[HISTORY: Adopted by the City Council of the City of Pittston 10-14-1987 by Ord. No.
1987-8. Amendments noted where applicable.]
A.
ACCIDENTAL FALSE ALARM
ALARM
ALARM DEVICE
DIRECT ALARM DEVICE
FALSE ALARM
INDIRECT ALARM DEVICE
INTENTIONAL FALSE ALARM
PERMIT HOLDER
PERSON
TELEPHONE DIALER ALARM DEVICE
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any false alarm which is not an intentional false alarm as
defined herein or not when an intrusion, crime, fire or other emergency
has actually occurred.
A communication to the Police Department indicating that
a crime, fire or other emergency situation warranting immediate action
by the Police Department has occurred or is occurring.
A mechanical device designed to automatically transmit an
alarm by wire, telephone, radio or other means directly to the Police
Department; to a person who is instructed to notify the Police Department
of the alarm; or to activate a bell or sounding device to be heard
outside a building which is intended to alert the police or others
to the existence of a crime, fire or other emergency situation warranting
police action.[1]
An alarm device, other than a telephone dialer alarm device,
designed to transmit an alarm directly to the Police Department.
An alarm to which the Police Department responds resulting
from the activation of an alarm device when a crime, fire or other
emergency warranting immediate action by the Police Department has
not in fact occurred.
An alarm device designed to transmit an alarm to a person
who is instructed to notify the Police Department of the alarm.
A false alarm resulting from the intentional activation of
an alarm device by an individual under circumstances where that individual
has no reasonable basis to believe that a crime, fire or other emergency
warranting immediate action by the Police Department has occurred
or is occurring.
A person to whom the Police Department has issued an alarm
device permit.
An individual, corporation, partnership, incorporated association
or other similar entity.
An alarm device designed to automatically transmit a recorded
message over regular telephone lines directly to the Police Department
or to a person who is instructed to notify the Police Department of
the alarm.
B.
In this chapter, the singular shall include the plural; the plural
shall include the singular; the masculine shall include the feminine
and the neuter.
A.
It shall be unlawful for a property owner, lessee of property or
a person otherwise occupying a premises within the City of Pittston
to put an alarm device into operation on his premises or to allow
an alarm device to be put into operation on his premises without first
obtaining an alarm device permit from the Police Department. It shall
also be unlawful for a property owner, lessee of property or a person
otherwise occupying a premises outside of the City of Pittston to
put into operation on his premises an alarm device which terminates
at the City of Pittston's Police Department or to allow such
an alarm device to be put into operation on his premises without first
obtaining an alarm device permit from the Police Department.
B.
Application.
(1)
In order to apply for an alarm device permit, a person must submit
an application to the Police Department stating:
(a)
His name;
(b)
His home and business address and the telephone number of each;
(c)
The location at which the alarm device will be installed and
operated;
(d)
The names, addresses and telephone numbers of at least two individuals
who have keys to the premises at which the alarm device is located
and who are authorized to enter the premises at any time, but who
do not reside at the premises at which the alarm device is located;
and
(e)
A general written description of the device other than schematics.
(2)
If the device is to be leased or rented from, or is to be serviced
pursuant to a service agreement by, a person other than the person
making application for an alarm device permit, the name, address and
telephone number of that person must be stated in the application.
In addition, each person submitting an application for an alarm device
permit shall submit a signed statement in the following form:
|
"I (We), the undersigned applicant(s) for an alarm device permit,
intending to be legally bound hereby, agree with the City of Pittston
that neither I (we), nor anyone claiming by, through or under me (us),
shall make any claim against the City of Pittston, its officials or
agents, for any damages caused to the premises at which the alarm
device, which is the subject of this application, is or will be located,
if such damage is caused by a forced entry to said premises by employees
of the City of Pittston in order to answer an alarm from said alarm
device at a time when said premises are or appear to be unattended
or when, in the discretion of said employees, the circumstances appear
to warrant a forced entry."
|
(3)
The Police Department shall furnish forms which any person wishing
to apply for an alarm device permit shall submit with his application.
C.
A person applying for an alarm device permit for a telephone dialer
alarm device, local sounding device, or an indirect alarm device shall
submit the required fee along with his application. The fee shall
be fixed from time to time by resolution of the City Council of the
City of Pittston.
D.
The Police Department shall, within seven weekdays from receipt of
an application for an alarm device permit, either grant an alarm device
permit to the applicant or notify the applicant in writing that his
application has been denied and the reason or reasons why it has been
denied.
E.
An application for an alarm device permit may only be denied for
the following reasons:
F.
Notwithstanding the language contained in Subsection A of this section, it shall not be unlawful for a person to continue to operate an alarm device on his premises without an alarm device permit for a period of 90 days after the effective date of this chapter, provided said alarm device was in operation on the effective date of this chapter.
G.
The Police Department shall have the power to revoke an alarm device
permit. An alarm device permit shall be revoked by notifying the permit
holder in writing that his alarm device permit has been revoked and
the reason or reasons why it has been revoked. Said written notice
shall be:
H.
An alarm device permit may only be revoked for the following reasons:
(1)
Failure of an alarm device to conform to the operational standards set forth in § 130-3 of this chapter.
(2)
Failure of a permit holder to pay a false alarm charge assessed to him by the Police Department under the provisions of § 130-4 of this chapter within 30 days of the mailing to him of a notice of the assessment of a false alarm charge.
(3)
The occurrence of more than 12 false alarms from an alarm device
during any calendar year.
I.
