[HISTORY: Adopted by the Borough Council
of the Borough of Columbia as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-10-1991 by Ord. No. 633; amended in its entirety 12-9-1991 by Ord. No. 637 (Ch.
5 of the 1971 Code)]
The Council, finding that there has been a proliferation
of installation and use of commercial and residential automatic burglar
and robbery alarm systems and fire alarm systems within the Borough,
that a substantial increase in the number of false alarms being reported
from these systems which have required Police and Fire Department
response and that the unregulated use of such alarm systems pose a
substantial threat to the orderly and effective provision of emergency
services by the Police and Fire Departments, hereby declares it to
be necessary to provide for the greater control and more effective
regulations of alarm systems, alarm businesses and users.
This article shall be known as the "Columbia
Borough Alarm Ordinance."
Certain terms, when used in this article, are
defined as follows, except where the context clearly indicates a different
meaning:
Any person who is self-employed in or employed by an alarm
business, either directly or indirectly, whose duties include selling,
maintaining, leasing, servicing, repairing, altering, replacing, moving
or installing on or in any building, structure or facility any alarm
system.
Any business operated by any individual, including a person
self-employed or a 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 alarm agent(s). 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 in a specific
location.
Any mechanical or electrically operated instrument
composed of sensory apparatus and related hardware which is designed
or used for:
The detection of 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.
The detection of a hazardous condition resulting
from fire, heat, smoke or explosion within a building structure or
facility 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 as set forth in Subsection A hereof.
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 police response
is expected or is a result of the alarm.
Devices which are designed for and installed
upon motorized vehicles or trailers.
Devices maintained and operated by the Borough
police used for the detection of unlawful acts and sometimes known
as a "portable stakeout alarm system."
Any person on whose premises an alarm system is maintained
which system is not specifically exempted from regulation under this
article. Sanctions imposed by this article shall be determined based
upon false alarms occurring per permitted location and not based upon
the total number of permits possessed by an alarm user.
Any mechanical or electrically operated instrument composed
of sensory apparatus and related hardware which is designated or used
for the detection of an unauthorized 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; or the detection
of a hazardous condition resulting from fire, heat, smoke or explosion
within a building, structure or facility and which emits a sound or
transmits a signal or message when activated. "Automatic protection
devices" include but are not limited to audible alarms, automatic
dialing devices, alarms connected directly to communication centers
and proprietor alarms.
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.
Any office, except the communication center, 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 Chief of Police of the Columbia Borough Police Department
or his designated representative. Wherever in this article duties
or responsibilities are assigned to the Chief of Police, he may delegate
them to such person or persons with the Police Department or Columbia
Borough Fire Department as he deems necessary and expedient for the
effective administration of this article.
[Amended 10-22-2019 by Ord. No. 918]
The radio communications room of the Columbia Borough Police
Department and the Lancaster County Fire and Police Radio Network.
An activation of an automatic protection device (APD) signal,
necessitating a response by the Columbia Borough Police Department
or Columbia Borough Fire Department where an emergency situation does
not exist at a particular permitted location. The term does not include
alarms caused by acts of nature or utility service interruptions.
[Amended 10-22-2019 by Ord. No. 918]
The Borough of Columbia Fire Chief.
[Amended 12-16-2003 by Ord. No. 726]
The Columbia Borough Fire Department.
[Amended 12-16-2003 by Ord. No. 726; 10-22-2019 by Ord. No. 918]
An alarm system which is attached to the interior or exterior
of a building and which, when activated, causes an audible and/or
visual warning signal which can be heard and/or seen outside the building
and is designed to attract attention when activated by an intrusion
or other emergency requiring Police or Fire Department response.
An 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.
An 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 Department
response is expected or is a result of that proprietary alarm signal
or message, it thereby becomes an alarm system as defined by this
article.
A fee charged a permittee for each and every false alarm
to which the Columbia Borough Police Department or Fire Department
responds. Exemption: No fee shall be charged if:
The false alarm response is the first, second
or third Police or Fire Department response per permit year.
[Amended 12-16-2003 by Ord. No. 726]
The alarm is received indicating line trouble.
The false alarm was caused by an act of nature.
The false alarm was caused by utility service
interruptions.
A.
Business permit required. No person shall engage in,
conduct or carry on an alarm business at any time without first applying
to the Chief of Police for and receiving an alarm business permit.
[Amended 12-16-2003 by Ord. No. 726]
B.
