[HISTORY: Adopted by the Borough Council of the Borough of Jacobus 6-2-1999 by Ord. No. 99-142 (Ch. 13, Part 4, of the 1984 Code of Ordinances); amended in its entirety 5-7-2014 by Ord. No. 2014-2. Subsequent amendments noted where applicable.]
This chapter is enacted for the purpose of providing rules and regulations concerning the approval and regulation of alarm devices and automatic dialing devices in accordance with 18 Pa.C.S.A. § 7511, Act 70 of 1998, as amended.
The following terms, phrases and words shall have the meanings given in this section, unless it is apparent from the context that a different meaning is intended:
- A communication to a public safety agency indicating that a crime, fire or other emergency warranting immediate action by an appropriate public safety agency has occurred or is occurring.
- ALARM DEVICE
- A device designated to automatically transmit an alarm:
- AUTOMATIC DIALING DEVICE
- A device which is interconnected to a telephone line and preprogrammed to transmit the coded signal of an alarm to a dedicated telephone trunk line or to dial a predetermined telephone number to an alarm to a public safety agency.
- The Borough of Jacobus, York County, Pennsylvania.
- DEDICATED TELEPHONE TRUNK LINE
- A telephone line or lines which serve a public safety agency which is dedicated to receiving transmissions from an automatic dialing device.
- FALSE ALARM
- The activation of an alarm device to which a public safety agency responds when a crime, fire or other emergency has not occurred.
- Any person who occupies a building, structure or facility and who is primarily responsible for the maintenance of the same, including tenants and property managers.
- An individual, corporation, partnership, limited-liability company, incorporated association or other similar entity.
- PUBLIC SAFETY AGENCY
- The York Area Regional Police or other municipal, regional or state police entity with jurisdiction within the Borough of Jacobus or the Goodwill Fire Company No. 1 of Jacobus, PA, or other municipal fire department.
Persons seeking to use an automatic dialing device, alarm device, alarm or outdoor audible alarm shall first file a permit with the Borough or its designated agent for police protection and obtain the prior written approval from the public safety agencies which shall be notified of and/or respond to an alarm. The cost of the permit shall be established from time to time by resolution of the Borough Council. The Borough shall furnish forms which any person wishing to apply for a permit shall submit with his application. An alarm device which produces both a fire and burglar alarm shall be considered separate, thereby requiring two permit approvals.
All outdoor audible alarms that can be activated falsely shall be subject to the same conditions applicable to automatic dialing devices that result in false alarms.
For the purpose of this chapter, the use of a common alarm for multiple-tenant or -user premises which do not provide common access and entry to a policeman or fireman responding to an alarm is strictly prohibited.
The owner of an unoccupied property shall be considered the responsible party causing or permitting a false alarm.
A person purchasing a premises in the Borough on which an alarm device is located shall not continue to operate the alarm device on the premises without obtaining or amending the existing alarm device permit within 30 days after the person obtains title to the premises.
The obligation for maintenance, repair and upkeep of an alarm device shall be the full responsibility of the owner or occupant of the building, structure or facility where the alarm device is located.
If an alarm device creates three false alarms in any calendar year, the Chief of Police or Fire Chief, as the case may be, shall notify the Borough Secretary of such occurrence. The Borough Secretary shall notify the owner and occupant of the three false alarms and that any further false alarm shall result in the imposition of a fee, payable to the Borough for responses to any further false alarms in the calendar year. Such notice shall be given by certified mail, return receipt requested, or by personal service upon the owner and occupant of the building, structure or facility where the alarm device is located.
The fee is imposed whether the false alarm is received automatically through the alarm device or is emitted or transmitted by other means. These fees may be amended by resolution of the Borough Council from time to time. Said fees shall be paid directly to Jacobus Borough pursuant to this chapter. Failure to remit payment of such fees to the Borough when invoiced shall constitute a violation of this chapter.
Any person who shall violate the provisions of this chapter shall be subject to a summary criminal proceeding before the Magisterial District Justice as provided by the Pennsylvania violation; a fine of not less than $450 nor more than $1,000, plus costs of prosecution, including court costs and reasonable attorney fees incurred by the Borough to prosecute the violation, shall be imposed, and such person may be subject to imprisonment of up to 15 days in the event such fines and costs are unpaid.
Further, Jacobus Borough shall have the right to collect any unpaid fees imposed by this chapter that remain unpaid 30 days after receipt of written notice of such imposition, plus costs of suit and interest at the legal rate of interest on such unpaid balance.
The issuance of any permit shall not constitute acceptance by the Borough of any liability to maintain any equipment, to answer alarms or to otherwise render the Borough liable to any person for any loss or damage relating to an alarm device, automatic dialing device or the procedures set forth in this chapter.