[HISTORY: Adopted by the Borough Council of the Borough of Lewistown 3-27-1968 by Ord. No. 68-2 (Ch. 13, Part 2, of the 1986 Code). Amendments noted where applicable.]
No person, firm or corporation shall engage in the business of installing, maintaining, repairing, altering, replacing or moving (nor cause to be installed in or on any building, place or premises abutting on or adjacent to a public street, alley or way) in the Borough of Lewistown any device commonly known as a burglar alarm, holdup alarm, or similar protective device or system (hereinafter collectively referred to as "burglar alarm") without having first obtained a license from the Borough Manager of the Borough of Lewistown to do so.
[Amended 10-13-1970 by Ord. No. 70-11; 3-24-1986 by Ord. No. 86-2]
Before a license will be issued, the applicant shall file an application in writing in such form and disclosing such information as the Borough Manager may from time to time prescribe. In all cases, however, the application shall clearly disclose:
[Amended 10-13-1970 by Ord. No. 70-11]
The fee for a license under § 75-1 shall be $50 per year, payable in advance, and shall be for the calendar year January 1 to December 31, and shall not be prorated.
Every person engaged in the business covered by this chapter shall carry on his person while so engaged a valid identification card and shall display the said card to any Borough or state police officer upon request, which identification card shall be in the form prescribed by the Chief of Police of the Borough of Lewistown and shall be issued only by the Chief of Police upon the payment of an administrative fee of $5. Upon revocation of the license under which the identification card is issued, or termination of employment of any person holding such card from the business described therein, the identification card shall be returned to the Chief of Police. It shall be unlawful for any person to carry on his person or display or have in his possession any such identification card containing any false or fictitious information or possess such a card.
[Amended 5-27-1968 by Ord. No. 68-7]
Every person, firm or corporation operating under a license issued under this chapter shall maintain and have available a serviceman or agency to respond to service calls within a reasonable time, which serviceman or agency shall render emergency service within 24 hours from such time as he or it shall be requested to do so by any member of the Lewistown Borough Police Department or other authorized Borough official.
Every person, firm or corporation maintaining a burglar alarm as described in this chapter shall cause a notice (framed and enclosed under glass), containing the names, addresses and telephone numbers of the serviceman or agency referred to in § 75-5 and the individuals for whose benefit the alarm was installed and are therefore to be notified during any hour of the day or night if the alarm sounds, to be posted near the alarm in such a position as to be easy to read from the ground level adjacent to the building in which the alarm is located.
Any license issued under this chapter may be revoked by the Borough Council of the Borough of Lewistown at any time that the Borough Council finds that the licensee has wilfully or negligently failed to comply with any of the provisions of this chapter.
Every person, firm or corporation maintaining a burglar alarm as described in this chapter is hereby granted revocable permission to install, service and maintain, at his or its sole expense and without expense or liability on the part of the Borough of Lewistown, an alarm cabinet and surplus auxiliary equipment required in the operation of the same at such place in the Police Headquarters of the Borough of Lewistown in such location therein as shall be determined by the Chief of Police where the visual and audible signals therefrom may be readily seen and heard, and to connect the same by leased telephone wires to switches or other actuating devices in or on their respective premises for the purpose of providing a direct police holdup and burglar alarm system between such premises and the Police Headquarters of the Borough of Lewistown. The location of said cabinet, accessories, connections and equipment shall be determined by the Chief of Police and shall be done at such times and in accordance with such conditions as shall be prescribed by him. The Chief of Police shall maintain a registry of such burglar alarms.
The permission granted under the terms of § 75-8 shall be revocable at any time by the Chief of Police of the Borough of Lewistown, with or without the existence or statement of any grounds therefor; provided, however, that if any such revocation is made, the Chief of Police shall notify the permittee in writing at least 30 days before such revocation shall become effective. The permittee shall have the right to appeal to the Borough Council from such revocation.
The permission granted under the terms § 75-8 is granted upon the express condition that the permittee shall hold the Borough of Lewistown harmless and fully and completely indemnify its officers, agents, servants and employees of and from any and all damages arising out of the operation of the said burglar alarm. The granting of permission shall impose no liability on the Borough of Lewistown, its agents or employees, and the operation and maintenance of such burglar alarm shall be the sole obligation and responsibility of the permittee and shall not grant to the permittee any rights or privileges to do anything not permitted by law. The permittee shall furnish to the Borough of Lewistown a public liability insurance policy acceptable to the Borough Manager in the minimum amount of $100,000, in which the Borough of Lewistown shall be named as an insured, to protect the Borough of Lewistown from any liability arising out of the operation of the burglar alarm, whether on the premises of the permittee or of the Borough of Lewistown.
The acceptance of any license or permit granted or the exercise of any right or privilege under the terms hereof shall be conclusively deemed and considered the acceptance of each and all of the terms and conditions of this chapter.
[Added 9-22-1972 by Ord. No. 72-36; 3-24-1986 by Ord. No. 86-2]
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this chapter continues shall constitute a separate offense.