[Ord. 1518, 4/8/1985, § 2; as amended by Ord. 2082,
12/13/2010, § 2]
The purpose of this Subpart is to provide regulations and standards
applicable to alarm devices, alarm businesses, alarm agents and alarm
users as defined in this Subpart. This Subpart shall not apply to
burglar, duress, holdup or other Police Department alarms.
[Ord. 1518, 4/18/1985, § 2]
For the purpose of this Part, the following definitions shall
apply:
Any person who is employed by any business, firm, corporation
or other commercial entity that is licensed hereunder to conduct the
business of owning, operating, maintaining, installing, leasing or
selling alarm devices whose duties include any of the following: selling,
maintaining, leasing, servicing, repairing, altering, replacing, moving
or installing, in or on any building, place or premises, any alarm
device as defined in this Part, located within the Borough of Pottstown
or connected to the central alarm monitoring facility.
Any business, firm, corporation or other commercial entity
which is in the business of owning, operating, maintaining, installing,
leasing or selling an alarm device or devices, or system of alarm
devices, which business, firm, corporation or other commercial entity
is, as owner, operator, provider of maintenance service, installer,
lessor or seller of said device, devices or system of devices, subject
to the license requirements of this Part.
Any device, which, when activated by smoke, fire, or other
emergency requiring Fire Department response (exclusive of police
alarms), transmits a signal to the Central Alarm Monitoring Facility
at Police and/or Montgomery County Emergency Dispatch Center, or to
a private central alarm system, and/or produces an audible or visible
signal to which the Fire Department is expected to respond. Excluded
from this definition and from the coverage of this Chapter are alarm
devices which are designed to alert or signal persons within the premises
in which the alarm device is installed of an attempted unauthorized
intrusion, holdup, fire or other emergency, and is not intended to
alert persons outside the premises.
[Amended by Ord. 2082, 12/13/2010, § 3]
Any fire or emergency alarm device or aggregation of police
or fire alarm devices installed on or within a single building or
on or within more than one building or area adjacently located on
a common site, at a specific location.
[Amended by Ord. 2082, 12/13/2010, § 3]
A board consisting of the following: the Police Chief, or
his designee; the Fire Chief, or his designee; and the Borough Public
Works Director, or his designee. The function of the Alarm Review
Board shall be to review disputes arising out of violations of this
Part, including false alarm penalties, alarm device malfunctions and
license or permit suspension or revocation. It shall further be the
function of said Alarm Review Board to recommend prosecution of any
violations of this Part and to make recommendations to the Borough
Manager regarding enforcement of this Part.
[Amended by Ord. 2082, 12/13/2010, § 3]
The term "alarm user" means any person on whose premises
an alarm device is owned, operated, used or maintained.
A facility owned by the Borough of Pottstown and located
at police and/or the Goodwill Fire Station which is monitored by Borough
or Goodwill employees who receive, record and validate alarm signals
transmitted from private alarm devices.
Any facility operated by a private firm that owns or leases
a system of alarm devices, which facility is manned by operators who
receive, record or validate alarm signals and relay information about
such validated signals to police and/or fire headquarters when appropriate.
A telephone device or telephone attachment that automatically
or electronically selects a telephone line connected to police and/or
fire headquarters and reproduces a prerecorded message to report a
criminal act or other emergency requiring police or fire department
response.
A telephone device that electronically selects a predetermined
telephone number and transmits a digital coded signal to the central
alarm monitoring facility at the police and/or fire headquarters.
Any alarm device which transmits a signal over a leased telephone
line to the central alarm monitoring facility.
The term "false alarm" means the activation of an alarm system
through mechanical failure, malicious intent, malfunction, improper
installation, or the negligence of the owner or lessee of an alarm
system or of his or her employer or agents. Such terminology does
not include, for example, alarms caused by hurricanes, tornadoes,
earthquakes or other violate conditions which are clearly beyond the
control of the alarm user.
The radio communications room for the Borough of Pottstown
Fire Department located at the Goodwill Fire Company.
The licensing authority shall be the Borough Manager.
Any alarm device not connected to the central alarm monitoring
facility or to a private central alarm station which, when activated,
causes an audible and/or visual signaling device to be activated on
the exterior of the premises within which the device is installed.
A device which can be used to connect an alarm installation
to the municipal alarm system for reporting a fire.
