[Ord. 466, 5/7/1990, § 1]
This Part shall be known as may be cited as the "Fountain Hill
Borough Emergency Alarm Ordinance."
[Ord. 466, 5/7/1990, § 2; as amended by Ord. 575,
6/3/1996, § 1]
The following definitions shall apply in the interpretation
and enforcement of this Part:
Any person, firm or corporation who sells, leases and/or
installs automatic protection devices.
A service whereby trained employees in attendance at all
times receive prerecorded voice messages from automatic protection
devices reporting an emergency at a stated station and who have the
duty to relay immediately by live voice any such emergency message
over a designated or direct trunkline to the Emergency Communication
Center.
Any device, bell, horn or siren which is attached to the
interior or exterior of a building and emits a warning signal audible
outside the building and designed to attract attention when activated
by a criminal act or other emergency requiring police, firemen or
other emergency personnel to respond. Audible alarms may also be connected,
directly or indirectly, to the Emergency Communications Center.
An electrically operated instrument composed of sensory apparatus
and related hardware which automatically transmits a prerecorded voice
alarm or other signal over regular telephone line, by direct or indirect
connection to the Emergency Communication Center, upon receipt of
a stimulus from a sensory apparatus that has detected a physical force
or condition inherently characteristic of an intrusion, fire or smoke.
The Borough of Fountain Hill, Lehigh County, Pennsylvania.
A protective system or group of such systems, operated privately
for customers by a person, firm or corporation which maintains supervisors
and accepts recorded messages from automatic protection devices at
a central station having trained operators and guards in attendance
at all times that have the duty to take appropriate action upon receipt
of a signal or message, including the relaying of messages by designated
or direct trunkline to the Emergency Communication Center.
A telephone line leading into the Emergency Communication
Center that is for the primary purpose of handling emergency messages
which originate from automatic protection devices and are transmitted
directly or indirectly through an intermediary.
A non-listed, directly connected telephone line leading from
an intermediary to the Emergency Communication Center that is for
the primary purpose of handling emergency messages on a person-to-person
basis.
The Lehigh County Communications Center, 455 Hamilton Street,
Allentown, Lehigh County, Pennsylvania, or any successor or subsequent
service which dispatches emergency personnel in or to the Borough.
Any signal activated by an automatic protection device, any
audible alarm or any other kind of direct or indirect signal given
to the Emergency Communication Center to which police, firemen or
other emergency personnel respond, which is not the result of burglary,
fire, robbery or such other incident against which the alarm is designed
to protect the property.
A central station protective system or an answering service
as herein defined.
To use a telephone line and equipment for transmitting a
message either directly or indirectly by an automatic protection device.
Any legal entity, including without limitation individual,
association, joint venture, partnership, limited partnership, trust
or corporation.
A protective system that does not emit an audible signal
or tone, when activated, at a protected site. This type of system
is monitored by an answering service, central station protective system
or communication center.
[Ord. 466, 5/7/1990, § 3]
1.
Within 45 days from the effective date of this Part, every owner
or lessee of an audible or silent alarm shall furnish to the Borough
a current list of such installations which shall include the following
information:
A.
The name, residence and telephone number of the resident, owner or
lessee.
B.
The address where the device is installed and the telephone number
of that address.
C.
The names, addresses and telephone numbers of at least two persons
who are authorized to respond to an emergency and gain access to the
address where the device is installed.
D.
The name, address, phone number or system installer or repair service.
2.
After the enactment of this Part, owners or lessees shall equip audible
alarms with a timing mechanism that will disengage the audible alarm
after a maximum period of 15 minutes. Audible alarms without such
a timing mechanism shall be unlawful in the Borough and shall be disconnected
by the owner or lessee within 45 days from the effective date of this
Part.
[Ord. 466, 5/7/1990, § 4]
1.
Any person who has an automatic protection device in the Borough
may arrange to have such device keyed to an intermediary authorized
to relay emergency messages to the Emergency Communication Center.
2.
Automatic protection devices keyed to an authorized intermediary
may also be keyed to another telephone which the owner or lessee of
the automatic protection device has available to himself or his representative
at some other location.
[Ord. 466, 5/7/1990, § 5]
1.
