[Ord. 2082, 12/13/2010, § 8]
The purpose of this Subpart is to encourage the proper and effective
use of alarm systems by setting forth regulations governing burglary,
duress, and/or Holdup alarm systems within the Borough.
[Ord. 2082, 12/13/2010, § 8]
For the purpose of the Subpart, the following definitions shall
apply:
Any person or entity in the business of selling, providing,
monitoring, maintaining, servicing, repairing, altering, replacing,
moving or installing an alarm device or system in or at any alarm
site. Such businesses or companies shall be licensed in accordance
with the provisions of § 103 of this Part.
A notification to a law enforcement agency that an alarm,
either manual or automatic, has been activated at a particular alarm
site.
A single fixed premises or location served by an alarm system
or systems that is located in the Borough of Pottstown. Each unit,
if served by a separate alarm system in a multi-unit building or complex,
shall be considered a separate alarm site.
A device or series of devices, including, but not limited
to, hardwired systems and systems interconnected with a radio frequency
method such as cellular or private radio signals, which emit or transmit
a remote or local audible, visual, or electronic signal indicating
an alarm condition and intended to summon a law enforcement response.
Alarm system does not include an alarm installed in a vehicle or on
someone's person unless the vehicle or person is located at an
alarm site and the alarm is interfaced with a system located at an
alarm site.
A person who files an application for a new or renewal permit
as provided in this Part.
A device from which the alarm system is turned on (armed)
and off (disarmed).
An alarm system that generates an audible sound at the alarm
site when it is actuated.
A mechanism that will cause the alarm system to shut off
and/or reset within 15 minutes of actuation.
A facility owned by the Borough of Pottstown and located
at the Police Department that is monitored by Borough employees who
receive, record, validate, and dispatch police to burglar, duress,
and/or holdup alarm signals transmitted from private alarm systems.
An alarm system designed or used to detect and report an
unauthorized and/or attempted entry or exit to, from or upon the alarm
site.
A police response to an alarm, where the response is cancelled
by the alarm company or an authorized person at the alarm site prior
to the arrival of any responding police unit. Cancelled alarms are
not considered false alarms. Duress and/or holdup alarms may not be
cancelled.
The Borough of Pottstown, Montgomery County, Pennsylvania.
A device which automatically telephones the Pottstown Police
Department and delivers a prerecorded message upon the alarm activation
of an alarm system.
A silent and/or audible alarm signal generated by the entry
of a designated code into the arming station in order to signal that
the alarm user is being forced to turn off the alarm system or is
in immediate danger and requires a law enforcement response.
Two or more false alarms within a twelve-month period, whether
the type was a burglar, duress, or holdup alarm. The rolling twelve-month
period will consist of the 12 months preceding a alarm event. A twelve-month
period will not consider any alarm event prior to the effective date
of this Subpart.
An alarm dispatch request to a law enforcement agency when
the law enforcement officer finds no evidence of a criminal offense
or attempted criminal offense after having completed a timely investigation
of the alarm site. Alarms caused by power outage, sever storms, earthquakes,
or other violent acts of nature are not false alarms and shall not
be included in determining an excessive false alarm; provided, however,
that is the permittee's burden to prove clear and convincing
evidence that the alarm is not a false alarm.
A silent alarm signal generated by the manual activation
of a device intended to signal a robbery in progress or immediately
after a robbery has occurred.
Written notice, served either by personal service or by United
States mail, first class postage prepaid, addressed to the person
to be notified at their last known address. Service of such notice
shall be effective upon the completion of personal service or 48 hours
after placing the notice into the custody of the United States Postal
Service.
Any person granted a permit, as provided herein, and his/her
or its agents and representatives.
Any audible noise similar to that which must be sounded by
an authorized emergency vehicle under the conditions set forth in
the Pennsylvania Motor Vehicle Code.
An alarm or signal resulting from the actual detection of
an unauthorized and/or attempted entry or exit to, from or upon the
alarm site, an actual situation of duress at an alarm site, or an
actual holdup at an alarm site alerting the Pottstown Police Department
and/or others of the commission of an unlawful act at the alarm site
and consistent with the type of alarm signal transmitted.
[Ord. 2082, 12/13/2010, § 8]
Standards and regulations for the construction, installation,
and maintenance of burglar, duress, and/or holdup alarm systems and
related devices installed within the Borough are prescribed by §§ 104,
120, 121, 122, and 123 of this Part. All alarm systems and related
devices are required to meet or exceed such standards and regulations
before any permits may be issued pursuant to this Subpart. The Chief
of Police may require inspection of any burglar, duress, and/or holdup
alarm system installed within the Borough during the permitting process.
