[Ord. 1518, 4/8/1985, § 2; as amended by Ord. 2082, 12/13/2010, § 2]
The purpose of this Subpart is to provide regulations and standards applicable to alarm devices, alarm businesses, alarm agents and alarm users as defined in this Subpart. This Subpart shall not apply to burglar, duress, holdup or other Police Department alarms.
[Ord. 1518, 4/18/1985, § 2]
For the purpose of this Part, the following definitions shall apply:
ALARM AGENT
Any person who is employed by any business, firm, corporation or other commercial entity that is licensed hereunder to conduct the business of owning, operating, maintaining, installing, leasing or selling alarm devices whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing, in or on any building, place or premises, any alarm device as defined in this Part, located within the Borough of Pottstown or connected to the central alarm monitoring facility.
ALARM BUSINESS
Any business, firm, corporation or other commercial entity which is in the business of owning, operating, maintaining, installing, leasing or selling an alarm device or devices, or system of alarm devices, which business, firm, corporation or other commercial entity is, as owner, operator, provider of maintenance service, installer, lessor or seller of said device, devices or system of devices, subject to the license requirements of this Part.
ALARM DEVICE
Any device, which, when activated by smoke, fire, or other emergency requiring Fire Department response (exclusive of police alarms), transmits a signal to the Central Alarm Monitoring Facility at Police and/or Montgomery County Emergency Dispatch Center, or to a private central alarm system, and/or produces an audible or visible signal to which the Fire Department is expected to respond. Excluded from this definition and from the coverage of this Chapter are alarm devices which are designed to alert or signal persons within the premises in which the alarm device is installed of an attempted unauthorized intrusion, holdup, fire or other emergency, and is not intended to alert persons outside the premises.
[Amended by Ord. 2082, 12/13/2010, § 3]
ALARM INSTALLATION
Any fire or emergency alarm device or aggregation of police or fire alarm devices installed on or within a single building or on or within more than one building or area adjacently located on a common site, at a specific location.
[Amended by Ord. 2082, 12/13/2010, § 3]
ALARM REVIEW BOARD
A board consisting of the following: the Police Chief, or his designee; the Fire Chief, or his designee; and the Borough Public Works Director, or his designee. The function of the Alarm Review Board shall be to review disputes arising out of violations of this Part, including false alarm penalties, alarm device malfunctions and license or permit suspension or revocation. It shall further be the function of said Alarm Review Board to recommend prosecution of any violations of this Part and to make recommendations to the Borough Manager regarding enforcement of this Part.
[Amended by Ord. 2082, 12/13/2010, § 3]
ALARM USER
The term "alarm user" means any person on whose premises an alarm device is owned, operated, used or maintained.
CENTRAL ALARM MONITORING FACILITY
A facility owned by the Borough of Pottstown and located at police and/or the Goodwill Fire Station which is monitored by Borough or Goodwill employees who receive, record and validate alarm signals transmitted from private alarm devices.
CENTRAL ALARM STATION
Any facility operated by a private firm that owns or leases a system of alarm devices, which facility is manned by operators who receive, record or validate alarm signals and relay information about such validated signals to police and/or fire headquarters when appropriate.
DIAL ALARM
A telephone device or telephone attachment that automatically or electronically selects a telephone line connected to police and/or fire headquarters and reproduces a prerecorded message to report a criminal act or other emergency requiring police or fire department response.
DIGITAL COMMUNICATOR ALARM
A telephone device that electronically selects a predetermined telephone number and transmits a digital coded signal to the central alarm monitoring facility at the police and/or fire headquarters.
DIRECT ALARM
Any alarm device which transmits a signal over a leased telephone line to the central alarm monitoring facility.
FALSE ALARM
The term "false alarm" means the activation of an alarm system through mechanical failure, malicious intent, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or of his or her employer or agents. Such terminology does not include, for example, alarms caused by hurricanes, tornadoes, earthquakes or other violate conditions which are clearly beyond the control of the alarm user.
FIRE COMMUNICATION CENTER
The radio communications room for the Borough of Pottstown Fire Department located at the Goodwill Fire Company.
LICENSING AUTHORITY
The licensing authority shall be the Borough Manager.
LOCAL ALARM DEVICE
Any alarm device not connected to the central alarm monitoring facility or to a private central alarm station which, when activated, causes an audible and/or visual signaling device to be activated on the exterior of the premises within which the device is installed.
