[HISTORY: Adopted by the Borough Council of the Borough of Wilmerding 4-6-1996 by Ord. No. 948 (Ch. 13, Part 8, of the 1989 Code). Amendments noted where applicable.]
This chapter shall be entitled the "Wilmerding Borough Alarms System Ordinance."
The following definitions are applicable under this chapter:
- ALARM SYSTEM or ALARM SERVICE
- Any means used by a subscriber or provider, as those terms are defined and used within this chapter, for the purpose of notifying or otherwise utilizing the services or efforts of the Wilmerding Borough officials, including, but not limited to, police and fire, regarding a burglary, attempted burglary, breaking, breaking and entering, trespassing or any other act which may or may not be deemed to be a criminal act, fire or other situation calling for the services of the Wilmerding Borough Fire Department. It shall also include any burglar alarm, fire alarm or warning device whatsoever which results in the summoning of Wilmerding Borough police or fire personnel.
- FALSE ALARM
- An alert by any alarm system which is, or is intended to be, transferred or transmitted to the Wilmerding Borough Police Department, Fire Department or other Borough office, which discovers, following investigation, that there was no burglary, attempted burglary, break in, breaking and/or entering, fire or a situation which reasonably called for the attention of the Police or Fire Department or other Borough office.
- Any structure or improvement on real estate which utilizes an alarm system.
- Any person or entity in the business of providing alarm systems or alarm system protection to any premises within the Borough of Wilmerding.
- Any owner, user, occupier or lessor of any type of premises which are equipped with an alarm system, whether installed, maintained or serviced by a provider or any other entity.
Every provider of an alarm system to premises within the Borough of Wilmerding must register with the Borough Secretary within 90 days of the effective date of this chapter. If any provider intends to provide an alarm system or other service described herein, said provider must register with the Borough of Wilmerding prior to entering into any contracts or actually providing such service.
The application of every provider shall include the following data:
The name of the entity.
The date of incorporation.
The principal office.
Names and addresses of all officers.
Name and address of the person in charge of services to be rendered in Wilmerding Borough.
A telephone number or numbers where the Wilmerding Borough police or fire personnel may have access to a responsible person 24 hours a day, every day of the year.
The provider must supply written explanation of how the provider's alarm system works.
The provider must provide a list enumerating the names and addresses of every entity and premises to which the provider provides alarm systems in the Borough of Wilmerding. The list must be updated to include additions and deletions every six months; that is, on the first days of January and July of each year.
The Borough Secretary shall keep a record of all such applications, shall supply a duplicate copy to the Chief of Police and Fire Chief and may request other reasonable data as the Secretary sees fit. It shall be the duty of the Chief of Police and/or Fire Chief to record each and every false alarm as defined herein and to report the same to the Borough Secretary by the first day of the following month.
For the first false alarm which occurs for any one premises arising out of the use of any type of alarm system, there shall be no service charge imposed. For the second and third false alarms which occur for any one premises in the same calendar month arising out of the use of any alarm system, there is hereby imposed a service charge in the amount of $25 per false alarm. For the fourth and any subsequent false alarms which occur for any one premises in any one calendar month arising out of the use of any alarm system, there is hereby imposed a service charge in the amount of $50 per false alarm. Subscribers and providers shall be jointly and severally liable therefor. The Borough Secretary shall bill each and every person and/or entity responsible for each false alarm, which sum shall be payable within 30 days of the date of the invoice. The invoice shall be deemed to be received if mailed by the Borough Secretary, postage prepaid, to the address given by the provider.
The failure to pay the false alarm service charge shall be deemed to be a civil violation and a summary criminal offense. The Borough of Wilmerding shall have the right to collect said service charge by civil action and shall have the same right to lien, collect and enforce said charge in the same manner as provided by the Act of Assembly for the enforcement, liening and claiming of municipal claims against subscribers and/or providers.
Editor's Note: See Ch. 205, Municipal Claims.
The Borough Police Chief, Fire Chief or acting officer in charge shall have sole discretion, based on his investigation, to determine if an apparent false alarm was caused by circumstances beyond the control of the provider or subscriber and thereby waive any service charge for a particular false alarm. The purpose of this provision is to provide for fairness to providers and subscribers so that service charges are not assessed for false alarms that have resulted from an act of God or other similar circumstances which are beyond the control of the subscriber and/or provider.
If any provider of alarm services shall fail to register in accordance with this chapter, said failure to register shall be deemed to be in violation of this chapter. Every day of failing to register following the time when the duty to register became absolute shall be a separate and continuing offense. For each such offense which continues daily and for failure to remit the service charge set forth herein, the entity or person responsible, including the subscriber and provider, shall be subject to summary criminal proceedings including a $1,000 fine and/or 30 days in jail.
This chapter may be amended and/or revised by simple resolution.