[Ord. 663, 11/9/1981, § 1]
The Town Council of the Town of Bloomsburg finds it to be in
the best interest of the citizens of the Town of Bloomsburg and the
general public to prevent and deter the installation, maintenance
and use of police alarms that provide repetitious false calls of alarm.
[Ord. 663, 11/9/1981, § 2]
The term "police alarm" shall be interpreted to include alarms
commonly referred to as "burglar alarms" and "hold-up alarms."
[Ord. 663, 11/9/1981, § 3]
The use of police alarms, whether audible or direct-line type
of alarm, are expressly permitted subject to the following conditions:
A.
Police alarms shall be installed by competent workmen and shall be
of such a design and manufacture and installed in such a fashion so
that such devices shall not emit false alarms.
B.
Any alarm system that produces false alarms shall constitute a public
nuisance if such system activates more than one false alarm in any
thirty-day period, or two false alarms in any ninety-day period, or
three false alarms in any one-hundred-eighty-day period or four false
alarms in any three-hundred-sixty-five-day period.
C.
Any police officer who responds to a false alarm shall report the
same to the Chief of Police who shall monitor and maintain records
concerning such false alarms.
D.
When any alarm system shall constitute a public nuisance as set forth
hereunder, the Police Chief shall notify the owner of the system that
it has activated more false alarms than is permissible hereunder and
that any future false alarms shall result in the prosecution for violation
of this Part.
E.
Notice as required by this Part shall be given by the Chief of Police
by mailing a certified letter with return receipt requested and by
mailing a copy of the same by regular mail or by personal service
of said notice by handing a copy of the same to the owner or lawful
occupant of the subject property or to an adult representative thereof.
In the event that notice is given by mailing and in the event that
the certified letter is returned unclaimed and if the letter sent
by regular mail is returned by the postal service notice shall be
given by prominently posting said notice on the subject property.
In all cases when notice is given the person providing notice shall
set forth, in writing, the manner utilized and shall provide the Chief
of Police with such statement.
F.
For the purposes of this Part the owner of real estate on which an
alarm system is placed and used, all lessees and all lawful occupants
shall be considered the person responsible for the proper maintenance
and use of said alarm system.
[Ord. 663, 11/9/1981, § 4]
It shall be unlawful for any owner of property or persons in
charge of real property to use or permit to be used any police alarm
system that has previously been declared a public nuisance as provided
herein. If any false alarm shall be given by said system following
the date of receipt of notice as set forth above, the said false alarm
shall be unlawful and constitute a violation of this Part.
[Ord. 663, 11/9/1981, § 5]
All outdoor audible alarms that are activated falsely shall
be subject to the same conditions applicable to direct-line radio
or other electronic calls that result in false alarms.
[Ord. 663, 11/9/1981, § 6]
Following notice by the Chief of Police that a police alarm
system constitutes a public nuisance, the owner of said system may
file an affidavit with the Police Chief, as appropriate, indicating
under oath that the false alarms previously caused by said system
were caused by a known mechanical or other defect within the system,
not to include improper use. Said owner may verify and shall include
a statement by competent workmen or repairmen in the field that said
system was defective and such deficiency has been corrected. Upon
the filing of such affidavit with appropriate exhibits, the false
alarm history concerning the premises shall be considered void and
of no legal effect.
[Ord. 663, 11/9/1981, § 7]
Where false alarms have originated from negligent use or a combination
of negligent use and a defective system, in order to terminate the
finding that the system is a public nuisance an owner shall comply
with the provisions set forth in the previous section and in addition
thereto file an affidavit explaining the steps that have been taken
to correct the negligent use which has resulted in false alarms. Upon
acceptance of such affidavits by the Chief of Police the declaration
of the alarm system as a public nuisance shall be considered void
and of no legal effect. Subject, nevertheless, that should such a
system be declared a public nuisance as provided in this ordinance
within a period of one year following reinstatement under this section
or the previous section, the owner shall not be permitted to utilize
said system for a period of one year prior to reinstatement under
this section.
[Ord. 663, 11/9/1981, § 8]
Any alarm system whereby police officers are directly dispatched
as a result of an alarm which automatically signals or calls the Columbia
County Emergency Service, or similar centralized system or any audible
signal, once declared to be a nuisance shall require the prior consent
of the Chief of Police before it may be utilized.
[Ord. 663, 11/9/1981, § 9]
No permission shall be necessary to install an alarm system;
however, such systems shall be installed in accordance with the accepted
standards of the trade utilizing good and workmanlike manner and utilizing
systems of an appropriate design and manufacture so as not to generate
false alarms.
[Ord. 663, 11/9/1981, § 10]
Any person, corporation or business entity that shall violate
any of the provisions of this Part shall in a summary proceeding be
required to pay a fine not exceeding $300 for each false alarm received
after notice is provided as set forth above. In addition, each false
alarm received after notice is provided shall constitute a separate
offense and upon a second offense the fine shall be not less than
$50 nor more than $300 and for any third and successive offense occurring
within one year from the most recent false alarm, the fine shall be
not less than $150 nor more than $300. Any other violation of this
Part shall result, in the payment of a fine not exceeding $300, together
with the cost of suit. In any case where the Chief of Police has declared
an alarm system to be a public nuisance, the Police Chief shall seek
a declaration from Council that said system is a nuisance and the
Town Solicitor may bring legal proceedings in equity or otherwise
to prohibit the continued use of such system and to collect any and
all damages on behalf of the Town resulting from the use of such system.