[Ord. 2082, 12/13/2010, § 8]
1.
It shall be unlawful for alarm businesses/companies, firms, corporations,
or persons engaged in the operation, maintenance, modification, installation,
and/or sale of alarm devices and/or alarm systems as defined by the
terms of this Part to operate without first obtaining a license to
conduct business from the Borough.
A.
Such license shall be obtained by making proper application to the
Borough's Codes Department and paying a license fee in an amount
as established from time to time per calendar year, or part thereof,
by resolution of Borough Council.
2.
Individual Users. It is unlawful to activate, operate, or maintain
any burglar, duress, and/or holdup alarm system upon any premises
within the Borough without first obtaining an alarm system permit
to do so.
3.
Alarm Installers. It is unlawful to connect, activate, repair, service,
alter, remove or install a burglar, duress, and/or holdup alarm device
and/or system within the Borough without first obtaining an alarm
system permit to do so.
A.
In addition, alarm installers shall carry on his/her person at all
times, while so engaged, a copy of his/her alarm business/company
license to conduct business.
[Ord. 2082, 12/13/2010, § 8]
1.
Alarm system permits shall only be issued to the resident or owner
of a single-family dwelling when said dwelling is the alarm site;
the tenant occupying the unit of a multifamily building or complex
when that unit is the alarm site; the executive director of a nonprofit
when that nonprofit occupies the alarm site; and the principal owner
or written designee of any retail or commercial establishment occupying
the alarm site.
2.
Any person desiring an alarm system permit shall file an application
with the Police Department on a form provided by the Police Department,
manually or electronically, which includes, but is not limited to,
the following information:
A.
The name and address of the applicant;
B.
If different than above, the address of the alarm site at which the
alarm system is to be installed and used;
C.
If the applicant is a corporation, the names and addresses of its
principal officers;
D.
If the applicant is a partnership, association, or other business
entity, the names and addresses of the partners or persons comprising
the same;
E.
A description of the alarm system that is proposed to be installed,
including the manufacturer's name and model number, if any;
F.
The name, addresses and phone numbers of at least three persons who
would be able to respond to and to secure the premises (alarm site)
during any hour of the day or night; and
G.
Any such additional information that may be deemed necessary in order
to fully and properly administer this Part.
3.
In the interest of public safety, and as permitted by State law,
all information contained in and gathered through the alarm permit
applications, records relating to alarm dispatch requests and applications
for appeals shall be held in confidence by all employees or representatives
of the Borough and by any third-party administrator or employees of
a third-party administrator with access to such information.
4.
Whenever any change occurs relating to the information required by
this Section, the applicant or permittee shall give written notice
thereof to the Pottstown Police Department within 10 days after such
change.
5.
An alarm system permit may be denied if the application is not in
the form and/or does not contain all information or fees required
by this Part.
[Ord. 2082, 12/13/2010, § 8]
Alarm system permits are issued for the period of one year and
will expire 365 days after the date of issuance or renewal, unless
otherwise suspended or revoked at an earlier time. Upon expiration
of an alarm system permit, a new permit shall be secured in the manner
specified in §§ 115 and 118 of this Subpart before
an alarm system may continue in use.
[Ord. 2082, 12/13/2010, § 8]
1.
Alarm permits may not be transferred to another person, entity, or
alarm site. Permits are valid only for the permittee and alarm site
address listed on the permit.
2.
Penalty. Violations of this Section are subject to the penalty provisions
in Subpart C, as well as possible suspension and/or revocation of
the alarm system permit.
[Ord. 2082, 12/13/2010, § 8]
Every initial application and subsequent renewal for an alarm
system permit shall be accompanied by a nonrefundable permit fee.
The fee is established to defray costs of processing applications
and permits and shall be in addition to any other permit fee imposed
by the Borough of Pottstown Code of Ordinances. The alarm system permit
fee imposed shall be in an amount as established from time to time
per calendar year, or part thereof, by resolution of Borough Council.
[Ord. 2082, 12/13/2010, § 8]
The provisions set forth in this Subpart shall apply to all
alarm systems which were installed, connected, operated, or maintained
on or prior to the effective date of this Part. However, such alarm
systems shall be given a grace period of 90 days, ending March 31,
2011, to obtain an alarm system permit and to bring the alarm system
into compliance with Borough alarm system standards. The rolling twelve-month
period, as defined in § 116 of this Subpart, shall begin
upon the effective date of this Subpart.
