[HISTORY: Adopted by the Borough Council
of the Borough of Emsworth as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-13-1993 by Ord. No. 863]
For purposes of the interpretation and enforcement
of this article, the following terms shall have the meanings set forth
hereinbelow:
A communication indicating that a crime, fire, or other emergency
situation warranting immediate action has occurred or is occurring,
specifically excluding car alarms.
Any mechanical, electrical, or battery-operated
equipment designed to automatically transmit an alarm by wire, telephone,
radio or other means:
To an answering service or a person who is instructed
to notify the Police Department or Fire Department of the occurrence
of a police, fire, hazard or medical emergency, to which police or
fire units are to respond.
That is attached to the interior or exterior
of a structure or facility and emits a warning signal audible outside
the structure or facility, which is designed to attract attention
when activated by a crime, fire, or other emergency situation requiring
police, fire, or medical response.
A car alarm is not an alarm device within the
meaning of this section.
A home smoke detector is not an alarm device
within the meaning of this section.
The business by any individual, partnership, corporation
or other entity of selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving or installing any alarm system or causing
any alarm system to be sold, leased, maintained, serviced, repaired,
altered, replaced, moved or installed, in or on any building, structure
or facility.
A service whereby trained employees, in attendance at all
times, receive prerecorded voice messages from automatic dialing devices
reporting an emergency at a stated location, where such employees
have the duty to relay immediately, the emergency message over a trunk
line to the communications center of the Police Department or Fire
Department.
A device which is interconnected to a telephone line and
is programmed to transmit a signal by a voice or coded message that
indicates that an emergency condition exists and the need for an emergency
response is required.
A protective system or group of such systems operated privately
for customers by a person, firm or corporation which accepts recorded
messages from automatic dialing devices at a central station having
operators and guards in attendance at all times who have the duty
to take appropriate action upon receipt of a signal or message, including
the relaying of messages to the communications center of the Police
Department or Fire Department.
An alarm to which the Police Department or Fire Department
responds resulting from the willful, negligent or inadvertent activation
of an alarm device when a crime, fire, or other emergency warranting
immediate action by the Police Department or Fire Department has not,
in fact, occurred. The definition excludes alarms caused by malfunctions
of the receiving equipment; alarms for which the user has attempted
to cancel response; testing or repairing of telephone or electrical
lines or equipment outside the premises; acts of God, such as earthquake,
flood, windstorm, thunder or lightning; an attempted illegal entry;
a crime in progress; or, in the case of emergency medical alarm, an
actual medical emergency requiring police, fire and/or medical personnel.
If a call is canceled with the communication center before police/fire
arrive at the scene it will not be counted as a false alarm. The definition
of a "false alarm" also includes the intentional activation of a holdup
alarm for other than a holdup in progress, the intentional activation
of a burglary alarm for other than a burglary, the intentional activation
of a medical alarm for other than a medical emergency or the intentional
activation of a fire alarm for other than fire or hazard.
The Emsworth Borough Volunteer Fire Department, or any subdivision
or company thereof or any assisting company.
A fire.
An explosion, leak of toxic gas, liquid or solid or a potential
explosion or leak.
A central station protective system or an answering service
as herein defined.
To use a telephone line and equipment for transmitting a
message either directly or indirectly by an automatic dialing device.
An emergency involving the health of a person.
Written permission duly granted to an applicant by the Borough
upon payment of the required fee.
A person to whom the Borough has issued an alarm device permit.
An individual, corporation, partnership, incorporated association
or other similar entity.
The police and fire communications center through which calls
are dispatched.
The area Police Department.
An incident requiring prompt response by the Police Department.
A telephone line leading into the communications centers
of the Police Department that is for the purpose of handling calls
on a person-to-person basis and which is identified by and issued
by the telephone company.
A.
It shall be unlawful for a property owner, lessee
of property, or a person otherwise owning and/or operating and/or
occupying a premises, structure or facility within the Borough of
Emsworth to put an alarm device into operation on his premises or
to allow an alarm device to be put into operation on his premises
without first obtaining an alarm device permit from the Borough.
B.
Application.
(1)
In order to apply for an alarm device permit, a person
must submit an application to the Borough stating the following:
(a)
His/her name.
(b)
His/her home and business addresses and the
telephone number of each.
(c)
The location at which the alarm device will
be installed and operated.
(d)
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, but who do not reside at the location of the alarm device.
(e)
A complete description of the alarm device.
(f)
If the alarm device is to be leased or rented
from, or is to be serviced pursuant to a service agreement by, an
alarm supplier, the name, address, and telephone number of that supplier.
