[HISTORY: Adopted by the Borough Council of the Borough of Tarentum
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-8-1996 by Ord. No. 96-1]
As used in this article, the following terms shall have the meanings
indicated:
Includes alarms commonly referred to as "burglar alarms" and "holdup
alarms."
The use of police, fire and burglar alarm systems, whether audible or
direct line type of alarms, are expressly permitted, subject to the following
conditions:
A.
Direct line radio or other electronic police, fire or
burglar alarm systems shall be installed by competent workmen so that such
devices shall not emit false alarms.
B.
Any alarm system that produces false alarms shall constitute
a public nuisance if such system activates more than one false alarm in any
thirty-day period or two false alarms in any ninety-day period or three false
alarms in any one-hundred-eighty-day period or four false alarms in any three-hundred-sixty-five-day
period.
C.
Any police officer or fireman who responds to a false
alarm shall report the same to the Chief of Police, who shall monitor and
maintain records concerning such false alarms.
D.
When any alarm system constitutes a public nuisance as
set forth hereunder, the Chief of Police shall notify the owner of the system
that it has activated more false alarms than is permissible hereunder and
that any future false alarms shall result in the prosecution for violation
of this article.
E.
Notice as required by this article shall be given by
the Chief of Police by mailing a copy by certified mail, return receipt requested,
or by personal service of such notice by handing a copy of the same to the
owner or tenant of the subject property or to an adult representative thereof.
If service is made in person, the Chief of Police or his or her designee shall
file a proof of service which shall be under oath and which shall designate
the person upon whom service was made.
F.
For the purpose of this article, the owner of real estate
or tenant of real estate on which an alarm system is placed and used shall
be considered, both or severally, the person responsible for its proper maintenance
and use.
G.
In addition to any penalty provided hereunder, upon notifying
the owner that the police, fire or burglar alarm system constitutes a public
nuisance, the Chief of Police shall also notify the telephone answering service
of the system, the Tarentum Borough police dispatch and any other agency handling
the system that the system has been declared a public nuisance and that the
system should be disconnected and/or its signal ignored.
No owner of property or persons in charge of real property or tenant
shall use or permit to be used any police, fire or burglar alarm system that
has previously been declared a public nuisance as provided herein. If any
false alarms are given by such system following the date of the receipt of
notice as set forth herein, the false alarm shall be unlawful and shall constitute
a violation of this article.
All outdoor audible alarms that are activated falsely shall be subject
to the same conditions applicable to direct line radio or other electronic
calls that result in false alarms.
Following notice by the Chief of Police that a police, fire or burglar
alarm system constitutes a public nuisance, the owner of such system may file
an affidavit with the Chief of Police indicating under oath that the false
alarms previously caused by such system were caused by a known mechanical
or other defect within the system, not to include improper use. Such owner
may verify and shall include a statement by competent workmen or repairmen
in the field that such system was defective and such deficiency has been corrected.
Upon the filing of such affidavit with appropriate exhibits, the false alarm
history concerning the premises shall be considered void and of no legal effect.
Where false alarms have originated from negligent use or a combination of negligent use and a defective system, in order to terminate the finding that the system is a public nuisance, an owner shall comply with the provisions of § 80-5 and, in addition, file an affidavit explaining the steps that have been taken to correct the negligent use which has resulted in false alarms. Upon acceptance of such affidavits by the Chief of Police, the declaration of the alarm system as a public nuisance shall be considered void and of no legal effect. Subject, nevertheless, that should such a system be declared a public nuisance as provided in § 80-2, within a period of one year following reinstatement under this section or § 80-2, use of such system shall terminate for a period of one year before this section shall be used to reinstate service.
Any permission to install a police, fire or burglar alarm system granted
by the Chief of Police shall be predicated upon the specific condition that
should such system prove to constitute a public nuisance as defined hereunder,
then the alarm system shall be terminated also as provided herein.
Whoever violates any of the provisions of this article shall, in a summary proceeding before the District Justice in which the violation occurred, be required to pay a fine not exceeding $600 for each false alarm received after notice is provided as prescribed in § 80-3. In addition, each false alarm received after notice as provided shall constitute a separate offense, and upon a second offense, the fine shall be no more than $600. For any third and successive offense occurring within one year, the fine shall be no more than $600. Any other violations of this article shall result in the payment of a fine not exceeding $600, together with cost of suit. In any case where the Chief of Police has declared an alarm system to be a public nuisance, the Borough Solicitor may bring legal proceedings in equity or otherwise to prohibit the continued use of such system and to collect any and all damages on behalf of the borough resulting from the use of such system, including all costs and attorney fees.