[Ord. 2082, 12/13/2010, § 8]
Any alarm company or business engaged in the business of monitoring
alarm systems located within the legal boundaries of the Borough shall:
B.
Before making an alarm dispatch request for a police response to
an alarm signal, attempt to verify every burglar alarm signal by a
telephone call to the alarm site. Verification calls should not be
made in response to a duress or holdup alarm signal.
C.
Only report alarm dispatch requests by using the telephone numbers
designated by the Chief of Police.
D.
Communicate alarm notifications to the Borough in a manner and form
determined by the Chief of Police.
E.
On a monthly basis provide to the Chief of Police a report that contains
the name, address, telephone number, and date of activation of all
current subscribers within the Borough's jurisdictional boundaries.
[Ord. 2082, 12/13/2010, § 8]
1.
Every nonresidential alarm site maintaining an alarm system that
has an outside audible alarm shall post a notice containing the names
and phone numbers of the persons to be notified in order to deactivate
the audible alarm, render repairs and service, or secure the alarm
site during any hour of day or night in the event that the alarm is
activated. Such notice shall be posted near the outside audible alarm
in such a position so as to be legible from the ground level adjacent
to the building where the alarm device is located. The wording "Police
Alarm – call the Pottstown Police Department – Dial 911"
shall be placed on the outside audible alarm or immediately below
the alarm device.
A.
It shall be unlawful to install or use an alarm system which, upon
activation, emits a sound similar to sirens in use on public emergency
vehicles or for public disaster warning services.
B.
All alarm systems with alarm site outside audible alarm devices,
bells, gongs, noise-making devices, steady or pulsating lights and/or
audible alarm devices, bells, gongs, noise-making devices that can
be heard from outside of the alarm site shall have an alarm shutoff
device that will turn off, reset, or silence such audible and/or visual
alarm signals within 15 minutes following the initial alarm activation.
2.
Penalty. Violations of this Section are subject to the penalty provisions
in Subpart C, as well as possible suspension and/or revocation of
the alarm system permit.
[Ord. 2082, 12/13/2010, § 8]
1.
No person shall use, or cause or permit to be used, any direct dial
alarm system that automatically selects a telephone trunk line of
the Pottstown Police Department and then reproduces any prerecorded
voice messages to report a burglary, robbery, duress, medical emergency,
fire or other emergency.
A.
The use of any dial alarm device which relays a digital coded signal
to the Borough's Central Alarm Facility located within the Police
Department is permitted under this Part.
2.
Penalty. Violations of this Section are subject to the penalty provisions
in Subpart C, as well as revocation of the Alarm System Permit.
[Ord. 2082, 12/13/2010, § 8]
1.
Each and every time an alarm is activated and there is no responsible
party at the alarm site, an agent of the business or, if the alarm
is residential, a responsible party shall respond to the alarm site
within 30 minutes, for the purpose of resetting and/or deactivating
the alarm system.
A.
Alarm systems shall be adjusted/set so that, upon activation, the
system will not transmit another alarm signal without first being
manually reset.
B.
Each alarm notification shall be treated as a separate notification
and will be treated individually for purposes of calculating excessive
false alarms.
2.
Penalty. Violations of this Section are subject to the penalty provisions
in Subpart C, as well as possible suspension and/or revocation of
the alarm system permit.
[Ord. 2082, 12/13/2010, § 8]
1.
Whenever the Police Department responds to an excessive false alarm,
the permittee shall be assessed a false alarm charge as described
within this Section, as well as possible suspension and/or revocation
of the alarm system permit. Borough Council shall amend and modify
by resolution the amount of the false alarm charges from time to time.
A.
The initial amount of the false alarm charges shall be determined
by the combined number of both burglary and duress/holdup false alarms
during a rolling twelve-month period in the amounts set forth below.
|
Alarm Within Prior 12 Months
|
False Alarm Charge Burglar
|
False Alarm Charge Duress/Holdup
| |
|---|---|---|---|
|
First and Second
|
$0
|
$0
| |
|
Third
|
$0
|
$50
| |
|
Fourth and Fifth
|
$50
|
$100
| |
|
Sixth and Seventh
|
$100
|
$200
| |
|
Eighth +
|
Suspension + $150 Reinstatement Fee
|
Suspension + $250 Reinstatement Fee
|
2.