In addition, each person submitting an application for an alarm device
permit shall submit a signed statement in the following form:
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"I (We) the undersigned applicant(s) for an
alarm device permit, intending to be legally bound hereby, state that
neither I (we), nor anyone claiming by, through, or under me (us),
shall make any claim against the Borough of Emsworth for any damage
caused to the premises at which the alarm device, which is the subject
of this application, is or will be located, if such damage is caused
by a forced entry to said premises, in order to answer an alarm from
said alarm device at a time when said premises are or appear to be
unattended or when circumstances appear to warrant a forced entry.
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"Further, I (we) hereby agree that, periodically and upon five days' written notice, representatives of the Borough or Fire Department shall be allowed to enter my (our) premises between the hours of 10:00 a.m. and 5:00 p.m. on weekdays for the purpose of inspecting my (our) alarm device installation in order to determine whether or not it is in accordance with the operational standards set forth in § 63-3 of this article."
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(2)
The Borough shall furnish forms upon which any person
wishing to apply for an alarm device permit may submit his application.
C.
A person applying for an alarm device permit shall
submit an application fee along with his application to cover the
cost of issuing the permit. The application fee is established at
$15; said fee may hereafter be amended by ordinance or resolution
of the Borough Council of the Borough of Emsworth. An alarm user who
is over the age of 65 and is the primary occupant of a residence is
exempt from the fee set forth in this subsection. [1]
D.
The Borough shall, within 10 weekdays from 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 application has been denied and the reason or reasons why
it has been denied.
E.
An application for an alarm device permit may only
be denied for the following reasons:
F.
Notwithstanding the language contained in § 63-2A of this article, it shall not be unlawful for a person to continue to operate an alarm device on his premises without an alarm device permit for a period of 60 days after the effective date of this article, provided that said alarm device was in operation on the effective date of this article.
[Amended 3-12-1997 by Ord. No. 886]
G.
The Borough shall have the power to revoke an alarm
device permit. An alarm device permit shall be revoked by notifying
the permit holder in writing that his alarm device permit has been
revoked and the reason or reasons why it has been revoked. Said written
notice shall be:
(1)
Delivered personally to the permit holder, in which
case the revocation shall be effective immediately upon delivery;
or
(2)
Mailed to the permit holder at his last known address
by certified United States mail, postage prepaid, in which case the
revocation shall be effective three days after mailing.
H.
An alarm device permit may only be revoked for the
following reasons:
(1)
Failure of an alarm device to conform with the operational standards set forth in § 63-3 of this article.
(2)
Failure of a permit holder to pay a false alarm charge assessed to him by the Borough under the provisions of § 63-5 of this article within 30 days of the mailing to him of a notice of the assessment of a false alarm charge.
(4)
The occurrence of an intentional false alarm caused
by the permit holder or by an individual over the age of 15 who resides
on the premises where the alarm device is located.
I.
A person who has had his/her alarm device permit revoked under Subsections G and H of this section may reapply for an alarm device permit 45 days after the effective date of such revocation; provided, however, that if a person's alarm device permit was revoked for nonpayment of a false alarm charge or for nonpayment of installation or maintenance fees, or both, the Borough shall deny said application unless such charge or fee, or both, have been paid. Notwithstanding the foregoing, a person who has had his/her alarm device permit twice revoked on the basis of an occurrence of an intentional false alarm may not reapply for an alarm device permit for one year from the effective date of the second revocation.
A.
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 10 minutes of operation.
[Amended 3-12-1997 by Ord. No. 886]
B.
All alarm devices shall meet the applicable standards
of the Underwriters' Laboratories and/or the National Fire Protection
Association, and/or other recognized industry standards. The applicant
for a permit may be required to submit evidence of the reliability
and suitability of the alarm device.
C.
The sensory mechanism used in connection with an alarm
device must be adjusted to suppress false indications of fire or intrusion,
so that the alarm device will not be activated by impulses due to
transient pressure change in water pipes, short flashes of light,
wind noises such as rattling or vibrating of doors or windows, vehicular
noises adjacent to the premises, or other forces unrelated to genuine
alarm situations.
D.
The alarm device must be maintained by the permit
holder in good repair to assure reliability of operation.
E.
Representatives of the Borough shall periodically,
and upon five days' written notice, have the authority to enter the
premises at which an alarm device is located between the hours of
10:00 a.m. and 5:00 p.m. on weekdays for the purpose of inspecting
the alarm device installation in order to determine whether or not
it is in accordance with the operational standards set forth in this
section. Said representative may require the repairs be made whenever
he has determined that such are necessary to assure proper operation.
It shall be unlawful to cause an intentional
false alarm.
[Amended 3-12-1997 by Ord. No. 886]
A.
General provisions.
(1)
Any police officer or fireman responding to an alarm
which is determined to be false shall promptly notify the Chief of
Police of such alarm in writing and he shall, within five days, have
notification of such false alarm sent via U.S. mail to the person
in whose name the alarm is registered.
