[HISTORY: Adopted by the Borough Council of the Borough of Schwenksville 4-14-1994
by Ord. No. 266. Amendments noted where applicable.]
B.
ALARM EQUIPMENT SUPPLIER
AUDIBLE ALARM
AUTOMATIC PROTECTION DEVICE
BOROUGH
FALSE ALARM
FIRE COMPANY
PERSON
POLICE or POLICE DEPARTMENT
USER
The following words, terms and phrases, as used in this
article, shall have the following meanings given herein, unless the context
specifically and clearly indicates otherwise:
Any person, firm or corporation who sells or leases or installs automatic
protection devices.
Any device, bell, horn or siren which is attached to the interior
or exterior of a building and emits a warning signal audible outside the building
and designed to attract attention when activated by a criminal act or other
emergency requiring police, fire or emergency personnel to respond.
An electronically, electrically, or mechanically operated instrument
composed of sensory apparatus and related hardware which automatically transmits
an alarm over regular telephone line by direct or indirect (through a central
processing center or intermediary) connection to the police or a fire company,
upon receipt of a stimulus from sensory apparatus that has detected a physical
force or condition inherently characteristic of a fire or intrusion.
The Borough of Schwenksville, Montgomery County, Pennsylvania.
Any signal activated by an automatic protection device, any audible
alarm or any other kind of direct or indirect signal given the police or fire
communication center to which police or a fire company respond, which is not
the result of a fire, burglary, robbery, attempted burglary or robbery, or
similar emergency.
The Schwenksville Fire Company or any other fire company responding
pursuant to any mutual aid agreement.
Any person or persons, corporation, association, partnership, company,
owner, occupant, lessee or any agency, organization, or other entity recognized
by law as the subjects of rights or duties.
Any state or local police force responding to emergencies in Schwenksville
Borough.
Any persons who owns, leases or otherwise possesses an automatic
protection device for use on any property in the Borough of Schwenksville.
A.
After the enactment of this chapter, persons must equip
audible alarms with a timing mechanism that will disengage the audible alarm
after a maximum period of 15 minutes. Audible alarms without such a timing
mechanism shall be unlawful in the Borough and must be disconnected by the
persons within 60 days from the effective date of this chapter. Excepted from
this requirement are fire suppression systems with audible systems with audible
alarms activated by the flow of water.
B.
Any sensory mechanism used in connection with an automatic
protection device must be adjusted to suppress false indications of fire or
intrusion, so that the device will not be actuated by impulses due to fleeting
pressure changes of water pipes, short flashes of light, rattling or vibrating
of doors and windows, vibrations to the premises caused by the passing of
vehicles or any other force not related to genuine alarms.
C.
All components comprising such a device must be maintained
by the user in good repair to assure maximum reliability of operation.
A.
No persons shall conduct any test or demonstration of
an automatic protection device without first obtaining permission from the
police and fire company. Where the equipment is keyed through an intermediary,
no such permission is necessary unless the alarm or signal is to be relayed
to the police or fire company.
B.
Prior to direct connection to any police department or
fire company, every automatic protection device shall be operational and tested
for a period of 90 days and certified as having been so tested on the registration
form.
C.
At the time of installation an alarm equipment supplier
shall furnish to all of its users written information as to how service may
be obtained at any time, including the telephone number of an alarm equipment
supplier or agent responsible for service. Such user and the alarm equipment
supplier or agent supplying a service shall be responsible for having the
device disconnected or repaired as quickly as possible after notice that the
automatic protection device is not functioning properly.
D.
Alarm equipment suppliers, installers of audible alarms
and intermediaries shall furnish, prior to the time of contracting and at
their own expense, a copy of this chapter of the Code of the Borough of Schwenksville
to users of the equipment of services to be supplied.
A.
All automatic protection devices located within the Borough
shall be registered with the Borough prior to installation. All presently
existing automatic protection devices shall be registered within 60 days from
the effective date of this chapter. There shall be no fee for registration
within 60 days of this chapter or within 21 days of the installation. Any
late registration shall require a $50 fee. Any late registration made after
a false alarm shall require a $100 fee. The Borough Council shall set fees
by resolution from time to time.
B.
Registration shall require, inter alia, all of the following
information:
(1)
Name and street address of the owner, lessee or occupant
of any building containing an automatic protection device.
(2)
The name, address, and telephone number of any person
or entity acting as an intermediary, servicing and repairing facility, central
processing facility.
(3)
Name, address and telephone number of an adult not resident
in the alarmed premises able to respond to the premises within 30 minutes
in the event of an emergency. Such person shall have authority and ability
to enter the premises.
C.
All locations with an automatic protection device shall
have their street number address posted so that the same will be visible at
night from the street.
D.
The registration form shall contain an acknowledgment
by the registrant that in the event of an alarm, the fire company may forcibly
enter the premises if warranted in the reasonable discretion of the officer
in charge and that there shall be no liability for damages or inquiries resulting
from the response to the call or forcible entry and appropriate search through
the premises.
A.
Any person who installs or permits to be installed, in
any building, used or occupied for any purpose, any answering device, audible
alarm, automatic protection device or central station protection system whereby
false alarms are transmitted to the police department, a fire company or any
other municipal office or officer shall be in violation of this chapter.
B.
Any person who owns, leases or occupies a building which
has an answering service, audible alarm, automatic protection device or central
station protective system installed, and such equipment results in continual
accidental activation, shall be in violation of this chapter.
C.
"Continual accidental activation" shall be defined to
mean in excess of three alarms in a consecutive twelve-month period, resulting
from any cause other than an actual emergency for which the alarm is sent.[1]
D.
When messages evidencing failure to comply with the operational
requirements of this chapter are received by a fire company or police department
and a representative of the police or fire marshal concludes that the automatic
protection device should be disconnected in order to relieve the particular
department of the burden of responding to false alarms, each or both is/are
authorized to demand that the user of the device, or his representative, disconnect
the device until it is made to comply with operational requirements. If disconnection
of the defective device is not accomplished promptly and the police and/or
fire marshal determines that the malfunctioning device is repeatedly sending
false alarms without any intermittent valid alarms, they may take steps necessary
to disconnect the defective automatic protection device. Any expenses so incurred
by the Borough shall be promptly reimbursed by the owner or lessee of the
defective device.
F.
For the purposes of enforcing this chapter, it shall
be a condition of installing and maintaining an automatic protection device
that the building inspector or the fire marshal or police may enter upon a
user's premises within the Borough at such reasonable times and upon such
reasonable notice to inspect the installation or operation of an automatic
protection device. Each user shall cooperate with such officials in every
reasonable manner to permit such inspections.
Any person found guilty of violating any of the provisions of this chapter
shall be guilty of a summary offense. Violations are punishable for each offense
by a maximum fine of $1,000, plus costs of prosecution, and, in default of
payment of such fine and costs, by imprisonment for not more than 30 days.
Furthermore the Court or District Justice may, either in lieu of or in addition
to any fine, order restitution to the Borough of any sums reasonably spent
by the Borough in responding to the false alarm or alarms giving rise to the
conviction.
All ordinances or resolutions or parts of ordinances or resolutions
which are or may be inconsistent herewith are hereby repealed. This chapter
shall not modify, alter or diminish the requirements pursuant to any other
Borough ordinance, statute or regulations relating to the installation, maintenance,
permitting or licensing of police alarm or fire protection systems.