[Ord. 602, 6/1/2004, § 1]
1.
The purpose of this Part is to encourage alarm users and alarm companies
to properly use and maintain the operational effectiveness and proper
utilization of alarm systems and to reduce or eliminate false alarms
which may unduly divert law enforcement from responding to criminal
activity.
2.
This Part governs systems intended to summon law enforcement and
fire response and requires registration, establishes fees, provides
for penalties for violation, establishes a system of administration,
and sets conditions for suspension or loss of registration.
[Ord. 602, 6/1/2004, § 2]
In this Part:
Persons designated by a governing authority that should be
representative of the community, alarm industry, and law enforcement.
The Advisory Board should review and recommend false alarm reduction
efforts and report to the Borough Council.
A person or persons designated by the governing authority
to administer, control and review false alarm reduction efforts.
The business, by an individual, partnership, corporation
or other entity of selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving, installing or monitoring an alarm system
in an alarm site.
A notification to a law enforcement agency that an alarm,
either manual or automatic has been activated at a particular alarm
site.
The notification by an alarm company or an alarm user of
the alarm administration that an alarm system has been installed and
is in use.
Should consist of five members as follows: The Chief of Police
or designee, Borough Secretary or designee, member of Borough Council
or designee, a representative of the Fire Department or designee,
and an at large appointee of the Borough Council for matters that
cannot be resolved at a first level. All appointees shall serve at
the pleasure of Council.
A single fixed premises or location served by an alarm system
or systems. Each tenancy, if served by a separate alarm system in
a multi-tenant building or complex shall be considered a separate
alarm site.
A device or series of devices including, but not limited
to, systems interconnected with a radio frequency method such as cellular
or private radio signals, which emit or transmit a remote or local
audible, visual or electronic signal indicating an alarm condition
and intended to summon law enforcement service of the municipality,
including local alarm system. Alarm system does not include an alarm
installed in a vehicle or person unless the vehicle or personal alarm
is permanently located at a site.
Any person, firm, partnership, corporation or other entity
who (which) uses or is in control of any alarm system at its alarm
site.
A class conducted by the municipality or law enforcement
agency for the purpose of educating alarm users about the problems
created by false alarms and responsible use and operation of alarm
systems.
Any electrical, electronic, mechanical or other device capable
of being programmed to send a prerecorded voice message, when activated,
over a telephone line, radio or other communication system, to a law
enforcement agency.
The process by which an alarm company providing monitoring
verifies with the alarm user or responsible party that a false dispatch
has occurred and that there is not an existing situation at the alarm
site requiring law enforcement agency response.
The transaction or process by which one alarm company begins
monitoring of a previously unmonitored alarm system or an alarm system
previously monitored by another alarm company.
A silent alarm system signal generated by the manual activation
of a device intended to signal a life threatening situation or a crime
in progress requiring law enforcement response.
An alarm dispatch request to a law enforcement agency, when
the responding officer finds no evidence of a criminal offense or
attempted criminal offense after having completed a timely investigation
of the alarm site.
A silent alarm signal generated by the manual activation
of a device intended to signal a robbery in progress.
A device that allows control of an alarm system by the manual
entering of a coded sequence of numbers or letters.
The commissioner, superintendent, sheriff, and Chief of Police,
director of a law enforcement agency or an authorized representative.
A license issued to an alarm company to sell, install, monitor,
repair, or replace alarm systems by an authority having jurisdiction.
Any alarm system that annunciates an alarm only by an internal
or external audio service.
The process by which an alarm company receives signals from
an alarm system and relays an alarm dispatch request to the municipality
for the purpose of summoning law enforcement response to the alarm
site.
The manual activation of a silent alarm signal by entering
at a keypad a code that adds one to the last digit of the normal arm/disarm
code (normal code - 1234; one plus duress code - 1235).
An audible alarm system signal generated by the manual activation
of a device intended to signal a life-threatening or emergency situation
requiring law enforcement response.
An individual, corporation, partnership, association, organization
or similar entity.
The transaction or process by which an alarm user takes over
the control of an existing alarm system, which was previously controlled
by another alarm user.
