[Ord. 2082, 12/13/2010, § 8]
The purpose of this Subpart is to encourage the proper and effective use of alarm systems by setting forth regulations governing burglary, duress, and/or Holdup alarm systems within the Borough.
[Ord. 2082, 12/13/2010, § 8]
For the purpose of the Subpart, the following definitions shall apply:
Any person or entity in the business of selling, providing, monitoring, maintaining, servicing, repairing, altering, replacing, moving or installing an alarm device or system in or at any alarm site. Such businesses or companies shall be licensed in accordance with the provisions of § 103 of this Part.
A notification to a law enforcement agency that an alarm, either manual or automatic, has been activated at a particular alarm site.
A single fixed premises or location served by an alarm system or systems that is located in the Borough of Pottstown. Each unit, if served by a separate alarm system in a multi-unit building or complex, shall be considered a separate alarm site.
A device or series of devices, including, but not limited to, hardwired systems and systems interconnected with a radio frequency method such as cellular or private radio signals, which emit or transmit a remote or local audible, visual, or electronic signal indicating an alarm condition and intended to summon a law enforcement response. Alarm system does not include an alarm installed in a vehicle or on someone's person unless the vehicle or person is located at an alarm site and the alarm is interfaced with a system located at an alarm site.
A person who files an application for a new or renewal permit as provided in this Part.
A device from which the alarm system is turned on (armed) and off (disarmed).
An alarm system that generates an audible sound at the alarm site when it is actuated.
A mechanism that will cause the alarm system to shut off and/or reset within 15 minutes of actuation.
A facility owned by the Borough of Pottstown and located at the Police Department that is monitored by Borough employees who receive, record, validate, and dispatch police to burglar, duress, and/or holdup alarm signals transmitted from private alarm systems.
An alarm system designed or used to detect and report an unauthorized and/or attempted entry or exit to, from or upon the alarm site.
A police response to an alarm, where the response is cancelled by the alarm company or an authorized person at the alarm site prior to the arrival of any responding police unit. Cancelled alarms are not considered false alarms. Duress and/or holdup alarms may not be cancelled.
The Borough of Pottstown, Montgomery County, Pennsylvania.
A device which automatically telephones the Pottstown Police Department and delivers a prerecorded message upon the alarm activation of an alarm system.
A silent and/or audible alarm signal generated by the entry of a designated code into the arming station in order to signal that the alarm user is being forced to turn off the alarm system or is in immediate danger and requires a law enforcement response.
Two or more false alarms within a twelve-month period, whether the type was a burglar, duress, or holdup alarm. The rolling twelve-month period will consist of the 12 months preceding a alarm event. A twelve-month period will not consider any alarm event prior to the effective date of this Subpart.
An alarm dispatch request to a law enforcement agency when the law enforcement officer finds no evidence of a criminal offense or attempted criminal offense after having completed a timely investigation of the alarm site. Alarms caused by power outage, sever storms, earthquakes, or other violent acts of nature are not false alarms and shall not be included in determining an excessive false alarm; provided, however, that is the permittee's burden to prove clear and convincing evidence that the alarm is not a false alarm.
A silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress or immediately after a robbery has occurred.
Written notice, served either by personal service or by United States mail, first class postage prepaid, addressed to the person to be notified at their last known address. Service of such notice shall be effective upon the completion of personal service or 48 hours after placing the notice into the custody of the United States Postal Service.
Any person granted a permit, as provided herein, and his/her or its agents and representatives.
Any audible noise similar to that which must be sounded by an authorized emergency vehicle under the conditions set forth in the Pennsylvania Motor Vehicle Code.
An alarm or signal resulting from the actual detection of an unauthorized and/or attempted entry or exit to, from or upon the alarm site, an actual situation of duress at an alarm site, or an actual holdup at an alarm site alerting the Pottstown Police Department and/or others of the commission of an unlawful act at the alarm site and consistent with the type of alarm signal transmitted.
[Ord. 2082, 12/13/2010, § 8]
Standards and regulations for the construction, installation, and maintenance of burglar, duress, and/or holdup alarm systems and related devices installed within the Borough are prescribed by §§ 104, 120, 121, 122, and 123 of this Part. All alarm systems and related devices are required to meet or exceed such standards and regulations before any permits may be issued pursuant to this Subpart. The Chief of Police may require inspection of any burglar, duress, and/or holdup alarm system installed within the Borough during the permitting process.