(2)
By submitting an application for permit for the installation
of an alarm system and the subsequent installation of such a system
or by the continuation of the use of an alarm system already installed
at the effective date of this chapter, the owner, lessee or user thereof
shall agree that such permit application constitutes a waiver by such
person of the right to bring or file any action, claim or complaint
whatsoever against any police officer or fireman who makes a forced
entry in response to such an alarm into the premises on which such
an alarm is installed as a result of entry into the subject premises.
In the event the owner of such premises is a person other than the
permit applicant, as in the instance of a lessee or other use not
the owner of the premises on which the alarm is installed, such permit
application shall constitute an indemnification agreement by the applicant
to hold harmless any such police officer or fireman, the Borough,
the Police Department and the Fire Department, as appropriate, from
any and all damages whatsoever claimed by the lessor or owner of the
premises on which the alarm is installed.
(3)
Any alarm system which has four or more false alarms
within a calendar year shall be subject to permit revocation.
(a)
The Chief of Police shall notify the alarm user
and the alarm business providing the service or inspection to the
user, by first-class postage-prepaid certified mail, of such fact
and direct that the user submit a report to the Chief of Police within
15 days of receipt of the notice describing actions taken or to be
taken to discover and eliminate the cause of the false alarms.
(b)
If the alarm user submits a report as directed,
the Superintendent Chief of Police shall determine if the action taken
or to be taken will substantially reduce the likelihood of false alarms.
If he determines that the action will substantially reduce the likelihood
of false alarms, he shall notify the alarm user in writing that his
permit will not be revoked at this time.
(c)
If no report is submitted, or if the Chief of
Police determines that the action taken or to be taken will not substantially
reduce the likelihood of false alarms, the Chief of Police shall give
notice, by first-class postage-prepaid certified mail, to the user
that the permit will be revoked without further notice, if the user
does not file within 10 days of a written request for hearing.
(d)
If a hearing is requested, written notice of
the time and place of the hearing shall be served on the user by the
Chief of Police, by first-class postage-prepaid certified mail, at
least 10 days prior to the date set for the hearing, which date shall
not be more than 21 nor less than 10 days after the filing of the
request for hearing.
(f)
An alarm user shall immediately discontinue
use of this alarm system upon being notified, by first-class postage-prepaid
certified mail, of the revocation of his permit.
(g)
An alarm user whose permit has been revoked may apply for a probationary user's permit. Police Chief shall not be required to issue a probationary user's permit, unless he is satisfied that the user's system has been properly serviced and its deficiencies corrected. The Chief of Police may impose reasonable restriction and conditions upon the user before issuing a probationary user's permit, which restriction and conditions shall be written on the permit. A probationary user's permit shall be issued for a one-year period. If the alarm user does not have four or more false alarms during that period, he may apply for a permanent permit under the provisions of § 63-2.
B.
Violations and penalties; costs.
(1)
If disconnected by police and reconnected by the user,
a fine of not more than $600 for each offense, plus costs of prosecution,
and, in default of payment of such fine and costs, imprisonment not
to exceed 30 days, will be imposed.
(2)
Consent to pay cost; schedule of costs. For the purposes
of defraying the costs to the Police Department and Fire Department
of responding to false alarms, the owner, lessee or user of any alarm
system, persons using the services of an Intermediary, users of audible
alarms and users of any other kind of alarm systems or any other kind
of direct or indirect connection with the police or fire communications
center, except persons using the two-way live voice communication
by telephone, shall, as a condition to installation and continued
operation of such equipment or service, execute a consent in such
form as may be prescribed by the Borough that such owner, lessee,
or user shall pay the Borough for all false alarms upon the following
schedule for each false alarm originating from the owner's, lessee's
or user's premises:
C.
Failure to comply. Any such owner, lessee, or user who fails to execute the consent described in Subsection B(2) within 90 days from the effective date of this chapter shall, within the ninety-day period, disconnect the alarm system.
D.
Any owner, lessee or user of an alarm system may revoke or refuse to consent as set forth in Subsection B(2) above only by disconnecting the alarm system. With respect to such systems installed at the effective date of this chapter, the owner, lessee, or user can refuse or revoke the aforesaid consent by disconnecting such alarm system within 90 days from the effective date of this chapter.
E.
Penalties provided for false alarms that are relayed
or transmitted by an intermediary shall be the responsibility of the
owner or user of the alarm system.
A.
The Borough shall issue an alarm installation permit
to an alarm supplier meeting the requirements of this section upon
the filing of the required application and payment of a fee of $50.
Said fee may hereafter be amended by ordinance or resolution of the
Borough Council of the Borough of Emsworth. Each permit shall bear
the signature of the Police Chief and be for a one-calendar-year period.
