[HISTORY: Adopted by the Borough Council of the Borough of
Spring Grove 9-7-1993 by Ord. No.
4-1993 (Ch. 61 of the 1985 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Police protection — See Ch. 93.
This chapter shall be known as and may be cited as the "Spring
Grove Borough Automatic Alarm System Ordinance."
The intent of this chapter is to:
A.
Protect the emergency services of the Borough from misuse and provide
for the maximum possible efficiency of service to alarm system users.
B.
Encourage the proper maintenance, care and management of alarm systems
within Spring Grove Borough.
C.
Provide a record of alarm systems located within Spring Grove Borough.
D.
Promote the general peace, health, welfare and safety of Spring Grove
Borough.
The following terms, phrases and words shall have the meaning
given in this section, unless it is apparent from the context that
a different meaning is intended:
Any mechanical, electrical or electronics device that is
designed or used for the detection of burglars, robbery or fire or
the need for medical assistance within a building, structure or facility
or for alerting others to the commission of an unlawful act or a hazard
within a building, structure or facility, or both, and which emits
a sound or transmits a signal or message when activated. "Alarm systems"
shall include but are not limited to direct dial telephone or other
electronic devices or audible alarms. Devices that are not designed
or used to sound alarms that are intended to be audible, visible or
perceptible outside of the protected building, structure or facility
are not included within this definition or chapter, nor are auxiliary
devices installed by the telephone company to protect telephone systems
that might be damaged or disrupted by the use of an alarm system.
An "alarm system" includes all of the necessary equipment designed
and installed for the detection of and alerting others to burglary,
robbery or other commission of an unlawful act or fire or the need
for medical assistance or other hazard in a single building, structure
or facility.
Borough of Spring Grove, York County, Pennsylvania.
The activation of an alarm system through mechanical failure,
malfunction, improper installation or the negligence of the owner
or lessee of an alarm system or its employees or agents, or the use
of an alarm to summon the Police or Fire Department for reasons other
than emergency at the premises requiring assistance from the Police
or Fire Department, or conducting a test of the system without prior
notification of the Police or Fire Department. "False alarms" shall
not include alarms caused by conducting a test of the system with
prior notification of the Police or Fire Department. "False alarms"
shall not include alarms caused by electrical interruptions due to
storms or other reason not the fault of the owner of the alarm system,
floods or other natural disasters.
The Chief of the Friendship Hose Company, No. 1, Spring Grove,
Pennsylvania, or his designee or successor.
The record owner of any premises upon which an alarm system
is installed.
Any person, firm, partnership, association or corporation.
The Chief of the Jackson Township Police, or his designee
or successor.
The person in physical control of a premises upon which an
alarm system is installed, including but not limited to a tenant,
owner, contract purchaser or trustee.
A.
Each alarm user and owner of a premises with an alarm system as defined
herein shall register the system with the Borough Secretary within
30 days of the date of enactment of this chapter in the case of existing
alarm systems or within five days of the installation or replacement
or substantial modification of an alarm system after the effective
date of this chapter. No newly installed or replaced or substantially
modified alarm system shall be activated prior to such registration.
B.
Every person who shall be in control of any building, structure or
facility wherein an alarm system is located shall register that fact
with the Borough Secretary within 10 days after becoming in control.
C.
Registration shall be accomplished by the filing of a written statement
on such form as prescribed by the Borough, executed by the alarm user,
setting forth:
(1)
The name, address and telephone number of the user of the alarm system.
(2)
The name, address and telephone number of the owner of the premises
upon which the alarm system is located, if different from that of
the alarm user.
(3)
The address and description of the property where the alarm system
is located.
(4)
The location and description of the alarm system and its mode of
operation.
(5)
The name and address of the installer and certification by the installer
that the system has been installed in compliance with the provisions
of this chapter.
(6)
The location where the alarm will be received, including address,
telephone number and contact person.
(7)
The name, address and telephone number of at least three individuals
who have keys to the premises at which the alarm system 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 system is located.
(8)
Such other information as the form may require.
D.
The Borough Secretary shall furnish copies of the registration forms
to the Fire Chief and Police Chief and receiving agency as appropriate.
E.
The Fire Chief or Police Chief, or their designees, as appropriate,
shall have the right to inspect and test an alarm system at any time
to ensure that it is functioning in accordance with the provisions
of this chapter and to check such things as, but not limited to, that
the proper fire company or police force is dispatched in response
to the alarm; and to familiarize himself with the operation of the
system and how the appropriate response units are notified.
