[Ord. 865, 12/10/1992, § 1]
For the purpose of this Part, the following terms are defined
as follows:
An event caused by the operation of nature and not due to
human action, negligence, or system malfunction.
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.
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, or any person who is
within the sound transmitting distance limits of such an audible signal.
An alarm to which the Borough police or local fire companies
respond, 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.
A business or residence at which 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
panel, audible signals, transmission devices or any combination of
the aforementioned system components are changed.
A person to whom the Borough police have issued an alarm
device permit.
An individual, corporation, partnership, incorporated association
or other legal entity.
[Ord. 865, 12/10/1992, § 2]
The purpose of this Part is to prevent an unnecessary response
by the Fire Company or the Police Department resulting from an alarm
received but which has been caused either by a defect in the fire
alarm system or the burglar alarm system or by the accidental or careless
use or misuse of such system.
[Ord. 865, 12/10/1992, § 3; as amended by Ord.
1025, 10/14/2004]
1.
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 without first obtaining
an alarm device permit from the Borough police.
2.
In order to apply for an alarm device permit, a person shall submit
an application to the Borough Chief of Police stating the following:
A.
His or its name.
B.
His or its home address and/or principal business address and the
telephone number of each.
C.
The location at which the alarm device will be installed and operated.
D.
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 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. In the event that any of this emergency information should change,
it is the business owner's responsibility to notify the Police
Department immediately of such change.
E.
If the alarm device is at a residence, the name, address and telephone
number of at least two individuals who have keys to the premises and
is authorized to enter the premises at any time shall be listed along
with the individual's place of employment and its telephone number.
F.
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.
G.
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.
3.
The Borough Police shall furnish forms upon which any person wishing
to apply for an alarm device permit may submit his application.
4.
A person applying for an alarm device permit shall submit a fee in
an amount as established from time to time by resolution of Borough
Council along with his application to cover the cost of issuing the
permit.
5.
A person applying for an alarm device permit shall furnish proof
that if an alarm device is designed to cause a bell, siren or sound-making
device to be activated 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 30 minutes of operation. Pre-existing units must be modified
for a 30 minute device unless said unit cannot be modified without
replacement.
6.
Notwithstanding the language contained in Subsection 1 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 Part provided that said alarm device was in operation on the effective date of this Part, 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 Part.
[Ord. 865, 12/10/1992, § 4]
For the purposes of this Part, the year or current year shall
be intended to mean the twelve-month period commencing July 1 and
ending June 30.
[Ord. 865, 12/10/1992, § 5]
[Ord. 865, 12/10/1992, § 6]
1.
In the case of new installation, a forty-five-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 forty-five-day period false alarm charges shall not be
assessed.
2.
A permit holder shall pay to the Borough a charge for each false
alarm emanating from his alarm device during any calendar year as
follows:
|
45-Day Testing Period
|
No Charge
| |
|
First through Third False Alarm
|
No Charge
| |
|
Fourth through Seventh Alarm
|
$50 each occurrence
| |
|
Eighth and Subsequent False Alarm
|
$100 each occurrence
|
3.
When a false alarm occurs, the Borough Chief of Police shall notify
the permit holder of the alarm device from which the false alarm charge
is due and the amount thereof, if any. Such notice shall be in writing
and mailed to the permit holder at this last known address by certified
mail, postage prepaid.
4.
A false alarm charge shall be due and payable at the office of the
Borough Secretary no later than 30 days from the date of the notice
of the false alarm.
5.
An exception to the false alarm charge shall be granted in the event
that the false alarm is caused by an Act of God with the burden of
proving said exception resting upon the permit holder.
[Ord. 865, 12/10/1992, § 7; as amended by Ord.
1025, 10/14/2004]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
