For purposes of this chapter, the following terms shall have the following
meanings:
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:
A.
Directly to the Police Department.
B.
To a person who is instructed to notify the Police Department of the
alarm.
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.
FALSE FIRE ALARM
An alarm to which the Fire Department responds resulting from the
activation of a smoke or fire alarm device when a fire has not, in fact, occurred.
[Added 4-10-1997 by Ord. No. 540]
FIRE DEPARTMENT
The Leetsdale Borough Fire Department.
[Added 4-10-1997 by Ord. No. 540]
PERMIT HOLDER
A person to whom the Police Department has issued a permit pursuant
to the terms of this chapter.
PERSON
Any individual, partnership, firm, association, corporation, or other
legal entity.
SCHOOL
Any institution dedicated to instruction and/or learning, including,
but not limited to, public and private pre-schools, kindergartens, elementary
and secondary schools.
[Added 4-10-1997 by Ord. No. 540]
No property owner, tenant or other person occupying premises within the Borough may install, or cause the installation of, an alarm device after the effective date of this chapter without first obtaining a permit from the Police Department ("permit") to do so. No person may install, or cause the installation of, an alarm device serving premises outside the Borough after the effective date of this chapter without first obtaining a permit from the Police Department to do so in the event that such alarm device triggers on alarm. A permit shall also be required for the revision or upgrading of an existing alarm device, but the fee referred to in §
100-4 hereof shall not be charged in such an instance. A permit shall also be required to maintain an alarm device in place before the effective date of this chapter, but the fee referred to in §
100-4 hereof shall not be charged for its issuance, and the permit need not be obtained until 90 days after the effective date of this chapter.
The Police Department shall be empowered to require any person applying
for a permit to follow such reasonable rules and regulations in the installation
and maintenance of the alarm device as the Police Department shall promulgate
to carry out the purposes of this chapter; provided, however, that such rules
and regulations shall require that person to comply with the following:
A. Exoneration. That person shall agree, as a condition
to the obtaining of the permit, to release, indemnify and hold the Borough,
its employees, officers and agents, harmless for any damage to other parties
or property incurred in responding to an alarm.
B. List of names. That person shall agree, as a condition
to the obtaining of the permit, to give the Police Department the names of
at least two individuals having access to the premises served by the alarm
device and to the alarm device itself in the event that such individuals do
not reside at the premises and are authorized to enter the premises at any
time, except where the Police Department itself has keys to the premises and
is adequately informed how to operate the alarm device.
[Amended 10-9-1991 by Ord. No. 497]
The cost of obtaining a permit shall be established, from time to time,
by resolution of the Borough Council.
A permit holder, other than a person operating a commercial establishment,
shall pay fines in accordance with the following schedule for a false alarm
triggered by the alarm device for which a permit was issued to that permit
holder:
A. Free calls. The first three false alarms in a calendar
year: no fine.
B. Fourth through sixth. The fourth through sixth false
alarms in a calendar year: $25 per false alarm.
C. Calls beyond the sixth. All false alarms beyond the sixth
in a calendar year: $50 per false alarm.
[Amended 4-10-1997 by Ord. No. 540]
A permit holder operating a commercial establishment or a school shall
pay a fine of $50 for each false alarm triggered by the alarm device for which
a permit was issued in connection with that permit holder's establishment
or school.
The Borough Secretary, or his delegate, shall collect all fees for a
permit issued by the Police Department. Each permit holder with an alarm device
triggering a false alarm shall be informed in writing by the Chief of the
Police Department, or his delegate, of any false alarm.
[Amended 10-9-1991 by Ord. No. 497]
The violation or failure to comply with any provision of this chapter
shall constitute an 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:
A. False alarm. The fine for a false alarm may in no event exceed the fine proscribed in §
100-5 or
100-6 hereof, whichever is applicable.
B. Other provisions. Any person who shall fail to obtain a permit under §
100-2, fail to comply with §
100-3, or fail to comply with §
100-4, for each such failure, shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.
[Added 4-10-1997 by Ord. No. 540]
A commercial establishment or a school shall pay a fine of $100 for
each false fire alarm.