[HISTORY: Adopted by the Borough Council of the Borough of Downingtown 1-11-1989
by Ord. No. 89-2. Amendments noted where applicable.]
This chapter shall be known as the "Borough of Downingtown Alarm Ordinance."
The following definitions shall apply to the interpretation and enforcement
of this chapter:
The business by an individual, partnership, corporation or other
entity of selling, leasing, maintaining, servicing, repairing, altering, replacing,
moving or installing any alarm system or causing any alarm system to be sold,
leased, maintained serviced, repaired, altered, replaced, moved or installed
in or on any building, structure or facility.
Any assembly of equipment, mechanical, electrical or battery-operated,
arranged to signal the occurrence of a police, fire, hazard or medical emergency
requiring urgent attention and to which police, fire units or ambulance corps
are expected to respond.
Consists of an ambulance driver and any and all authorized personnel
accompanying the ambulance.
A service whereby trained employees, in attendance at all times,
receive prerecorded coded messages from automatic dialing devices reporting
an emergency at a stated location, where such employees have the duty to relay
immediately, by live voice, any such emergency message over a trunk line to
the communications center of the Police or Fire Department or Ambulance Corps.
Any device, bell, horn or siren which is attached to the interior
or exterior of a building, structure or facility and emits a warning signal
audible outside the building, structure or facility and is designed to attract
attention when activated by a criminal act or other emergency requiring Police
or Fire Department or Ambulance Corps response.
A device which is interconnected to a telephone line and is programmed
to transmit a signal by a voice or coded message that indicates that an emergency
condition exists and the need for an emergency response is required.
The Hearing Board that determines all appeals with regard to false alarms, particularly under § 94-16E hereof. The Board shall consist of three residents of the Borough of Downingtown, who shall be appointed by the Borough Council and who shall serve staggered terms. One member shall serve for a period of three years; one member shall serve for a period of two years; and one member shall serve for a period of one year. Each and every year, the Borough Council shall appoint or reappoint members when said members' terms end.
The Borough of Downingtown.
A protective system or group of such systems operated privately for
customers by a person, firm or corporation which accepts recorded messages
from automatic dialing devices at a central station having operators and guards
in attendance at all times who have the duty to take appropriate action upon
receipt of a signal or message, including the relaying of messages to the
communications center of the Police or Fire Department or Ambulance Corps.
The administrative head of the Police Department.
A police, fire, hazard or medical emergency.
An alarm activated in the absence of an emergency, whether willfully
or by inadvertence, negligence or unintentional act, to which the Police Department,
Fire Department or Ambulance Corps responds. The definition excludes alarms
caused by malfunctions of the County Department of Emergency Services receiving
equipment; testing or repairing of telephone or electrical line or equipment
outside the premises; acts of God, such as earthquakes, floods, windstorms,
thunder or lightning; an attempted illegal entry, a crime in progress or,
in the case of emergency medical alarm, an actual medical emergency requiring
police, fire and/or medical personnel. If doubt exists as to the cause of
the "false alarm," the Chief of Police or his designee, or the Fire Chief
or his designee, shall make a decision regarding the circumstances of the
activation.
[Amended 2-13-1991 by Ord. No. 91-2]
Multiple alarms received by the Police Department, Fire Department or
Ambulance Corps before the system can be deactivated or repaired within a
reasonable period of time after notice by the Borough shall be considered
a single alarm. It shall not be considered a violation of this section for
someone to activate an alarm when an actual emergency exists, even though
he may activate an alarm for an emergency different than the alarm activated
(i.e., pulls fire alarm for medical emergency). This shall be considered a
crossover alarm.
The definition of a "false alarm" also includes the intentional activation
of a holdup alarm for other than a holdup in progress, the intentional activation
of a burglary alarm for other than a burglary, the intentional activation
of a medical alarm for other than a medical emergency or the intentional activation
of a fire alarm for other than a fire or hazard.
The Downingtown fire companies.
A fire or other emergency or hazard that presents a substantial risk
of fire or other disaster (i.e., chemical leak, building collapse, ruptured
gas line, etc.).