[Ord. 2082, 12/13/2010, § 8]
1.
It shall be unlawful for alarm businesses/companies, firms, corporations, or persons engaged in the operation, maintenance, modification, installation, and/or sale of alarm devices and/or alarm systems as defined by the terms of this Part to operate without first obtaining a license to conduct business from the Borough.
A.
Such license shall be obtained by making proper application to the Borough's Codes Department and paying a license fee in an amount as established from time to time per calendar year, or part thereof, by resolution of Borough Council.
2.
Individual Users. It is unlawful to activate, operate, or maintain any burglar, duress, and/or holdup alarm system upon any premises within the Borough without first obtaining an alarm system permit to do so.
3.
Alarm Installers. It is unlawful to connect, activate, repair, service, alter, remove or install a burglar, duress, and/or holdup alarm device and/or system within the Borough without first obtaining an alarm system permit to do so.
A.
In addition, alarm installers shall carry on his/her person at all times, while so engaged, a copy of his/her alarm business/company license to conduct business.
[Ord. 2082, 12/13/2010, § 8]
1.
Alarm system permits shall only be issued to the resident or owner of a single-family dwelling when said dwelling is the alarm site; the tenant occupying the unit of a multifamily building or complex when that unit is the alarm site; the executive director of a nonprofit when that nonprofit occupies the alarm site; and the principal owner or written designee of any retail or commercial establishment occupying the alarm site.
2.
Any person desiring an alarm system permit shall file an application with the Police Department on a form provided by the Police Department, manually or electronically, which includes, but is not limited to, the following information:
A.
The name and address of the applicant;
B.
If different than above, the address of the alarm site at which the alarm system is to be installed and used;
C.
If the applicant is a corporation, the names and addresses of its principal officers;
D.
If the applicant is a partnership, association, or other business entity, the names and addresses of the partners or persons comprising the same;
E.
A description of the alarm system that is proposed to be installed, including the manufacturer's name and model number, if any;
F.
The name, addresses and phone numbers of at least three persons who would be able to respond to and to secure the premises (alarm site) during any hour of the day or night; and
G.
Any such additional information that may be deemed necessary in order to fully and properly administer this Part.
3.
In the interest of public safety, and as permitted by State law, all information contained in and gathered through the alarm permit applications, records relating to alarm dispatch requests and applications for appeals shall be held in confidence by all employees or representatives of the Borough and by any third-party administrator or employees of a third-party administrator with access to such information.
4.
Whenever any change occurs relating to the information required by this Section, the applicant or permittee shall give written notice thereof to the Pottstown Police Department within 10 days after such change.
5.
An alarm system permit may be denied if the application is not in the form and/or does not contain all information or fees required by this Part.
[Ord. 2082, 12/13/2010, § 8]
Alarm system permits are issued for the period of one year and will expire 365 days after the date of issuance or renewal, unless otherwise suspended or revoked at an earlier time. Upon expiration of an alarm system permit, a new permit shall be secured in the manner specified in §§ 115 and 118 of this Subpart before an alarm system may continue in use.
[Ord. 2082, 12/13/2010, § 8]
1.
Alarm permits may not be transferred to another person, entity, or alarm site. Permits are valid only for the permittee and alarm site address listed on the permit.
2.
Penalty. Violations of this Section are subject to the penalty provisions in Subpart C, as well as possible suspension and/or revocation of the alarm system permit.
[Ord. 2082, 12/13/2010, § 8]
Every initial application and subsequent renewal for an alarm system permit shall be accompanied by a nonrefundable permit fee. The fee is established to defray costs of processing applications and permits and shall be in addition to any other permit fee imposed by the Borough of Pottstown Code of Ordinances. The alarm system permit fee imposed shall be in an amount as established from time to time per calendar year, or part thereof, by resolution of Borough Council.
[Ord. 2082, 12/13/2010, § 8]
The provisions set forth in this Subpart shall apply to all alarm systems which were installed, connected, operated, or maintained on or prior to the effective date of this Part. However, such alarm systems shall be given a grace period of 90 days, ending March 31, 2011, to obtain an alarm system permit and to bring the alarm system into compliance with Borough alarm system standards. The rolling twelve-month period, as defined in § 116 of this Subpart, shall begin upon the effective date of this Subpart.