MASTER ALARM BOX
A device which can be used to connect an alarm installation to the municipal alarm system for reporting a fire.
MALFUNCTION
A mechanical deficiency or other fault or failure in an alarm device which results in a false alarm.
MANUAL ALARM DEVICE
Any alarm device in which activation of the alarm signal is initiated by the direct action of the alarm user.
MUNICIPAL ALARM SYSTEM
A system of manual pull boxes which are located throughout the Borough of Pottstown for the use by the public to report a fire.
POLICE COMMUNICATIONS CENTER
The radio communications room of the Borough of Pottstown Police Department located in City Hall.
[Ord. 1518, 4/8/1985, § 2; as amended by Ord. 1735, 4/12/1993]
1. 
Authority to Grant Licenses, Permits and Identification Cards.
A. 
The Borough Manager is hereby authorized to grant a revocable license to any business, firm, corporation or other commercial entity to perform any or all of the following functions in respect to an alarm device or devices or system of alarm devices:
(1) 
Own.
(2) 
Operate.
(3) 
Maintain.
(4) 
Install.
(5) 
Lease; sell.
B. 
The Borough Manager is hereby authorized to grant a revocable permit to any owner of property or the lessee thereof to operate, maintain, install and modify an alarm device.
2. 
Application for License; Permits. Applications for licenses and permits shall be made as follows:
A. 
All businesses, firms, corporations or other commercial entities which are in the business of owning, operating, maintaining, installing, leasing or selling an alarm device or system of alarm devices, who desire to conduct business which utilizes the Borough alarm system or Borough Public Safety Departments shall apply to the Borough Manager for a business license on a form to be supplied by the Borough. The application shall contain specific information relating to the quality, efficiency and effectiveness of the device or system of devices owned or to be operated, maintained, installed, leased or sold by the business licensee, testing procedures involved, and other information the Borough Manager shall determine to be reasonably necessary to effectuate the purpose of this Part. Such application for license shall also include a description of the alarm device or devices offered for sale or lease to the public, a description of any services related to alarm devices offered to the public, and in the case of alarm companies with prior business in the Borough, a complete list of the names and addresses of all persons in the Borough to whom or for whom alarm devices have been sold and/or who are currently under contract to the alarm business for services. Such business license shall be issued for a one-year period, on a calendar year basis or part thereof, and no license shall extend beyond December 31st of each year. Notwithstanding this provision, a licensed alarm business may conduct such business through January 31st of the year following the expiration of the alarm business license.
B. 
Any property owner or lessee of property having on such premises an alarm device or system of alarm devices connected to the Borough alarm system or relying upon Borough Public Safety Departments for response, shall apply to the Borough Manager on a form to be supplied by the Borough, for a permit to own or otherwise have such a device. No such device may be installed on the premises of the owner or lessee prior to the issuance of a permit to such owner or lessee, and no presently existing alarm device shall be modified prior to the issuance of a permit to such owner or lessee. Such permit need not be obtained on an annual basis, but shall be obtained each time a device or system is to be installed or modified.
3. 
License Fees. License fees shall be as follows:
A. 
The license to conduct an alarm business shall be in an amount as established from time to time per calendar year, or part thereof, by resolution of Borough Council.
B. 
The alarm user permit shall be issued without charge.
4. 
Unlawful to Operate, Maintain, Install, Lease or Sell an Alarm Device Without a License.
A. 
It shall be unlawful for any person, business, firm or corporation to operate, maintain, modify, install, lease or sell an alarm device or devices or system of alarm devices as defined by the terms of this Part without first obtaining a license as hereinabove provided.
B. 
Any person engaged in the business of maintaining, repairing, servicing, altering, replacing, removing or installing an alarm device or system of devices shall carry on his person at all times while so engaged, a copy of his company's license.
5. 
Denial, Suspension or Revocation of License or Permit and Disconnection of Alarm System.
A. 
The Borough Manager may require the denial, suspension or revocation of any license or permit, or the disconnection of any alarm system connected to a central alarm monitoring facility at any time the Borough Manager deems necessary or because of more than four false alarms in one calendar year, or the violation of any of the provisions of this Part, or the violation of any standards or regulations promulgated by the Borough Manager pursuant to this Part. Any license or permit issued hereunder shall be surrendered to the Borough Manager following final adverse determination as provided herein.
B. 
