[HISTORY: Adopted by the Borough Council of the Borough of
Lehighton 4-23-2007 by Ord. No. 2007-548.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 47,
Alarm Systems, adopted 4-23-1990 by Ord. No. 394.
Borough Council of the Borough of Lehighton finds and declares
that:
A.
The majority of emergency alarms to which Borough police and emergency
personnel respond are false. Such alarms are nuisances resulting in
enormous waste of manpower and could cause serious injury to those
emergency personnel who may be responding to a false alarm and further,
when said personnel are responding to a false alarm, they are not
available to be protecting the citizens of the Borough of Lehighton.
B.
The danger to citizens through emergency responses created by nuisance
alarms are unnecessary and hazardous.
C.
The unnecessary waste of tax dollars through responses to nuisance
alarms must be eliminated.
D.
Nuisance alarms have created conditions causing danger and annoyance
to the general public.
E.
The purpose of this chapter is to insure that installation, maintenance
and function of alarm devices result in effectively providing the
protection desired without resulting in excessive response by emergency
service providers to nonemergency signals. It is intended to apply
to all alarm systems which automatically transmit external information,
requests for assistance, or audible external alarms, intended to summon
emergency response by public emergency service providers to permanently
fixed locations.
The following definitions shall apply in interpretation and
enforcement of this chapter:
The business by an individual, partnership, corporation,
or other entity of selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving, or installing any alarm system or causing
any alarm system to be sold, leased, maintained, serviced, repaired,
altered, replaced, moved or installed, in or on any building, structure
or facility.
Any device designed or used for detection of intrusion into
a building, structure or facility, or for alerting persons in the
attempt or commission of a crime or any emergency situation involving
potential death or serious injury and which is directly related to
an audible alarm or the transmission of a related signal or message
which is used to evoke an emergency response to any address or separate
component of any system. Such signals may be audible alarms or connected
to automatic dialing devices, a central station or answering service.
A service whereby intermediary individuals receive prerecorded
voice messages from automatic dialing devices reporting an emergency
at a stated location, where such individuals have the duty to relay
by live voice any such emergency message over a trunk line to the
communications center of the emergency service providers.
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 designed to attract attention when activated.
A device which is interconnected to a telephone line and
is programmed to transmit a signal by a voice or coded message that
indicates that an emergency condition exists and an emergency response
is expected.
The Borough of Lehighton.
An arrangement or system or group of such systems operated
privately by a person, firm or corporation which accepts recorded
messages or electronically transmitted signals from automatic devices
and having operators or individuals who are expected to take appropriate
action upon receipt of a signal or message, including the relaying
of messages to the communications center of the police, Fire Department,
emergency medical or rescue services.
An individual appointed by and accountable directly and solely
to the Lehighton Borough Council. This individual shall be appointed
from time to time by Borough Council. Until any other individual is
appointed, the coordinator shall be the Chief of Police of Lehighton
Borough and the Lehighton Borough Police Department.
A police, fire hazard, medical, or rescue emergency.
Those agencies contracted by the Borough directly or indirectly
to provide emergency services for Lehighton Borough.
An alarm activated in the absence of an emergency, whether willfully
or by inadvertence, negligence, or unintentional act, to which emergency
units respond. The definition excludes alarms caused by malfunctions
of the County Telecommunications Center receiving equipment; alarms
for which the user has attempted to cancel response; testing or repairing
of telephone or electrical lines or equipment outside the premises;
acts of God, such as earthquake, flood, windstorm, thunder, or lightning;
an attempted illegal entry; a crime in progress, or, in the case of
emergency medical alarm, an actual medical emergency requiring police,
fire and/or medical personnel. If doubt exists as to the cause of
the false alarm the provider of the emergency service together with
the Borough Fire Chief or designated coordinator shall make a decision
regarding the circumstances of the activation.
Multiple alarms received before the system can be deactivated
or repaired within a reasonable period of time shall be considered
a single alarm. Multiple emergency service providers dispatched as
the result of an alarm shall be considered a single alarm response.
The definition of a false alarm also includes the intentional
activation of a hold-up alarm for other than a hold-up in progress,
the intentional activation of a burglary alarm for other than a burglary,
the intentional activation of a medical alarm for other than a medical
emergency, or the intentional activation of a fire alarm for other
than a fire or hazard.
The contracted Borough companies and their designated backup
units.