An explosion or leak of toxic gas, liquid or solid, or a potential
explosion or leak.
A central station protective system or an answering service as herein
defined.
To use a telephone line and equipment for transmitting a message,
either directly or indirectly, by an automatic dialing device.
An emergency involving the health of a person.
Written permission duly granted to an applicant by the Borough upon
payment of the required fee. The permits encompassed by this section include
the following: installation permit, (i.e., building permit) and annual user's
permit.
The Downingtown Police Department.
An incident requiring prompt response by the Police Department.
The police, fire and ambulance communications rooms equipment and
the Chester County Police Radio Room (Chester County Emergency Services).
A telephone line leading into the County Communications Centers of
the Police and Fire Departments and Ambulance Corps which is for the purpose
of handling calls on a person-to-person basis and which is identified by a
specific listing in the telephone directory issued by the telephone company.
On and after the effective date of this chapter, owners or users of
audible alarms must equip such audible alarms with a timing mechanism that
will disengage the audible alarm after a maximum of 15 minutes. Audible alarms
without such a timing mechanism shall be unlawful in the Borough of Downingtown
and must be disconnected by the owner or user within 60 days from the effective
date of this chapter.
On and after the effective date of this chapter, all automatic dialing
devices that transmit recorded messages directly to the Police Department,
Fire Department or Ambulance Corps shall be keyed to the County Department
of Emergency Services radio room (telephone line separate and distinct from
the trunk lines for the communications center).
A.
Within 90 days from the effective date of this chapter,
every alarm supplier who has installed an alarm system in the Borough shall
furnish to the Chief of Police the following information:
(1)
The name, residence and telephone number of the owner
or user.
(2)
The address where the device is installed and the telephone
number at that address.
(3)
The name, address and telephone number of any other person
or firm who is authorized to respond to an emergency and gain access to the
address where the device is installed. Such person shall be located within
15 minutes traveling time of the aforesaid address.
(4)
The name and telephone number of any person, firm or
corporation, if any, other than the alarm supplier, who is responsible for
the maintenance and repair of the system.
(5)
The type of system (i.e., holdup, burglary, fire or medical
emergency).
B.
Users of alarm system devices whose devices were installed prior to the effective date of this chapter shall, within 60 days after such enactment, supply the Chief of Police with the information specified in Subsection A of this section.
C.
All information furnished pursuant to this section shall
be kept confidential and shall be for the authorized use of the Police Department,
Fire Department and Ambulance Corps.
A.
On and after the effective date of this chapter, no one,
except an alarm supplier holding a valid license from the Borough of Downingtown,
shall sell, install or service any alarm system within the Borough of Downingtown.
B.
The Borough Code Enforcement Officer shall issue an alarm supplier's license to an alarm supplier meeting the requirements of this chapter, upon the filing of the required application and payment of a fee of $100. Each license shall bear the signature of the Code Enforcement Officer and be good for one calendar year from the date of issuance. (See § 94-16G.)
C.
Each alarm supplier who installs one or more alarm systems
in the Borough shall make service available on a twenty-four-hour-per-day
basis, seven days a week, to repair such devices and to correct malfunctions
as they occur. Any person using an alarm system shall make arrangements for
service to be available for such device on a twenty-four-hour-per-day, seven-day-per-week
basis.
D.
No corporation, sole proprietor, partner, joint venturer,
trustee, executor, administrator, employee, fiduciary or stockholder with
a five-percent or greater interest in a corporation, except a corporation
whose stock is publicly traded and registered with the Securities and Exchange
Commission or with a State Securities Commission, applying for a license to
operate in the Borough as an alarm supplier shall have been convicted of a
felony or pleaded nolo contendere to a felony charge or indictment.
E.
The applicant for an alarm supplier's license shall furnish
an insurance certificate annually confirming that the applicant has in force
general liability insurance coverage in an amount of not less than $300,000
per occurrence. For an applicant who self-insures, such coverage shall furnish
evidence of financial ability.
F.
The licensees shall pay an annual license fee of $100.
G.
