[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:
The console or control panel of devices giving a visual or
audio response or both.
Any type of alarm system actuating equipment in the alarm
console providing warning of intrusion, fire, smoke, flood, or other
peril.
An alarm device, dial alarm or local alarm or any combination
of the same.
Denver Borough, Lancaster County, Pennsylvania.
The governing body of the Borough.
The Chief of Police of the Police Department.
That type of device using telephone lines transmitting an
alarm directly to Lancaster County Control or other site.
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.
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.
The East Cocalico Township Police Department or any other
successor entity whose primary jurisdiction includes the territorial
limits of the Borough.
A.Â
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.
B.Â
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.
C.Â
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:
D.Â
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.
E.Â
The application must be submitted to the Chief of Police upon the
form prepared by the Chief of Police.
A.Â
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.
B.Â
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.
