[Adopted 10-15-1980 by Ord. No. 599, approved 10-15-1980]
No person shall connect an alarm system to the fire and police
radio systems which serve the Borough, either directly or through
an off-site person or organization, without the approval of the Borough
Council and the payment of a fee set forth by the Council.
Any applicant for alarm connection service shall complete in
detail and sign the application provided by the Borough for the connection
to be made and shall set forth the name and address of the property
owner or lessee and shall have the owners' or lessees' approval. Any
company who makes the installation at the expense of the applicant
shall fill out the name and address of its firm and type of equipment
being used in the installation. One copy shall be retained by the
company installing the alarm, one copy shall be retained by the applicant,
and the third copy shall be filed with the Police Department of the
Borough of Darby.
There shall be an initial connection fee in the amount of $25
if the alarm apparatus contains an automatic disconnect device and
in the amount of $50 if the alarm apparatus does not contain an automatic
disconnect device. There shall also be an annual rental fee of $25
if the alarm apparatus contains an automatic disconnect device or
an annual rental fee of $50 if the alarm apparatus does not contain
the automatic disconnect device. Connection fees shall be paid upon
filing application with the Borough, and annual rental fees shall
be paid by the applicant to the Borough by January 1 of each year,
with a grace period of 30 days.
Alarms may be audible or silent at the place of installation.
Each alarm installed in a building shall be considered a separate
installation and the foregoing fees shall be charged. All maintenance
fees shall be borne by the applicant.
Alarm systems shall be maintained at all times in proper operating
condition. No person shall operate an alarm system which malfunctions
and causes false alarms. A malfunctioning alarm system is that system
which causes more than two false alarms within 24 hours or more than
three false alarms within a seven-day period.
Whoever violates any of the provisions of this article or aids
or abets in the violation thereof shall, upon summary conviction,
be fined not less than $15 nor more than $300 and costs of prosecution
and, in default of payment thereof, shall be imprisoned for not less
than one day nor more than 30 days.
[Adopted 6-1-1988 by Ord.
No. 658, approved 6-1-1988]
This article shall be known as and may be cited as the "Automatic
Protection Device Ordinance."
The Council of the Borough of Darby has determined that the
receipt of false fire alarms indicating that emergencies exist is
detrimental to the health, welfare and safety of the citizens of the
Borough of Darby and to the Volunteer Fire Departments, and it is
hereby declared to be the policy of the Borough of Darby to safeguard
and protect the residents of said Borough and the personnel of the
Volunteer Fire Departments from such hazards and risks.
As used in this article, the following terms shall have the
meanings indicated:
AUTOMATIC PROTECTION DEVICE
An electronically operated instrument or system, composed
of sensory apparatus, related hardware and circuitry, which, when
it detects a stimulus characteristic of fire, heat or smoke, automatically
transmits an alarm or signal intended to result in an emergency response
by a Fire Department.
BOROUGH
The Borough of Darby, Delaware County, Pennsylvania.
FALSE ALARM
Any alarm or signal, activated by an automatic protection
device, which causes the Fire Department to respond, but which is
not the result of a fire emergency and which is caused by a condition
within the control of the person in possession of the premises where
the device is located.
FIRE DEPARTMENT
The Darby Fire Company No. 1 and the Darby Fire Patrol No.
2 and the Borough Fire Marshal or Deputy, individually and collectively.
PERMIT
The annual permit, required by this article, for automatic
protection devices.
PERSON
A natural person, corporation, firm, partnership, association,
organization, any other group acting as a unit or an executor, administrator,
trustee, receiver or other representative appointed according to law,
in any section of this article which prescribes a penalty, fine or
service charge; whenever the word "person" is used, as to partnerships
or associations, the word shall mean the partners or members thereof,
and as to corporations, shall mean the officer, agents or members
thereof who are responsible for any violation of such section.
Any person in possession of a premises where any automatic protection
device is operated, who intentionally does not apply for the annual
permit required by this article, shall be in violation of this article
and shall be liable for a penalty of $100 for each such violation.
The person in possession of the premises where an automatic
protection device is in use shall be assessed and shall pay to the
Borough a service charge of $100 for the first false alarm originating
from the premises. During any calendar year, the service charge will
increase in increments of $100 for each additional false alarm during
any calendar year after the first false alarm.
EXAMPLE
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False Alarms
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Service Charge
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1st
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$100
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2nd
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$200
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3rd
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$300
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4th
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$400
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5th
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$500
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When the Fire Department responds to an alarm transmitted by
an automatic protection device, which alarm indicates a fire in a
building or premises where no one is available to provide access,
the Fire Department is hereby authorized to enter said building or
premises by any means reasonably necessary to conduct an investigation
as to the cause of the alarm.