This chapter shall be known as the "Upland Borough Alarm Systems and Services Cost Recovery Ordinance"; which thereby creates Chapter
41, Articles
I and
II.
As used in this chapter, the following words and phrases shall
have the meanings given to them in this section:
ALARM
A communication to a public safety agency indicating that
a crime, fire or other emergency warranting immediate action by that
public safety agency has occurred or is occurring.
ALARM DEVICE
A device designed to automatically transmit an alarm:
A.
Directly to a public safety agency; or
B.
To a person that is instructed to notify the public safety agency
of the alarm.
ALARM SYSTEM
Any device, or group of devices, electrical or battery-operated,
designed or used for detection of intrusion into a building, structure
or facility or for alerting persons of the attempt or commission of
a crime or an emergency situation involving potential death or serious
injury and which is directly connected to an audible alarm or the
transmission, by any technology, of a related signal or message which
is used to evoke an emergency response by any public safety agency
to any address or separate component of any system.
AUDIBLE ALARM
Any device, including, but not limited to, a bell, horn or
siren which is attached to the interior or exterior of the building,
structure or facility and emits a warning signal audible outside the
building, structure, or facility and is designed to attract attention
when activated by a criminal act or other emergency requiring police,
emergency medical services (EMS) or fire department response.
EMERGENCY
A sudden unexpected happening, the occurrence or condition
requiring immediate action by police, fire, hazard or medical services
personnel to protect the health, safety and welfare of those affected
by the happening, occurrence or condition.
FALSE ALARM
Any signal activated by a manual or an automatic protection
device, any audible alarm or any other kind of direct or indirect
signal given, to which the police, the fire department or other public
safety agencies respond which is not the result of an attempted illegal
entry, burglary, intrusion, fire, medical or other similar emergency,
excluding weather extremes and utility interruptions, which activates
a protection device.
A.
The definition of a false alarm also includes the malicious
or intentional activation of a burglar alarm when there is no burglary
in progress, the malicious or intentional activation of a fire alarm
when there is no fire or hazard condition, or the malicious or intentional
activation of a medical alarm for other than a medical emergency.
B.
Multiple alarms received by the Police Department or any fire
department before the system can be deactivated within a reasonable
period of time shall be considered a single alarm, unless such multiple
alarms are caused by the act of any person.
C.
Any activation of an alarm system caused by any malfunction
caused by violent natural catastrophic condition, including electrical
storms or power outages or conditions beyond the control of the permittee,
will not constitute a false alarm.
FIRE DEPARTMENT
Upland Fire Company No.1 of the Borough of Upland, Pennsylvania,
or other fire company or department operating within the borough of
Upland, Delaware County, Pennsylvania.
OWNER
The individual who actually operates, activates, deactivates,
arms or disarms the alarm system and is accountable or responsible
for the alarm systems proper on-site day-to-day use.
PERSON
An individual, corporation, partnership, association, firm,
syndicate, company, trust, corporation, department, bureau, agency
or other entity recognized by law as the subject of rights and duties.
PUBLIC SAFETY AGENCY
Any municipal agency, including police, fire, and any other
duly constituted municipal authority, including, but not limited to,
the Delaware County Communications (911) Center.
REASONABLE COSTS
The reasonable costs; used in association with the rate schedule
for recovery of costs for Upland Fire Co. No. 1.
The Upland Borough Council, by authority granted to them as specified in the Pennsylvania Borough Code, 53 Pa. C.S.A. § 45101 et seq., as amended, hereby adopts the herein Chapter
41, Article
I, which shall be supplemental to enforcement under the Pennsylvania Crimes Code Section 7511 [18 Pa. C.S.A. § 7511 (1998)].
The Upland Borough Council finds and declares that:
A. Many of the emergency alarms to which Upland Borough Police, Fire
Company and other emergency personnel respond are false. False alarms
are herewith deemed to be unacceptable events resulting in a waste
of municipal manpower and creating the potential for serious injury
to police officers, fire department personnel, and other emergency
personnel responding to a false alarm. Further, when the said personnel
are responding to false alarms, they are not available for the genuine
protection of residents and the general public of Upland Borough.
B. The increased risk and danger created by emergency responses from
false alarms is unnecessary, hazardous and cannot be tolerated.
C. False alarms have created conditions causing danger and annoyance
to the general public.
D. The unnecessary waste of public revenue and the dangerous situations
created through responses to false alarms should be eliminated.
E. The registration of all alarm systems within the Borough of Upland
will assist the members of the Upland Police Department and the Upland
Fire Company No. l with their understanding and identification of
the systems during their responses in the event of an emergency, and
provide rapid alarm system contact information.
In order to promote full compliance with the registration process
of all alarm systems in the Borough of Upland, the Borough Council
hereby declares the registration of all and every alarm system within
the Borough of Upland to be a service of the Borough of Upland that
will be provided at no cost to the system owner/registrants.
The information furnished and secured pursuant to this article
shall be confidential in character and shall not be subject to public
inspection other than as allowed by Pennsylvania law, and all records
shall be so maintained that the contents thereof shall not be divulged
to anyone except to the persons charged with the administration of
this article.
[Amended 5-14-2019 by Ord. No. 6-2019]
A. The Upland Fire Company No. 1 is authorized and directed, by and
through their officers and authorized representatives, to ascertain
what insurance coverage may be applicable and available under any
given circumstance, and to take all necessary and affirmative steps
to apply for and receive reimbursement from any insurance carrier
where a property owner, business owner or vehicle owner is or may
be insured to reimburse the Upland Fire Company No. 1 for any costs
and/or expenses incurred for services, supplies and/or equipment used
for or provided to the property owner, business owner or vehicle owner
by the Upland Fire Company No. 1.
B. Notwithstanding anything herein to the contrary, under no circumstances
shall any owner-occupied residential property owner receive a bill
from the Upland Fire Company No. 1, or an attorney, or the third-party
billing service for fire protection or other services provided by
the Upland Fire Company No. 1 to an owner-occupied residential structure,
except in cases of false alarms and/or fires which are intentionally
set by the property owner.
C. This section shall be liberally construed to accomplish its purpose
to compensate and/or reimburse the Upland Fire Company No. 1 from
insurance proceeds for costs and/or expenses incurred while providing
emergency services pursuant to their duties for the Upland Fire Company
No. 1.
The Borough of Upland shall not be responsible for any aspect of the recovery of service costs, nor will the Borough of Upland take any steps to assist the Upland Fire Company No. 1 or any third-party billing service in the recovery of reasonable costs under Chapter 88, Article
II.
Any attempt by the Upland Fire Company No. 1, or by an attorney, or through a third-party billing service acting as a contracted authorized agent to recover costs from any individual/entity, other than as set out in §
41-13 above, shall result in the immediate revocation of the authority to recover such costs granted under Chapter
41, Article
II.
This article shall be effective five days from the date of its
adoption and legal advertisement.