[HISTORY: Adopted by the City Council of the City of Lancaster as
Article 736 of the Codified Ordinances. Amendments noted where applicable.]
The Council, finding that there has been a proliferation of installation
and use of commercial and residential automatic burglar and robbery alarm
systems within the city and a substantial increase in the number of false
alarms being reported from these systems which have required police response
and that the unregulated use of such alarm systems poses a substantial threat
to the orderly and effective provision of emergency services by the Bureau
of Police, hereby declares it to be necessary to provide for the greater control
and more effective regulations of alarm systems, alarm businesses and users.
This chapter shall be known as the "Lancaster Alarm Article."
Certain terms, when used in this chapter, 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,
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. 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 Bureau of 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 chapter. Sanctions
imposed by this chapter 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. 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.
Wherever in this chapter duties or responsibilities are assigned
to the Chief, he may delegate them to such person or persons with the Bureau
of Police as he deems necessary and expedient for the effective administration
of this chapter.
The radio communications room of the Lancaster Bureau of Police presently
located in the Kendig C. Bare Public Safety Building.
An activation of an automatic protection device (APD) signal, necessitating
a response by the City Bureau of Police 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.
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 response.
Any 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.
Any 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 response is expected or is a result of that
proprietary alarm signal or message, it thereby becomes an alarm system, as
defined by this chapter.
A fee charged a permittee for each and every false alarm to which
the Bureau of Police responds. Exemption: No fee shall be charged if:
A.Â
Business permit required. No person shall engage in,
conduct or carry on an alarm business at any time without first applying for
and receiving an alarm business permit.
B.Â
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.Â
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.Â
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.Â
False alarm fee. No alarm user shall fail to pay when due the false alarm fee required by § 84-9C(1) for false alarms occurring during the term of a special interim permit.
F.Â
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
by any means.
G.Â
Intentional false alarm. Section 4905 of the Penal Code,
Act of 1972, P.L. 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 Bureau of Police may subject the activator to prosecution for violation
of the aforesaid section of the Penal Code.
H.Â
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 Bureau of Police telephone number.
A.Â
Applications and fees.
(1)Â
Applications. Any person engaging in alarm business activities,
defined in this chapter, 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 chapter and
shall be accompanied by the required fee.
(2)Â
Permit fee. An annual fee of $25 shall be due and payable
by April 1 of each year. The initial fee shall be due with the application.
There shall be no prorating of the initial fee even through the permit has
been applied for after April 1. Under no circumstances shall fees be refunded.
(3)Â
Expiration date. An alarm business permit shall automatically
terminate and expire on March 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.
B.Â
Processing of applications.
(1)Â
Time. Following completion of the application and payment
of the fee, the Chief shall have 30 working days to investigate the applicant,
process the application and grant or deny a permit.
(2)Â
Ground for denial. Permits to any applicant shall be
denied if:
(a)Â
The applicant does not agree to comply or fails to comply
with the requirements of this chapter and rules and regulations adopted and
orders of the Chief issued pursuant to this chapter;
(b)Â
The applicant has knowingly made any false, misleading
or fraudulent statements of material fact in the application or in any report
or record required to be filed with the city; or
(c)Â
The applicant has had a similar type 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 chapter.
(3)Â
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 § 84-10.
(4)Â
Applicability. Applicants already doing business in the
city 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 city on the effective date of this section shall not
commence doing business until his application is approved.
C.Â
Alarm business responsibilities. Alarm businesses shall
be required to do the following:
(1)Â
Alarm agent identification (ID) cards: issue to all alarm
agents connected with or in the employment of the business identification
cards, containing as a minimum:
(2)Â
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 Bureau of Police with a complete list of
the names and addresses of all persons within the city 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.
(3)Â
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 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 for good cause shown.
(4)Â
Statistical data. In addition to any other information
that may be required to be supplied by the provisions of this chapter, the
Chief may require an alarm business to furnish him with such statistical data
as may be reasonably available relative to specified periods of operation.