Alarm agent identification required. No person shall
engage in or conduct business or operate as an alarm agent without
carrying and displaying, upon request to any police officer, an alarm
agent identification card.
C.
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.
D.
Alarm system installations without permit. No alarm
business or alarm agent shall install any alarm system upon any premises
unless and until an alarm user permit for such alarm system has first
been issued to the alarm user.
E.
False alarm fee. No alarm user shall fail to pay when due the false alarm fee required by § 74-9C(1) for false alarms occurring during the term of a special interim permit.
F.
Testing prohibited without permission. No person shall
conduct any test or demonstration of any alarm system designed to
make direct connection to the communications center at any time without
first obtaining permission from the Chief of Police. Such permission
is not required where the equipment to be tested or demonstrated is
connected to an intermediary and the receipt of the alarm or signal
is not relayed to the Police Department or Columbia Borough Fire Department
by any means.
[Amended 10-22-2019 by Ord. No. 918]
G.
Intentional false alarm. Section 4905 of the Penal
Code, Act of 1972, P.L. 1482, No. 334 (18 Pa.C.S.A. § 4905)
makes it 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 an 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 Columbia Borough Police Department or Fire Department may
subject the activator to prosecution for violation of the aforesaid
section of the Penal Code.
H.
Automatic dialing device prohibited. No person shall
program, use or permit to be used any automatic dialing device that
has been programmed to automatically transmit a request for emergency
response directly to the communications center or any other Columbia
Borough Police Department or Fire Department telephone number.
A.
Applications and fees.
(1)
Applications. Any person engaging in alarm business
activities defined in this article, within 30 days of the effective
date of this section, shall apply for an 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 the permit, shall contain such
information as the Chief of Police shall by regulation require as
necessary to administer and enforce this article and shall be accompanied
by the required fee.
(2)
Permit fee. An annual fee as set 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.
There shall be no prorating of the initial fee even though the permit
has been applied for after January 1. Under no circumstances shall
fees be refunded.
[Amended 12-16-2003 by Ord. No. 726]
(3)
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.
[Amended 12-16-2003 by Ord. No. 726]
B.
Processing of applications.
(1)
Time. Following completion of the application and
payment of the fee, the Chief of Police shall have 30 working days
to investigate the applicant, to process the application and to grant
or deny a permit.
(2)
Grounds for denial. Permits to any applicant shall
be denied if:
(a)
The applicant does not agree to comply or fails to
comply with the requirements of this article and rules and regulations
adopted and orders of the Chief of Police issued pursuant to this
article.
(b)
The applicant has knowingly made any false, misleading
or fraudulent statement of material fact in the application or in
any report or record required to be filed with the Borough.
(c)
The applicant has had a similar type of permit previously
revoked for good causes within a two-year period preceding the filing
of the application, provided that after two years a permit may be
issued where the applicant can show a material change in the circumstances
since the date of the revocation demonstrating competency and ability
to conduct business in accordance with this article.
(3)
Denial notices. When an application for a permit is denied, the applicant shall be notified, in writing, of the denial with the basis thereof. If the reason(s) for denial are correctable, the applicant shall be so advised with suggestions on how these corrections can be made and what time limit has been set for making such corrections. The notice of denial shall inform the applicant that appeals may be made in the manner outlined in § 74-10.
(4)
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.
C.
Alarm business responsibilities.
(1)
Alarm businesses shall be required to:
(a)
Alarm agent identification cards. Issue to all alarm
agents connected with or in the employment of the business identification
cards containing as a minimum:
(b)
Identify existing alarm system. Within 30 days after
the effective date of this section or upon receipt of an alarm business
permit, whichever first occurs, supply the Columbia Borough Police
Department and Fire Department in circumstances relating to the sale
or installation of fire alarms 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.
(c)
Investigation of false alarms. At the direction of
the Chief of Police, investigate false alarms transmitted from any
alarm system they have installed or presently service where the Police
or Fire Department 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 Chief of Police for good
cause shown.
(2)
Statistical data. In addition to any other information
that may be required to be supplied by the provisions of this article,
the Chief of Police may require an alarm business to furnish him with
such statistical data as may be reasonably available relative to specified
periods of operation.
(3)
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 the alarm properly and to obtain service
for the alarm system at any time.
D.
Grounds for suspension or revocation.
(1)
In addition to any penalties which may be imposed
for the violation of provisions of this article, an alarm business
permit may be suspended or revoked by the Chief of Police for any
of the following reasons:
(a)
The violation of any of the provisions of this article.
