[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:
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.
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.[1]
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.
A.
The application of every provider shall include the following data:
(1)
The name of the entity.
(2)
The date of incorporation.
(3)
The principal office.
(4)
Names and addresses of all officers.
(5)
Name and address of the person in charge of services to be rendered
in Wilmerding Borough.
(6)
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.
B.
The provider must supply written explanation of how the provider's
alarm system works.
C.
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.
D.
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.[1]
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.