Within 45 days from the effective date of this Part, every alarm
equipment supplier who has keyed an automatic protection device in
the Borough shall furnish to the Borough a current list of such installations
which shall include the following:
A.
The name, address and telephone number of the resident, owner or
lessee.
B.
The address where the device is installed and the telephone number
of that address.
C.
The name, address and telephone number of a central station protective
system or any other person or firm who is authorized to respond to
an emergency and gain access to the address where the device is installed.
Where there is not 24 hour service maintained, there shall be at least
two other persons listed.
2.
By the fifth working day of each month following submission of the initial list, every alarm equipment supplier shall furnish the Borough with a supplemental list of any additional installations he has keyed, together with any correction to or deletions from the list previously furnished. An alarm equipment supplier who enters into the business after the effective date of this Part shall furnish a list containing the information specified in Subsection 1 hereof by the fifth working day of the month following a first installation and shall thereafter furnish the supplemental list as required by this section.
3.
All information furnished pursuant to this section shall be kept
confidential and shall be for the use of the Borough and the Emergency
Communication Center.
[Ord. 466, 5/7/1990, § 6]
Automatic protection devices installed in the Borough that are
keyed to a direct trunkline or to the designated trunkline in the
Emergency Communication Center shall meet the following minimal requirements,
as amended from time to time:
A.
The recorded messages shall be specific as to the nature of the emergency
and shall contain the following respective language:
(1)
Burglary. "This is an emergency message. The burglar alarm has
been activated at [full street address and, if applicable, designated
unit within the premises] in the Borough of Fountain Hill. [Names
and telephone numbers of two persons who are authorized to respond
to an emergency and gain access to the address where the device is
installed.] Respond Fountain Hill Police."
(2)
Fire. "This is an emergency message. The automatic fire alarm
has been activated at [full street address and, if applicable, designated
unit within the premises] in the Borough of Fountain Hill. [Names
and telephone numbers of two persons who are authorized to respond
to an emergency and gain access to the address where the device is
installed.] Respond Station 34, Fountain Hill Fire Department."
B.
No more than two calls shall be made over the designated trunkline
to the Emergency Communication Center as a result of a single activation
of the automatic device.
C.
The message portion may be repeated during one call but the interval
between each message shall be no less than three seconds nor more
than five seconds.
D.
The sensory mechanism used in connection with an automatic protection
device shall be adjusted to suppress false indications of intrusion,
so that the device will not be actuated by impulses due to short flashes
of light, the rattling or vibrating of doors and windows, vibrations
to the premises caused by the passing of vehicles, aircraft or any
other force not related to alarms.
E.
All components comprising such a device shall be maintained by the
owner or lessee in good repair to assure maximum reliability of operation.
[Ord. 466, 5/7/1990, § 7]
Each alarm equipment supplier who sells or leases an automatic
protection device in the Borough after the effective date of this
Part, which is keyed to the designated trunkline, shall furnish operating
instructions, a current diagram and maintenance manual to the buyer
or lessee.
[Ord. 466, 5/7/1990, § 8]
1.
Each alarm equipment supplier who sells or leases an automatic protection
device in the Borough, which is keyed to the designated trunkline,
shall make service available directly or through an agent on a twenty-four-hour-per-day
basis, seven days a week, to repair such device or to correct any
malfunction that may occur. (Such repair service shall be made available
to any person using an automatic protection device at such user's
election and expense.)
2.
At the time of installation, an alarm equipment supplier shall furnish
to any buyer or lessee using a repair service written information
as to how service may be obtained at any time, including the telephone
number of the alarm equipment supplier or agent responsible for service.
The buyer or lessee and the alarm equipment supplier or agent supplying
a service shall be responsible for having the device disconnected
or repaired as quickly as possible after notice that the automatic
protection device is not functioning properly.