An attempt, by the alarm company, to its representative,
to contact the alarm site by telephone or other electronic means,
whether or not actual contact with a person is made, before requesting
law enforcement dispatch, in an attempt to avoid an unnecessary alarm
dispatch request.
Are subdivisions into which an alarm system is divided to
indicate the general location from which an alarm system signal is
transmitted.
[Ord. 602, 6/1/2004, § 3]
1.
No alarm user shall operate, or cause to be operated, an alarm system
at its alarm site without a valid alarm registration issued by West
Homestead Borough, (hereinafter "Borough"). A separate registration
is required for each alarm site. Such registration shall be accomplished
as follows:
2.
Upon receipt of a completed application form and the alarm registration
fee, the Borough shall register the applicant unless the applicant
has:
3.
Each alarm registration application must include the following information:
A.
The name, complete address (including apt/suite number), and telephone
numbers of the person who will be the registration holder and be responsible
for the proper maintenance and operation of the alarm system.
B.
The classification of an alarm site shall be either residential (including
single family dwellings, duplexes, condos, and/or mobile homes) or
commercial site.
C.
For each alarm system located at the alarm site, the classification
of the alarm system, i.e., burglary, holdup, duress, or other, for
each purpose whether audible or silent.
D.
Mailing address if different from the alarm site.
E.
Any dangerous or special conditions present at the alarm site.
F.
Name and telephone numbers of at least three individuals who are
able and have agreed to receive notification of an alarm activation
at any time; respond to the alarm site within 30 minutes; and upon
request can grant access to the alarm site and deactivate the alarm
system if such becomes necessary.
G.
Type of business conducted at the alarm site.
H.
Signed certification from the alarm user stating:
(1)
The date of installation, conversion or takeover of the alarm
system, whichever is applicable.
(2)
The name, address, and phone number of the alarm company performing
the alarm system installation, conversion or alarm system takeover
and responsible for providing repair service to the alarm system.
(3)
The phone number of the alarm company monitoring the alarm system,
if different from the installing alarm company.
(4)
That a set of written operating instructions for the alarm system,
including written guidelines on how to avoid false alarms, have been
left with the applicant.
(5)
That the alarm company has trained the applicant in the proper
use of the alarm system, including instructions on how to avoid false
alarms.
(6)
The law enforcement response may be based on factors such as:
availability of police units, priority of calls, weather conditions,
traffic conditions, emergency conditions, staffing levels, etc.
4.
Any false statement of a material fact made by an applicant for the
purpose of obtaining an alarm registration shall be sufficient cause
for refusal to issue a registration.
5.
An alarm registration cannot be transferred to another person or
alarm site. An alarm user shall inform the Borough of any change that
alters any information listed on the registration application within
five business days.
[Ord. 602, 6/1/2004, § 3.1]
A tenant of an apartment with an alarm system shall obtain an
alarm registration from the Borough before operating or causing the
operation of an alarm system in the tenant's residential unit.
The owner or property manager of an apartment complex shall obtain
a separate alarm registration of any alarm system operated in offices
or common areas of the apartment complex. Each building regardless
of the number of units contained therein shall be deemed as one commercial
alarm site.
[Ord. 602, 6/1/2004, § 3.2; as amended by Ord.
623, 2/14/2006]
A registration shall expire one year from the date of issuance,
and must be renewed annually by submitting an updated application
to the Borough. The Borough shall notify each alarm user of the need
to renew 30 days prior to the expiration date. Failure to renew will
be classified as use of a non-registered alarm system and citations
and penalties shall be assessed without waiver. A late fee in an amount
as established from time to time by resolution of Borough Council
can be assessed if the renewal is more than 30 days late.
[Ord. 602, 6/1/2004, § 4]
1.
An alarm user shall:
A.
Maintain the premises and the alarm system in a manner that will
minimize or eliminate false alarms.
B.
Make every reasonable effort to respond or cause a representative
to respond to the alarm system's location within 30 minutes when
notified by the municipality to deactivate a malfunctioning alarm
system, to provide access to the premises, or to provide alternative
security for the premises, and should the alarm user either refuse
to respond or not respond within 30 minutes then he/she/it shall be
subject to a fine not to exceed $500.
