[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin
10-13-1998 by Ord. No. 10-98. Amendments noted where applicable.]
The purpose of this chapter is to establish standards and regulations
concerning the installation, operation and maintenance of certain alarm systems
within the Borough of Franklin and to reduce or eliminate false alarms.
As used in this chapter, the following terms shall have the meanings
indicated:
Any device employed to call attention to or provide warning
of intrusion by any person or by fire, smoke, flood or other peril, whether
the same provides a visual or audio response, alarm or warning. The term "alarm
system" shall not include:
Concealed battery or electrically powered smoke detector or carbon monoxide
detector units located within single-family residences and which give out
an audible signal.
Automobile alarm systems.
An alarm designed to alert only the inhabitants of a premises that does
not have a sounding device which can be heard on the exterior of the alarm
site.
An alarm station transmits the alarm to an alarm processing center
which then calls to dispatch the Franklin Borough Police and/or Fire Department.
An alarm device using telephone or other lines which transmits an
alarm signal of intrusion to the Franklin Borough Police and/or Fire Department
or any other third party.
Any alarm or signal activated or transmitted by inadvertent, negligent,
unintentional or intentional act or omission of a person (caused or transmitted.
other than by an intruder or by fire, flood, smoke or carbon monoxide), and
shall also include alarms caused by malfunctioning of the alarm device or
other related equipment. False alarms shall not include:
Activation caused by power or phone line interruptions when such interruptions
have been reported to the Franklin Borough Police and/or Fire Department;
An alarm which is canceled by the owner, a registrant or agent prior
to the time the responding police officer or the Fire Department is dispatched
to the alarm site and
When the responding police officer or Fire Department finds evidence
of criminal offense or attempted criminal offense or calamity such as fire
damage.
Any alarm device located within the Borough of Franklin which, when
activated, produces an audible or visual signal (such as, but not limited
to, fire or burglar alarm activating bell devices). It shall not include motor
vehicle antitheft alarms.
Any natural person, partnership, corporation, association or other
entity.
Any person who owns, operates or leases an alarm system within the
scope of this chapter, who has been issued a registration permit to operate
and maintain such alarm system.
The provisions of this chapter shall apply to any person who owns, operates, leases or maintains any type of alarm or alarm system as defined in § 77-2. The provisions of this chapter shall in no way prohibit service a private source to persons or properties within the borough, so long as the alarm system is registered in accordance with this chapter.
A.
Registration shall be required for each home or business within the borough utilizing any type of alarm or alarm system as defined in § 77-2 on or after the effective date of this chapter. Users of systems in place on that date shall complete the required registration form within 60 days after this chapter is effective.
B.
A registration permit shall automatically terminate upon
a change of occupancy of the registered premises. No more than one registration
shall be required per home or business at any single location. Information
provided to the borough must be kept current, and the registrant must notify
the Borough Clerk in writing of any changes in the information contained in
the registration application no later than 30 days following the applicable
change(s).
C.
Registration form. Person(s) required to register their
alarm devices shall complete and file with the Municipal Clerk a registration
application which may be obtained from the Municipal Clerk's office. A copy
of each registration form shall be filed with the Franklin Borough Police
and/or Fire Department by the Borough Clerk who shall keep records confidential
and not open to public inspection. The registrant shall provide the following
information:
(1)
The full name and address of the registrant, including
a complete physical address and property description which will permit the
appropriate response to the alarm.
(2)
Name and address and telephone number of the person installing,
maintaining and/or owning the system.
(3)
The name and address of the person(s) responsible for
monitoring and initially responding activation of an alarm device and a phone
number for such entity and/or person(s).
(4)
The name, address and telephone number of the person
who may be contacted in the event of an alarm, and at least one person who
is authorized to receive notification of an alarm call and who is authorized
enter upon the premises in which the alarm system is located.
A registration fee as provided for in Chapter 119, Fees, shall be paid with each registration form. Registration shall be submitted within 30 days of the system installation. Failure to register shall result in a fine being imposed not to exceed $50, provided that the system is registered within 30 days of imposition of the fine. After that period, each additional day is a separate violation.
