[HISTORY: Adopted by the Borough Council
of the Borough of Conway 9-15-2004 by Ord. No. 493, approved 9-15-2004. Amendments
noted where applicable.]
For purposes of this chapter, the following
terms shall have the following meanings:
A communication to the Police Department and/or Fire Department
indicating that a crime, fire or other emergency situation warranting
immediate action by the Police Department and/or Fire Department has
occurred or is occurring.
A mechanical device designed to automatically transmit an
alarm by wires, telephone, radio or other means:
The Secretary of the Borough.
Any person or entity engaging in an enterprise for profit.
An alarm to which the Police Department and/or Fire Department
responds resulting from the activation of an alarm device when a crime,
fire or other emergency warranting immediate action by the Police
Department and/or Fire Department has not, in fact, occurred.
A person to whom the Police Department and/or Fire Department
has issued a permit pursuant to the terms of this chapter.
An individual, corporation, partnership, incorporated association
or other similar entity.
No property owner, tenant or other person occupying premises within the Borough may install, or cause the installation of, an alarm device after the effective date of this chapter without first obtaining a permit from the Borough Secretary to do so. No person may install, or cause the installation of, an alarm device serving premises inside the Borough after the effective date of this chapter without first obtaining a permit from the Borough Secretary to do so in the event that such alarm device triggers an alarm. A permit shall also be required for the revision or upgrading of an existing alarm device, but the fee referred to in § 55-4 hereof shall not be charged in such an instance. A permit shall also be required to maintain an alarm device in place before the effective date of this chapter, but the fee referred to in § 55-4 hereof shall not be charged for its issuance, and the permit need not be obtained until 90 days after the effective date of this chapter.
The Borough Secretary shall be empowered to
require any person applying for a permit to follow such reasonable
rules and regulations in the installation and maintenance of the alarm
device as the Borough Secretary shall promulgate to carry out the
purpose of this chapter; provided, however, that such rules and regulations
shall require that person to comply with the following:
A.Â
Exoneration. That person shall agree, as a condition
to the obtaining of the permit, to release, indemnify and hold the
Borough, its employees, officers and agents, harmless for any damage
to other parties or property incurred in responding to an alarm.
B.Â
List of names. That person shall agree, as a condition
to the obtaining of the permit, to give the Police Department and/or
Fire Department the names of at least two individuals having access
to the premises served by the alarm device and to the alarm device
itself in the event that such individuals do not reside at the premises
and who are authorized to enter the premises at any time.
The cost of obtaining a permit shall be in an
amount as established, from time to time, by resolution of Borough
Council.
A permit holder, other than a person operating
a commercial establishment, shall pay fines in accordance with the
following schedule for a false alarm triggered by the alarm device
for which a permit was issued to that permit holder:
A permit holder operating a commercial establishment
shall pay no fine for the first offense, but each false alarm after
that shall constitute a fine of $100 for each false alarm triggered
by the alarm device for which a permit was issued in connection with
that permit holder's commercial establishment.
The Borough Secretary, or his delegate, shall
collect all fees for a permit issued. Each permit holder with an alarm
device triggering a false alarm shall be informed in writing by the
Chief of the Police Department and/or Fire Department, or a delegate,
of any false alarm.
The violation or failure to comply with any
provision of this chapter shall constitute an offense, and prosecution
for such offense shall be in accordance with the practice in the case
of summary convictions. The fines or penalties for each and every
such violation or failure shall be limited as follows:
B.Â
Other provisions. The fine for each and every failure to obtain a permit under § 55-2 hereof; for each and every failure to comply with any provisions set forth in § 55-3 hereof; and for each and every failure to pay the fee for obtaining a permit under § 55-4 hereof shall not exceed $600 plus costs and, in default of payment of said fine and costs, said person shall be subject to a term of imprisonment not to exceed 30 days.