C.
Not manually activate an alarm for any reason other than an occurrence
of an event that the alarm system was intended to report.
2.
An alarm user shall adjust the mechanism or cause the mechanism to
be adjusted so that an alarm signal audible on the exterior of an
alarm site will sound for no longer than 10 minutes after being activated
(or 15 minutes for systems operating under Underwriters Laboratories,
Inc., Standard 365 or 609).
3.
An alarm user shall have a properly licensed alarm company inspect
the alarm system after two false alarms in a one-year period from
the date of registration issuance or renewal. The Borough may waive
an inspection requirement if it determines that a false alarm(s) could
not have been related to a defect or malfunction in the alarm system
to be more false alarm resistant or provide additional user training
as appropriate. See Appendix A for Installers False Alarm Prevention
Checklist.
4.
An alarm user shall not use automatic voice dialer's.
5.
An alarm user shall maintain at each alarm site, a set of written
operating instructions for each alarm system.
[Ord. 602, 6/1/2004, § 5]
1.
Upon enactment of this Part, alarm companies shall obtain a permit
from the Borough to sell, maintenance and/or service alarm systems
in the Borough prior to installation of same.
2.
Upon enactment of this Part alarm companies shall not program alarm systems so that they are capable of sending one plus duress alarms. Alarm companies may continue to report one plus duress alarms received from alarm systems programmed with one plus duress prior to enactment of this Part. However, upon enactment of this Part when a takeover or conversion occurs or if an alarm user requests an alarm system inspection or modification pursuant to § 13-406, Subsection 3, of this Part, an alarm company must remove the one plus duress alarm capability from such alarm system.
3.
Upon enactment of this Part alarm companies shall not install a device
activating a hold-up alarm, which is a single action non-recessed
button. An alarm company must remove all single action non-recessed
buttons when a takeover or conversion occurs.
4.
Upon enactment of this Part alarm companies shall use control panels
tested for conformance to the Security Industry Association (SIA)
Control Panel Standard - Features for False Alarm Reduction.
5.
After completion of the installation an alarm company employee shall
review with the alarm user the customer false alarm prevention checklist
(Appendix B) or an equivalent approved by the Borough.
6.
An alarm company performing monitoring services shall:
A.
Offer a training period in which no request for dispatch by law enforcement
will occur during the first seven days after installation of an alarm
system, but rather will use that week to train the alarm user on the
proper use of the alarm system unless circumstances necessitate immediate
requests for response as determined by the Borough.
B.
Report alarm signals by using telephone numbers designated by the
Borough.
C.
Attempt to verify every alarm signal, except a duress and holdup
alarm activation before requesting a law enforcement response to an
alarm system signal.
D.
Communicate alarm dispatch requests to the municipality in a manner
and form determined by the Borough.
E.
Communicate cancellations to the municipality in a manner and form
determined by the Borough.
F.
Ensure that all alarm users of alarm systems equipped with a duress
or holdup alarm are given adequate training as to the proper use of
the duress or holdup alarm.
G.
Communicate any available information (north, south, front, back,
floor, etc.) about the location of the alarm.
H.
Communicate the type of alarm activation (silent or audible, interior
or perimeter).
I.
Provide alarm user registration number when requesting dispatch.
J.
Endeavor to contact the alarm user when an alarm dispatch request
is made.
K.
Upon enactment of this Part alarm companies that perform monitoring
services must maintain for a period of at least one year, records
relating to alarm dispatch requests. Records must include the name,
address, and phone number of the alarm user, the alarm system zone(s)
activated, the time of alarm dispatch request and evidence of an attempt
to verify. The Borough may request copies of such records for individually
named alarm users.
[Ord. 602, 6/1/2004, § 5.1]
The Borough can appeal to an appropriate governmental body regulating the alarm company to suspend or revoke the alarm company's license when the alarm company fails to comply with the duties listed in § 13-407. In the event the Borough cannot obtain required information about the alarm company from the governmental body regulating the alarm company, the Borough can require the alarm company to supply the required information in a registration with the Borough.
[Ord. 602, 6/1/2004, § 6]
2.
