[HISTORY: Adopted by the Borough Council of the Borough of Kenhorst 11-2-1989 by Ord. No. 406 (Ch. 13, Part 3, of the 1973 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 235.
For the purpose of this chapter, the following terms are defined as follows:
ALARM
A communication indicating or warning that a crime, fire or other emergency situation warranting immediate action by the Borough Police or local fire companies has occurred or is occurring.
ALARM DEVICE
A privately owned and operated or a leased electronic, electrical, mechanical or similar device designed to transmit an alarm by wire, telephone, radio, audible signal (bell, siren or buzzer) or other means to the Borough Police, local fire companies, any person or firm who or which is instructed to notify the Borough Police or local fire companies, or any person who is within the sound-transmitting distance limits of such audible signal.
FALSE ALARM
An alarm to which the Borough Police or local fire companies respond, resulting from the activation of an alarm device, when it appears that a crime, fire or other emergency warranting immediate action by the Borough Police or local fire companies has not occurred at the premises where the alarm was transmitted.
INTENTIONAL FALSE ALARM
An alarm resulting from the intentional activation of an alarm device by an individual under circumstances where the individual had no reasonable basis to believe that a crime, fire or other emergency warranting immediate action by the Borough Police or local fire companies has occurred or was occurring.
NEW INSTALLATION
A business or residence at which an alarm device has been installed where an alarm device previously did not exist, or a business or residence which has made a major change to the existing alarm device in respect to sensory devices, control panels, audible signals, transmission devices or any combination of the aforementioned system components are changed.
PERMIT HOLDER
A person to whom the Borough Police have issued an alarm device permit.
PERSON
An individual, corporation, partnership, incorporated association or other legal entity.
A. 
It shall be unlawful for a property owner, lessee of property, or a person otherwise occupying a premises in the Borough to put an alarm device into operation on his or its premises or to allow an alarm device to be put into operation on his or its premises without first obtaining an alarm device permit from the Borough.
B. 
In order to apply for an alarm device permit a person shall submit an application to the Borough stating the following:
(1) 
His or its name.
(2) 
His or its home address and/or principal business address and the telephone number of each.
(3) 
The location at which the alarm device will be installed and operated.
(4) 
If the alarm device is at a business, the names, addresses and telephone numbers of at least two individuals who have keys to the premises at which the alarm device is located and who are authorized to enter the premises at any time; or in lieu thereof, the name, address and telephone number of a security service company which provides alarm services at the premises and which has on file with it the names of such authorized key holders, provided that such security service company can be contacted 24 hours a day each and every day of the year.
(5) 
If the alarm device is at a residence, the name, address and telephone number of at least one individual who has keys to the premises and is authorized to enter the premises at any time shall be listed along with that individual's place of employment and its telephone number.
(6) 
A complete description of the alarm device including information indicating if the device is coordinated with any other type of antipersonnel, smoke, fire or personal safety device.
(7) 
If the alarm device is to be leased or rented from, or is to be serviced pursuant to a service agreement by a person other than the person making application for an alarm device permit, the name, address and telephone number of that person.
C. 
The Borough Police shall furnish forms upon which any person wishing to apply for an alarm device permit may submit his application.
D. 
A person applying for an alarm device permit shall submit a fee in an amount as set from time to time by resolution of the Borough Council, along with his application, to cover the costs of issuing the permit.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
The Borough shall, upon receipt of an application for an alarm device permit, either grant an alarm device permit to the applicant or notify the applicant in writing that his or its application has been denied and the reason or reasons why it has been denied.
F. 
Upon application for an alarm device permit, the applicant shall furnish proof that the alarm device meets the operational standards set forth in § 138-3 of this chapter by submitting a form, furnished with the application, completed by the security service company or the applicant which verifies the operation standards of this chapter have been met. Such form shall be signed by the applicant if he completed the form or by the security service company representative if they completed the form.
G. 
An application for an alarm device permit may only be denied for the following reasons:
(1) 
The application submitted does not conform with Subsection B or D of this section.
(2) 
The applicant's alarm device does not conform with the operational standards set forth in § 138-3 of this chapter.
H. 
Notwithstanding the language contained in Subsection A of this section, it shall not be unlawful for a person to continue to operate an alarm device on his premises without an alarm device permit, after the effective date of this chapter, provided that said alarm device was in operation on the effective date of this chapter, until such time as the Borough Police or local fire companies respond to an alarm resulting from the activation of such alarm device, whereafter such person shall have 30 days within which to apply for the alarm device permit required by this chapter.
A. 
If an alarm device is designed to transmit a recorded message, the contents of said message shall be intelligible.
B. 
If an alarm device is designed to cause an exterior bell, siren or other sound-making device to be active on or near the premises on which the alarm device is installed at the time it gives an alarm, said alarm device shall be designed to deactivate the bell, siren or other sound-making device after a maximum of 20 minutes of operation.
C. 
The sensory mechanisms used in connection with an alarm device must be installed and adjusted to suppress false indications of fire, smoke or intrusion.
D. 
The alarm device must be maintained by the permit holder in good repair to assure reliability of operation.
It shall be unlawful to cause an intentional false alarm. Violators shall be punishable pursuant to 18 Pa.C.S.A. § 4905.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
In the case of new installations, a thirty-day testing period shall apply to allow the security service company and the applicant to adjust the system as necessary to prevent false alarm indications. During this thirty-day period, false alarm charges shall not be assessed.
B. 
A permit holder shall pay to the Borough for each false alarm emanating from his alarm device during any calendar year as follows:[1]
(1) 
Thirty-day testing period: no charge.
(2) 
First through third false alarm: no charge.
(3) 
Fourth and subsequent false alarms: a fine of not more than $300 for each occurrence.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
When a false alarm occurs, Borough shall notify the permit holder of the alarm device from which the false alarm emanated that a false alarm charge is due and the amount thereof, if any. Such notice shall be in writing and mailed to the permit holder at his last known address by certified mail, postage prepaid.
D. 
A false alarm charge shall be due and payable at the office of the Borough no later than 30 days from the date of notice of the false alarm charge.
E. 
Failure of a permit holder to pay a false alarm charge on or before the due date shall subject such a permit holder to the penalties provided for in § 138-6 of this chapter.
Any person who has violated the terms of this chapter, upon conviction thereof before a Magisterial District Judge or the Court of Common Pleas of Berks County, after hearing held, shall be subject to the penalties provided in Chapter 1, General Provisions, Article I, Enforcement; General Penalty.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).