[Ord. 1022, 12/14/1987]
Any business operated by any individual including a person
self employed, partnership, corporation or other entity which engages
in the activity of selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving or installing any alarm system or causing
to be sold, leased maintained, serviced, repaired, altered, replaced,
moved or installed any alarm system in or on any building, structure
or facility or employing another to assist in the same. This definition
does not include a person who engages in the manufacture or sale of
an alarm system from a fixed location and who neither visits the location
where the alarm system is to be installed nor designs the scheme for
physical location and installation of the alarm system.
Any mechanical or electrically operated instrument composed
of sensory apparatus and related hardware which is designed or used
for the detection of smoke, fire or an unauthorized entry or attempted
entry into a building, structure or facility or for alerting others
of the commission of an unlawful act within a building, structure
or facility or both and which emits a sound or transmits a signal
or message when activated. Alarm systems include, but are not limited
to, local alarm systems, audible alarms, automatic telephone devices,
alarms connected directly to the communications center, central stations,
and certain proprietary systems. This definition shall not include
the following devices and their related hardware:
Devices which are not designed for and as used do not register
alarms that are audible, visible or perceptible outside of the protected
building, structure or facility unless fire or police response is
expected or is a result of the alarm; provided, that smoke alarms
installed for residential use shall not be included in the definition
of alarm system.
Devices which are designed for and installed upon motorized
vehicles or trailers.
Devices maintained and operated by the Bureau of Police used
for the detection of unlawful acts and sometimes known as a "portable
stake-out alarm system."
Any person on whose premises an alarm system is maintained
which system is not specifically exempted from regulations under this
Part.
An alarm system which is interconnected to a telephone line
and is programmed to select a predetermined telephone number and transmit
by prerecorded voice message or coded signal an emergency message
indicating a need for emergency response.
Of Bristol Borough Inspection Department or his designated
representative. Wherever in this Part duties or responsibilities are
assigned to the Inspector, he may delegate them to such person or
persons within the Borough as he or she deems necessary and expedient
for the effective administration of this Part.
Any office, to which remote alarm and supervisory signaling
devices are connected, where operators supervise the circuits and/or
where guards are maintained continuously to investigate alarm signals.
The intentional activation of the alarm system under circumstances
where the physical security of the premises or safety of the activator
or other persons upon the premises is not threatened which is responded
to by the fire or police department.
The false/faulty alarm fee required for false/faulty alarms
occurring during the calendar year.
The activation of an alarm system through mechanical failure,
malfunction, improper installation or the negligence of the alarm
user or of his family, employees, agents, guests or invitees. Such
terminology does not include alarms caused by hurricanes, tornadoes,
earthquakes, lightning or other extreme weather conditions and causes,
except those specifically set forth above, which are beyond the control
of the alarm user.
Alarms from a home, business or other facility to a central
station, an answering service, or an alarm that when activated causes
an audible and/or visible warning signal which can be heard and/or
seen outside the building, is designed to attract attention when activated
by an instruction or other emergency requiring fire or police department
response.
Any individual, firm, partnership, association, corporation,
company or organization of any kind and when used in any clause prescribing
and imposing a penalty, "person" includes the individual members,
partners, officers and managers, or any of them, of partnerships,
associations and similar entities, and the officers, directors and
managers, or any of them, of corporations.
Any alarm system which sounds within the protected premises
or a control center under the supervision of the proprietor of the
protected building, structure or facility. If police or fire response
is expected or is a result of that proprietary alarm signal or message,
it thereby becomes an alarm system as defined by this Part.
[Ord. 1022, 12/14/1987; as amended by Ord. 1295, 9/9/2013]
1.
Business Permit Required. No person shall engage in, conduct or carry
on an alarm business at any time without first applying for and receiving
an alarm business permit.
2.
Alarm User; Permit Required. No person shall install or use an alarm
system without having applied for and been issued a current and valid
alarm user permit or special interim permit that has not been suspended
or revoked.
3.
