[HISTORY: Adopted by the Borough Council of the Borough of West Reading 4-20-1999 by Ord. No. 816 (Ch. XIII, Part 7, of the 1993 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 39.
Police Department — See Ch. 83.
Fire prevention and protection — See Ch. 228.
For purposes of this chapter, the following terms are defined as follows:
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.
AUTOMATIC DIALING DEVICE
A device which is interconnected to a telephone line and preprogrammed to transmit the coded signal of an alarm to a dedicated telephone trunk line or to dial a predetermined telephone number to an alarm to a public safety agency.
BOROUGH
The Borough of West Reading, Berks County, Pennsylvania.
DEDICATED TELEPHONE TRUNK LINE
A telephone line or lines which serve a public safety agency which is dedicated to receiving transmissions from an automatic dialing device.
FALSE ALARM
The activation of an alarm device to which a public safety agency responds when a crime, fire or other emergency has not occurred.
INTENTIONALLY FALSE ALARM
A false alarm resulting from the intentional activation of an alarm device by a person under circumstances where the person had no reasonable basis to believe that a crime, fire or other emergency warranting immediate action by a public safety agency had occurred or was occurring.
PERMIT HOLDER
A person to whom the alarm device permit has been issued.
PERSON
An individual, corporation, partnership, incorporated association or other similar entity.
PUBLIC SAFETY AGENCY
The Borough Police or any fire department serving the Borough.
[Amended 2-20-2001 by Ord. No. 845; 12-17-2002 by Ord. No. 875]
A. 
It shall be unlawful for a property owner, lessee of property or a person otherwise occupying a premises in the Borough to attach or use an alarm device on his or its premises or to allow an alarm device to be attached or used on his or its premises without first obtaining an alarm device permit from the Borough Code Enforcement Officer.
B. 
In order to apply for an alarm device permit, a person shall submit a written application to the Borough Code Enforcement Officer stating the following:
(1) 
His or its name;
(2) 
His or its home and business addresses and the telephone number of each;
(3) 
The location at which the alarm device will be installed and operated;
(4) 
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 location of the alarm device;
(5) 
A complete description of the alarm device, including a copy of the operating instructions, and all relevant facts concerning the design and layout of the premises to be protected by the alarm device;
(6) 
Signed statement.
(a) 
If the alarm device is to be leased or rented from, or is to be served 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. 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, state that neither I (we), nor anyone claiming by, through or under me (us), shall make any claim against the Borough or against a public safety agency for any damage 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, members or representatives of the Borough or a public safety agency in order to answer an alarm from said alarm device at a time when said premises is or appears to be unattended or when, in the discretion of said employees, members or representatives, circumstances appear to warrant a forced entry.
"Further, I (we) hereby agree that, periodically and upon five days' written notice, representatives of the Borough Code Enforcement Officer or his designee shall be allowed to enter my (our) premises between the hours of 10:00 a.m. and 5:00 p.m. on weekdays for the purpose of inspecting my (our) alarm device installation in order to determine whether or not it is in accordance with the operational standards set forth in § 140-3 of this chapter.
"Further, I (we) hereby agree that I (we) will inform the Borough Code Enforcement Officer in writing of any change in the information contained in this application as soon as practicable."
(b) 
The Borough Code Enforcement Officer shall furnish forms upon which any person wishing to apply for an alarm device permit may submit his or its application.
C. 
A person applying for an alarm device permit shall submit a fee along with his or its application to cover the cost of issuing the permit. Such permit fee shall be determined and set from time to time by resolution of the Borough Council.
D. 
The Borough Code Enforcement Officer shall, within 10 weekdays from receipt of an application for a burglar alarm device permit, either grant an alarm device permit to the applicant or notify the applicant in writing that his or its application has been denied and the reason or reasons why it has been denied. The Borough Code Enforcement Officer shall consult with and obtain the recommendation of the Borough Police Chief with regard to the issuance or denial of burglar alarm device permits.
E. 
The Borough Code Enforcement Officer shall, within 10 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 or its application has been denied and the reason or reasons why it has been denied. The Borough Code Enforcement Officer shall consult with and obtain the recommendation of the Borough Police Chief with regard to the issuance or denial of alarm device permits.
F. 
An application for an alarm device permit may only be denied for the following reasons:
(1) 
The application submitted by the applicant contains a statement of material fact which is false.
(2) 
The application submitted by the applicant does not conform with Subsection B or C of this section.
(3) 
The applicant's alarm device does not conform with the operational standards set forth in § 140-3 of this chapter.
G. 
