[HISTORY: Adopted by the Borough Council of the Borough of Denver 5-13-2013 by Ord. No. 611. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Denver Borough Alarm System Ordinance."
The provisions of this chapter shall apply to any person who operates, maintains or owns any alarm device, dial alarm, or local alarm designed to summon the police, any fire company, or other municipal agencies to any location in response to any type of alarm signal.
As used in this chapter, the following terms shall have the meanings indicated:
- ALARM CONSOLE
- The console or control panel of devices giving a visual or audio response or both.
- ALARM DEVICE
- Any type of alarm system actuating equipment in the alarm console providing warning of intrusion, fire, smoke, flood, or other peril.
- ALARM SYSTEM
- An alarm device, dial alarm or local alarm or any combination of the same.
- Denver Borough, Lancaster County, Pennsylvania.
- BOROUGH COUNCIL
- The governing body of the Borough.
- CHIEF OF POLICE
- The Chief of Police of the Police Department.
- DIAL ALARM
- That type of device using telephone lines transmitting an alarm directly to Lancaster County Control or other site.
- FALSE ALARM
- Any alarm actuated by inadvertence, negligence or unintentional act of someone other than an intruder and shall include, as well, alarms caused by malfunctions of the alarm system or other relevant equipment but shall not include alarms created by malfunction of the alarm console.
- LOCAL ALARM
- Any alarm or device which, when actuated, produces a signal not connecting to an alarm console, such as but not limited to a store or home burglar alarm actuating bell or horn devices. This definition does not include vehicle alarms.
- Includes a natural person, partnership, corporation or association.
- POLICE DEPARTMENT
- The East Cocalico Township Police Department or any other successor entity whose primary jurisdiction includes the territorial limits of the Borough.
A person commits an offense if he/she operates or causes to be operated a burglar, fire or other emergency system without a valid permit issued by the Chief of Police. A separate permit is required for each alarm system.
All existing alarm systems shall be permitted in accordance with the requirements of this section and chapter within three months after the effective date of this chapter.
Upon receipt of a completed application form and a nonrefundable permit fee as established from time to time by resolution of Borough Council for a permit, the Chief of Police shall issue an alarm permit to the applicant unless the applicant has:
Any person installing an alarm system shall provide the Chief of Police with a list of persons who shall be responsible in the event that any such alarm system is activated and who shall be responsible for responding to such alarm.
The application must be submitted to the Chief of Police upon the form prepared by the Chief of Police.
In the case of a false alarm, any person having knowledge thereof shall immediately notify the Police Department. A proper and complete security check must be made of the property by the owner/occupant or his/her designee whenever an alarm is received. In addition, in the case of false alarms, the Chief of Police, or his/her designee, shall cause an investigation to be made and keep a record of said false alarms on file. A grace period of 30 days for newly installed systems shall be allowed so as to give the owner/occupant an opportunity to correct any mechanical and electrical malfunctions of the alarm system. After the expiration of 30 days of the installation of a system, a person that owns, uses or possesses an alarm device or a dial alarm may not, after causing or permitting three false alarms to occur in a consecutive twelve-month period, cause or permit a subsequent false alarm to occur in the same consecutive twelve-month period.
In order to defray the costs to the Borough resulting from responding to false alarms, a fee shall be imposed against the alarm user after response to each false alarm after the grace period of 30 days for newly installed systems. Such fee shall be in an amount set by resolution of Borough Council. The imposition of a fee for a response to a false alarm shall not prevent the Borough from enforcing this chapter pursuant to § 67-7.
Notice as required by this chapter shall be given by the Chief of Police, or his designee, to the person occupying the premises upon which the alarm system is located by mailing a copy of the notice, certified mail, return receipt required, to such person at the address where the alarm system is located. A notice may also be given by personal service of the notice by handing a copy of the same to the occupant of the premises upon which the alarm system is located or to an adult resident thereof or an employee located thereon. If service is made by personal service, the Chief of Police or his designee shall file proof of service which shall be under oath and which shall designate the person and title upon whom service was made. Invoices for false alarm fees may be sent by first-class mail.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $100 nor more than $1,000, plus costs of prosecution. A person found to be guilty of a summary offense shall also be assessed all reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.