A mechanical deficiency or other fault or failure in an alarm
device which results in a false alarm.
Any alarm device in which activation of the alarm signal
is initiated by the direct action of the alarm user.
A system of manual pull boxes which are located throughout
the Borough of Pottstown for the use by the public to report a fire.
The radio communications room of the Borough of Pottstown
Police Department located in City Hall.
[Ord. 1518, 4/8/1985, § 2; as amended by Ord. 1735,
4/12/1993]
1.Â
Authority to Grant Licenses, Permits and Identification Cards.
A.Â
The Borough Manager is hereby authorized to grant a revocable license
to any business, firm, corporation or other commercial entity to perform
any or all of the following functions in respect to an alarm device
or devices or system of alarm devices:
B.Â
The Borough Manager is hereby authorized to grant a revocable permit
to any owner of property or the lessee thereof to operate, maintain,
install and modify an alarm device.
2.Â
Application for License; Permits. Applications for licenses and permits
shall be made as follows:
A.Â
All businesses, firms, corporations or other commercial entities
which are in the business of owning, operating, maintaining, installing,
leasing or selling an alarm device or system of alarm devices, who
desire to conduct business which utilizes the Borough alarm system
or Borough Public Safety Departments shall apply to the Borough Manager
for a business license on a form to be supplied by the Borough. The
application shall contain specific information relating to the quality,
efficiency and effectiveness of the device or system of devices owned
or to be operated, maintained, installed, leased or sold by the business
licensee, testing procedures involved, and other information the Borough
Manager shall determine to be reasonably necessary to effectuate the
purpose of this Part. Such application for license shall also include
a description of the alarm device or devices offered for sale or lease
to the public, a description of any services related to alarm devices
offered to the public, and in the case of alarm companies with prior
business in the Borough, a complete list of the names and addresses
of all persons in the Borough to whom or for whom alarm devices have
been sold and/or who are currently under contract to the alarm business
for services. Such business license shall be issued for a one-year
period, on a calendar year basis or part thereof, and no license shall
extend beyond December 31st of each year. Notwithstanding this provision,
a licensed alarm business may conduct such business through January
31st of the year following the expiration of the alarm business license.
B.Â
Any property owner or lessee of property having on such premises
an alarm device or system of alarm devices connected to the Borough
alarm system or relying upon Borough Public Safety Departments for
response, shall apply to the Borough Manager on a form to be supplied
by the Borough, for a permit to own or otherwise have such a device.
No such device may be installed on the premises of the owner or lessee
prior to the issuance of a permit to such owner or lessee, and no
presently existing alarm device shall be modified prior to the issuance
of a permit to such owner or lessee. Such permit need not be obtained
on an annual basis, but shall be obtained each time a device or system
is to be installed or modified.
4.Â
Unlawful to Operate, Maintain, Install, Lease or Sell an Alarm Device
Without a License.
A.Â
It shall be unlawful for any person, business, firm or corporation
to operate, maintain, modify, install, lease or sell an alarm device
or devices or system of alarm devices as defined by the terms of this
Part without first obtaining a license as hereinabove provided.
B.Â
Any person engaged in the business of maintaining, repairing, servicing,
altering, replacing, removing or installing an alarm device or system
of devices shall carry on his person at all times while so engaged,
a copy of his company's license.
5.Â
Denial, Suspension or Revocation of License or Permit and Disconnection
of Alarm System.
A.Â
The Borough Manager may require the denial, suspension or revocation
of any license or permit, or the disconnection of any alarm system
connected to a central alarm monitoring facility at any time the Borough
Manager deems necessary or because of more than four false alarms
in one calendar year, or the violation of any of the provisions of
this Part, or the violation of any standards or regulations promulgated
by the Borough Manager pursuant to this Part. Any license or permit
issued hereunder shall be surrendered to the Borough Manager following
final adverse determination as provided herein.
B.Â
No part of a license fee shall be refunded when a license is suspended
or revoked, or upon termination of a business.
C.Â
Any applicant whose application for a license or permit has been
denied, or any business licensee, owner or lessee whose license has
been suspended or revoked by the Borough Manager or any owner or lessee
whose alarm system has been disconnected for more than four false
alarms in one fiscal year may contest such denial, suspension, revocation
or disconnection in writing to the Alarm Review Board within 10 days
after the date of the notice of denial, suspension, revocation or
disconnection. The Alarm Review Board will make recommendations to
the Borough Manager following its consideration of any contested ruling.
