[HISTORY: Adopted by the Council of the Borough of Darby as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Smoke detectors — See Ch. 121.
[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.
A. 
The person in possession of the premises where an automatic protection device is in use must, each year, apply for and receive a permit to operate the device.
B. 
The person in possession of the premises where an automatic protection device is operated must apply for the annual permit no later than January 31 of the year during which the device is to be operated.
C. 
The charge for a permit shall be $25, and the charge for an annual renewal permit shall be $25.
D. 
The Borough Council may, from time to time, change the permit and/or application fee by resolution.
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
False Alarms
Service Charge
1st
$100
2nd
$200
3rd
$300
4th
$400
5th
$500
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.
A. 
The sensory mechanism of an automatic protection device shall be equipped and adjusted so as to suppress false indications of fire and so that the device will not be activated by impulses due to normal pressure changes in water pipes, variations in voltage due to electrical storms and power failures or any other forces not related to actual fire conditions.
B. 
False alarms, transmitted from automatic protection devices, are unlawful.
A. 
No person shall conduct any test or demonstration of an automatic protection device without first notifying the Fire Department and obtaining the Department's permission.
B. 
If any test or demonstration of an automatic protective device results in a false alarm due to the failure of the person conducting such test or demonstration to notify and obtain permission from the Fire Department, a service charge of $200 will be assessed against the person responsible for the test or demonstration.