(b)
The failure to comply with rules or regulations adopted
and orders of the Chief of Police issued pursuant to this article.
(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 Chief of Police.
(2)
Alarm permits solely for fire alarm systems shall
not be subject to suspension or revocation.
E.
Suspension or revocation procedure.
(1)
Notice. Prior to the suspension or revocation of an
alarm business permit becoming effective, the Chief of Police shall
notify the permittee, in writing, of the suspension or revocation,
the reasons therefor and his right to a hearing before the Chief of
Police, if desired, and that unless a request for a hearing before
the Chief of Police is filed, in writing, within 15 days of the date
of the notice of suspension or revocation, the suspension or revocation
shall then become effective without further action. Such notice shall
be served upon the permittee by delivering the same personally or
by leaving the notice at the place of business or residence of the
permittee in the custody of a person of suitable age and discretion.
In the event that the permittee cannot be found and the service of
the notice cannot be otherwise made in the manner herein provided,
a copy of such notice shall be mailed, registered mail, postage fully
prepaid, addressed to the permittee at his or her place of business
or residence as shown on the permit application.
(2)
Hearing. If a hearing is requested before the Chief
of Police, it shall be conducted by the Chief of Police or his designee
within 10 days of the request and shall be conducted in accordance
with the Local Agency Law (2 Pa.C.S.A. § 105). If following
the hearing the suspension or revocation is upheld, the reasons therefor
shall be set forth, in writing, and delivered to the permittee by
ordinary mail. A decision upholding or sustaining the suspension or
revocation shall result in such suspension or revocation becoming
effective and not subject to further stay except upon order of court.
A.
Discontinue automatic dialing devices. Within 90 days
after the effective date of this section, all automatic dialing devices
that have been programmed to automatically transmit a request for
emergency response directly to the communications center or any other
Columbia Borough Police Department or Fire Department telephone number
shall be disconnected.
B.
Local 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 time 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.
C.
Inspections. Every premises upon which an alarm system
is installed shall be subject to inspection at reasonable times by
authorized personnel of the Columbia Borough Police Department or
Fire Department, such inspection to be limited to such areas as are
necessary to inspect the installation and operation of the alarm system.
A.
Permit required. Any alarm user or any person desiring
to use an alarm system shall, within 60 days of the effective date
of this section, file an application for an alarm user permit for
each system in use with the Chief of Police; thereafter 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. A separate permit shall
be required for each protected location.
B.
Applications and annual fee.
(1)
Required information. The alarm user permit application
shall, in addition to such information as is required by the Chief
of Police to administer and enforce this article, contain the following
information:
(a)
The applicant's name, address and telephone number.
(b)
The address of the residence or business in or upon
which the alarm system has been or shall be installed.
(c)
The type of alarm system installed or to be installed
and the name of the primary manufacturer of the system or its major
components.
(d)
The name, address and alarm business permit number
of the alarm business, seller, installer and/or alarm business who
shall service or monitor the alarm system.
(e)
The names, addresses and telephone numbers of at least
two persons, three in the case of corporations, who are authorized
to respond to an emergency and gain access to the premises where the
alarm system is installed.
(2)
Permit fee. An annual fee as set from time to time
by resolution of the Borough Council shall be due and payable by January
1 of each year. The initial fee shall be due with the application.
There shall be no prorating of the initial fee even though the permit
has been applied for after January 1. Under no circumstances shall
fees be refunded.
[Amended 12-16-2003 by Ord. No. 726]
(3)
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.
[Amended 12-16-2003 by Ord. No. 726]
(4)
Response assessment fee. A person that owns, uses
or possesses an alarm device or automatic dialing device may not,
after causing or permitting three false alarms to occur in a consecutive
twelve-month period, cause or permit a subsequent false alarm to occur
in the same consecutive twelve-month period. A person that violates
this subsection commits a summary offense and shall, upon conviction,
be sentenced to pay a fine of not more than $300 pursuant to 18 Pa.C.S.A.
§ 7511.
[Amended 12-16-2003 by Ord. No. 726]
(5)
Exemption from fees. The following persons are exempt
from fees:
(a)
Alarm users who are over the age of 65 and are the
primary residents of the residence; and where no business is conducted
in said residence.
(b)
The United States government, the Commonwealth of
Pennsylvania, counties, municipal corporations, departments thereof
and other governmental entities are exempt from the fees required
in this article.
