire or EMS.
(e)
The names, addresses and telephone numbers of at least two individuals
who have keys to the premises at which the alarm device is located
and who are authorized to enter the premises at any time, but who
do not reside at the location of the alarm device, and are able to
respond and present a key within 15 minutes of the activation of an
alarm device.
(f)
A complete description of the alarm device.
(g)
If the alarm device is to be leased or rented from, or is to
be serviced pursuant to a service agreement by, a person other than
the person making application for an alarm device permit, the name,
address and telephone number of that person.
(2)
In addition, each person submitting an application for an alarm device
permit shall submit a signed statement in the following form:
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"I (We) the undersigned applicant(s) for an alarm device permit, intending to be legally bound hereby, state that neither I (we) nor anyone claiming by, through or under me (us) shall make any claim against Dormont, Pennsylvania, for any damage caused to the premises at which the alarm device, which is the subject of this application, is or will be located, if such damage is caused by a forced entry to premises by authorized representatives of Dormont, Pennsylvania, in order to answer an alarm from said alarm device at a time when said premises are or appear to be unattended or when, in the discretion of said authorized representatives, circumstances appear to warrant a forced entry. Further, I (we) hereby agree that, periodically and upon 48 hours' written notice, representatives of the Police Department or Fire Commissioner of Dormont, Pennsylvania, shall be allowed to enter my (our) premises between the hours of 10:00 a.m. and 7:00 p.m. on weekdays for the purpose of inspecting my (our) alarm device installation in order to determine whether or not it is in accordance with the operational standards set forth in § 72-3 of this chapter."
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D.
The Police Department or Fire Commissioner shall furnish forms upon
which any person wishing to apply for an alarm device permit may submit
his application.
E.
The Police Department or Fire Commissioner shall, within 10 business
days from receipt of an application for an alarm device permit, either
grant an alarm device permit to the applicant or notify the applicant
in writing that his application has been denied and the reason or
reasons why it has been denied.
F.
G.
The Police Department or Fire Commissioner shall have the power to
revoke an alarm device permit. An alarm device permit shall be revoked
by notifying the permit holder in writing that his alarm device permit
has been revoked and the reason or reasons why it has been revoked.
Said written notice shall be:
H.
An alarm device permit may only be revoked for any one of the following
reasons:
(2)
Failure of a permit holder to pay a false alarm charge assessed to him by the Police Department under the provisions of § 72-5 within 30 days of the mailing to him of a notice of assessment of a false alarm charge;
(3)
The occurrence of more than 15 false alarms from an alarm device
during any calendar year; or
(4)
The occurrence of an intentional false alarm caused by the permit
holder or by any individual who resides on the premises where the
alarm device is located.
I.
A person who has had his burglar/security alarm device permit revoked under Subsections G and H of this section may reapply for an alarm device permit 45 days after the effective date of such revocation; provided, however, that if a person's alarm device permit was revoked for nonpayment of a false alarm charge or for nonpayment of installation fees, or both, the Police Department or Fire Commissioner shall deny said application unless such charge or fee, or both, have been paid. Notwithstanding the foregoing, a person who has had his alarm device permit twice revoked on the basis of an intentional false alarm may not reapply for an alarm device permit for one year from the effective date of the second revocation.
A.
If an alarm device is designed to transmit a recorded message directly
to the Police Department, the duration of such recorded message shall
not exceed 15 seconds. The contents of the recorded message shall
be intelligible and in a format approved by the Police Department.
B.
A burglar/security alarm device shall be designed so that a thirty-second
delay occurs between the time the alarm device receives a triggering
stimulus and the time the alarm device transmits an alarm.
C.
If an alarm device is designed to cause a bell, siren or sound-making
device to be activated outside the premises on which the alarm device
is installed at the time it gives an alarm, said alarm device shall
be designed to deactivate the bell, siren or other sound-making device
after five minutes of operation.
D.
All alarm devices shall meet the applicable standards of the Underwriters
Laboratories and/or the National Fire Protection Association and/or
other recognized industry standards. The applicant for a permit may
be required to submit evidence of the reliability and suitability
of the alarm device.
E.
The sensory mechanism used in connection with an alarm device must
be adjusted to suppress false indications of fire or intrusion, so
that the alarm device will not be activated by impulses due to transient
pressure change in water pipes, short flashes of light, power surges,
wind noises such as the rattling or vibrating of doors or windows,
vehicular noises adjacent to the premises or other forces unrelated
to genuine alarm situations.
F.
A permit holder shall provide a repository container (Knox-Box®
or an approved equal) at the facility site at a location designated
by the Fire Commissioner, which container shall contain the following
information for emergency response personnel:
(1)
Complete information about the type of system and alarm company contact
personnel.