A copy of the license shall be displayed physically upon each of the
premises using the alarm system and shall be available for inspection
solely by the Police Department.
B.
Each alarm supplier that installs one or more alarm
systems in the Borough shall make service available on a twenty-four-hours-per-day
basis, seven days a week, to repair such devices and to correct malfunctions
as they occur. Any person using an alarm system shall make arrangements
for service to be available for such device on a twenty-four-hours-per-day,
seven-days-per-week basis.
C.
The applicant shall furnish an insurance certificate
annually confirming that the applicant has in force general liability
insurance coverage in an amount of not less than $300,000 each occurrence.
An applicant who self insures such coverage shall furnish evidence
of financial ability.
D.
In addition to the permit fee, alarm suppliers shall
pay an annual license fee of $100. Said fee may hereafter be amended
by ordinance or resolution of the Borough Council of the Borough of
Emsworth.
(2)
A license may be revoked or renewal denied if:
(a)
The licensee fails to meet the requirements
necessary to obtain a license;
(b)
The license fee is not paid;
(c)
The Chief of Police has reason to believe the
licensee's installations are the cause of false alarms; or
(d)
The licensee fails to provide emergency services
as required by this chapter.
If the location of the Police Department or
Fire Department should change at any time, the Borough of Emsworth
shall not be responsible for any cost incurred by permit holders or
other persons in the relocation of alarm devices because of said change
in location.
The issuance of any permit shall not constitute
acceptance by the Borough of any liability to maintain any equipment,
to answer alarms, or for anything in connection therewith.
Whenever, under the provisions of this article,
the Borough is empowered to make a decision with respect to the installation,
operation, or maintenance of any alarm device, or with respect to
the denial or revocation of any permit relating thereto, any applicant
for a permit or permit holder aggrieved by said decision may, within
10 days following said decision, file a written appeal therefrom with
the President of the Borough Council, whereupon the Council shall
promptly conduct a hearing and affirm, modify, or reverse the decision
appealed from. The decision of the Council shall be final.
[Amended 3-12-1997 by Ord. No. 886]
A.
Any person who has committed an unlawful act or a violation of § 63-2 of this article shall, upon conviction thereof by any District Justice or other court of competent jurisdiction, be sentenced to pay a fine of not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment not to exceed 30 days, for each year in which an alarm user fails to obtain a permit.
B.
Any person who has committed an unlawful act or a violation of § 63-4 of this article shall, upon conviction thereof by any District Justice or other court of competent jurisdiction, be sentenced to pay a fine of not more than $1,000 for each offense, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment not to exceed 30 days.
C.
In the case of firms or associations, the penalties
herein may be imposed on the partners or the members thereof; and,
in the case of corporations, upon the officers thereof.
[Added 3-12-1997 by Ord. No. 886]
A.
Certain audible alarm systems, no permit required.
A battery-powered (nine volts, 11.2 volts or similar voltage) audible
alarm system or an electrically energized audible alarm system whose
sole purpose is to notify the occupants of that location of an emergency
situation shall be exempt from the permit requirements of this chapter
if all of the following conditions exist:
(1)
The alarm is not connected to any mechanical or electrical
device that automatically notifies a person or agency outside that
location that the alarm system is activated.
(2)
The audible alarm does not sound outside the location
(no external speakers).
(3)
The internal signal permitted by the audible alarm
does not exceed 90 decibels.
(4)
The internal alarm does not cause undue annoyance
or alarm to occupants of adjoining premises.
B.
Alarm users who are not required to pay a fee or who
are exempt from obtaining an alarm user's permit as above shall nevertheless
be subject to the penalty provisions prescribed in this article.
C.
After the effective date of this article, no one except
an alarm supplier holding a valid permit from the Borough shall install
any alarm system within the confines of the Borough, unless the user
installs the system.
[Adopted 1-14-1998 by Ord. No. 896]
All properties within the Borough of Emsworth
having an automatic fire alarm system or a fire sprinkler system shall
be equipped with a key box. Residential property which is less than
5,000 square feet shall be exempt from this requirement.
The key box shall be of UL type and approved
by the Borough Fire Marshal. The key box shall be installed in a location
approved by the Borough Fire Marshal.
The key boxes shall contain the following:
All existing buildings shall comply within 12
months of the effective date of this article. All newly constructed
buildings, not yet occupied, or buildings currently under construction
shall comply immediately.
Any building owner violating this article after
notice from the Borough Fire Marshal shall, upon conviction thereof
by any District Justice or other court of competent jurisdiction,
be sentenced to pay a fine of not more than $600 for each offense,
plus costs of prosecution, and, in default of payment of such fine
and costs, to imprisonment not to exceed 30 days.