C.
Processing of applications. Following completion of
the application and payment of the required fee, the Chief of Police
shall have 15 working days to investigate the applicant, to process
the application and to grant or deny a permit.
D.
Denial of permits.
(1)
Grounds for denial. Alarm user permits to any applicant
shall be denied if:
(a)
The applicant does not agree to comply or fails to
comply with the requirements of this article and rules and regulations
adopted pursuant to this article.
(b)
The applicant has knowingly made any false, misleading
or fraudulent statement of a material fact in the application or in
any report or record required to be filed under this article.
(c)
The applicant has had a similar type of permit previously
revoked for good cause in the past unless the applicant can show a
material change in the circumstance since the date of revocation through
acceptable conduct under a special interim permit.
(2)
Notice of denial. When an application for a permit is denied, the applicant shall be notified, in writing, of the denial with the basis thereof. If the reason(s) for denial are correctable, the applicant shall be so advised with suggestions on how these corrections can be made and what time limit has been set for making such corrections. The notice of denial shall inform the applicant that appeals may be made in the manner outlined in § 74-10.
E.
Display of permit. An alarm user permit, including
a special interim permit, shall be kept on the premises where the
alarm system is located and shall be produced and displayed to any
police officer or member of the Columbia Borough Fire Department upon
request.
[Amended 10-22-2019 by Ord. No. 918]
F.
Maintain current information. Applicants for business
permits shall agree, in writing, and as a condition for receiving
and keeping permits to notify the Police Department or Fire Department
in circumstances regarding fire alarms, in writing, within 10 days
of any changes in the application currently on file, i.e., ownership,
management or persons to be notified in the event of an alarm activation.
A.
Grounds.
(1)
General. An alarm user permit may be suspended or
revoked by the Chief of Police for any of the following:
(a)
The violation of any of the provisions of this article.
(b)
The failure to comply with rules and regulations adopted
pursuant to this article.
(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 Chief of Police or Borough agency.
(d)
Where the applicant or permit holder has had a similar
type of 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 through acceptable conduct under a special
interim permit.
(2)
False alarms. Upon receipt of the fifth false alarm
in a twelve-month period, the alarm user's permit shall be suspended
for the balance of the permit year. The user may apply for an interim
permit which may be issued by the Chief of Police or his designee,
after payment of an interim permit fee as set from time to time by
resolution of the Borough Council.
(3)
Intentional false alarms. An alarm user permit shall
be revoked in the event of the intentional activation of a knowingly
false alarm by the alarm user or by members of his family over 12
years of age, his employees or agents.
[Amended 12-16-2003 by Ord. No. 726]
(4)
Automatic suspension and citation. After the 10th
false alarm response per permit year, the alarm user's permit will
be revoked and will be enforced by the issuance of a citation for
violation of compliance with this article. The user may apply for
a permit renewal for the next permit year, which shall begin January
1 of the next calendar year.
(5)
Nonpayment as grounds for suspension. Nonpayment by
the permit user of the fees assessed within 15 days of their receipt
will constitute a suspension or revocation of the alarm user permit.
(6)
Newly installed APD's. On newly installed or recently
modified APD's, the Chief of Police may grant up to a thirty-day grace
period for user familiarization and/or adjustment of mechanical malfunctions,
during which time the false alarm activation will not be counted and
response assessment fees will not be changed.
(7)
Alarm user permits solely for fire alarm systems shall
not be subject to suspension or revocation.
B.
Procedure.
(1)
Notice. Prior to the suspension or revocation of an alarm user permit's becoming effective, the Chief of Police shall notify the permittee, in writing, of the suspension or revocation, the reasons therefor, including if action is being taken pursuant to Subsection A(2) or (3) hereof, the dates of false alarms and the reasons they are considered false alarms, his right to a hearing before the Chief of Police, if desired, and that unless a request for a hearing before the Chief of Police is filed, in writing, within 15 days of the date of the notice of suspension or revocation, the suspension or revocation shall then become effective without further action. Such notice shall be served upon the permittee by delivering the same personally or by leaving the notice at the place of business or residence of the permittee in the custody of a person of suitable age and discretion. In the event that the permittee cannot be found and the service of such notice cannot be otherwise made in the manner herein provided, a copy of the notice shall be mailed, registered mail, postage fully prepaid, addressed to the permittee at his or her place of business or residence as shown on the permit application.
