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:
ALARM AGENT
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.
ALARM BUSINESS
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.
ALARM SYSTEM
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:
A.
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.
B.
Devices which are designed for and installed upon motorized vehicles
or trailers.
C.
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."
ALARM USER
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.
AUTOMATIC PROTECTION DEVICE (APD)
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.
AUTOMATIC TELEPHONE DEVICE
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.
CENTRAL STATION
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.
COMMUNICATIONS CENTER
The radio communications room of the Lancaster Bureau of Police presently
located in the Kendig C. Bare Public Safety Building.
FALSE ALARM
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.
LOCAL ALARM SYSTEM
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.
PERSON
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.
PROPRIETARY SYSTEM
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.
RESPONSE ASSESSMENT FEE
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.
The false alarm response is the first or second police response per
permit year;
B.
The alarm is received indicating line trouble;
C.
The false alarm was caused by an act of nature; or
D.
The false alarm was caused by utility service interruptions.
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.