Borough of Baden, PA
Beaver County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Baden 10-15-1997 by Ord. No. 842. Amendments noted where applicable.]

§ 43-1
Purpose and scope. 

§ 43-2
Definitions. 

§ 43-3
Permit required. 

§ 43-4
Liability; false alarms; charges. 

§ 43-5
Notice of false alarms. 

§ 43-6
General standards. 

§ 43-7
Nonliability of Borough. 

§ 43-8
Violations and penalties. 

A. 

The purpose of this chapter is to protect the emergency services of the community from misuse.

B. 

This chapter governs all alarm systems, requires permits, establishes fees, provides for punishment of violations and establishes a system of administration.

As used in this chapter, the following terms shall have the meanings indicated:

ALARM BUSINESS
The business by any individual, partnership, corporation or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility.
ALARM SUBSCRIBER
Any resident person, corporation, institution or company who has connected an alarm system in the Borough to a designated or trunk line.
ALARM SYSTEM
Any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which the Police Department or Fire Department is expected to respond.
ALARM USER
The person, firm, partnership, association, corporation, company or organization of any kind in control of premises wherein an alarm system is maintained.
AUTOMATIC DIALING SERVICE
A device which is interconnected to a telephone line and is programmed to transmit by voice message or code signal to a designated trunk line (selected telephone number other than a primary trunk line) indicating a need for emergency response.
DESIGNATED TRUNK LINE
A telephone line or lines serving the Police Department that are designated to receive calls from automatic dialing devices.
FALSE ALARM
An emergency alarm activated by inadvertence, negligence or unintentional acts to which the Borough Police Department or Fire Department responds, including malfunction of the alarm system. The definition excludes malfunction of the indicator at the police station; malfunction, testing or repairing of telephone equipment or lines; acts of God, such as earthquakes, floods, windstorms, thunder or lightning; an attempted illegal entry of which there is visible evidence; the user acting under a sincere belief that a need exists to call the Police Department or Fire Department; and a call to police canceling the alarm by giving the proper identification number, prior to arrival of the Police Department or Fire Department. If a doubt exists as to the cause of a false alarm, the Chief of Police or the Chief of the Fire Department shall resolve it in favor of the alarm user. Multiple alarms received by the Police Department before the system can be deactivated within a reasonable period of time shall be considered a single alarm.
FIRE COMPANY
The Baden Borough Volunteer Fire Department.
INTERCONNECT
To connect an alarm system, including an automatic dialing device, to a telephone line, either directly or through a mechanical device that utilizes a telephone, for the purpose of using the telephone line to transmit a message upon the activation of the alarm system.
POLICE DEPARTMENT
The Baden Borough Police Department.
PRIMARY TRUNK LINE
A telephone line or lines serving the Police Department that is designated to receive emergency calls.
A. 

Within 180 days from the effective date of this chapter, all alarm users shall obtain an alarm user's permit for each premises from the Borough Secretary. Application for the alarm user's permit will be filed with the Borough Secretary on an application form to be designated by the Borough. Each permit shall bear the signature of the Borough Secretary and shall be available for inspection by the Borough.

B. 

No fee shall be charged for the application for permit.

C. 

All information furnished pursuant to this section shall be kept confidential and shall be for the exclusive use of the Borough.

A. 

Each subscriber shall enter into an agreement with the Borough of Baden whereby the Borough shall be held harmless for any damage or breakage caused by the Borough while making forced entry to answer an alarm, whether false or authentic.

B. 

False alarms.

(1) 

Each subscriber or user shall be required to pay the following charges for false or accidental activation of alarms where police respond:

(a) 

Up to three false or accidental alarms within any twelve-month period: no charge.

(b) 

Four to six false or accidental alarms within any twelve-month period: a charge of $50 for each false or accidental alarm.

(c) 

Seven to 10 false or accidental alarms within any twelve-month period: a charge of $75 for each false or accidental alarm.