The Borough Code Enforcement Officer shall have the power to revoke or suspend an alarm device permit. An alarm device permit shall be revoked or suspended by notifying the permit holder in writing that his or its alarm device permit has been revoked or suspended and the reason or reasons why it has been revoked or suspended. Said written notice shall be:
(1) 
Delivered personally to the permit holder, in which case the revocation shall be effective immediately upon delivery; or
(2) 
Mailed to the permit holder at his or its last known address by regular mail, postage prepaid, in which case the revocation shall be effective three days after mailing.
H. 
An alarm device permit may only be revoked or suspended for the following reasons:
(1) 
The alarm device application submitted by the permit holder contains a statement of material fact which is false.
(2) 
Failure of an alarm device to conform with the operational standards set forth in § 140-3 of this chapter.
(3) 
Failure of a permit holder to pay a fine imposed to him under the provisions of § 140-6 of this chapter within 30 days of imposition thereof.
(4) 
The occurrence of more than three false alarms from an alarm device during any calendar year.
(5) 
The occurrence of an intentional false alarm caused by the permit holder or by an individual over the age of 15 years who resides on the premises where the alarm device is located.
I. 
A person who has had his alarm device permit revoked or suspended under Subsection G or H of this section may reapply for an alarm device permit 45 days after the effective date of such revocation or suspension; provided, however, that if a person's alarm device permit was revoked or suspended for nonpayment of a fine, the Borough Code Enforcement Officer shall deny said application unless such fine and any costs required to be paid in connection with said fine has been paid. Notwithstanding the foregoing, a person who has had his alarm device permit twice revoked or suspended 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 or suspension.
A. 
If an alarm device is designed to transmit a recorded message, the duration of such recorded message shall not exceed 15 seconds. The contents of said message shall be intelligible and in a format approved by the public safety agency.
B. 
An alarm device shall be designed so that a thirty-second delay occurs between the time the alarm device receives a triggering stimulus and the time the alarm device transmits an alarm.
C. 
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 five minutes of operation.
D. 
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. The applicant for a permit may be required to submit evidence of the reliability and suitability of the alarm device.
E. 
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 noises adjacent to the premises, or other forces unrelated to genuine alarm situations.
F. 
The alarm device must be maintained by the permit holder in good repair to assure reliability of operation.
G. 
The Borough Code Enforcement Officer or his designee shall, periodically and upon five days' written notice, have the authority to enter the premises at which an alarm device is located at reasonable times for the purpose of inspecting the alarm device installation in order to determine whether or not it is in accordance with the operational standards set forth in this section. Said representative may require the repairs be made whenever he has determined that such are necessary to assure proper operation.
[Amended 2-20-2001 by Ord. No. 845; 1-18-2005 by Ord. No. 914]
A. 
A person that owns, uses or possesses an alarm device or automatic dialing device may not, after causing or permitting three false alarms to occur in any calendar year, cause or permit a subsequent false alarm to occur in the same calendar year.
B. 
Venue for prosecution of an offense under this section shall lie at any of the following places:
(1) 
Where the alarm originated.
(2) 
Where the alarm was received by the public service agency or by a third person designated to notify the public service agency.
C. 
The fine referred to in this section shall be paid to the Borough if the public safety agency which responded to the false alarm serves the Borough and if the prosecution is initiated by said public safety agency or by the Borough.
D. 
The fine referred to in this section shall be paid to the Commonwealth of Pennsylvania if the Pennsylvania State Police responded to the false alarm, the prosecution is initiated by the Pennsylvania State Police or if there is no prosecution under Subsection C of this section.
E. 
When a false alarm occurs, the Borough Code Enforcement Officer, within 15 days from the date of each false alarm, shall notify the permit holder of the alarm device from which the false alarm emanated that a false alarm occurred. In addition, where the permit holder has caused or permitted more than three false alarms to occur in any calendar year, the permit holder shall be notified that if he will report to the office of the Borough Code Enforcement Officer and pay, for the use of the Borough, the sum of $100 within 72 hours after the time of the notice, that act will save the violator from prosecution under § 140-9 hereof. Such notice shall be in writing and mailed to the permit holder at his last known address by regular mail, postage prepaid.
The issuance of any permit shall not constitute acceptance by Borough of any liability to maintain any equipment, to answer alarms or for anything in connection therewith. A public safety agency shall not be responsible for any costs of the installation and maintenance of any dedicated telephone line or equipment associated with the alarm termination.
Whenever, under the provisions of this chapter, the Borough Code Enforcement Officer 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 thereto, any applicant for a permit or permit holder aggrieved by said decision may, within 10 days following said decision, file a written appeal therefrom with the Borough Council, whereupon the Borough Council shall promptly conduct a hearing and affirm, modify or reverse the decision appealed from. The decision of the Borough Council shall be final.
[Amended 1-18-2005 by Ord. No. 914[1]]
A person that owns, uses or possesses an alarm device or automatic dialing device 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. A person that violates this section commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $300 pursuant to 18 Pa.C.S.A. § 7511.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).