As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
ALARM SYSTEM
Any device designed or used for detection of smoke, fire,
medical emergency, unlawful entry into the building or facility, or
for alerting persons in the attempt or commission of a crime which
is directly connected to an audible alarm or the transmission of a
related signal or message which is used to evoke an emergency response
to any address or separate component of any system.
AUTOMATIC TELEPHONE DIALER
A.
Any device which can be programmed to automatically dial a telephone
number and, upon having that number answered, deliver a pre-recorded
message or other signal, which conveys to the answering party information
about some event the automatic telephone dialer is designed to monitor,
such as fire, burglary, the proper operation of machinery, equipment,
or medical emergency.
B.
In operation, the automatic telephone dialer would sense the
presence of smoke or fire, unlawful entry, the improper operation
of equipment or medical emergency and automatically dial a pre-programmed
number and report to the party answering exactly what was taking place.
NUISANCE ALARM
The activation of any alarm system or automatic telephone
dialer alarm due to other than the said purpose for which the alarm
system is designed. Any activation of any alarm system or automatic
telephone dialer alarm that is caused by violent natural catastrophic
conditions, including electrical storms or power outages or conditions
beyond the control of the permit holder, will not constitute a nuisance
alarm.
PERMIT HOLDER
A person to whom the Police Department or Borough Secretary
has issued an alarm device permit.
PERSON
An individual, corporation, partnership, incorporated association,
or similar entity.
[Amended 1-7-1992 by Ord.
No. 92-1]
A. Every property owner wishing to install an alarm system or automatic
telephone dialer alarm on the premises they own situated in the Borough
shall file with the Borough Police Department a written application
stating:
(1) The name, address and telephone number of the property owner/applicant.
(2) A description of the property where the proposed alarm system or
automatic telephone dialer alarm shall be installed.
(3) The location and street address of the property.
(4) A description of the type of alarm system or automatic telephone
dialer alarm to be used, including the name and model number of the
manufacturer.
(5) The name of the person who will install the system at the location.
(6) The name, address and phone number of at least three people to be
contacted in the event of an alarm activation.
B. In the case of more than one building site in which the alarm system
shall be installed, the applicant must provide the Borough Police
Department/Borough Secretary with information concerning how the alarm
system for each building shall be distinguishable from the other alarms
in the said buildings. In the event that any of the above information
changes, the applicant must within five days notify the Police Department
(or Borough Secretary) of such changes. The property owner or his
designee, upon request of any official, Police Department, fire department
personnel, or medical personnel shall be required to be present at
the alarm location within a reasonable length of time after being
advised that the emergency department has received an alarm activation.
C. Alarm permits shall not be transferable from one individual to another,
or from one location to another, without the express written permission
of the Police Department or Borough Secretary. In the event that the
building/property in which an alarm system is installed is to be transferred
to another person, it shall be the responsibility of the permit holder
to notify the Borough Police Department/Borough Secretary of such
changes within five days.
D. Any person who obtains title to premises in which an alarm system
has been installed and permit issued shall notify the Police Department
or Borough Secretary within five days of such action to reapply for
a permit and to update information.
E. Every person applying for a alarm permit will be charged a one-time
fee as established from time to time by resolution of Borough Council
to obtain an alarm permit prior to the installation of the new alarm
system on their premises.
F. Any person who presently owns or obtains title to premises in which
an alarm system has already been installed shall pay the one-time
fee as established from time to time by resolution of Borough Council
to register information concerning the alarm system.
G. All fees to be made payable to the Police Department or Borough Secretary.
H. In the event that the permit holder receives written notice from
the Police Department or Borough Secretary that three nuisance alarms
have occurred on the premises within 30 days, the alarm permit shall
be suspended. Suspension of the permit will be lifted when the permit
holder gives proof that the alarm system has been properly repaired
so that the cause of the previous nuisance alarms has been eliminated.
[Amended 1-7-1992 by Ord.
No. 92-1]
A. Any person who, after receiving notice that an emergency department
has responded to three nuisance alarms, as defined in this chapter,
within 30 days, and that their permit has been suspended, upon conviction
by a Magisterial District Judge, shall pay a fine of $100 per nuisance
alarm thereafter together with costs of prosecution.
B. Any person who violates or permits 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 the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Carbon County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]