[Amended 12-12-2006 by Ord. No. 17-2006]
It shall be unlawful for any person to cause, allow or activate a false alarm as defined in this chapter. In case of a false alarm, any person and any registrant who violates this chapter shall each be subject to the provisions of § 77-11. In case of a false alarm, any person having knowledge of the false alarm shall immediately notify the Franklin Borough Police and/or Fire Department. The Franklin Borough Police and/or Fire Official shall be responsible for enforcing this chapter.
Dial alarm devices may be connected to the Franklin Borough Police and/or Fire Department by telephone or other lines as are permitted and designated by the Franklin Borough Police Department or to other law enforcement agencies having Jurisdiction or to third party providers. Dial alarms shall be registered as specified in §§ 77-4 and 77-5 of this chapter.
A.
The provisions of this chapter shall not apply to any
alarm system installed on the property owned or occupied by any borough, county,
state or federal government agency or office or to any alarm device having
only an indoor audible or visual/flashing system, and which are not dial alarm
devices.
B.
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 outside activated audible alarm exceeds 20 minutes, the warnings and penalties provided by § 77-11 of this chapter shall apply as though a false alarm has been activated.
The Borough of Franklin is under and assumes no duty or obligation to
any permittee or other persons by reasons of issuance or failure to issue
any registration permit.
The Borough Council may from time to time promulgate rules and regulations
supplementing this chapter in order to provide for recordkeeping and efficient
management of the system.
[Amended 12-12-2006 by Ord. No. 17-2006]
A.
Alarms other than fire and/or smoke. Any individual or
entity that violates any of the provisions of this chapter, including but
not limited to failing to register or providing false registration information,
shall be subject to a fine not exceeding $750; provided, however, that the
following mandatory minimum fines shall apply to false alarms:
(1)
For the first false alarm in any twelve-month period,
a warning shall be issued.
(2)
For the second false alarm within any twelve-moth period,
a fine of $50 shall be paid to the Borough of Franklin.
(3)
For the third and subsequent false alarms in any twelve-month period, the violator may be subject to the penalties provided for in § 77-11C as well as a fine of not less than $125, nor more than $750, which shall be paid to the Borough of Franklin. The violator will also be required to provide an advisory letter (dated within 30 days following the date on which the complaint is issued) from an alarm company stating that the system is operating properly. Failure to provide such advisory letter will constitute a separate offense, subject to a penalty of $250.
B.
Fire and/or smoke alarms. Any individual or entity that
violates any of the provisions of this chapter, including but not limited
to failing to register or providing false registration information, shall
be subject to a fine not exceeding $750; provided, however, that the following
mandatory minimum fines shall apply to false alarms:
(1)
For the first false alarm in any twelve-month period,
a warning shall be issued.
(2)
For the second false alarm within any twelve-moth period,
a fine of $100 shall be paid to the Borough of Franklin.
(3)
For the third and subsequent false alarms in any twelve-month period, the violator may be subject to the penalties provided for in § 77-11C as well as a fine of not less than $125, nor more than $750, which shall be paid to the Borough of Franklin. The violator will also be required to provide an advisory letter (dated within 30 days following the date on which the complaint is issued) from an alarm company stating that the system is operating properly. Failure to provide such advisory letter will constitute a separate offense subject to a penalty of $250.
C.
Persistent violators. In the event that the Franklin Borough Police and/or Fire Official determine that the registrant, property owner or occupant has failed to take reasonable steps to avoid false alarms, a complaint shall be issued by the Police Department or Fire Official, depending on the type of alarm involved, which complaint shall be heard in the Municipal Court. In the event that the party is convicted, the Court shall have the ability to impose a fine as provided for above and may also direct that the alarm be disconnected for a period of time as the Court imposes. The occurrence of three or more false alarms in any calendar month shall raise the presumption that the registrant is disregarding the responsibility to take reasonable remedial steps to avoid false alarms. The Court may allow for reinstatement, provided that a certified statement is received from the entity that services the alarm that any malfunction of the system has been corrected and that all fines assessed by the Court, as well as the registration fees, have been paid in full. In the event a registrant’s alarm is disconnected as the result of an action under this section of the chapter, and in the event the registrant is allowed to reconnect the equipment in the future, the registrant shall be responsible for a registration fee as provided for in Chapter 119, Fees.
