[HISTORY: Adopted by the Borough Council of the Borough of
Dalton 8-20-1998 by Ord. No. 6-1998. Amendments noted where applicable.]
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.
Includes all automatic protection systems/devices, which
are designed that upon receipt of a stimulus from a sensory apparatus
that has detected a physical force or condition inherently characteristic
of a fire or intrusion, and results in the activation of any audible
warning device, or pre-recorded telephone message, the purpose of
which is to alert and summon police, fire or other emergency personnel
to respond to the location of the emergency. This definition also
includes manually operated controls for a holdup alert or medical
emergency.
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.
Any person, firm or corporation who sells, leases, and/or
installs automatic emergency alarm protection systems or devices.
Includes all sirens, horns, whistles, and bells which are
designed to attract the attention of neighbors and passersby and summon
police or fire personnel and equipment to the scene of the alarm.
The Chief of Police of Dalton Borough or a designated representative.[1]
Refers to the Lackawanna County Emergency Communications
Center, 200 Adams Avenue, Scranton, PA 18503.
Any signal activated by an automatic protection device, any
audible alarm or any other kind of direct or indirect signal given
the Police or Fire Departments of Dalton Borough to which police or
firefighters respond, which is not a result of a burglary, fire, robbery
or other similar emergency.
Refers to the rate to be charged by the Borough for the issuance
of alarm installation permits and inspections.
The duly elected Fire Chief of the Dalton Fire Company of
Dalton Borough or a designated representative.
Refers to all properly recorded members of the Dalton Fire
Company of Dalton Borough or all properly recorded members of the
Dalton Fire Company as contracted for dual coverage, and all other
fire departments who may assist the Borough firefighters in responding
to 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.
Refers to the written application/permit to be required to
be obtained from the Borough prior to the installation of any alarm,
and shall be on a form prescribed by the Borough.
A person to whom the Police Department has issued an alarm
device permit.
An individual, corporation, partnership, incorporated association
or other similar entity.
Refers to all sworn members of the Dalton Borough Police
Department and all other law enforcement agencies who may assist the
Borough police in responding to the alarm.
Refers to the cost of personnel and equipment which respond
to false alarms.
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.
Refers to a written notice to person(s), property owners,
companies or corporations in control or possession of that property
where an alarm has been installed, and where false alarms originate,
directing corrective repairs to be taken to eliminate the false alarms.
A.
It shall be unlawful for a property owner, lessee of property or
a person otherwise occupying a premises within the Borough 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 Borough to put into operation
on his premises an alarm device which terminates at the Borough's
Police Headquarters 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 addresses 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:
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"I (We), the undersigned applicant(s) for an alarm device permit,
intending to be legally bound hereby, agree with the Borough that
neither I (we), nor anyone claiming by, through or under me (us),
shall make any claim against the Borough, 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 Borough 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."
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(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 a fee in the amount set pursuant to a resolution of the Dalton
Borough Council with the application.[1]
D.
The Dalton Borough Police Department shall, within 15 weekdays from
the 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.
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 that said alarm device was in operation on the effective date of this chapter.
F.
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:
G.
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 § 131-3 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 § 131-4 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.
(4)
The occurrence of an intentional false alarm caused by the permit
holder or by an individual over the age of 15 who resides on the premises
where the alarm device is located.
H.
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 no 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 conditional 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.
All persons, companies or corporations within the Borough who
have alarm systems which were installed prior to the enactment of
this chapter shall, within 90 days of the effective date, provide
the appropriate agency, Police and/or Fire Department, with information
as to the type of alarm, the name of the person(s), company or corporation
who did the installation and the name of person(s), company or corporation
providing maintenance service.
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 Borough a charge for
each and every false alarm to which the Police and/or Fire Department
responds, in accordance with the following schedule of charges:
(1)
The first recorded false alarm shall result in a written warning
notice being issued to the person in charge of the property where
the false alarm originally directing that proper repairs to the alarm
system be completed within five days of the date of issuance of the
warning notice, so as to eliminate additional false alarms within
a ninety-day period immediately following the issuance of the written
warning notice.
(2)
All subsequent false alarms received from their location where a
written warning notice had been issued shall result in the Dalton
Borough submitting a bill to the persons, property owner, companies
or corporations in charge of the property for service fees incurred
by Dalton Borough or the Dalton Borough Fire Department for police
and/or Fire Department personnel and equipment responding to the false
alarm. Service fees shall include the reasonable costs of personnel
and equipment responding as incurred by the Dalton Borough or Dalton
Borough Fire Department for providing such emergency services plus
an administrative service fee in the amount of $100.