The Borough shall establish a procedure to record such information
on alarm dispatch requests necessary to permit the Borough to maintain
records, including, but not limited to, the following information.
This information may be relayed by the responding officer at the time
of clearance to law enforcement dispatchers, who will then record
said information on the call record. The information shall include:
A.
Identification of the registration number for the alarm site.
B.
Identification of the alarm site.
C.
Date and time alarm dispatch request was received.
D.
Date and time of law enforcement officer arrival at the alarm site.
E.
Zone if available.
F.
Name of alarm user's representative on premises, if any.
G.
Identification of the responsible alarm company.
H.
Whether unable to locate the address.
I.
Cause of alarm if known.
3.
The alarm administrator shall establish a procedure for the notification
to the alarm user of a false alarm. Options include, but are not limited
to, the officer leaving a door hanger or notice at the alarm site.
The notice shall include the following information:
A.
The date and time of law enforcement response to the false alarm.
B.
The identification number of the responding law enforcement officer.
C.
A statement urging the alarm user to ensure that the alarm system
is properly operated, inspected, and serviced in order to avoid false
alarms and resulting fines.
4.
If there is reason to believe that an alarm system is not being used
or maintained in a manner that ensures proper operation and suppresses
false alarms, the Borough may require a conference with the alarm
user and the alarm company responsible for the repair of the alarm
system to review the circumstances of each false alarm.
5.
Alarm administrator shall oversee the creation and implementation
of an alarm user awareness class. The alarm administrator may request
the assistance of alarm companies and a law enforcement agency in
developing and implementing the class. The class shall inform alarm
users of the problems created by false alarms and teach alarm users
how to operate their alarm systems without generating false alarms.
[Ord. 602, 6/1/2004, § 7]
1.
An alarm user shall be subject to penalties, warnings and suspensions
or revocation of registration depending on the number of false alarms
emitted from an alarm system within a twelve-month period from the
date of registration or renewal based upon the following schedule:
|
No. of False Alarms
|
Penalties
| |
|---|---|---|
|
1, 2, or 3
|
0
| |
|
4
|
$50
| |
|
5
|
$100
| |
|
6 or 7
|
$200
| |
|
8 or more
|
$300 (each)
|
2.
In addition, any person operating a non-registered alarm system (whether
suspended or never acquired) will be subject to a citation and assessment
of a $200 penalty for each false alarm, in addition of any other penalties.
3.
An alarm user shall have the option of attending an alarm user awareness
class in lieu of paying one prescribed penalty.
4.
If cancellation occurs prior to law enforcement arriving at the scene,
this is not a false alarm for the purpose of penalties and no penalties
will be assessed.
5.
The alarm company shall be issued a civil citation if the officer
responding to the false alarm determines that an on-site employee
of the alarm company directly caused the false alarm. In this situation
this will not be counted against the alarm user.
6.
The alarm company may be penalized for failure to verify if the alarm
administrator determined the existence of the consistent pattern or
written policy against verification.
7.
The alarm company can be penalized if the alarm administrator determines
that an alarm company employee makes a false statement concerning
the inspection of an alarm site or the performance of an alarm system.
[Ord. 602, 6/1/2004, § 8]
1.
The alarm administrator of the Borough may suspend alarm response
if it is determined that:
A.
The alarm user has four or more false alarms in one year.
B.
There is a false statement of a material fact in the application
for a registration.
D.
The alarm user has failed to submit a written certification from
an alarm company that complies with the requirement of this section,
stating that the alarm system has been inspected and repaired (if
necessary) by the alarm company.
2.
A person commits an offense if he/she/it operates an alarm system during the period in which his/her/its alarm registration has been suspended and is subject to enforcement and the penalties set forth in § 13-415. An alarm company commits an offense if it continues to request law enforcement dispatch to an alarm site after notification by the alarm administrator that the registration has been suspended or revoked and is subject to enforcement and penalties as set forth in § 13-415.
[Ord. 602, 6/1/2004, § 9]
1.