Alarm System Installation Without Permit. No alarm business shall
install any alarm system upon any premises unless and until an alarm
business has registered with the Borough and paid the required fee.
4.
Intentional False Alarm. Section 4905 of the Crimes Code, Act of
1972, P.L. ______, No. 334, 18 Pa.C.S.A. § 4905, provides
that a misdemeanor of the first degree for any person to knowingly
cause a false alarm of fire or other emergency to be transmitted to
any organization, official or volunteer, for dealing with emergencies
involving danger to life or property. Alarm users should be on notice
that intentional activation of any alarm system under circumstances
where the physical security of the premises or safety of the activator
or other persons upon the premises is not threatened which is responded
to by the fire or police departments may subject the activator to
prosecution for violation of the aforesaid section of the Crimes Code.
[Ord. 1022, 12/14/1987; as amended by Ord. 1295, 9/9/2013]
1.
Applications and Fees.
A.
Applications. Any person engaging in alarm business activities defined
in this Part, within 30 days of the effective date of this section,
shall apply for and alarm business permit. Such application shall
be signed by the individual proprietor of such business or by a partner
or by the proper corporate officials as is appropriate for the form
of the business seeking their permit, shall contain such information
as the Borough Inspector shall by regulation require as necessary
to administer and enforce this Part and shall be accompanied by the
required fee.
B.
Permit Fee. An annual fee in an amount as established, from time
to time, by resolution of Borough Council, shall be due and payable
by January 1 of each year. The initial fee shall be due with the application.
Under no circumstances shall fees be refunded in the event the alarm
system is discontinued during the permit year.
C.
Expiration Date. An alarm business permit shall automatically terminate
and expire on December 31 next following issuance of the permit, but
shall be automatically renewed upon payment of the permit fee if received
prior to or on the expiration date.
D.
Applicability. Applicants already doing business in the Borough on
the effective date of this section may continue to do business while
their permit applications are being processed. An applicant not previously
doing business in the Borough on the effective date of this section
shall not commence doing business until his application is approved.
2.
Alarm Business Responsibilities.
A.
Identify Existing Alarm System. Each alarm business shall within
30 days after the effective date of this section or upon receipt of
an alarm business application, whichever first occurs, supply the
Borough Inspector with a complete list of the names and addresses
of all persons within the Borough to whom or for whom alarm systems
have been sold or installed and/or who are currently under contract
for service to such a system.
B.
Investigation of False/Faulty Alarms. Every alarm user shall, at
the direction of the Borough Inspector, investigate false alarms transmitted
from any alarm system they have installed or presently service where
the police or Borough Inspector have been unable to determine the
cause of a recent false alarm, and thereafter submit a written report
of their findings within 15 days of being directed to conduct the
investigation unless the time to report has been extended by the Borough
Inspector for good cause shown.
C.
Statistical Data. In addition to any other information that may be
required to be supplied by the provisions of this Part, the Borough
Inspector may require an alarm business to furnish him with such statistical
data as may be reasonably available relative to specified periods
of operation.
D.
Furnish Instructions to Alarm Users. Every alarm business selling,
leasing or furnishing to any alarm user an alarm system shall furnish
the user with written instructions that provide information to enable
the user to operate that alarm system properly and to obtain service
for the alarm system at any time.
[Ord. 1022, 12/14/1987; as amended by Ord. 1295, 9/9/2013]
1.
Ground for Suspension or Revocation. In addition to any penalties
which may be imposed for the violation of provisions of this Part,
an alarm business permit may be suspended or revoked by the Borough
Inspector for any or the following reasons:
A.
The violation of any of the provisions of this Part.
B.
The failure to comply with rules or regulations adopted and orders
of the Borough Inspector issued pursuant to this Part.
C.
Where the applicant or permit holder has knowingly made any false,
misleading or fraudulent statement of material fact in the application
for a permit, or in any report or record to be filed with the Borough
Inspector.
[Ord. 1022, 12/14/1987]
1.