[Ord. 1518, 4/8/1985, § 2; as amended by Ord. 1707,
10/12/1992, and by Ord. 1735, 4/12/1993]
1.Â
Borough Assumes No Responsibility for Such System.
A.Â
Notwithstanding the payment of any fee and/or the issuance of any
permit as herein required, the Fire Department and the Borough of
Pottstown shall be under no obligation whatsoever concerning the adequacy,
the operation or maintenance of the alarm device so installed or of
the operation of the central alarm monitoring facility, and the Borough
of Pottstown and its authorized agents hereby assume no liability
whatsoever for any failure of any such alarm device or the central
alarm monitoring facility, or for failure to respond to any such alarm,
device or system.
[Amended by Ord. 2082, 12/13/2010, § 5]
B.Â
The alarm user or permittee, upon acceptance of such permit, hereby
agrees to hold and save harmless the Borough of Pottstown, its agents
or employees, from any liability whatsoever in connection with any
such alarm device or the operation of the same.
2.Â
Dial Alarm Devices; Using Telephone Switchboard for Prerecorded Voice
Messages Prohibited. No person shall use, or cause or permit to be
used, any dial alarm device that automatically selects a telephone
trunk line of the Police or Fire Department of the Borough of Pottstown
and then reproduces any prerecorded voice messages to report any fire
or other emergency. The use of any dial alarm device which relays
a digital coded signal to the central alarm monitoring facility is
permitted under this Part.
[Amended by Ord. 2082, 12/13/2010, § 5]
3.Â
Intentional False Alarm. It shall be a violation of this Part to
intentionally cause a false alarm, and any person who does intentionally
cause a false alarm shall be subject to the penalty provision of § 106
of this Part.
4.Â
False Alarm Charges.
[Amended by Ord. 2082, 12/13/2010, § 5]
A.Â
Alarms Connected to Central Alarm Monitoring Facility. Any owner
or lessee of property having an alarm device or system of devices
on such premises, and any user of services or equipment furnished
by a licensee under this Part, and connected to the central alarm
monitoring facility, shall pay to the Borough a charge for each and
every false alarm to which the Fire Department responds in each calendar
year, as follows: Beginning the 91st day next following the date of
completion of the initial installation of a system and continuing
thereafter, a service fee, in an amount as established from time to
time by resolution of Borough Council, shall be charged for each false
alarm to which police response was made and another fee, in an amount
as established from time to time by resolution of Borough Council,
shall be charged for each false alarm to which fire response was made
at installations within the limits of the Borough of Pottstown, and
a service fee, in an amount as established from time to time by resolution
of Borough Council, shall be charged for each false alarm at installations
without the limits of the Borough of Pottstown.
B.Â
Privately Monitored and Local Alarm Devices.
(1)Â
Any owner or lessee of property having a privately monitored
or local alarm device on such premises and any user of services or
equipment furnished by a license under this Part shall pay to the
Borough a charge for each and every false alarm to which the Fire
Department responds in each calendar year.
(2)Â
Beginning the 91st day next following the date of completion
of the initial installation of a system and continuing thereafter,
a service fee, in an amount as established from time to time by resolution
of Borough Council, shall be charged for each false alarm to which
police response is made, and another fee in an amount as established
from time to time by resolution of Borough Council shall be charged
for each false alarm to which fire response was made at installations
within the limits of the Borough of Pottstown, and a service fee in
an amount as established from time to time by resolution of Borough
Council shall be charged for each false alarm at installations without
the limits of the Borough of Pottstown.
(3)Â
The above charges will be collected by the Borough. Failure
to pay a false alarm charge shall subject such alarm owner, lessee
or user to removal of his alarm device from the central alarm monitoring
facility and/or the penalty provisions of this Part. Any alarm owner,
lessee or user charged with a false alarm may, within 10 days of receipt
of the notice of the charge, contest such in the manner provided in
§ 102 of this Part.
5.Â
Installation and Maintenance Charges.
A.Â
Direct Alarm. The installation charge for any direct alarm system
inside the Borough of Pottstown shall be in an amount as established
from time to time by resolution of Borough Council for each monitor
station. There shall be an annual maintenance charge in an amount
as established from time to time by resolution of Borough Council
every such residential property that is a part of the system, and
an annual maintenance charge in an amount as established from time
to time by resolution of Borough Council for every such commercial
or industrial location that is a part of the system.
