[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson 12-18-1984 by Ord. No. 861. Amendments noted where applicable.]
The Mayor and Council of the Borough of Emerson
find that the existence within the Borough of external audible alarm
systems which do not contain automatic cutoff systems permits the
continuing emission of loud alarm signals without termination; and
that, in the event of unavailability of those able to control and
terminate the alarm, persons in the vicinity are exposed to these
loud noises for lengthy, indefinite periods without means of obtaining
relief; that this condition is inimical to the public health and welfare
and to the well being of persons within the Borough; and that lengthy
emission of alarm signals is not necessary to the legitimate purposes
of the property owner or occupant. The Mayor and Council further find
that many residents and commercial entities have installed burglar,
fire and other warning devices within their residences or buildings
with the alarm wired to the Police Department, and that numerous false
alarms from said devices requiring Police and/or Fire Department response
cause unnecessary expense to the Police and/or Fire Department and
the unproductive diversion of Police and/or Fire Department personnel
and equipment from their public safety function within the Borough.
The purpose of this chapter is to establish
regulations concerning the operation and maintenance of certain alarm
systems within the Borough of Emerson and to provide penalties for
violations of any of the provisions set forth herein.
For the purposes of this chapter, the following
definitions shall apply:
Any type of alarm-actuating equipment which provides warning
of intrusion, fire, smoke, burglary, flood or like perils, including
dial alarms (devices using normal telephone lines transmitting notification
by telephone directly to the police headquarters) and direct alarms
(devices using telephone lines terminating in an alarm panel located
in police headquarters).
That component installed in police headquarters containing
alarm indications and designations.
The installation in one or more buildings of one or more
alarms for the express purpose of giving visual or audible warning,
or both, of an emergency such as a burglary, intrusion, fire, smoke,
flood or like perils.
A device that emits an audible signal from the premises that
it is designed to protect.
An alarm signal necessitating response by the Emerson Police
or Fire Department where an emergency situation does not exist.
Any natural person, partnership, corporation, association
or other legal entity.
All audible alarms shall be equipped with a
timing device that will automatically silence the external audible
alarm within 15 minutes after it is actuated.
A.
It shall be the responsibility of all persons maintaining
an alarm system within the Borough to leave with the Police Department
the name of a person or persons who can be reached in case of an emergency
or malfunctions of the alarm device in order that the device can be
temporarily disconnected. In lieu thereof, this requirement may be
fulfilled by leaving a tagged key to the premises with the Chief of
Police of the Borough, provided that in so doing the owner thereby
releases the Borough of Emerson and the Police Department and/or Fire
Department from any claims or damage or loss in connection with said
action.
B.
Persons having an alarm device which is being tested
or repaired shall notify the Police Department before tests or repairs
commence and after completion of same so as to avoid the possibility
of activating a false alarm.
A.
It shall be the responsibility of all persons maintaining
an alarm system within the Borough to prevent the transmission of
false alarms through a program of training and periodic inspection
and maintenance of the system.
B.
In the case of a false alarm, any person having knowledge
thereof shall immediately notify the Police Department. In the case
of false alarms, the Chief of Police shall cause an investigation
to be made and keep a record of the alarms on file.
In any twelve-month period the following penalties
shall apply:
A.
For the first and second alarms, a warning shall be
issued by the Chief of Police.
B.
For the third false alarm, a fine of $75 shall be
paid to the Borough.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
For the fourth false alarm in the twelve-month period,
a fine of $150 shall be paid to the Borough.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
In the event of a fifth or subsequent false alarm,
a fine of not more than $500 shall be paid to the Borough. In addition
to the fine established herein, an investigation shall be conducted
by the Police and/or Fire Prevention Bureau. Where the investigation
of the Police and/or Fire Prevention Bureau discloses continued abuse
of or negligent operation or maintenance of alarm device and a disregard
of the taking of remedial steps to avoid false alarms, the Police
Chief and/or Fire Chief may require disconnection of the device from
the alarm panel for a limited or permanent time, provided that no
disconnection shall be made without giving the owner or user of the
alarm device an opportunity to show cause before the Mayor and Borough
Council why such action should not be taken.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person violating any of the provisions of
this chapter, except that section governing repeated false alarms
and penalties therefor, shall, for each offense, be subject to a fine
of not more than $500 in the discretion of the Judge of the Emerson
Municipal Court. Each incident shall be considered a separate violation.
The provisions of this chapter shall apply to
alarm systems placed in service prior to or subsequent to the effective
date of this chapter; provided, however, that persons responsible
for existing alarm devices shall have 30 days from the effective date
of this chapter to provide to the Police Department the information
required by this chapter and shall have 90 days from the effective
date of this chapter to equip any nonconforming audible device with
the automatic silencing mechanism required by this chapter.