(d) 

Eleven or more false or accidental alarms within any twelve-month period: a charge of $100 for each false or accidental alarm.

(2) 

Each subscriber or user shall be required to pay the following charges for false or accidental activation of alarms where fire fighters respond:

(a) 

Up to three false or accidental alarms within any twelve-month period: no charge.

(b) 

Four to six false or accidental alarms within any twelve-month period: a charge of $50 for each false or accidental alarm.

(c) 

Seven to 10 false or accidental alarms within any twelve-month period: a charge of $75 for each false or accidental alarm.

(d) 

Eleven or more false or accidental alarms within any twelve-month period: a charge of $100 for each false or accidental alarm.

(3) 

The charges in Subsection B(1) and (2) are to be assessed for each alarm received or reported within the aforementioned category.

A. 

Upon receipt of the second false or accidental alarm within a twelve-month period to which police respond or upon receipt of the first false or accidental alarm within a twelve-month period to which fire fighters respond, the Baden Borough Police Department shall notify, in writing, the subscriber or user at his last known address. The subscriber or user shall be responsible for notifying the Baden Borough Police Department of a change of address within 30 days. Compliance with this subsection by the Police Department shall be a precondition to assessment of penalty.

B. 

Upon receipt of any false or accidental alarm in excess of two to which police respond or in excess of one false or accidental alarm to which fire fighters respond, the Baden Borough Police Department shall notify, in writing, the subscriber or user, stating:

(1) 

The number of false or accidental alarms received during the current twelve-month period; and

(2) 

The penalty fee assessed to the subscriber or use in accordance with § 43-4.

C. 

The subscriber or user shall have 30 days upon receipt of notice to pay the assessed false alarm fee.

D. 

Failure of the subscriber and/or user to respond to notice sent or refusal to pay the fee required shall constitute a violation of this chapter, subject to the penalties provided in § 43-4.

E. 

It shall be unlawful to intentionally activate a holdup alarm to summon police or fire fighters except for the reporting of the specific occurrence intended by the alarm.

A. 

The sensory mechanism used in connection with any alarm system must be adjusted to suppress false indications of intrusion so that the device will not be activated by impulses due to fleeting pressure changes in water pipes, flashes of light, the rattling or vibrating of doors and windows, the vibrations of the premises caused by passing vehicles or any other force not related to genuine alarm. All such devices must be maintained by the user in good repair to ensure maximum reliability of operation. For the purposes of this chapter, any alarm transmitted or activated without any physical sign of entry or fire, other than a reported holdup, shall be construed to be a false alarm.

B. 

In the event that two or more false alarms from unrelated locations are received within a relatively short period of time, the Police Department or Fire Department may, in its sole discretion, not credit such false alarms to the subscribers or users if, in their judgment, such false alarms were caused by unusual phenomena, such as an intense electrical storm or a nearby explosion, that would activate even a properly adjusted alarm.

C. 

Automatic dialers, where a recorded voice message is received, shall transmit a message approved by the Chief of Police. Said equipment shall not make more than two telephone calls to the Police Department. The message shall be no longer than 30 seconds in duration and shall not be repeated more than twice.

D. 

The equipment shall not be keyed to the primary telephone lines of the Police Department but shall only be keyed to designated phone numbers.

E. 

Audible alarms shall be designated to deactivate after five minutes of operation. After 180 days from the effective date of this chapter, all automatic alarm systems and audible alarms not in compliance with this requirement shall be unlawful and must be disconnected.

This chapter or any agreement resulting therefrom shall not constitute acceptance by the Borough of Baden for any liability to maintain any equipment or to answer any alarm or other occurrence in connection therewith.

Any person who violates any of the provisions of this chapter, with the exception of § 43-4B, shall, upon conviction in a summary proceeding, be punishable by a fine of not more than $300 and costs of prosecution for each and every offense or by imprisonment for a period not to exceed 90 days, or both. Each day that such violation is continued shall constitute a new and separate offense, punishable by like fine, penalty or imprisonment.