(5)Â
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 system properly and to obtain service for the alarm
system at any time.
D.Â
Grounds for suspension or revocation. In addition to
any penalties which may be imposed for the violation of provisions of this
chapter, an alarm business permit may be suspended or revoked by the Chief
for any of the following reasons:
(1)Â
The violation of any of the provisions of this chapter;
(2)Â
The failure to comply with rules or regulations adopted
and orders of the Chief issued pursuant to this chapter; or
(3)Â
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.
E.Â
Suspension or revocation procedure.
(1)Â
Notice. Prior to the suspension or revocation of an alarm
business permit becoming effective, the Chief shall notify the permittee,
in writing, of the suspension or revocation, the reasons therefor, his right
to a hearing before the Chief, if desired, and that unless a request for a
hearing before the Chief is filed in writing within 15 days of the date of
the notice of suspension or revocation, that 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)Â
Hearing. If a hearing is requested before the Chief,
it shall be conducted by the Chief 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.Â
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 Bureau of Police telephone
number shall be disconnected.
B.Â
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 timing
mechanism, other than fire alarms, shall be unlawful in the city and shall
be disconnected by the user within 60 days from the effective date of this
section.
C.Â
Inspections. Every premises upon which an alarm system
is installed shall be subject to inspection at reasonable times by authorized
personnel of the Bureau of Police, such inspection to be limited to such areas
as are necessary to inspect the installation and operation of the alarm system.
A.Â
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.Â
Applications and annual fee.
(1)Â
Required information. The alarm user permit application
shall, in addition to such information as is required by the Chief to administer
and enforce this chapter, contain the following information:
(a)Â
The applicant's name, address and telephone number.
(b)Â
The address of the residence or business in or upon which
the alarm system has been or shall be installed.
(c)Â
The type of alarm system installed or to be installed
and name of the primary manufacturer of the system or its major components.
(d)Â
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)Â
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)Â
Permit fee. An annual fee of $10 shall be due and payable
by April 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 April 1. Under no circumstances shall fees be refunded.
(3)Â
Expiration date. An alarm business permit shall automatically
terminate and expire on March 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.
(4)Â
Response assessment fee. A response assessment fee shall
be due and payable, unless extended for cause by the Chief of Police, within
five working days following receipt of a written notice of a false alarm,
and shall be as follows:
[Amended 3-11-1997 by Ord.
No. 5-1997]
|
False Alarm per Permit Year
|
Fee
| |
|---|---|---|
|
First and second response
|
No charge
| |
|
Third response
|
$50
| |
|
Fourth response
|
$75
| |
|
Fifth response
|
$100
| |
|
Sixth response, and each response thereafter
|
$150
|
(5)Â
Exemption from fees.
(a)Â
The following persons are exempt from fees: alarm users
who are over the age of 65 and are the primary residents of the residence;
and where no business is conducted in such residence.
(b)Â
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 chapter.
C.Â
Processing of applications. Following completion of the
application and payment of the required fee, the Chief shall have 15 working
days to investigate the applicant, process the application and to grant or
deny a permit.
D.Â
Denial of permits.
(1)Â
Grounds for denial. Alarm user permits to any applicant
shall be denied if:
(a)Â
The applicant does not agree to comply or fails to comply
with the requirements of this chapter and rules and regulations adopted pursuant
to this chapter;
(b)Â
The applicant has knowingly made any false, misleading
or fraudulent statements of a material fact in the application or in any report
or record required to be filed under this chapter; or
(c)Â
The applicant has had a similar type 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)Â
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 § 84-10.
E.Â
Display of permit. An alarm user permit and 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 upon
request.
F.Â
Maintain current information. Applicants for business
permits shall agree in writing and as a condition for receiving and keeping
permits to notify the Bureau of Police in writing within 10 days of any changes
in the application currently on file, such as ownership, management or persons
to be notified in the event of an alarm activation.
A.Â
Grounds.