(2)
An entry key, an alarm panel key and instructions for the alarm panel
board.
(3)
A facility site plan, to include the following:
(a)
The location of storage of hazardous materials.
(b)
The location of on-site emergency firefighting and spill cleanup
equipment.
(c)
A diagram of the sewer system and water system showing fire
hydrants, fire hookups and water main locations and sizes.
(d)
A building floor plan and any other plan deemed necessary by
the Fire Commissioner.
G.
An alarm device must be maintained by the permit holder in good repair
to assure reliability of operation.
(1)
(2)
Representatives of the Police Department or Fire Commissioner shall,
periodically and upon 48 hours' written notice, have the authority
to enter the premises at which an alarm device is located between
the hours of 10:00 a.m. and 7:00 p.m. on weekdays for the purpose
of inspecting the alarm device installation in order to determine
whether or not it is in accordance with the operation standards set
forth in this section. Said representatives may require that repairs
be made whenever they have determined that such are necessary to assure
proper operation.
It shall be unlawful to cause an intentional false alarm. Violators
shall be punishable pursuant to 18 Pa.C.S.A. § 4905.
A.
A permit holder shall pay to the municipality a charge for each false alarm emanating from his alarm device during any calendar year, a fee as more fully established hereafter in Subsection E.
B.
When a false alarm occurs, the Police Department, within 10 days
from the date of each false alarm, shall notify the permit holder
of the alarm device from which the false alarm emanated that a false
alarm charge is due and the amount thereof, if any. Such notice shall
be in writing and mailed to the permit holder at his last known address
by regular mail, postage prepaid. Failure of the Police Department
to mail notice of assessment of a false alarm charge within 10 days
from the occurrence of a false alarm shall preclude the municipality
from assessing a false alarm charge.
C.
A false alarm charge shall be due and payable at the Police Department
30 days from the date of the mailing of the notice of assessment of
the false alarm charge.
D.
Failure of a permit holder to pay a false alarm charge on or before the due date shall subject the permit holder to revocation of his alarm device permit under § 72-2 of this chapter.
E.
Violations and penalties.
[Amended 4-7-2003 by Ord. No. 1522[1]]
(1)
A person that owns, uses or possesses an alarm device, automatic
dialing device, or digital communicator may not, after causing or
permitting three false alarms to occur in a consecutive twelve-month
period, cause or permit a subsequent false alarm to occur in the same
consecutive twelve-month period. A person that violates this subsection
commits a summary offense and shall, upon conviction, be sentenced
to pay a fine of not more than $300.
(2)
For purposes of this subsection, a "person" shall include an individual,
corporation, partnership, incorporated association or other similar
entity.
(3)
Such fines shall be payable to the Borough of Dormont if the public
safety agency which responded to the false alarm serves the Borough
and the prosecution is initiated by the public safety agency or the
Borough.
A.
Installation fee. The fee for the initial permit for the Dormont
Alarm Receiving Center shall be set by the Council. The Council may
alter the fee from time to time by resolution adopted at any public
meeting of the Council.
B.
Exemption for public agencies. Subsection A shall not apply to buildings owned by the following public agencies and used as herein described:
(1)
Borough of Dormont: buildings used for local government purposes.
(2)
Keystone Oaks School District: buildings used for public education
purposes.
(3)
Medical Rescue Team South: buildings used for emergency medical purposes.
(4)
Dormont Public Library: buildings used for public service purposes.
The issuance of any permit shall not constitute acceptance by
the municipality of any liability to maintain any equipment, to answer
alarms or for anything in connection therewith.
A.
Any person, partnership or corporation or any partner or principal
officer of any corporation who or which violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the Borough correctional facility
for a period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of Allegheny County.[1]
B.
The Police Department shall notify each alarm permit holder of any
violation of this chapter and of the penalty ascribed to such violation
and shall notify the alarm permit holder or any other person violating
this chapter of the fine imposed hereunder and of the time and manner
in which the same may be paid. In the event that the alarm permit
holder, or such other person, shall fail to pay the fine within the
time period and in the manner prescribed by the Police Department,
the fining entity shall issue a citation before the Magisterial District
Judge alleging a violation of this chapter, and the matter shall then
proceed in the manner prescribed under the Rules of Criminal Procedure
of the Commonwealth of Pennsylvania.
The Police Department or the Fire Department shall have the
option, upon notification to the permit holder and/or monitoring agency,
to place an alarm system temporarily out of service if it repeatedly
malfunctions to the point of being a burden on the emergency services
of the Borough.