A fire or smoke or heat conditions indicating a fire.
An explosion, leak of toxic gas, liquid, or solid, or a potential
explosion or leak.
A central station or an answering service as herein defined.
To use a telephone line and equipment for transmitting a
message either directly or indirectly by an automatic dialing device.
An emergency involving the health of a person.
The designated police department to service the Borough.
An incident requiring prompt response by the Police Department.
The police and fire communications rooms and other rooms
which house communications equipment and a radio dispatcher.
A written form duly submitted by an applicant to the Borough
upon payment of the required fee.
The contracted Lehighton Borough rescue squad emergency service
provider.
A telephone line leading into the communications centers
of the Police and Fire Departments that is for the purpose of handling
calls on a person-to-person basis and which is identified by a specific
listing among the white pages in the telephone directory issued by
the telephone company.
An alarm which cannot be reasonable determined to be a false
alarm and is in the absence of an obvious emergency.
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.
Audible alarms without such a timing mechanism shall be unlawful in
the Borough and must be disconnected by the owner or user within 60
days from the effective date of this chapter.
On and after the effective date of this chapter, all automatic
dialing devices that transmit recorded messages to the County Telecommunications
Center radio room shall be keyed to telephone lines separate and distinct
from the trunk lines for the communications center.
A.
All alarm systems require registration on a form provided by the
Borough. The registration forms will be kept in the Borough Office
and copies will be given to the Lehighton Borough Police, fire companies,
rescue companies and ambulance services as appropriate. The registration
form will provide suggested instructions on composing telephone automatic
tape dialer messages to give information accurately for systems using
dialers.
B.
All information furnished by the registration forms shall be kept
confidential and shall be for the use of authorized emergency providers
only.
C.
Prior to installation of any alarm system covered by this chapter,
the alarm supplier or user must register the alarm system at the Borough
Office. The registration will continue in effect until the system
is substantially revised or replaced at which time a new registration
will be required.
D.
Any alarm from an unregistered alarm system will trigger the registration
thereof within 10 days or must be disconnected until registration
occurs.
E.
By registering the installation of an alarm system or the subsequent
installation of such a system or by the continued use of an alarm
system already installed at the effective date of this chapter, the
owner, lessee or user thereof shall agree that such registration or
use constitutes a waiver by such person of the right to bring or file
any action, claim or complaint whatsoever against any police officer,
fireman, or other authorized emergency service provider who, using
their reasonable and best judgment, makes a forced entry in response
to such alarm into the premises on which such an alarm is installed.
F.
All registrations must be accompanied by a fee of $10 payable to
Lehighton Borough. Registration or fees will not be required for the
following systems: a battery-powered (9 volt, 11.2 volt, or similar
voltage) audible alarm system or an electrically energized audible
alarm system whose sole purpose is to notify the occupants of that
location of an emergency situation shall be exempt from the registration
requirements of this chapter if all of the following conditions exist.
(1)
The alarm is not connected to any mechanical or electrical device
that automatically notifies a person or agency outside that location
that the alarm system is activated.
(2)
The audible alarm does not sound outside the location (no external
speakers).
(3)
The internal signal emitted by the audible alarm does not exceed
90 decibels.
(4)
The internal alarm does not cause undue annoyance or alarm to occupants
of adjoining premises.
G.
Registration fees will be retained in the Lehighton Borough fund
to defray the cost of administering this chapter.
A.
The public safety requires that the incidence of alarms and malfunctioning
automatic dialing devices be kept to a minimum so as to reduce unnecessary
calls to the emergency service providers and to increase the effectiveness
of properly functioning alarm systems. In order to enforce this and
to reduce the incidence of false alarms and malfunctioning alarm systems
it is necessary that appropriate Borough officials have the right
to inspect the installation and operation of any alarm system installed
in the Borough.
B.
Registration of or subsequent installation of such a system or the
continuance of the use of any alarm system already installed at the
effective date of this chapter shall constitute consent by the owner
or lessee thereof and authorization for the inspection of any such
installation and/or operation by the designated Borough coordinator.
C.
All such entries upon the premises where an alarm system is installed
and all such inspection of the installation and operation of alarm
systems shall be at reasonable times and upon reasonable notice, except
in emergency situations.