(1)Â
General. An alarm user permit may be suspended or revoked
by the Chief of Police for any of the following:
(a)Â
The violation of any of the provisions of this chapter;
(b)Â
The failure to comply with rules and regulations adopted
pursuant to this chapter;
(c)Â
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 or city
agency; or
(d)Â
Where the applicant or permit holder has had a similar
type 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)Â
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 of $100.
(3)Â
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.
(4)Â
Automatic suspension and citation. After the 10th false
alarm response per permit year, the alarm user's permit shall be revoked and
this chapter shall be enforced by the issuance of a citation for violation
of compliance with this chapter. The user may apply for a permit renewal for
the next permit year, which shall begin January 1 of the next calendar year.
(5)Â
Nonpayment as a grounds for suspension. Nonpayment by
the permit user of the fees assessed within 15 days of their receipt shall
constitute a suspension or revocation of the alarm user permit.
(6)Â
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 shall not be counted and response assessment
fees shall not be charged.
B.Â
Procedure.
(1)Â
Notice. Prior to the suspension or revocation of an alarm user permit becoming effective, the Chief shall notify the permittee in writing of the suspension or revocation, the reasons therefor, including, if action is being taken pursuant to Subsections A(2) or (3) hereof, the dates of false alarms and the reason they are considered false alarms, his right to a hearing before the Chief, if desired, and that unless a request for a hearing before the Chief is filed in writing within 15 days of the date of the notice of suspension or revocation, that 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)Â
Hearing. If a hearing is requested before the Chief,
it shall be conducted by the Chief 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.
(3)Â
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 or a hearing before the Chief or his designee shall:
A.Â
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)Â
Application. An application shall be filed containing
such information as shall be required by the Chief of Police.
(3)Â
Review by Chief. The Chief has determined the alarm system
to be used has been properly installed, serviced, any 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.Â
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.Â
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)Â
False alarm fee: in the event of a false alarm from any
alarm system that occurs during the term of a special interim permit, pay
a false alarm fee of $100.
(2)Â
Report required: submit a written report to the Chief
within 15 days of the false alarm setting forth the cause for the false alarm
and the corrective steps taken to prevent recurrence.
(3)Â
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.Â
Renewal limitation. A special interim permit may not
be renewed for more than three consecutive terms, except 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.Â
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 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 setting forth the specific grounds upon
which the appeal is based, together with an appeal fee of $50.
B.Â
Hearing and decision. Upon the filing of an appeal, the
Chief shall set a time and place for hearing before the Board 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 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. The
decision of the Board shall be in writing and shall state the reasons therefor.
C.Â
Appeal not a stay. The filing of an appeal hereunder
shall not operate to stay the action or decision of the Chief which is the
subject of the appeal.
D.Â
Board of Appeals. The Board for the purposes of this
chapter shall be the Building Board of Housing Appeals and Revisions of the
city, which Board shall have full authority to carry out the duties of the
Board of Appeals as set forth in this chapter.
The Chief of Police may promulgate such regulations as are necessary
for the administration and enforcement of this chapter. 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 chapter 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 chapter.
This chapter shall be enforced by the Bureau of Police acting through
the Chief of Police or his designated representative.
A written notice, in ticket form, advising of a 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.
Alarm permits issued for the 1991 permit year shall be effective from
April 1, 1991, until December 31, 1991. Commencing January 1, 1992, the alarm
permit year shall run from the first of the year through December 31 of that
calendar year.
A.Â
General. Whoever violates any provision of this chapter
or of the regulations promulgated hereunder shall, upon conviction thereof
in a summary proceeding, be sentenced to pay a fine of not less than $50 and
not more than $600 for each and every offense, to be collected as other fines
and costs are by law collectible, or shall be imprisoned for not more than
90 days, or both. Each day during which any person violates any provision
of this chapter shall constitute a separate offense.
B.Â
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 chapter.
C.Â
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 city to such equitable or other remedies as may be
allowed by law.
