As used in this section, the following words and terms shall have the
following meanings:
The activation of any alarm which results in the response of the
Bureau of Police caused by mechanical failure, malfunction, improper installation
or lack of proper maintenance, or any other response for which Bureau of Police
personnel are unable to determine the apparent cause of the alarm activation.
Any mechanical, electrical, visual or radio/controlled device which
is designed to be used for the detection of any unauthorized entry into a
building, structure or facility, or both, which emits a sound or transmits
a signal or message when activated. Without limiting the generality of the
foregoing, alarm systems shall be deemed to include audible/visual alarms
at the site of installation of the detection device, proprietor alarms and
automatic telephone direct dial devices or digital alarm communicator systems.
Any person who inspects, installs, repairs or performs maintenance
on burglar alarm systems and owns or is employed by a firm which is registered
as an alarm contractor and is licensed to operate a business in the City of
Butler.
Police Chief or his designated representative.
Activation of any alarm which results in the response of the Bureau
of Police caused by the negligence or intentional issue of the system by the
owner or his employees, servants, guests or agents or any other activation
not caused by forced entry, attempted forced entry or unlawful acts exclusive
of burglar alarm malfunction as defined above. An alarm is not considered
a false alarm if activated due to malicious causes beyond the control of the
owner.
A.Â
[1]Every person who installs, owns, leases, possesses or operates
any burglar alarm system within the city shall notify the Enforcement Official
of the existence of said alarm system prior to the system being activated.
It shall be the sole responsibility of the company which is installing any
burglar alarm system to provide the system owner with a copy of the most current
City Alarm Ordinance and an Application for Annual Permit for Alarm System
form, which shall be completed and forwarded to the Enforcement Official prior
to the system being activated, along with a permit fee as set forth in the
City of Butler Fees Schedule, adopted from time to time by resolution of the
City Council.[2] Notice to the Enforcement Official shall include the following
information:
(1)Â
The name(s), address, business and home telephone numbers
of the owner, lessee, operator, manager, agent or person in possession of
the premises wherein the alarm system is installed.
(2)Â
The name, address and telephone number of a minimum of
two (2) persons who can be notified by the Enforcement Official in the event
of the activation of the alarm system who shall be capable of responding to
the premises within thirty (30) minutes and who is authorized to ascertain
the status thereof.
(3)Â
The date of the activation of the alarm system.
Every person who owns, leases, possesses operates a burglar alarm system
within the city shall obtain a permit issued by the Enforcement Official.
A permit fee in an amount as set forth in the City of Butler Fee Schedule,
adopted from time to time by resolution of the City Council, shall be payable
at the time the initial application for permit is filed and an amount as set
forth in the City of Butler Fee Schedule, adopted from time to time by resolution
of the City Council, each year thereafter and shall be received by the Treasurer
no later than fifteen (15) days past the anniversary date of the initial activation
of said burglar alarm system. In the event that a permittee has one (1) or
more burglar alarm systems protecting two (2) or more separate structures
having different addresses, a separate permit fee shall be paid for each structure.
The Enforcement Official shall issue a license specifying the permit number
with each permit issued. The permittee shall post the initial license and
renewal licenses prominently on or near the front entrance to the premises
such that the information provided on the decal is visible and forwarded to
the Enforcement Official prior to the system being activated. All payments
due hereunder shall be paid to the City Treasurer.
A.Â
The responsibility for a burglar alarm activation shall be that of the owner of the premises in which the burglar alarm system is installed. A response to an activation shall result when any member of the Bureau of Police shall be dispatched to the premises where the alarm has been activated regardless of the means thereof. Upon arrival, the Enforcement Official shall notify any person identified in the notice required pursuant to § 98-8A(2) of the activation of the alarm system and such person shall thereupon travel to the premises to ascertain the status thereof. Failure to appear at said premises within thirty (30) minutes after notification of alarm activation the city shall assess the owner of the premises a fee as set forth in the City of Butler Fee Schedule, adopted from time to time by resolution of the City Council.[2] The Enforcement Official who responded to said premises shall
serve the owner or authorized agent an Alarm Cause and Corrective Action Form.
B.Â
In the event of a burglar alarm activation deemed by
the Enforcement Official to be the result of a burglar alarm malfunction,
the owner will be served an Alarm Cause and Corrective Action Form by the
Enforcement Official, indicating the activation was deemed to be the result
of a malfunction of the system, and requiring the owner to return a completed
"Affidavit of Service/Repair" within fifteen (15) days of said alarm activation
which verifies to the Enforcement Official the burglar alarm system in question
his been examined by a burglar alarm technician and a bona fide attempt has
been made to identify and correct any defect of design, installation or operation
of the alarm system which was identifiable as the cause of the alarm malfunction.
Failure to return an Affidavit of Service/Repair within allotted time period
which is satisfactory to the Enforcement Official will result in assessment
against the owner of the alarm system a fee as set forth in the City of Butler
Fee Schedule adopted from time to time by resolution of the City Council,
for the burglar alarm malfunction.
A.Â
No fee shall be assessed for the first three (3) false
burglar alarms at the same premises responded to by the Bureau of Police during
each calendar year. Thereafter, the fees as set forth in the City of Butler
Fee Schedule, adopted from time to time by resolution of the City Council,
shall be paid by the owner for each false burglar alarm responded to by the
Bureau of Police at the same premises during said calendar year.[1]
B.Â
After the fifth burglar alarm malfunction or false alarm
or any combination thereof, the owner shall appear at a scheduled meeting
of the Alarm Systems Review Board after he/she has received notice to appear.
The Board may also request the alarm contractor which installed or provides
maintenance or service to the premises to appear before the Board. The Enforcement
Official shall send notice by certified mail, return receipt requested, at
least five (5) days prior to the next scheduled meeting.
C.Â
Should any fee assessed pursuant to this section remain
unpaid in excess of one hundred twenty (120) days from the date the fee is
billed, the owner shall also be responsible for any legal fees or costs incurred
by the City of Butler in the enforcement of this section.