A license or user's permit may be revoked or renewal
denied if:
(1)
The licensee or permittee fails to meet the requirements
necessary to obtain a license; or
(2)
The license or permit fee is not paid; or
(3)
The Chief of Police has reason to believe the licensee's
or permittee's installations are the cause of false alarms; or
(4)
The licensee fails to provide emergency service as required
by this chapter.
H.
Alarm suppliers or their agents, shall demonstrate a
working knowledge of alarm systems by having been full time in the business
of burglar, fire or supervisory alarms for a period of not less than one year,
having installed not fewer than 25 alarm systems, and by providing letters
of recommendation from not fewer than three Chiefs of Police or Fire Departments
in the commonwealth.
A.
The user's fee for an alarm system permit shall be $25,
and said permit shall be obtained by or on behalf of the owner of the premises
upon which the alarm system is installed from the Borough Code Enforcement
Officer prior to the installation of the alarm system.
B.
The permit shall bear the signature of the Chief of Police
and be valid for a period of the fiscal year of October 1 through September
30 and be renewed annually unless revoked by the Chief of Police or the Code
Enforcement Officer. The permit shall be physically present upon the premises
using the alarm system and shall be available for inspection by the Chief
of Police or the Code Enforcement Officer or their designees. The cost of
said permit shall be $25 annually.
[Amended 11-1-1995 by Ord. No. 95-10]
C.
The permit shall contain the address of the property;
the name of the business, if applicable; the name of the owner, tenant or
agent responsible for the property; the alarm supplier or other entity responsible
for maintaining the system; the type of alarm (burglary, holdup or medical);
how the alarm signal will be received by the communications center (tape,
central station, etc.); at least two alternate emergency telephone numbers
of persons to be contacted to secure the property, who shall be located within
15 minutes traveling time of the property; and any additional information
as may be determined to be necessary. It shall be the owner's responsibility
to amend the foregoing information whenever the information changes.
D.
An alarm user who is over the age of 65 and is the primary
occupant of a residence, if no business is conducted at the residence, may
obtain a user's permit from the Borough without paying the above-stated fee.
E.
Users who fail to obtain a permit within 60 days after
the effective date of this chapter, if later, shall be liable to pay a late
charge penalty of $100 for each calendar year that the permit is not obtained.
F.
All locations in the Borough of Downingtown equipped
with alarm systems, except as stated in this chapter, must secure and possess
a valid permit for the same.
A.
A battery-powered (nine-volt, eleven-and-two-tenths-volt
or similar voltage) audible alarm system or an electrically energized audible
alarm system whose sole purpose is to notify the occupants of the location
of an emergency situation shall be exempt from the permit requirements of
this chapter, if all of the following conditions exist:
(1)
The alarm is not connected to any mechanical or electrical
device that automatically notifies a person or agency outside that location
that the alarm system is activated.
(2)
The audible alarm does not sound outside the location
(no external speakers).
(3)
The internal signal emitted by the audible alarm does
not exceed 90 decibels.
(4)
The internal alarm does not cause undue annoyance or
alarm to occupants of adjoining premises.
B.
Alarm users who are not required to pay a fee or who
are exempt from obtaining an alarm user's permit as above shall, nevertheless,
be subject to the penalty provisions prescribed in this chapter.
Each alarm supplier who, after the effective date of this chapter, sells
or leases in the Borough of Downingtown an alarm system shall furnish the
operating instructions and manual to the buyer or lessee and the Chief of
Police and Code Enforcement Officer.
A.
The public safety requires that the incidence of false
alarms and malfunctioning automatic dialing devices be kept to a minimum so
as to reduce unnecessary calls to the Police or Fire Department or Ambulance
Corps and to increase the effectiveness of properly functioning alarm systems.
In order to enforce this and to reduce the incidence of false alarms and malfunctioning
alarm systems, it is necessary that appropriate Borough officials have the
right to inspect the installation and operation of any alarm system installed
in the Borough.
B.
Application for a permit for the installation of an alarm
system and subsequent installation of such a system pursuant to a permit issued
or the continuance of the use of any alarm system already installed at the
effective date of this chapter shall constitute consent by the owner or lessee
thereof and authorization for the inspection of any such installation and/or
operation by the Chief of Police or Code Enforcement Officer or their designees.
