For the 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; or
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.
PERMIT HOLDER
A person to whom the Police Department has issued a permit
pursuant to the terms of this chapter.
PERSON
An individual, corporation, partnership, incorporated association
or other similar entity.
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 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 an alarm. A permit shall also be required for the revision or upgrading of an existing alarm device, but the fee referred to in §
33-4 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 §
33-4 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.
The cost of obtaining a permit shall be $25,
except for a commercial establishment, in which case such cost shall
be $50.
[Amended 1-20-2009 by Ord. No. 516]
A permit holder 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 call. The fourth false alarm in a calendar
year: $100.
C. Fifth call. The fifth false alarm in a calendar year:
$200.
D. Calls beyond the fifth. All false alarms beyond the
fifth in a calendar year: $300 per false alarm.
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 1-20-2009 by Ord. No. 516]
The violation or failure to comply with any
provision of this chapter shall constitute a summary 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 prescribed in §
33-5 hereof.
B. Other provisions. The fine for each and every failure to obtain a permit under §
33-2 hereof, for each and every failure to comply with any provision set forth in §
33-3 hereof and for each and every failure to pay the fee for obtaining a permit under §
33-4 hereof shall not, pursuant to Section 3308 of the Borough Code, Act of February 1, 1966, P.L. 1656, No. 581, exceed $600.
[Added 1-20-2009 by Ord. No. 516]
Section
33-5 of this chapter may be amended by resolution.