The alarm administrator shall notify the alarm user in writing after
the first, second, and third false alarms. The notification shall
include the amount of the penalty for each false alarm; notice that
the alarm user can attend alarm user awareness class to waive a penalty;
the fact that response will be suspended after the fourth false alarm;
and a description of the appeals procedure available to the alarm
user.
2.
The alarm administrator will notify the alarm user and the alarm
company, in writing, after the fourth false alarm, that alarm response
has been suspended. This notice of suspension will also include the
amount of the penalty for each false alarm and a description of the
appeals procedure available to the alarm user and the alarm company.
[Ord. 602, 6/1/2004, § 10; as amended by Ord. 623,
2/14/2006]
1.
An alarm user may appeal the assessment of a penalty, suspension,
or may request reinstatement to the alarm administrator. An appeal
fee of in an amount as established from time to time by resolution
of Borough Council will accompany the appeal by the alarm user. Appeal
fees will be returned to the alarm user if the appeal is upheld. The
filing of an appeal with the alarm administrator stays the assessment
of the penalty or suspension until the alarm administrator makes a
final decision.
A.
The alarm user shall file a written appeal to the alarm administrator
by setting forth the reasons for the appeal within 10 days after receipt
of the penalty.
2.
If the alarm administrator denies the issuance or renewal of an alarm
registration, or suspends response, the alarm administrator shall
send written notice of the action and a statement of the right to
an appeal to either the applicant or alarm user and the alarm company.
3.
A second level of appeal is available to the alarm review board in
cases where the alarm user is not satisfied with the decision reached
at a lower level.
A.
The applicant, alarm user or the alarm company, on behalf of the
alarm user, may appeal the decision of the alarm administrator to
the alarm review board by filing a written request for a review setting
forth the reasons for the appeal within 20 days after receipt of the
notice from the alarm administrator.
B.
The alarm review board shall conduct a formal hearing and consider
the evidence offered by any interested person(s). The Board shall
make its decision on the basis of a preponderance of the evidence
presented at the hearing. The Board must render a decision within
30 days after the request for an appeal hearing is filed. The Board
shall affirm or reverse the assessment of the penalty. The decision
of the Board is final as to administrative remedies of the municipality.
C.
The filing of a request for appeal shall stay the action of the alarm
administrator suspending a registration or requiring a payment of
a penalty, until the alarm review board has completed the review and
issued a decision. If a request for an appeal is not made within the
twenty-day period, the action of the alarm administrator is final.
[Ord. 602, 6/1/2004, § 11; as amended by Ord. 623,
2/14/2006]
1.
A person whose alarm response has been suspended may have alarm response
reinstated by the alarm administrator or the alarm review board if
the person has abided by one or more of the following:
A.
Submits an updated application.
B.
Pays, or otherwise resolves, all citations and penalties.
C.
Submits a certification from an alarm company that complies with
the requirements of this section, stating that the alarm system has
been inspected and repaired, (if necessary) by the alarm company.
D.
Payment to the Borough, for reinspection and reinstatement, of a
fee in an amount as established from time to time by resolution of
Borough Council.
|
And one or more of the following, if applicable:
|
E.
Submits proof that an employee of the alarm company caused the false
alarm.
G.
Files with the alarm administrator a written statement from the municipal
alarm inspector designated by the Police Department, that the alarm
or alarm system has been inspected and found to be in good working
order or repaired so as to be in good working order.
[Ord. 602, 6/1/2004, § 12; as amended by Ord. 623,
2/14/2006]
Any person, firm or corporation who shall violate any provisions
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 602, 6/1/2004, § 13]
Information contained in registration applications and applications
for appeals shall be held in confidence by all employees or representatives
of the municipality and by any third-party administrator or employees
of a third-party administrator with access to such information.
[Ord. 602, 6/1/2004, § 14]
Registration of an alarm system is not intended to, nor will
it create, a contract, duty or obligation, either expressed or implied,
of response. Any and all liability and consequential damage resulting
from the failure to respond to a notification is hereby disclaimed
and governmental immunity, as provided by law is retained. By registering
an alarm system, the alarm user acknowledges that police response
may be based on factors including, but not limited to, availability
of police units, priority of calls, weather conditions, traffic conditions,
emergency conditions and staffing levels.