B.Â
Digital Communicator. The installation charge for any digital communicator
alarm system inside the Borough of Pottstown shall be in an amount
as established from time to time by resolution of Borough Council
for each monitor station. There shall be an annual maintenance charge
in an amount as established from time to time by resolution of Borough
Council for every such residential property that is a part of the
system, and an annual maintenance charge in an amount as established
from time to time by resolution of Borough Council for every such
commercial or industrial location that is a part of the system.
C.Â
The installation charge for any digital communicator system outside
the Borough of Pottstown shall be in an amount as established from
time to time by resolution of Borough Council for each monitor station.
There shall be an annual maintenance charge in an amount as established
from time to time by resolution of Borough Council for every such
residential property that is a part of the system, and an annual maintenance
charge in an amount as established from time to time by resolution
of Borough Council for every such commercial or industrial location
that is a part of the system.
D.Â
Goodwill Terminal. Alarms which terminate at the Goodwill Fire Station
shall pay charges to the Goodwill Company as determined by the Goodwill
Company.
6.Â
Removal of Unlawful Equipment. In addition to any other remedy provided
by law, the Borough Manager, whenever he shall have knowledge of the
use of any alarm device, cabinet or attachment which is not operated
or maintained in accordance with the provisions of this Part, or which
is contrary to regulations promulgated pursuant to this Part, may
order the disconnection of such device from police and fire headquarters,
and it shall be unlawful to disobey such order.
7.Â
Rules, Regulations, Standards and Enforcement. The Borough Manager
shall promulgate rules, regulations and standards applicable to alarm
devices, alarm businesses, alarm agents and alarm users which are
necessary for the purpose of assuring the quality, efficiency and
effectiveness of alarm devices and alarm installations owned, operated,
maintained, installed, leased or sold by a licensee under this Part.
The Borough Manager shall administer and enforce the provisions of
this Part. The aforesaid rules, regulations and standards shall be
set forth in writing and copies shall be available for applicants.
[Ord. 1518, 4/8/1985, § 2; as amended by Ord. 2082,
12/13/2010, § 6]
1.Â
Direct
Alarm Systems. The Borough Manager is hereby authorized to prescribe
the location and manner of installation of all cabinets, accessories,
connections, and equipment of an approved direct alarm system within
police and fire headquarters for the purpose of providing a direct
alarm system where the visible and audible signals therefrom may be
readily seen and heard by police and fire personnel.
2.Â
Local
Alarm Devices. All alarm devices, including local alarm devices, will
be equipped with an automatic shutoff device which will shut off the
alarm after 15 minutes of activation.
3.Â
Exceptions.
None of the provisions of this Subpart shall apply to an alarm device
or devices installed in a motor vehicle or trailer, nor to employees
of a public utility company engaged in the business of providing communication,
services or facilities.
4.Â
Automatic
Protection Devices Repair Service.
A.Â
Each
alarm equipment supplier who sells or leases an automatic protection
device in the Borough which is keyed to a designated trunk line shall
make service available directly or through an agent on a twenty-four
hour-per-day basis seven days a week to repair such device or to correct
any malfunction that may occur. Such service shall be made available
for any person using an automatic protection device supplied.
B.Â
At the
time of installation, an alarm equipment supplier shall furnish to
any buyer or lessee using a repair service written information as
to how service may be obtained at any time, including the telephone
number of the alarm equipment supplier or agent responsible for service.
The buyer or lessee and the alarm equipment supplier or agent supplying
a service shall be responsible for having the device disconnected
or repaired as quickly as possible after notice that the automatic
protection device is not functioning properly.
5.Â
Automatic
Protection Device; Authority to Inspect. For the purpose of enforcing
this Subpart and as a condition of installing and maintaining an automatic
protection device, the owner or lessee thereof shall execute a consent
in such form as may be prescribed by the Manager, which will authorize
the Building Official, the Chief of Police and the Fire Marshal to
enter upon a lessee’s or owner’s premises within the Borough
of Pottstown, at such reasonable times and upon reasonable notice,
to inspect the installation and operation of an automatic protection
device.
6.Â
Continuance
of Service. The Borough shall not be obligated to continue alarm monitoring
service to any resident who has, at the effective date of this Subpart,
any outstanding penalty for violations of any sections of this Subpart.