[Ord. 2082, 12/13/2010, § 8]
Any alarm company or business engaged in the business of monitoring alarm systems located within the legal boundaries of the Borough shall:
B.
Before making an alarm dispatch request for a police response to an alarm signal, attempt to verify every burglar alarm signal by a telephone call to the alarm site. Verification calls should not be made in response to a duress or holdup alarm signal.
C.
Only report alarm dispatch requests by using the telephone numbers designated by the Chief of Police.
D.
Communicate alarm notifications to the Borough in a manner and form determined by the Chief of Police.
E.
On a monthly basis provide to the Chief of Police a report that contains the name, address, telephone number, and date of activation of all current subscribers within the Borough's jurisdictional boundaries.
[Ord. 2082, 12/13/2010, § 8]
1.
Every nonresidential alarm site maintaining an alarm system that has an outside audible alarm shall post a notice containing the names and phone numbers of the persons to be notified in order to deactivate the audible alarm, render repairs and service, or secure the alarm site during any hour of day or night in the event that the alarm is activated. Such notice shall be posted near the outside audible alarm in such a position so as to be legible from the ground level adjacent to the building where the alarm device is located. The wording "Police Alarm – call the Pottstown Police Department – Dial 911" shall be placed on the outside audible alarm or immediately below the alarm device.
A.
It shall be unlawful to install or use an alarm system which, upon activation, emits a sound similar to sirens in use on public emergency vehicles or for public disaster warning services.
B.
All alarm systems with alarm site outside audible alarm devices, bells, gongs, noise-making devices, steady or pulsating lights and/or audible alarm devices, bells, gongs, noise-making devices that can be heard from outside of the alarm site shall have an alarm shutoff device that will turn off, reset, or silence such audible and/or visual alarm signals within 15 minutes following the initial alarm activation.
2.
Penalty. Violations of this Section are subject to the penalty provisions in Subpart C, as well as possible suspension and/or revocation of the alarm system permit.
[Ord. 2082, 12/13/2010, § 8]
1.
No person shall use, or cause or permit to be used, any direct dial alarm system that automatically selects a telephone trunk line of the Pottstown Police Department and then reproduces any prerecorded voice messages to report a burglary, robbery, duress, medical emergency, fire or other emergency.
A.
The use of any dial alarm device which relays a digital coded signal to the Borough's Central Alarm Facility located within the Police Department is permitted under this Part.
2.
Penalty. Violations of this Section are subject to the penalty provisions in Subpart C, as well as revocation of the Alarm System Permit.
[Ord. 2082, 12/13/2010, § 8]
1.
Each and every time an alarm is activated and there is no responsible party at the alarm site, an agent of the business or, if the alarm is residential, a responsible party shall respond to the alarm site within 30 minutes, for the purpose of resetting and/or deactivating the alarm system.
A.
Alarm systems shall be adjusted/set so that, upon activation, the system will not transmit another alarm signal without first being manually reset.
B.
Each alarm notification shall be treated as a separate notification and will be treated individually for purposes of calculating excessive false alarms.
2.
Penalty. Violations of this Section are subject to the penalty provisions in Subpart C, as well as possible suspension and/or revocation of the alarm system permit.
[Ord. 2082, 12/13/2010, § 8]
1.
Whenever the Police Department responds to an excessive false alarm, the permittee shall be assessed a false alarm charge as described within this Section, as well as possible suspension and/or revocation of the alarm system permit. Borough Council shall amend and modify by resolution the amount of the false alarm charges from time to time.
A.
The initial amount of the false alarm charges shall be determined by the combined number of both burglary and duress/holdup false alarms during a rolling twelve-month period in the amounts set forth below.
Alarm Within Prior 12 Months | False Alarm Charge Burglar | False Alarm Charge Duress/Holdup | |
|---|---|---|---|
First and Second | $0 | $0 | |
Third | $0 | $50 | |
Fourth and Fifth | $50 | $100 | |
Sixth and Seventh | $100 | $200 | |
Eighth + | Suspension + $150 Reinstatement Fee | Suspension + $250 Reinstatement Fee |
2.