F.
The Borough Secretary shall, within five business days from receipt for an application for registration of an alarm system, either approve the application or notify the applicant in writing that his application has not been approved and the reason or reasons for such disapproval. An application may be disapproved if the fee required by § 163-5 of this chapter is not paid, or the application contains misrepresentations or false statements or does not comply with Subsection C of this section, or the operation of the alarm system does not comply with § 163-9 of this chapter. Upon meeting the requirements of this section, the alarm system shall be registered and operation thereof permitted.
G.
The alarm user or owner of the premises shall be required to notify
the Borough Secretary within 10 days of any changes in the information
in any application for the registration of an alarm system.
In order to offset the cost of inspection and administration, a fee for such registration shall be in such amount as shall be from time to time established by the Borough Council by resolution, payable to the Borough of Spring Grove, for each alarm system registered pursuant to § 163-4A of this chapter. No fee shall be required for registration filed pursuant to § 163-4B of this chapter.
The obligation for maintenance, repair and upkeep of an alarm
system shall be the full responsibility of the person who shall from
time to time have control of the building, structure or facility where
the alarm system is located.
Except as provided in § 163-4D of this chapter, all information submitted in compliance with this chapter shall be kept in confidence and shall be deemed confidential record exempt from discovery to the extent permitted by law.
It shall be unlawful for any person, whether or not an alarm
system owner or user, to cause a false alarm resulting in the dispatch
of the Fire Company or Police Department as a result of a test or
to work on an automatic alarm system without prior notification to
the Fire Chief or Police Chief that such a test or work will be conducted
or undertaken.
Any alarm system, except sprinkler system water flow bells,
that is audible off the premises shall be equipped with an automatic
cutoff to silence the audible alarm after 10 minutes.
A.
If an alarm system shall create more than three false alarms in any calendar year, except as provided in the definition of "false alarm" as set forth in § 163-3 of this chapter, the Police Chief or Fire Chief, as the case may be, shall notify the Borough Secretary, who in turn shall notify the owner and user of the system of that fact and that any further false alarms shall result in the imposition of a fee for answering such alarms as provided in Subsection B of this section. Such notice shall be given by mailing a certified letter, return receipt requested, or by personal service to the owner and user of record as registered pursuant to § 163-4 of this chapter.
B.
There is hereby imposed a fee for response to false alarms in excess
of three in any calendar year. For the fourth such false alarm, the
fee imposed shall be $30; for the fifth such false alarm, the fee
shall be $50; and for the sixth and each succeeding false alarm thereafter,
the fee shall be $100. This fee is imposed whether the false alarm
is received automatically through the alarm system or by any other
means.
C.
The Borough may revoke the registration of said system issued pursuant to § 163-4 of this chapter if the fees imposed by this section are not paid within 30 days of their imposition or if the owner fails to take necessary corrective measures to abate an excessive number of false alarms. An owner or user may reapply for registration at any time after revocation, provided that he can show that the system is now in compliance with this chapter and that all fees imposed hereunder have been paid.
D.
If the alarm system shall transmit more than three false alarms in
any calendar year, the Police Chief or Fire Chief, as the case may
be, shall have the right in inspect such system to determine whether
it is being used in conformity with the terms of the permit and the
provisions of this chapter, in addition to any penalty authorized
by this chapter.
A.
Any person who shall violate the provisions of this chapter, including the failure to pay the fee imposed by § 163-10B or operating a system without registration pursuant to § 163-4A or § 163-10C or creating a false fire alarm pursuant to § 163-8, shall, upon conviction before a Magisterial District Judge, be sentenced to pay a fine of not more than $600, plus the costs of such prosecution for each such violation, and shall be subject to imprisonment of not more than 30 days in the event that such fines are unpaid.
C.
Spring Grove Borough shall also have the right to institute a civil
action against the owner and user to collect any fees imposed by this
chapter that remain unpaid after 30 days of receipt of notice of such
imposition, plus costs of suit and interest at the legal authorized
rate on the unpaid balance.
This chapter shall not create liability on the part of Spring
Grove Borough or any official or employee thereof for any damages
that result from reliance on this chapter or any registration required
hereunder or on any administrative decision lawfully made hereunder,
nor shall this chapter create any liability or responsibility to maintain
or inspect any alarm system or to respond to any alarms communicated
to the appropriate agency.