A person who has had his alarm device permit revoked under Subsections G and H of this section may reapply for an alarm device permit 45 days after the effective date of such revocation, provided that if a person's alarm device permit was revoked for nonpayment of a false alarm charge or for nonpayment of installation or maintenance fees, or both, the Police Department shall deny said application, unless such charge or fee or both have been paid. Notwithstanding the foregoing, a person who has had his alarm device permit twice revoked on the basis of an occurrence of an intentional false alarm may not reapply for an alarm device permit for one year from the effective date of the second revocation.
A.
If an alarm device is designed to transmit a recorded message directly
to the Police Department, the duration of such recorded message shall
not exceed 60 seconds. The contents of the recorded message shall
be intelligible and in a format approved by the Police Department.
B.
An alarm device need not contain a delay service which causes a delay
to occur between the time the alarm device receives a triggering stimulus
and the time the alarm device transmits an alarm.
C.
A direct alarm device shall be designed to dial only specific telephone
numbers designated by the Police Department and to allow the permit
holder to abort the alarm signals.
D.
A direct alarm device shall be designed so that it interfaces with
the central receiving station maintained by the Police Department.
E.
If an alarm device is designed to cause a bell, siren or sound-making
device to be activated on or near the premises on which the alarm
device is installed at the time it gives an alarm, said alarm device
shall be designed to deactivate the bell, siren or other sound-making
device after 30 minutes of operation. Preexisting units must be modified
for a thirty-minute device, unless said unit cannot be modified without
replacement.
F.
All alarm devices shall meet the applicable standards of the Underwriters
Laboratories and/or the National Fire Protection Association and/or
other recognized industry standards and shall be permitted under this
chapter if in conformity thereto. An alarm device which does not meet
any of the above standards or for which there is not a recognized
industry standard shall require the applicant for a permit to submit
evidence of the reliability or suitability of the alarm device. Any
permit issued for such an alarm device which does not conform to the
recognized standard shall be conditionally subject to satisfactory
performance of said alarm device after installation. The applicant
for a permit may be required to submit subsequent evidence of the
reliability and suitability of the alarm device.
G.
The sensory mechanism used in connection with an alarm device must
be adjusted to suppress false indications of fire or intrusion, so
that the alarm device will not be activated by impulses due to transient
pressure change in water pipes, short flashes of light, wind noises
such as the rattling or vibrating of doors or windows, vehicular noise
adjacent to the premises, or other forces unrelated to genuine alarm
situations.
H.
The alarm device must be maintained by the permit holder in good
repair to assure reliability of operation.
A.
Intentional false alarms. No permit holder or person shall create
an intentional false alarm.
B.
Accidental false alarms. Any person or permit holder causing accidental
false alarms for any reason shall pay to the City of Pittston a charge
as set by resolution of the City Council for each and every false
alarm to which the Police and/or Fire Departments respond in each
calendar year.[1]
C.
When a false alarm occurs, the Police Department, within 10 days
from the date of the false alarm, shall notify the permit holder of
the alarm device from which the false alarm emanated or other person
causing said false alarm that a false alarm charge is due and the
amount thereof. Such notice shall be in writing and mailed to the
permit holder or person causing said false alarm at his last known
address by regular mail, postage prepaid. Failure of the Police Department
to mail notice of assessment of a false alarm charge within 10 days
from the occurrence of a false alarm shall preclude the City of Pittston
from assessing a false alarm charge for said false alarm.
D.
A false alarm charge shall be due and payable at the office of the
Police Department 30 days from the date of the mailing of the notice
of assessment of the charge.
E.
Failure of a permit holder to pay a false alarm charge on or before the date due shall subject such permit holder to revocation of his alarm device permit under § 130-2H of this chapter.
If the location of the headquarters of the Police Department
should change at any time, the City of Pittston shall not be responsible
for any cost incurred by permit holders or other persons because of
said change in location.
No person shall conduct or test any alarm device without first
obtaining permission from the Police Department. Where the equipment
is keyed through an intermediary, no such permission is necessary,
unless the alarm or signal is to be relayed to the central receiving
station.
The issuance of any permit shall not constitute acceptance by
the City of Pittston of any liability to maintain any equipment, to
answer alarms, nor otherwise render the City of Pittston liable to
any person for any loss or damage relating to the alarm system or
procedure.
Administration and enforcement of this chapter shall be functions
of the City of Pittston and shall include the following:
A.
Authority to accept or reject a permit application or revoke a permit
because of a misrepresentation or false statement contained in any
application for a permit, failure to correct any deficiencies in equipment
or operation of an alarm device after receipt of due notice from the
City of Pittston, or not meeting other conditions and specifications
of this chapter.
B.
Authority to order the disconnection of an alarm device until such
device is made to comply with operational standards set forth herein,
but only when evidence of failure to comply with said standards imposes
a burden upon the City of Pittston as a result of false alarms.
C.
Authority, at reasonable times and upon written notice, to enter
upon any premises within the City of Pittston to inspect the installation
and operation of an alarm device.
Whenever, under the provisions of this chapter, the Police Department
is empowered to make a decision with respect to the installation,
operation or maintenance of any alarm device, or with respect to the
denial or revocation of any permit relating hereto, any applicant
for a permit or permit holder aggrieved by such decision may, within
10 days following the decision, file a written appeal therefrom with
the City Council of the City of Pittston, whereupon the City of Pittston
shall promptly conduct a hearing and affirm, modify or reverse the
decision appealed from. The decision of the City of Pittston shall
be final.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300 and/or to imprisonment for a term not
to exceed 90 days.
This chapter shall become effective on January 1, 1988.