No part of a license fee shall be refunded when a license is suspended or revoked, or upon termination of a business.
C. 
Any applicant whose application for a license or permit has been denied, or any business licensee, owner or lessee whose license has been suspended or revoked by the Borough Manager or any owner or lessee whose alarm system has been disconnected for more than four false alarms in one fiscal year may contest such denial, suspension, revocation or disconnection in writing to the Alarm Review Board within 10 days after the date of the notice of denial, suspension, revocation or disconnection. The Alarm Review Board will make recommendations to the Borough Manager following its consideration of any contested ruling.
[Ord. 1518, 4/8/1985, § 2; as amended by Ord. 1707, 10/12/1992, and by Ord. 1735, 4/12/1993]
1. 
Borough Assumes No Responsibility for Such System.
A. 
Notwithstanding the payment of any fee and/or the issuance of any permit as herein required, the Fire Department and the Borough of Pottstown shall be under no obligation whatsoever concerning the adequacy, the operation or maintenance of the alarm device so installed or of the operation of the central alarm monitoring facility, and the Borough of Pottstown and its authorized agents hereby assume no liability whatsoever for any failure of any such alarm device or the central alarm monitoring facility, or for failure to respond to any such alarm, device or system.
[Amended by Ord. 2082, 12/13/2010, § 5]
B. 
The alarm user or permittee, upon acceptance of such permit, hereby agrees to hold and save harmless the Borough of Pottstown, its agents or employees, from any liability whatsoever in connection with any such alarm device or the operation of the same.
2. 
Dial Alarm Devices; Using Telephone Switchboard for Prerecorded Voice Messages Prohibited. No person shall use, or cause or permit to be used, any dial alarm device that automatically selects a telephone trunk line of the Police or Fire Department of the Borough of Pottstown and then reproduces any prerecorded voice messages to report any fire or other emergency. The use of any dial alarm device which relays a digital coded signal to the central alarm monitoring facility is permitted under this Part.
[Amended by Ord. 2082, 12/13/2010, § 5]
3. 
Intentional False Alarm. It shall be a violation of this Part to intentionally cause a false alarm, and any person who does intentionally cause a false alarm shall be subject to the penalty provision of § 106 of this Part.
4. 
False Alarm Charges.
[Amended by Ord. 2082, 12/13/2010, § 5]
A. 
Alarms Connected to Central Alarm Monitoring Facility. Any owner or lessee of property having an alarm device or system of devices on such premises, and any user of services or equipment furnished by a licensee under this Part, and connected to the central alarm monitoring facility, shall pay to the Borough a charge for each and every false alarm to which the Fire Department responds in each calendar year, as follows: Beginning the 91st day next following the date of completion of the initial installation of a system and continuing thereafter, a service fee, in an amount as established from time to time by resolution of Borough Council, shall be charged for each false alarm to which police response was made and another fee, in an amount as established from time to time by resolution of Borough Council, shall be charged for each false alarm to which fire response was made at installations within the limits of the Borough of Pottstown, and a service fee, in an amount as established from time to time by resolution of Borough Council, shall be charged for each false alarm at installations without the limits of the Borough of Pottstown.
B. 
Privately Monitored and Local Alarm Devices.
(1) 
Any owner or lessee of property having a privately monitored or local alarm device on such premises and any user of services or equipment furnished by a license under this Part shall pay to the Borough a charge for each and every false alarm to which the Fire Department responds in each calendar year.
(2) 
Beginning the 91st day next following the date of completion of the initial installation of a system and continuing thereafter, a service fee, in an amount as established from time to time by resolution of Borough Council, shall be charged for each false alarm to which police response is made, and another fee in an amount as established from time to time by resolution of Borough Council shall be charged for each false alarm to which fire response was made at installations within the limits of the Borough of Pottstown, and a service fee in an amount as established from time to time by resolution of Borough Council shall be charged for each false alarm at installations without the limits of the Borough of Pottstown.
(3) 
The above charges will be collected by the Borough. Failure to pay a false alarm charge shall subject such alarm owner, lessee or user to removal of his alarm device from the central alarm monitoring facility and/or the penalty provisions of this Part. Any alarm owner, lessee or user charged with a false alarm may, within 10 days of receipt of the notice of the charge, contest such in the manner provided in § 102 of this Part.
5. 
Installation and Maintenance Charges.
A. 
