[Adopted 12-30-1991 by Ord. No. 1018;
amended in its entirety 9-14-2017 by Ord. No. 2017-06 (Ch. 93 of the 1999 Code)]
As used in this Part, the following terms shall
have the meanings indicated:
- ALARM
- A communication to the Police Department indicating that a crime, fire or other emergency situation warranting immediate action by the Police Department has occurred or is occurring.
- ALARM DEVICE
- A mechanical device designed to automatically transmit an alarm by wire, telephone, radio or other means:
- COMMERCIAL ESTABLISHMENT
- Any person or entity engaging in an enterprise for profit.
- FALSE ALARM
- An alarm to which the Police Department responds resulting from the activation of an alarm device when a crime, fire or other emergency warranting immediate action by the Police Department has not, in fact, occurred.
- PERSON
- An individual, corporation, partnership, incorporated association or other similar entity.
- POLICE DEPARTMENT
- The Police Department of the Borough.
1.
Persons who sell,
install, maintain or repair alarm devices or receive communications
from alarm devices to notify the Police Department of the alarm shall
provide the Chief of Police with:
A.
The address of
the premises in which the alarm device is installed, maintained or
repaired, or from which they receive or may receive communications
from an alarm device to notify the Police Department.
B.
The name, address
and telephone number of any person who purchased, leased or otherwise
obtained an alarm device from them, or for whom they installed, maintained
or repaired an alarm device; or from whom they received a communication
to notify the Police Department.
1.
A person who has an alarm device
in a residence shall pay fines in accordance with the following schedule
for a false alarm transmitted by the alarm device to the Police Department:
2.
A permit holder who has an alarm
device in a commercial establishment shall not pay any fine for the
first false alarm in a calendar year, but shall pay a fine of $100
for each false alarm thereafter in a calendar year transmitted by
the alarm device to the Police Department.
Each person who has an alarm device that transmits a false alarm
to the Police Department shall be informed, in writing, by the Chief
of the Police Department or his delegate of any false alarm.
The violation of or failure to comply with any provision of
this Part shall constitute a summary offense, and prosecution for
such offense shall be in accordance with the practice in the case
of summary convictions. The fines or penalties for each and every
such violation or failure shall be limited as follows:
[Adopted 3-11-2010 by Ord. No. 1207 (Ch. 143 of the 1999
Code)]
The Borough Council of the Borough of Homestead has determined
that the health, welfare and safety of the citizens of the Borough
of Homestead are promoted by requiring certain structures to have
a key lockbox installed on the exterior of the structure to aid the
Homestead Volunteer Fire Department in gaining access to or within
a structure when responding to calls for an emergency service and
to aid access into or within a building that is secured or is unduly
difficult to gain entry into due to being either unoccupied or having
occupants who are unable to respond.
1.
The following structures shall
be equipped with a key lockbox at or near the main entrance or such
other location as required by the Fire Chief:
A.
Commercial or industrial structures.
B.
Multifamily residential structures
that have restricted access through locked doors but have a common
corridor for access to the living unit.
C.
Schools, whether public or private.
D.
Governmental structures and nursing
care facilities unless the building is staffed or open 24 hours.
2.
All new construction subject to
§ 7-202.1 shall have a key lockbox installed and operational
prior to the issuance of an occupancy permit. All structures in existence
on the effective date of this Part and subject to § 7-202.1
shall have 12 months from the enactment date of this Part to have
a key lockbox installed and operational.
3.
The type of key lockboxes to be
implemented within the Borough shall be a Knox-Box® brand system or such other rapid entry system of comparable quality
which has been specifically authorized in writing by the Volunteer
Fire Department Chief as being an acceptable substitution for the
Knox-Box® brand system.
1.
All Knox-Boxes® or their approved substitutes shall be installed to the left of
the main business door.
2.
All Knox-Boxes® or their approved substitutes shall be flush mounted 60 inches from
the ground to the center of the entry if possible.
3.
In the event that the rapid entry
box system cannot be installed at the aforesaid location and/or height,
the Volunteer Fire Department Chief may designate in writing a different
location and installation specifications.
4.
All Knox-Boxes® or their substitutes shall have a tamper switch installed in the
building as an intrusion/burglar alarm.
5.
All realty and/or property with
an electronic security gate shall have the Knox-Box® installed outside of the gate.
6.
The Volunteer Fire Department
Chief must approve any changes in the installation.
The operator of the building shall immediately notify the Volunteer
Fire Department Chief and provide the new keys when a lockbox is changed
or rekeyed. The key to such lockbox shall be secured in the Knox-Box®.
The contents of the lockbox are as follows:
1.
Keys to locked points of ingress
or egress, whether on the interior or exterior of such buildings.
2.
Keys to all mechanical rooms.
3.
Keys to all locked electrical
rooms.
4.
Keys to elevators and their control
rooms.
5.
Keys to the fire alarm panels.
6.
Keys (special) to reset pull stations
or other fire protective devices.
7.
Keys to any other areas as requested
by the Borough of Homestead Volunteer Fire Department Chief.
All Knox-Box® master keys are
carried in a secured environment within the fire apparatus. Firefighters
will inform County Dispatch when entering the Knox-Box® to retrieve the keys and when returning the keys.
The following structures are exempt from the mandate to install
a key lockbox system:
1.
Single-family structures and multifamily structures that do not meet the definition set forth in § 7-202.
2.
Structures that have twenty-four-hour,
three-hundred-sixty-five-day on-site security personnel or have other
personnel on site.
3.
Businesses that are open and staffed
24 hours, 365 days per year (which may include but are not limited
to nursing homes, hospitals, police stations, etc.).
4.
Rental storage facilities where
there is single lock on the separate storage pods that are supplied;
provided however, the entry security gate(s) will require a Knox-Box® if electronically controlled or locked with a
master key issued by the landlord to all tenants.
5.
Any facility not having an automatic
alarm system.
1.
Any person, entity or corporation
who has violated any provisions of this Part, or who has failed to
comply with any order issued by the Homestead Volunteer Fire Department
Chief, shall, upon conviction before a Magisterial District Judge,
be punishable by a fine of not more than $600 per offense plus court
costs and reasonable attorneys' fees incurred by the Borough in the
enforcement proceedings. If the penalty is not paid, the Borough shall
initiate a civil action for collection in accordance with the Pennsylvania
Rules of Civil Procedure. Each day a violation exists shall constitute
a separate offense, and each section of this Part that is violated
shall also constitute a separate offense. In addition to or in lieu
of enforcement under this section, the Borough may enforce this Part
in equity in the Court of Common Pleas of Allegheny County.
[Amended at time of adoption of Code (see AO)]
2.
If any sentence, clause or section
or any part of this Part is for any reason found to be unconstitutional,
illegal or invalid, such unconstitutionality, illegality or invalidity
shall not affect or impair any of the remaining provisions, sentences,
clauses or sections or parts of the same contained in this Part. It
is hereby declared as the intent of the Council of the Borough of
Homestead that this Part would have been adopted as if such unconstitutional,
illegal or invalid sentence, clause or section or part thereof had
not been included therein.
3.
Any ordinance or part of any ordinance
conflicting with the provisions of this Part be and the same is hereby
repealed to the extent of such conflict.
