City of New Kensington, PA Chapter 57 Alarms

[HISTORY: Adopted by the City Council of the City of New Kensington 5-28-1991 as Ord. No. 1-91. Amendments noted where applicable.]

§ 57-1 Declaration of purpose.

Council finds it to be in the interest of the residents of the city and the general public to prevent and deter the installation, maintenance and use of police, fire or burglar alarm systems that provide repetitious false alarms.

§ 57-2 Conditions. [1]

Police, fire and burglar alarm systems, whether audible or direct-line type of alarms, are expressly permitted, subject to the following conditions:

A. Direct-line radio or other electronic police or burglar alarm systems shall be installed by competent workmen so that such devices shall not emit false alarms.

B. No alarm system that produces false alarms shall activate more than one (1) false alarm in any thirty-day period or two (2) false alarms in any ninety-day period or three (3) false alarms in any one-hundred-eighty-day period or four (4) false alarms in any three-hundred-sixty-five-day period.

C. Any police officer or fire person who responds to a false alarm shall report the same to the Chief of Police or Fire Chief, who shall monitor and maintain records concerning such false alarms.

D. When any alarm system shall violate any of the provisions as set forth hereunder, the Chief of Police or Fire Chief may notify the owner of the system that it has activated more false alarms than is permissible hereunder and that any future false alarms may result in the prosecution for violation of this chapter.

E. Notice as required by this chapter shall be given by the Chief of Police or Fire Chief by mailing by certified mail, return receipt requested, or by personal service of such notice by handing a copy of the same to the owner of the subject property or to an adult representative thereof. If service is made in person, the Chief of Police or Fire Chief or his or her designee shall file a proof of service which shall be under oath and which shall designate the person upon whom service was made.

F. For the purpose of this chapter, the owner of real estate on which an alarm system is placed and used shall be considered the owner and the person responsible for its proper maintenance and use.

G. In addition to any penalty provided hereunder, upon notifying the owner that the police, fire or burglar alarm system constitutes a violation, the Chief of Police or Fire Chief shall also notify the 911 communication system that the system has been declared in violation and that the system should be disconnected and no longer used.

[1] Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.

§ 57-3 Unlawful to use alarm declared in violation. [1]

It shall be unlawful for any owner of property or persons in charge of real property to use or permit to be used any police, fire or burglar alarm system that has previously been declared a public nuisance as provided herein. If any false alarms shall be given by such system following the date of receipt of notice as set forth herein, the false alarm shall be unlawful and constitute a violation of this chapter.

[1] Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.

§ 57-4 Outdoor audible alarms.

All outdoor audible alarms that are activated falsely shall be subject to the same conditions applicable to direct-line radio or other electronic calls that result in false alarms.

§ 57-5 Correction of deficiencies. [1]

Following notice by the Chief of Police or Fire Chief that a police, fire or burglar alarm system constitutes a violation, the owner of such system may file an affidavit with the Chief of Police or Fire Chief indicating under oath that the false alarms previously caused by such system were caused by a known mechanical or other defect within the system, not to include improper use. Such owner may verify and shall include a statement by competent workmen or repairmen in the field that such system was defective and such deficiency has been corrected. Upon the filing of such affidavit with appropriate exhibits, the false alarm history concerning the premises shall be considered void and of no legal effect.

[1] Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.

§ 57-6 Negligent use. [1]

Where false alarms have originated from negligent use or a combination of negligent use and a defective system, in order to terminate the finding that the system is in violation, an owner shall comply with the provisions of § 57-5 and, in addition, file an affidavit explaining the steps that have been taken to correct the negligent use which has resulted in false alarms. Upon acceptance of such affidavits by the Chief of Police or Fire Chief, the declaration of the alarm system as in violation shall be considered void and of no legal effect; provided, nevertheless, that should such a system be declared in violation as provided in § 57-3 within a period of one (1) year following reinstatement under this section or § 57-5, use of such system shall terminate for a period of one (1) year before this section shall be used to reinstate service.

[1] Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.

§ 57-7 Permission to install. [1]

Any permission to install a police or burglar alarm system granted by the Chief of Police or Fire Chief shall be predicated upon the specific condition that should such system prove to constitute a violation as defined hereunder, then the alarm system shall be terminated also as provided herein.

[1] Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.

§ 57-8 Violations and penalties. [1]

Any person, corporation or business entity who or which violates any of the provisions of this chapter shall, in a proceeding before the District Justice for the jurisdiction in which the violation occurred, be required to pay a fine not exceeding three hundred dollars ($300.) for each false alarm received after notice is provided as prescribed in § 57-3. In addition, each false alarm received after notice is provided shall constitute a separate offense, and, upon a second offense, the fine shall be not less than twenty-five dollars ($25.) nor more that three hundred dollars ($300.). For any third and successive offense occurring within one (1) year, the fine shall be not less than seventy-five dollars ($75.) nor more than six hundred dollars ($600.). Any other violations of this chapter shall result in the payment of a fine not exceeding six hundred dollars ($600.) and cost of suit, together with a judgment of imprisonment not exceeding ninety (90) days if the amount of said judgment and costs shall not be paid. In any case where the Chief of Police or Fire Chief has declared an alarm system to be in violation, the City Solicitor may bring legal proceedings in equity or otherwise to prohibit the continued use of such system and to collect any and all damages on behalf of the city resulting from the use of such system.

[1] Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.