[HISTORY: Adopted by the Borough Council
of the Borough of Malvern 5-21-2003 by Ord. No. 2003-10 (Part 10, Ch. 3, of
the 1975 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be known as the "Malvern
Borough Automatic Protection Device and Alarm Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
The business of any individual, partnership, corporation
or other entity of selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving, or installing any automatic protection
device or alarm system, or causing such system to be sold, leased,
maintained, serviced, repaired, replaced, moved or installed in or
on any building, structure or facility. This definition specifically
includes the answering service or centralized protection service which
monitors alarms for the automatic protection device.
Any device, bell, horn or siren which is attached to the
interior or exterior of a building, structure or facility and emits
a warning signal audible outside the building, structure or facility
and is designated to attract attention when activated by a criminal
act or other emergency requiring Police or Fire Department response.
Any assembly of equipment, mechanical, electrical or battery
operated, arranged to signal the occurrence of a police, fire, hazard
or medical emergency requiring urgent attention and to which police
or fire units are expected to respond. Personal medical alert devices
designed to be worn or carried by an individual are excluded from
this definition.
[Amended 6-16-2020 by Ord. No. 2020-4]
An alarm activated in the absence of an emergency,
whether willfully or by inadvertence, negligent or unintentional act,
including the malfunction of the alarm system, to which the Malvern
Borough Police, Fire or other emergency department responds. This
definition excludes alarms caused by testing or repairing of telephone
or electrical lines or equipment outside the premises; acts of nature,
such as earthquake, flood, windstorm, thunder or lightening; an attempted
illegal entry of which there is visible evidence; a crime in progress;
or in the case of an emergency medical alarm, an actual medical emergency
requiring police, fire or medical personnel. If doubt exists as to
the cause of the false alarm, the Chief of Police or his/her designee
shall make the decision regarding the circumstances of the activation.
Multiple alarms reported to the Police Department
or Fire Department before the system can be deactivated within a reasonable
period of time shall be considered a single alarm.
To use a telephone line and equipment for transmitting a
message, either directly or indirectly, by automatic dialing devices.
Shall include and be construed to mean any person, persons,
corporation or any other entity of any nature whatsoever.
On and after the effective date of this chapter,
owners or users of audible alarms must equip such audible alarms with
a timing mechanism that will disengage the audible alarm after a maximum
of 15 minutes.
All automatic protection devices must be keyed
to an alarm supplier, as defined herein.
Every alarm supplier selling, leasing, or furnishing
to any user, or a user who privately installs an alarm system which
is located on premises within the Borough, shall:
A.Â
Be permitted to install only equipment that is electronically
safe and meets all Borough requirements under this and any other applicable
ordinances. Wiring for the alarm system must conform to all applicable
Borough ordinances.
B.Â
Be required to cause each alarm system installed to
be provided with standby battery power which shall automatically and
immediately take over in the event of a power failure.
C.Â
Be required to install equipment in such a way as
to neutralize electric surges on the alarm system.
D.Â
Be required to deactivate any alarm system within
a reasonable period of time when multiple false alarms are received.
A.Â
Every user of an automatic protection device will
do whatever possible to prevent false alarms of their automatic protection
devices which cause a response by the Police and/or the Fire Departments
or any other Borough emergency department.
B.Â
Consent to pay costs. For the purposes of defraying
the costs to the Police, Fire and other emergency departments of responding
to false alarms, the owner, lessee or user of any automatic protection
device which sends a signal to an alarm supplier who, in turn, notifies
the Police, Fire or other emergency departments, shall pay the Borough
a penalty(ies) for all false alarms, and for each false alarm originating
from the owner's, lessee's or user's premises, based upon the schedule
for false alarms as shall be established by Borough Council in the
Borough Permit and Licensing Schedule Resolution, as amended from
time to time, and posted in the Borough Administrative Offices.
[Amended 6-16-2020 by Ord. No. 2020-4]
C.Â
These penalties are the sole responsibility of the
owner, user or lessee of the automatic protection device.
Violations of the provisions of this chapter
shall constitute an offense punishable by a fine of not more than
$300, plus any and all costs of prosecution. Such fines and costs
shall be collectible before any District Justice as like fines and
penalties are now collected.
A.Â
Within 90 days from the effective date of this chapter,
every user, owner or lessee or any other person occupying a premises
having an automatic protection device, shall furnish to the Chief
of Police of the Borough of Malvern the following information:
(1)Â
The name, address and telephone number of the owner,
lessee, or user.
(2)Â
The address where the device is installed and the
telephone number at that address.
(3)Â
The name, address and telephone number of the alarm
supplier or any other person or firm who is authorized to respond
to an emergency and gain access to the address where the device is
installed.
(4)Â
The name and telephone number of any person, firm
or corporation, other than the alarm supplier, who is responsible
for maintenance and repair of the system.
(5)Â
The type of system, i.e., burglary, fire, medical
or other emergency.
C.Â
All information furnished pursuant to this section
shall be kept confidential and shall be for the authorized use of
the Police Department only.
