[HISTORY: Adopted by the Council of the Borough of Baden 10-15-1997
by Ord. No. 842. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
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.
Any resident person, corporation, institution or company who has
connected an alarm system in the Borough to a designated or trunk line.
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.
The person, firm, partnership, association, corporation, company
or organization of any kind in control of premises wherein an alarm system
is maintained.
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.
A telephone line or lines serving the Police Department that are
designated to receive calls from automatic dialing devices.
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.
The Baden Borough Volunteer Fire Department.
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.
The Baden Borough Police Department.
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.
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:
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.