Failure to pay the false alarm charge when due, in addition to any
other available remedy, may lead to suspension and/or revocation of
the alarm system permit and additional fees, associated with collection
and possible reinstatement, in an amount as established from time
to time by resolution of Borough Council.
A.
The false alarm charges may be waived by the Chief of Police or designee
for false alarms upon presentation of substantial evidence showing
extenuating, mitigating, or extraordinary facts and circumstances,
and where the permittee has undertaken action to correct alarm system
deficiencies.
3.
Cancelled alarms are not counted in the above schedule unless officers
arrived on the scene prior to cancellation.
[Ord. 2082, 12/13/2010, § 8]
Unless there is a separate indication that there is a crime
in progress, the Chief of Police may reduce the priority or refuse
police response to an alarm site after the denial, suspension, or
revocation of an alarm system permit. The following shall constitute
grounds for denial, suspension, and/or revocation of the Alarm System
Permit:
1.
Failure to pay any fines, fees, and/or charges imposed as a result
of any violation of any Section of this Subpart;
2.
Failure to comply with the standards or regulations adopted pursuant
to this Subpart; or
3.
Where the applicant, permittee, or the employee or agent of the applicant
or permittee has knowingly made any false, misleading, or fraudulent
statement of a material fact in the application for a permit or in
any report or record required to be filed with any Borough department.
[Ord. 2082, 12/13/2010, § 8]
1.
If the Chief of Police denies the issuance of a permit or suspends
or revokes a permit issued under this Subpart, the Chief of Police
shall serve the permittee with a written order stating the reasons
for the denial, suspension, or revocation of the permit. The order
shall be effective immediately upon service and, unless there is a
separate indication that there is a crime in progress, the Chief of
Police may refuse police response to the alarm site after the suspension
or revocation of an alarm system permit.
A.
Alarm system permit suspensions shall be for a period of 45 calendar
days.
2.
It is unlawful to operate or use any alarm system after service of
a notice of denial, suspension, or revocation of the alarm system
permit.
3.
The Chief of Police may reconsider the denial, suspension, or revocation
of an alarm system permit or reinstate a suspended permit, provided
that, within 45 days of the denial or suspension, the applicant or
permittee has established to the satisfaction of the Chief of Police
that the alarm system will be operated in accordance with this Subpart,
by complying with the following requirements:
A.
Provide a letter from an alarm company licensed by the Commonwealth
of Pennsylvania indicating that the alarm system has been completely
checked and any mechanical malfunctions have been repaired;
B.
Agree, in writing, that an agent of the business, or if the alarm
is residential, a responsible party, shall respond to the alarm site
within 30 minutes, each time the alarm is activated;
C.
Review correct alarm setting and deactivation procedures with every
resident, agent, employee or other person(s) who may be responsible
for user error alarm system activations and verify same in writing
upon completion;
D.
Pay in full all outstanding penalties, fines, fees, and/or charges
imposed as a result of any violation of any Section of this Subpart;
and
E.
Any other reasonable procedures, conditions, or requirements as may
be established by the Chief of Police.
4.
The decision of the Chief of Police to suspend an alarm system permit,
or the refusal of the Chief of Police to reinstate a permit may be
appealed in writing by any interested person to the Borough Council's
Public Safety Committee within 15 calendar days of the decision and
upon payment of any fines, fees, and/or charges due.
5.
Any denial to issue an alarm system permit which has not been appealed
within 45 days of such denial shall be final. Any suspended permit
which is not reinstated within 45 days of the suspension shall automatically
be deemed revoked. No revoked permit shall be reissued until six months
after the effective date of the revocation, at which time a new application
may be filed pursuant to § 115 of this Subpart.
[Ord. 2082, 12/13/2010, § 8]
Individuals and entities may install a signal line directly
to the Borough's Central Alarm Facility for the purpose of reporting
burglaries and robberies. If such an arrangement is made, such installation
shall be subject to satisfying any and all applicable requirements
contained in this Part 1, Alarm Monitoring Systems.
[Ord. 2082, 12/13/2010, § 8]
2.
Penalties.
A.
Any alarm system deemed a public nuisance two times will be subject
to a nuisance charge in an amount as established from time to time
by resolution of Borough Council on the second occurrence.
B.
Any alarm system deemed a public nuisance three times will be subject
to nuisance charge in an amount as established from time to time by
resolution of Borough Council.
[Ord. 2082, 12/13/2010, § 8]
All remedies shall be cumulative, and the use of one or more
remedies by the Borough shall not bar the use of any other remedy
for the purpose of enforcing the provisions of this Subpart.