Each alarm supplier who, after the effective date of this chapter,
sells or leases in the Borough an alarm system shall furnish operating
instructions and a descriptive maintenance and repair manual to the
buyer or lessee.
All new alarm installations shall:
A.
Use only equipment that is listed by Underwriter's Laboratories,
Inc., as being electrically safe and meeting the Borough requirements
for the alarm system. Wiring for alarm systems must conform with all
applicable Borough codes. In the case of fire alarms, the stricter
of the NFPA standards or Borough codes shall apply.
B.
Be provided with standby battery power which shall automatically
and immediately take over in the event of power failure.
C.
Be installed in such a way as to neutralize electrical surges on
the alarm system and use direct grounding.
All users of automatic signal notification systems shall display
easily readable house numbers or name signs in the immediate vicinity
of their property to facilitate location by emergency service providers
responding to automatic alarms.
The Borough Council shall appoint a designated coordinator to
administer this chapter. Periodically or as requested, but not less
than once per year, the coordinator will review records or other information
made available by emergency service providers to determine locations
experiencing alarm responses. If, in the coordinator's best judgment,
it is determined that any or all of the responses constitute excessive
and/or unexplained or false alarms, the coordinator shall proceed
as follows:
A.
Excessive alarms (more than four in any calendar year. Although excessive
alarms may be all legitimate alarms, the fact that a high number are
being experienced at a given location is cause for consideration of
corrective action by the owner. In such cases the coordinator may
make direct contact or refer the matter to other agencies such as
the Fire Chief, Building Inspector, or other appropriate agency who
may investigate possible violations of established ordinances or who
may make recommendations to the owner to improve the circumstances
causing excessive alarms. The coordinator will not impose penalties
in such cases.
B.
False or unexplained alarms.
(1)
If the coordinator determines that any alarm is a false alarm, the
coordinator shall immediately notify the owner or occupant in writing
by registered mail of such finding and warn that continued violations
will result in the penalties prescribed by this chapter.
(2)
If the coordinator determines that the alarms constitute unexplained
alarms, after two such alarms in a twelve-month period, the coordinator
shall notify the owner or occupant as in Subsetion B(1) above.
For the purposes of defraying the costs of responding to false
alarms and unexplained alarms, the owner, lessee or user of any alarm
system, persons using the services of an intermediary, users of audible
alarms and users of any other kind of alarm systems or any other kind
of direct or indirect connection with emergency service providers
except persons using two-way live voice communication by telephone,
shall, as a condition to registration and continued operation of such
equipment or service, agree that such owner, lessee or user shall
pay the Borough for all false or unexplained alarms originating from
the owner's, lessee's or users premises as follows:
A.
False alarms or unexplained alarms.
(1)
First false alarm: warning.
(2)
Second and third false alarms per calendar year: $50 for each occurrence.
(3)
Fourth and subsequent false alarms per calendar year: $100 for each
alarm.
(4)
More than five false alarms shall result in revocation of the registration
and request that the system be disconnected.
B.
All penalties assessed by the coordinator are due and payable within
10 days at the Borough Office after receipt of the penalty notification.
C.
Monetary penalties collected by the Borough under this chapter will
be transmitted to the emergency service providers responding to the
alarm which resulted in the penalty. Fees and penalties prescribed
by this chapter may from time to time be revised by the Borough Council
by resolution at a public meeting.
Any such owner, lessee or user who fails to execute the registration described in § 47-5, within 90 days from the effective date of this chapter shall, within the ninety-day period, disconnect the alarm system.
An alarm user whose registration has been revoked may apply for a probationary registration. Such probationary registration shall not be given until the coordinator is satisfied that the user's system has been properly serviced and is operating correctly. If the alarm user does not have four or more false or unexplained alarms in a calendar year, he may apply for a permanent registration. The probationary registration must be renewed each twelve-month period at a fee of $50. The penalties described in § 47-11 will apply to alarm systems under probationary registration.
Any user subject to the provisions of this chapter may appeal
any notification of the coordinator by written notice to the Borough
Office with 10 days of such notification and request a hearing. Such
hearings shall be conducted within 30 days by the Borough Council.
The Borough Council, by majority vote, may modify the findings or
penalties assessed by the coordinator within the limits of this chapter.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be subject to pay a fine of not less than $300 and not more than $600, and in default of payment, to imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense. This penalty provision shall apply to any violation of this chapter other than those violations covered under § 47-11.