Direct Alarm. The installation charge for any direct alarm system inside the Borough of Pottstown shall be in an amount as established from time to time by resolution of Borough Council for each monitor station. There shall be an annual maintenance charge in an amount as established from time to time by resolution of Borough Council every such residential property that is a part of the system, and an annual maintenance charge in an amount as established from time to time by resolution of Borough Council for every such commercial or industrial location that is a part of the system.
B. 
Digital Communicator. The installation charge for any digital communicator alarm system inside the Borough of Pottstown shall be in an amount as established from time to time by resolution of Borough Council for each monitor station. There shall be an annual maintenance charge in an amount as established from time to time by resolution of Borough Council for every such residential property that is a part of the system, and an annual maintenance charge in an amount as established from time to time by resolution of Borough Council for every such commercial or industrial location that is a part of the system.
C. 
The installation charge for any digital communicator system outside the Borough of Pottstown shall be in an amount as established from time to time by resolution of Borough Council for each monitor station. There shall be an annual maintenance charge in an amount as established from time to time by resolution of Borough Council for every such residential property that is a part of the system, and an annual maintenance charge in an amount as established from time to time by resolution of Borough Council for every such commercial or industrial location that is a part of the system.
D. 
Goodwill Terminal. Alarms which terminate at the Goodwill Fire Station shall pay charges to the Goodwill Company as determined by the Goodwill Company.
6. 
Removal of Unlawful Equipment. In addition to any other remedy provided by law, the Borough Manager, whenever he shall have knowledge of the use of any alarm device, cabinet or attachment which is not operated or maintained in accordance with the provisions of this Part, or which is contrary to regulations promulgated pursuant to this Part, may order the disconnection of such device from police and fire headquarters, and it shall be unlawful to disobey such order.
7. 
Rules, Regulations, Standards and Enforcement. The Borough Manager shall promulgate rules, regulations and standards applicable to alarm devices, alarm businesses, alarm agents and alarm users which are necessary for the purpose of assuring the quality, efficiency and effectiveness of alarm devices and alarm installations owned, operated, maintained, installed, leased or sold by a licensee under this Part. The Borough Manager shall administer and enforce the provisions of this Part. The aforesaid rules, regulations and standards shall be set forth in writing and copies shall be available for applicants.
[Ord. 1518, 4/8/1985, § 2; as amended by Ord. 2082, 12/13/2010, § 6]
1. 
Direct Alarm Systems. The Borough Manager is hereby authorized to prescribe the location and manner of installation of all cabinets, accessories, connections, and equipment of an approved direct alarm system within police and fire headquarters for the purpose of providing a direct alarm system where the visible and audible signals therefrom may be readily seen and heard by police and fire personnel.
2. 
Local Alarm Devices. All alarm devices, including local alarm devices, will be equipped with an automatic shutoff device which will shut off the alarm after 15 minutes of activation.
3. 
Exceptions. None of the provisions of this Subpart shall apply to an alarm device or devices installed in a motor vehicle or trailer, nor to employees of a public utility company engaged in the business of providing communication, services or facilities.
4. 
Automatic Protection Devices Repair Service.
A. 
Each alarm equipment supplier who sells or leases an automatic protection device in the Borough which is keyed to a designated trunk line shall make service available directly or through an agent on a twenty-four hour-per-day basis seven days a week to repair such device or to correct any malfunction that may occur. Such service shall be made available for any person using an automatic protection device supplied.
B. 
At the time of installation, an alarm equipment supplier shall furnish to any buyer or lessee using a repair service written information as to how service may be obtained at any time, including the telephone number of the alarm equipment supplier or agent responsible for service. The buyer or lessee and the alarm equipment supplier or agent supplying a service shall be responsible for having the device disconnected or repaired as quickly as possible after notice that the automatic protection device is not functioning properly.
5. 
Automatic Protection Device; Authority to Inspect. For the purpose of enforcing this Subpart and as a condition of installing and maintaining an automatic protection device, the owner or lessee thereof shall execute a consent in such form as may be prescribed by the Manager, which will authorize the Building Official, the Chief of Police and the Fire Marshal to enter upon a lessee’s or owner’s premises within the Borough of Pottstown, at such reasonable times and upon reasonable notice, to inspect the installation and operation of an automatic protection device.
6. 
Continuance of Service. The Borough shall not be obligated to continue alarm monitoring service to any resident who has, at the effective date of this Subpart, any outstanding penalty for violations of any sections of this Subpart.