The provisions of this chapter shall apply to any person who operates, maintains, owns, rents any alarm device designed to summon the Borough of Sinking Spring police to any location within the Borough of Sinking Spring in response to any type of signal.
[HISTORY: Adopted by the Borough Council of the Borough of Sinking Spring 6-24-2015 by Ord. No. 617. Amendments noted where applicable.]
For the purpose of this chapter, the following terms are defined as follows:
A communication indicating or warning that a crime, fight or other emergency situation warranting immediate action by the Borough police has occurred or is occurring.
A privately owned or rented and operated electronic, electrical, mechanical or similar device designed to transmit an alarm by wire, telephone, radio, audible signal, (bell, horn, siren, etc.) or other means to the Borough police or to any person or firm who or which is instructed to notify the Borough police or to any person who is within the sound transmission distance limits of such audible signal. This term shall not include "smoke detectors" normally installed in private residences, when such audible signal does not transmit to the outside of such private residence.
The Borough of Sinking Spring, Berks County, Pennsylvania.
Any alarm actuated by inadvertence, negligence, or unintentional act of any person, and shall include alarms caused by malfunctioning of the alarm device or other relevant system. This term shall not include an alarm device set off due to electrical storm or like circumstances, over which the person having an alarm device under this chapter has no control.
The fee payable to the Borough resulting from false alarms which require response by the Borough.
A false alarm resulting from the intentional activation of an alarm device by a person under circumstances where the person has no reasonable basis to believe that a crime, fire or other emergency warranting immediate action by the Borough police has occurred or is occurring.
Any individual, partnership, corporation, association, institution, cooperative enterprise, agency or any legal entity whatsoever, which is recognized by law as the subject of rights and duties. The singular shall include the plural, and the masculine, the feminine and neuter.
A person causing registration of an alarm device or a person having an alarm device registered under this chapter with the Borough police.
A.
It shall be unlawful for any person owning, leasing, maintaining property, or a person otherwise occupying a premises in the Borough, to put an alarm device into operation on his or its premises, or to allow an alarm device to be put into operation on his or its premises without first causing registration of such alarm device with Borough police.
B.
In order to cause registration of such alarm device, a person shall submit the following information to the Borough police:
(1)
His, her or its name.
(2)
His, her or its home address and/or principal business address and the telephone number of each.
(3)
The location at which the alarm device is or will be installed or operated; and type of alarm.
(4)
The names and 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 location of the alarm device; or in lieu thereof, the name and address and phone number of the company which provides alarm service at the premises and which has on file with it the names and telephone numbers of such authorized key holders.
C.
Any person having caused registration of an alarm device with the Borough police shall keep all information required with the original registration up-to-date. In case of any change in the original registration, notice of such change shall be made to the Borough police within five days from such change. Notification shall be made in person or by mail.
D.
Notwithstanding the language contained in § 61-3A of this chapter, it shall not be unlawful for a person to continue to operate an alarm device on his premises without registering such alarm device with the Borough police after the effective date of this chapter, provided that said alarm device was in operation before the effective date of this chapter, until such time as the Borough police respond to an alarm resulting from the activation of such alarm device, where after such person shall have five days within which to cause registration of such alarm device, as required by this chapter. Failure of such person to cause registration within the required five days, shall subject such person to the penalties as set forth from time to time by resolution.
A.
Any alarm device installed in any premises within the Borough, or operating in any premises with the Borough, must be maintained in good working order to assure reliability of such alarm device.
B.
If an alarm device is designed to cause an exterior bell, horn, siren or other sounding 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, horn, siren or other sounding device after 20 minutes of operation. All alarm devices shall meet the applicable standards of the Underwriters Laboratories and/or National Fire Protection Association, and/or other recognized industry standards.
C.
The Borough police may require that repairs be made whenever it has been determined that such repairs are necessary to assure proper operation of an alarm device. Any person failing to make sure required repairs within a period of seven days following notification to make such repairs shall be liable to the penalties hereinafter provided for.
A.
For the first through third false alarms emanating from an alarm device in any calendar year, no action will be taken against the registrant. Upon the third false alarm received in any calendar year, the Chief of Police of the Borough or his/her designee shall notify the registrant by regular mail or personal notice, within five days after the third false was received, that any further false alarm emanating from his alarm device within that calendar year shall subject the registrant to the administrative fee or, upon failure to pay the administrative fee, a penalty as herein provided for.
B.
For the fourth through the sixth false alarms emanating from an alarm device within the same calendar year, an administrative fee will be charged. The administrative fee will be set periodically from time to time by resolution.
C.
For the seventh and subsequent false alarms emanating from an alarm device, an administrative fee will be charged. The administrative fee will be set periodically from time to time by resolution.
D.
When a fourth or subsequent false alarm has occurred, the Chief of Police of the Borough or his/her designee shall notify the registrant of the alarm device from which the false alarm emanated, within 10 days after such false alarm has occurred, that an administrative fee is due and the amount thereof. Such notice shall also include that such administrative fee is payable to the Borough and shall be paid at the Police Department office within 15 days after receipt of the notice, and that failure to pay the administrative fee shall subject such person to the penalties as hereinafter provided for. Such notice shall be made by certified mail or by personal service on the registrant or an adult member of the registrant's family or an adult employee located at the address of the registrant.
The registration of an alarm device within the Borough shall not constitute acceptance by the Borough of any liability to maintain such alarm device or to answer alarms or for any other responsibility in connection therewith.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates any provision of this chapter or refuses to pay an imposed false alarm administrative fee shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a 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 Berks County.
In the event any provision, section, sentence, clause of any part of this chapter shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby, and shall remain in full force and effect.
Duly enacted and ordained by the Borough of Sinking Spring, Berks County, Pennsylvania, in lawful session duly assembled this 24th day of June 2015.