[Ord. 466, 5/7/1990, § 9]
When messages evidencing failure to comply with the operational
requirements set forth in § 206 are received by the Emergency
Communication Center, or when audible alarms are heard which do not
comply with the operational requirements set forth in § 203,
and the Chief of Police of the Borough concludes that the automatic
protection device sending such messages or the audible alarm not in
compliance should be disconnected in order to relieve the Borough
Police Department and/or the Borough Fire Department from responding
to false alarms, he is authorized to demand that the owner or lessee
of the device, or his representative, disconnect the device until
it is made to comply with the operational requirements. If disconnection
of the defective device is not accomplished promptly, and the Chief
of Police determines that the malfunctioning device is repeatedly
sending false alarms without intermittent valid alarms, or audible
alarms fail to comply with § 203, Subsection 2, then the
Borough may pursue any remedy provided hereunder, or at law or in
equity, and shall not be required to elect a single remedy. One such
remedy shall be for the Chief of Police, or his authorized representative,
to disconnect such device without liability to the Borough, the members
of Council thereof, its and their elected and/or appointed officials
and officers, its and their agents, employees, and its and their respective
successors, heirs, executors, administrators and assigns.
[Ord. 466, 5/7/1990, § 10]
1.
Any person who desires to own, operate, lease or maintain an alarm
system in the Borough shall obtain a registration permit. This permit
shall be obtained from the Borough of Fountain Hill, 843 North Clewell
Street, Bethlehem, Pennsylvania 18015. The permit shall be completed
and a copy made available upon request or clearly posted at the alarm
control site.
2.
The Borough shall issue a registration permit for the ownership,
operation and maintenance of an alarm system to any person desiring
to own, operate, lease or maintain an alarm system, if the Police
Department is satisfied that the registration information is complete
and the alarm system in question is capable of being operated in conformity
with this Part. The permit may be granted subject to any special conditions
stated thereon, if this is deemed necessary by the Police Department.
All applications for a permit will be reviewed by the Police Department.
No new installations will be effected without first obtaining a permit.
3.
All existing security systems in the Borough shall obtain a registration
permit within 45 days of the effective date of this Part. All required
information will be provided by the applicant who shall abide by all
terms and conditions hereof.
4.
A registration permit will automatically terminate upon change in
ownership, occupancy or usage or the premises for which originally
issued.
5.
Any permit granted hereunder shall be accepted upon the express condition
that the registrant shall indemnify and hold the Borough harmless
from and on account of any and all damages arising out of the activities
of the registrant, alarm contractor or supplier.
6.
The issuance of any permit shall not constitute acceptance by the
Borough of any liability to maintain any equipment, to answer alarms,
nor otherwise render the Borough liable to any person for any loss
or damage relating to any alarm system or procedure.
[Ord. 466, 5/7/1990, § 11]
A registration fee of $10 shall be charged for all security
systems in existence at the effective date of this Part. This registration
shall be obtained within 45 days of said effective date. All new system
installations, which includes installation of a new control panel
and sensors, at existing alarm sites, shall be registered within 30
days prior to installation. This fee shall be $25. New installation
shall be those registered and installed after the effective date of
this Part. A late registration fee of $25 shall be charged those persons
who are found owning and/or operating a security system without a
registration permit after the effective date of this Part and after
the 45 day registration period.
[Ord. 466, 5/7/1990, § 12; as amended by Ord. 575,
6/3/1991, § 2]
1.
In the event a violation of this Part occurs, in addition to such
other remedies as may be available under existing law, the Borough
may institute an action in equity to prevent, restrain, correct, abate
or enjoin such violation.
2.
In the event that three or more false alarms, as defined in § 202
hereof, are received within any given six consecutive months from
any automatic protection device, alarm or other alarm system, the
owner, lessee or user of such device or alarm shall be charged a fee
of $100 for the first offense, $200 for the second offense, $300 for
the third offense and all thereafter. Each false alarm in excess of
three within six months shall constitute a separate violation and
shall be deemed a separate violation. A violator hereunder shall be
sent a bill from the Borough Secretary and the same shall be due 30
days thereafter. In addition to the charges as described herein, any
person who fails, refuses or neglects to pay to the Borough the appropriate
charge shall, upon summary conviction thereafter, be sentenced to
pay a fine of not more than $500 and/or be sentenced to imprisonment
for not more than 90 days for each offense.
3.
Any person who violates or fails to comply with the provisions of
this Part (other than in connection with false alarms) or any order,
notice, rule or regulation made in connection herewith shall, upon
conviction thereof, pay a fine of not more than $300. Each day that
a violation continues shall constitute a separate violation, punishable
as a separate offense.