(3)
Where repairs have been made in compliance to the written warning notice, and no false alarms are received for the ninety-day period following the date of issuance of said written warning notice, and that after the ninety-day period has expired a false alarm is received and enforcement shall again be initiated under Subsection B(1) of this section.
C.
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.
D.
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 § 131-2H of this chapter.
E.
Failure of a person causing a false alarm, other than a permit holder, to pay a false alarm charge on or before the date due shall constitute a violation of the chapter, and shall subject said person to the penalties set forth in § 131-13 hereof.
F.
Pursuant to 18 Pa.C.S.A. § 7511(c)(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 paragraph commits a summary offense and shall,
upon conviction, be sentenced to pay a fine of not more than $300."[1]
In order to maintain uniformity of enforcement and centralized
record keeping, the Dalton Borough Police Department shall be the
primary enforcement agency for the regulations set forth in this chapter.
The Dalton Fire Company; dual-coverage department, and all other emergency
services responding to false alarms as defined in this chapter within
the Borough, shall make all complaints known to the Dalton Borough
Police Department, who will initiate enforcement provisions as outlined
above.
A.
A permit holder who has a direct alarm device which is connected
to a central receiving station at Police Department headquarters shall
be required to pay to the Borough a fee for the connection of his
direct alarm device to the central receiving station and a yearly
fee for the maintenance of the central receiving station.
B.
The fee for connection of a direct alarm device to a central receiving
station at Police Department headquarters shall be set pursuant to
a resolution of the Dalton Borough Council, plus the actual cost of
interface into the central receiving station for each such connection.
C.
In addition, a permit holder who has a direct alarm device shall
pay a yearly fee for the maintenance of the central receiving station.
This maintenance fee shall be determined by the Dalton Borough Council
on an annual basis each July by prorating the maintenance costs among
the number of permit holders at that time using the central receiving
station, regardless of how long a permit holder has been connected
to the central receiving station. The Police Department shall annually
notify each permit holder who has a direct alarm device of the amount
of the assessment for maintenance of the central receiving station.
Such notice shall be in writing and mailed to the permit holder at
his last known address by regular mail, postage prepaid. The maintenance
fee shall be due and payable at the office of the Police Department
30 days from the date of the notice of assessment of the maintenance
fee.
D.
The fee for connection of a direct alarm device to a central receiving
station shall be due and payable at Police Department headquarters
at the time an alarm device permit is issued to an applicant for such
a permit. The Police Department shall not issue an alarm device to
an applicant until such fee is paid.
E.
The Police Department shall not in any way be obligated to provide
or continue to provide a central receiving station facility or facilities
for direct alarm devices, provided that, if the Police Department
decides to discontinue operation of a central receiving station facility,
it shall notify all permit holders serviced by said facility.
F.
Failure of a permit holder to pay yearly fee for the maintenance
of the central receiving station to which his direct alarm device
is connected within 30 days of the date said payment is due shall
be subject to the disconnection of his direct alarm device from the
central receiving station and to the revocation of his alarm device
permit.
If the location of the headquarters of the Police Department
should change at any time, the Dalton Borough 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 Dalton Borough of any liability to maintain any equipment to answer
alarms, nor otherwise render the Dalton Borough 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 Dalton Borough 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
Dalton Borough, 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 Dalton Borough as a result of false alarms.
C.
Authority, at reasonable times and upon written notice, to enter
upon any premises within the Dalton Borough 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 thereto, 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 Dalton Borough Council of the Dalton Borough, whereupon the Dalton
Borough Council shall promptly conduct a hearing within 30 days of
the appeal petition and affirm, modify or reverse the decision appealed
from. The decision of the Dalton Borough Council shall be final.
Any person, firm or corporation who shall violate or permit
a violation of this chapter shall, upon conviction in a summary proceeding
under the Pennsylvania Rules of Criminal Procedure, be guilty of a
summary offense and shall be punishable by a fine of not more than
$1,000, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to undergo imprisonment
for not more than 30 days, provided that each violation of any provision
of this chapter and each day the same is continued shall be deemed
a separate offense.
This chapter is enacted by the Borough of Dalton under the authority
of the Act of Legislature, February 1, (1966) 1965, P.L. 1656, No.
581, § 1005, known as the Borough Code, as recodified and
amended (see now 8 Pa.C.S.A. § 1005), and any other applicable
law arising under the laws of the Commonwealth of Pennsylvania.