Failure to pay the false alarm charge when due, in addition to any other available remedy, may lead to suspension and/or revocation of the alarm system permit and additional fees, associated with collection and possible reinstatement, in an amount as established from time to time by resolution of Borough Council.
A.
The false alarm charges may be waived by the Chief of Police or designee for false alarms upon presentation of substantial evidence showing extenuating, mitigating, or extraordinary facts and circumstances, and where the permittee has undertaken action to correct alarm system deficiencies.
3.
Cancelled alarms are not counted in the above schedule unless officers arrived on the scene prior to cancellation.
[Ord. 2082, 12/13/2010, § 8]
Unless there is a separate indication that there is a crime in progress, the Chief of Police may reduce the priority or refuse police response to an alarm site after the denial, suspension, or revocation of an alarm system permit. The following shall constitute grounds for denial, suspension, and/or revocation of the Alarm System Permit:
1.
Failure to pay any fines, fees, and/or charges imposed as a result of any violation of any Section of this Subpart;
2.
Failure to comply with the standards or regulations adopted pursuant to this Subpart; or
3.
Where the applicant, permittee, or the employee or agent of the applicant or permittee has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or record required to be filed with any Borough department.
[Ord. 2082, 12/13/2010, § 8]
1.
If the Chief of Police denies the issuance of a permit or suspends or revokes a permit issued under this Subpart, the Chief of Police shall serve the permittee with a written order stating the reasons for the denial, suspension, or revocation of the permit. The order shall be effective immediately upon service and, unless there is a separate indication that there is a crime in progress, the Chief of Police may refuse police response to the alarm site after the suspension or revocation of an alarm system permit.
A.
Alarm system permit suspensions shall be for a period of 45 calendar days.
2.
It is unlawful to operate or use any alarm system after service of a notice of denial, suspension, or revocation of the alarm system permit.
3.
The Chief of Police may reconsider the denial, suspension, or revocation of an alarm system permit or reinstate a suspended permit, provided that, within 45 days of the denial or suspension, the applicant or permittee has established to the satisfaction of the Chief of Police that the alarm system will be operated in accordance with this Subpart, by complying with the following requirements:
A.
Provide a letter from an alarm company licensed by the Commonwealth of Pennsylvania indicating that the alarm system has been completely checked and any mechanical malfunctions have been repaired;
B.
Agree, in writing, that an agent of the business, or if the alarm is residential, a responsible party, shall respond to the alarm site within 30 minutes, each time the alarm is activated;
C.
Review correct alarm setting and deactivation procedures with every resident, agent, employee or other person(s) who may be responsible for user error alarm system activations and verify same in writing upon completion;
D.
Pay in full all outstanding penalties, fines, fees, and/or charges imposed as a result of any violation of any Section of this Subpart; and
E.
Any other reasonable procedures, conditions, or requirements as may be established by the Chief of Police.
4.
The decision of the Chief of Police to suspend an alarm system permit, or the refusal of the Chief of Police to reinstate a permit may be appealed in writing by any interested person to the Borough Council's Public Safety Committee within 15 calendar days of the decision and upon payment of any fines, fees, and/or charges due.
5.
Any denial to issue an alarm system permit which has not been appealed within 45 days of such denial shall be final. Any suspended permit which is not reinstated within 45 days of the suspension shall automatically be deemed revoked. No revoked permit shall be reissued until six months after the effective date of the revocation, at which time a new application may be filed pursuant to § 115 of this Subpart.
[Ord. 2082, 12/13/2010, § 8]
Individuals and entities may install a signal line directly to the Borough's Central Alarm Facility for the purpose of reporting burglaries and robberies. If such an arrangement is made, such installation shall be subject to satisfying any and all applicable requirements contained in this Part 1, Alarm Monitoring Systems.
[Ord. 2082, 12/13/2010, § 8]
2.
Penalties.
A.
Any alarm system deemed a public nuisance two times will be subject to a nuisance charge in an amount as established from time to time by resolution of Borough Council on the second occurrence.
B.
Any alarm system deemed a public nuisance three times will be subject to nuisance charge in an amount as established from time to time by resolution of Borough Council.
[Ord. 2082, 12/13/2010, § 8]
All remedies shall be cumulative, and the use of one or more remedies by the Borough shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Subpart.