C.
All such entries upon the premises where an alarm system
is installed and all such inspections of the installation and operations of
alarm systems shall be at reasonable times and upon reasonable notice, except
in emergency situations.
D.
All alarm systems, installed in the Borough of Downingtown
must conform to all applicable federal, state and local codes, including,
without limitation, the National Electrical Code and Borough codes.
Every alarm supplier selling, leasing, furnishing or installing an alarm
system to any user, which system is located on premises within the Borough
of Downingtown, shall:
A.
Be permitted to install only equipment that is listed
by Underwriter's Laboratories, Inc., as being electrically safe and meeting
the Borough requirements for the alarm system. Wiring for the alarm system
must conform to all applicable federal, state and local codes. In the case
of fire alarms, the stricter of the National Fire Protection Association standards
or Borough regulations[1] shall apply.
B.
Be required to cause each alarm system installed to be
provided with standby battery power, which shall automatically and immediately
take over in the event of a power failure.
C.
Be required to install equipment in such a way as to
neutralize electrical surges on the alarm system.
D.
Be required to deactivate any alarm system within a reasonable
period of time when multiple false alarms are received.
No person shall conduct any test or demonstration of any alarm system
without first notifying the Chief of Police or the fire radio network, as
applicable.
Alarm suppliers and installers shall furnish at their own expense, at
or prior to the time of contracting, a copy of this chapter to owners, lessees
or users of the equipment or services to be supplied.
Any police officer, fireman or ambulance personnel responding to an
alarm which is determined to be false shall promptly notify the Chief of Police
of such alarm, in writing, and he shall, within 10 days, have notification
of such false alarm sent via United States mail to the person in whose name
the alarm is registered.
A.
By submitting an application for a permit for the installation
and use of an alarm system and the subsequent installation of such a system
or by the continuation of the use of an alarm system already installed on
the effective date of this chapter, the owner, lessee or user thereof shall
agree that such permit application constitutes a waiver by such person of
the right to bring or file any action, claim or complaint whatsoever against
any police officer, fireman or ambulance personnel who make a forced entry
in response to such an alarm into the premises on which such an alarm is installed.
B.
In the event that the owner of such premises is a person
other than the permit applicant, as in the instance of a lessee or other user
not the owner of the premises on which the alarm is installed, such permit
application shall constitute an indemnification agreement by the applicant
to hold harmless any such police officer, fireman, ambulance personnel, the
Borough, the Police Department, the Fire Department or the Ambulance Corps,
as appropriate, from any and all damages whatsoever claimed by the lessor
or owner of the premises on which the alarm is installed.
[Amended 1-9-1991 by Ord. No. 91-1]
Any alarm system which has four or more false alarms within a calendar
year, with the exception of apartment buildings with three or more units,
which shall be allowed nine false alarms within a calendar year, shall be
subject to permit revocation as follows:
A.
The Chief of Police and Code Enforcement Officer shall
notify the alarm user and the alarm business providing the service or inspection
to the user, by first class, postage prepaid, certified mail, of such fact
and direct that the user submit a written report to the Chief of Police and
Code Enforcement Officer within 15 days of receipt of the notice describing
actions taken or to be taken to discover and eliminate the cause of the false
alarms.
B.
If the alarm user submits a report as directed, the Chief
of Police and Code Enforcement Officer shall determine if the action taken
or to be taken will substantially reduce the likelihood of false alarms. If
they determine that the action will substantially reduce the likelihood of
false alarms, they shall notify the alarm user, in writing, that his permit
will not be revoked at this time.
C.
If no report is submitted or if the Chief of Police and
Code Enforcement Officer determine that the action taken or to be taken will
not substantially reduce the likelihood of false alarms, the Chief of Police
and Code Enforcement Officer shall give notice, by first class, postage prepaid,
certified mail, to the user that the permit will be revoked without further
notice, if the user does not file, within 10 days, a written request for a
hearing.
D.