Audible Alarm Systems. Local alarm systems shall be equipped with
a timing mechanism that shall disengage the audible and/or visual
alarm after a maximum period of 30 minutes. Audible alarms without
such a timing mechanism other than fire alarms, shall be unlawful
in the Borough and shall be disconnected by the user within 60 days
from the effective date of this section.
2.
Inspections. Every premises upon which an alarm system is installed
shall be subject to inspection at reasonable times by authorized personnel
of the Department of Fire, Police or Borough Inspector. Such inspection
to be limited to such areas as are necessary to inspect the installation
and operation of the alarm system.
[Ord. 1022, 12/14/1987; as amended by Ord. 1031, 8/8/1988;
and by Ord. 1295, 9/9/2013]
1.
Permit Required. Any alarm user or any person desiring to use an
alarm system shall, within 60 days of the effective date of this Part,
file an application for each system in use with the Borough Inspector.
A separate application shall be required for each protected location.
Permits are issued for each location.
2.
Annual Permit Fee. An annual permit fee, in an amount as established,
from time to time, by resolution of Borough Council, shall be due
and payable from each alarm user for each alarm system on the first
of January of each year. The fee shall be payable with the submission
of the alarm user application. There shall be a prorating of the fee
on a monthly basis if the alarm system is installed after January
first of each year. Under no circumstances shall fee be refunded if
the alarm system is terminated during the permit year.
[Ord. 1022, 12/14/1987; as amended by Ord. 1031, 8/8/1988;
by Ord. 1227, 9/11/2006; and by Ord. 1295, 9/9/2013]
1.
Grounds. An alarm user permit may be suspended or revoked by the
Borough Inspector for any of the following:
A.
The violation of any of the provisions of this Part.
B.
The failure to comply with rules and regulations adopted pursuant
to this Part.
C.
Where the applicant or permit holder has knowingly made any false,
misleading or fraudulent statement of material fact in the application
for a permit or in any report or record to be filed with the Borough
Inspector.
D.
Where the applicant or permit holder has had a similar type permit
previously revoked for a good cause in the past unless the applicant
can show a material change in the circumstances since the date of
revocation.
2.
False or Faulty Alarms. An alarm user shall be assessed a service
fee or fine for each false or faulty alarm exceeding two false or
faulty alarms in a three-hundred-sixty-five-day period with the initial
three-hundred-sixty-five-day period starting on the day of the first
false or faulty alarm. The service fees, in an amount as established,
from time to time, by resolution of Borough Council, shall be assessed
for violation of this Part by commercial and residential alarm users.
3.
If the service fees are not paid by the alarm users within 30 days
of the notification of the violation, then fines in an amount as established,
from time to time, by resolution of Borough Council, shall be imposed
upon the alarm users for each violation.
4.
The purpose of the service fees or fines is to encourage and facilitate
the correction of malfunctioning alarm systems to conserve fire and
police resources.
5.
After the fifth false or faulty alarm or at such earlier time as
the Borough Inspector in his sole discretion shall determine a study
or review must be conducted by certified alarm experts approved by
the Borough Inspector at the cost of the alarm user. Should improvements
or repairs to the alarm system be indicated as a result of the study
or review, the alarm user shall make such improvements to the alarm
system within the time set at the sole discretion of the Building
Inspector. Failure to make such improvements, upon conviction thereof
in an action brought before a magisterial district judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not
more than $1,000 plus costs and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 90 days. Each day
that a violation of this Part continues or each section of this Part
which shall be found to have been violated shall constitute a separate
offense.
6.
Where any alteration or improvement of the alarm system approved
by the Borough Inspector in an effort to reduce false or faulty alarms
has been installed, there shall be a sixty-day moratorium of any service
fees or fines and any false or faulty alarms occurring during the
sixty-day period shall not be considered a violation of this Part.
[Ord. 1022, 12/14/1987]
The information furnished and secured pursuant to this Part
shall be confidential in character and shall not be disclosed except
in accordance with law, order of court, or if required in connection
with the administration and enforcement of this Part.
[Ord. 1022, 12/14/1987]
This Part shall be enforced by the Borough Inspector or his
designated representative.