(2)
Hearing. If a hearing is requested before the Chief
of Police, it shall be conducted by the Chief of Police or his designee
within 10 days of the request and shall be conducted in accordance
with the Local Agency Law (2 Pa.C.S.A. § 105). If, following
the hearing, the suspension or revocation is upheld, the reasons therefor
shall be set forth, in writing, and delivered to the permittee by
ordinary mail. A decision upholding or sustaining the suspension or
revocation shall result in such suspension or revocation becoming
effective and not subject to further stay except under order of court.
(3)
Special provisions for false alarms. Any false alarm
occurring while suspension or revocation of an alarm user permit has
been stayed pending the expiration of the time permitted to request
a hearing before the Chief of Police or his designee, shall:
(4)
Liability of Borough limited. Where the Chief of Police
orders that an APD be disconnected, no liability shall incur to the
Borough or its employees through such action.
A.
General. A special interim permit may be issued to
any alarm user who has been given notice that his alarm user permit
has been suspended or revoked. The special interim permit may be applied
for and issued even though the notice of suspension or revocation
is not yet final. The special interim permit shall be issued upon
compliance with the following conditions:
(1)
Application. An application shall be filed containing
such information as shall be required by the Chief of Police.
(3)
Review by Chief of Police. The Chief of Police shall
determine that the alarm system to be used has been properly installed
and serviced and deficiencies therein corrected and is satisfied that
the steps outlined by the applicant in his report shall tend to reduce
or eliminate false alarms.
B.
Term of permit. A special interim permit shall be valid for a period of six months from the date of issuance and shall only be subject to renewal upon refiling of an application therefor and compliance with Subsection A(1) through (3) hereof; provided, however, that if during the term of the special interim permit no false alarms are received from the alarm system subject to the permit, the alarm user shall be eligible to reapply for an alarm user permit.
C.
False alarms. In the event of a false alarm from any
alarm system that occurs during the term of a special interim permit,
the alarm user shall:
(1)
False alarm fee: Pay a false alarm fee of not more
than $300 pursuant to 18 Pa.C.S.A. § 7511. False alarm fees shall
be payable within 15 days of an alarm user being invoiced for such
fee by the Chief of Police or his designee. (All fees shall be deposited
in the Borough general fund.)
[Amended 12-16-2003 by Ord. No. 726]
(2)
Report required: Submit a written report to the Chief
of Police within 15 days of the false alarm setting forth the cause
for the false alarm and the corrective steps taken to prevent recurrence.
(3)
Bar to obtaining alarm user permit: Be ineligible
to reapply for an alarm user permit upon the expiration of the special
interim permit term but shall be required to renew the special interim
permit.
D.
Renewal limitation. A special interim permit may not
be renewed for more than three consecutive terms, except that there
shall be no limitation for alarm users who are required by law to
have and maintain alarm systems. Any alarm user who becomes ineligible
for renewal of a special interim permit shall be required to cease
use of the alarm system; provided, however, that nothing herein shall
prohibit an alarm user from converting the alarm system to and using
it as a proprietary alarm.
A.
Time and manner; appeal fee. Within 30 days after
denial of an application for or renewal of any permit by the Chief
of Police or action by the Chief of Police suspending or revoking
a permit becoming final, any person so affected may appeal such action
to the Board of Appeals by filing a notice of appeal, in writing,
with the Chief of Police setting forth the specific grounds upon which
the appeal is based, together with an appeal fee as set from time
to time by resolution of the Borough Council.
B.
Hearing and decision. Upon the filing of an appeal,
the Chief of Police shall set a time and place for hearing before
the Board of Appeals and shall notify the appellant thereof. The hearing
shall be set within 30 days of the filing of the appeal. The hearing
shall be conducted in accordance with the requirements of the Local
Agency Law (2 Pa.C.S.A. § 105). The appellant and any other
interested party shall be given a reasonable opportunity to be heard
in order to show cause why the determination of the Chief of Police
should not be upheld. In all cases the burden of proof shall be upon
the appellant to show that there was no substantial evidence to support
the decision of the Chief of Police. The decision of the Board of
Appeals shall be in writing and shall state the reasons therefor.
C.
Appeal not a stay. The filing of an appeal hereunder
shall not operate to stay the action or decision of the Chief of Police
which is the subject of the appeal.
D.
Board of Appeals. The Board, for the purposes of this
article, shall be the Building Board of Housing Appeals and Revisions
of the Borough, which Board shall have full authority to carry out
the duties of the Board of Appeals as set forth in this article.