If a hearing is requested, written notice of the time
and place of the hearing shall be served on the user by the Chief of Police
and Code Enforcement Officer, by first class, postage prepaid, certified mail,
at least 10 days prior to the date set for the hearing, which date shall not
be more than 21 nor less than 10 days after the filing of the request for
hearing.
E.
The hearing shall take place before the Board of Administrative
Appeals, designated by the Borough Council, and the alarm user shall have
the right to counsel and to present written or oral evidence, subject to the
right of cross-examination. If the hearing officer determines that four or
more false alarms have occurred and that the user has not taken action which
substantially reduces the likelihood of false alarms, he shall issue written
findings to that effect and an order revoking the user's permit.
F.
An alarm user shall immediately discontinue use of this
alarm system upon being notified, by first class, postage prepaid, certified
mail, of the revocation of his user's permit.
G.
An alarm user whose user's permit has been revoked may apply for a probationary user's permit. The Chief of Police and Code Enforcement Officer shall not be required to issue a probationary user's permit, unless he is satisfied that the user's system has been properly serviced and its deficiencies corrected. The Chief of Police and Code Enforcement Officer may impose reasonable restrictions and conditions upon the user before issuing a probationary user's permit, which restrictions and conditions shall be written on the permit. A probationary user's permit shall be issued for a one-year period. If the alarm user does not have four or more false alarms during that period, he may apply for a permanent permit under the provisions of § 94-7 of this chapter.
When messages evidencing failure to comply with the requirements set
forth in this chapter are received by the Borough and the Borough concludes
that the alarm system sending such messages should be disconnected in order
to relieve the Police Department, Fire Department or Ambulance Corps of the
burden of responding to false alarms, the Borough is authorized to demand
that the owner or lessee of the alarm system or his representative disconnect
the alarm system until it is made to comply with the operational requirements.
If disconnection of the defective alarm system is not accomplished promptly
and the Borough determines that the malfunctioning alarm system is repeatedly
sending false alarms without any intermittent valid alarms, the Borough may
then take any steps necessary to disconnect the defective alarm system.
A.
Consent to pay costs; schedule of costs. For the purpose
of defraying the costs of the Police or Fire Department or Ambulance Corps
of responding to false alarms, the owner, lessee or user of any alarm system
or any person using the services of an intermediary or any other kind of direct
or indirect connection with the police, fire or ambulance communications center,
except persons using two-way live-voice communication by telephone, shall,
as a condition of the installation and continued operation of such equipment
or service, consent to pay the Borough for each false alarm originating from
the owner's, lessee's or user's premises in accordance with the following
schedule:
[Amended 1-9-1991 by Ord. No. 91-1]
B.
Any such owner, lessee or user who fails to execute the consent described in Subsection A above within 90 days from the effective date of this chapter shall, within the ninety-day period, disconnect the alarm system.
C.
Any owner, lessee or user of an alarm system may revoke or refuse to consent as set forth in Subsection A above only by disconnecting the alarm system. With respect to such systems installed at the effective date of this chapter, the owner, lessee or user can refuse or revoke the aforesaid consent by disconnecting such alarm system within 90 days from the effective date of this chapter.
D.
Penalties provided for false alarms that are relayed
or transmitted by an intermediary shall be the responsibility of the owner
or user of the alarm system.
A.
Any person who shall be convicted of a violation of any
of the provisions of this chapter before any District Justice shall be sentenced
to pay a fine of not exceeding $600 together with costs of prosecution and,
in default of payment of such fine and costs, to imprisonment in the county
jail for a term not to exceed 30 days. Such fine and costs shall be collectible
before any District Justice (Court) as like fines and penalties are now by
law collectible. Each twenty-four-hour period during which failure to comply
continues shall constitute a separate offense.
[Amended 10-10-1990 by Ord. No. 90-16]
B.
Any person found guilty of willful misuse or willful
false activation of an alarm system shall be liable for a fine of $300, plus
the cost of prosecution, or to imprisonment in the county jail for a term
not to exceed 30 days, or both, for each and every such activation. Such fine
and costs shall be collectible before any District Justice as like fines and
penalties are now by law collectible. The same shall constitute a summary
offense.