The Chief of Police may promulgate such regulations
as are necessary for the administration and enforcement of this article.
Before becoming effective, any such regulations shall be approved
by resolution of the Council and thereafter shall be available for
public inspection.
The information furnished and secured pursuant
to this article shall be confidential in character and shall not be
disclosed except in accordance with law or order of court or if required
in connection with the administration and enforcement of this article.
This article shall be enforced by the Columbia
Borough Police Department and Fire Department acting through the Chief
of Police or his designated representative.
A.
General. Except as specifically provided above, whoever
violates any provision of this article or of the regulations promulgated
hereunder shall, upon conviction thereof in a summary proceeding,
be sentenced to pay a fine of not more than $600 for each and every
offense, plus costs of prosecution, to be collected as other fines
and costs are by law collectible, and, in default of payment of such
fine and costs, shall be imprisoned for not more than 30 days. Each
day during which any person violates any provision of this article
shall constitute a separate offense.
[Amended 12-16-2003 by Ord. No. 726]
B.
Payment of fees no bar to prosecution. The payment
of any fees required shall not be a bar against prosecution for any
violation under this article.
C.
No limitation of remedies. Institution of a prosecution
for the imposition of the foregoing penalties shall not be construed
to limit or deny the right of the Borough to such equitable or other
remedies as may be allowed by law.
D.
Written notice of false alarm and response assessment
fees. A written notice, in ticket form, advising of said false alarm
and indicating an appropriate response assessment fee due shall be
issued in the name of and served upon the permittee or any person
connected with the alarm system.
[Adopted 12-11-2017 by Ord. No. 891]
The following structures shall be equipped with a key lock box
at or near the main entrance or such other location required by the
Fire Chief of the Borough of Columbia:
A.
Commercial or industrial structures protected by an automatic alarm
system or automatic suppression system, or such other structures that
are constructed in a manner that restricts access during an emergency
as shall be determined from time to time by the Fire Chief.
B.
Multifamily residential structures that have a common entrance for
two or more rental units.
[Amended 8-13-2019 by Ord. No. 917]
C.
Governmental structures and nursing care facilities.
All newly constructed structures subject to this article shall
have the key lock box installed and operational prior to the issuance
of an occupancy permit. All structures in existence on the effective
date of this article and subject to this article shall have one year
from the effective date of this article to have a key lock box installed
and operational.
The Fire Chief of the Borough of Columbia shall designate the
type of key lock box system to be implemented within the Borough of
Columbia and shall have the authority to require all structures subject
to this article to use the designated system.
The owner or operator of a structure required to have a key
lock box shall, at all times, keep a key in the lock box that will
allow for access to the structure by the Fire Chief, and emergency
fire personnel, Police Chief of the Borough of Columbia, and police
personnel.
The Fire Chief shall be authorized to implement rules and regulations
for the use of the key lock box system, which rules and regulations
shall be posted on the website of the Borough of Columbia.
[Amended 8-13-2019 by Ord. No. 917]
The Fire Chief will determine the type of key and size of the
key lock box.
[Amended 8-13-2019 by Ord. No. 917]
The key lock box shall be installed at a location designated
by the Fire Chief and shall be identified in a manner described by
the Fire Chief, or in the alternative, designated and identified by
the Fire Chief’s designee.
[1]
Editor’s Note: Former § 74-22, Required dimensions,
was repealed 8-13-2019 by Ord. No. 917.
[Amended 8-13-2019 by Ord. No. 917]
The owner or operator of the facility shall update the appropriate
documents within the key lock box on an annual basis or more frequently
when deemed necessary by the Fire Chief and/or Code Official and shall
send the Fire Chief all of the updated material, including an updated
copy of the emergency and hazardous chemical inventory form, which
shall be placed in the key lock box as well as disseminated among
the Codes Department and emergency response personnel, including members
of the Police Department.
A.
Whoever violates any provision of this article regarding key lock
box requirements shall, upon conviction in a summary proceeding, be
sentenced for each violation to pay a fine of not more than $600,
together with costs of prosecution for each violation, and, in default
of the payment of such fine and costs, to undergo imprisonment for
not more than 30 days. Each violation of any provision of this article,
and each day that such violation shall exist, shall constitute a separate
violation and offense.
B.
Any person who violates any provision of this article may have their
permit to use an outdoor fire device suspended or revoked by Columbia
Borough Council, in the Council's sole discretion.
