§ 42-1 Title.
§ 42-2 Definitions.
§ 42-3 Compliance required.
§ 42-4 List of installations.
§ 42-5 Permit required.
§ 42-6 Fees.
§ 42-7 Operating instruction.
§ 42-8 Copies of chapter to be furnished.
§ 42-9 Repair service.
§ 42-10 Audible alarms.
§ 42-11 Indirect keying.
§ 42-12 Inspections.
§ 42-13 Cost of false alarms; costs to be civil claim.
§ 42-14 Failure to execute and revocation of consent.
§ 42-15 Notification of false alarm.
§ 42-16 Disconnection.
§ 42-17 Violations and penalties.
§ 42-1 Title.
§ 42-2 Definitions.
- ANSWERING SERVICE
- A service whereby trained employees, in attendance at all times, receive prerecorded voice messages from automatic protection devices or other electronic means reporting an emergency at a stated location and who have the duty to relay immediately by live voice only such emergency message.
- AUDIBLE ALARM
- Any device, bell, horn or siren which is attached to the interior
or exterior of a building and emits a warning signal audible outside the building
and designed to attract attention when activated by a criminal act or other
emergency requiring the Police or Fire Departments to respond.
[Amended 1-14-2003 by Ord. No. 1-2003]
- AUTOMATIC PROTECTION DEVICE
- An electrically or battery operated instrument composed of sensory apparatus and related hardware which automatically transmits, either directly or indirectly, any form of alarm or signal, upon receipt of a stimulus from a sensory apparatus that has detected a physical force or condition inherently characteristic of intrusion.
- AUTOMATIC PROTECTION DEVICE SUPPLIER
- Any person, firm or corporation who sells or leases and/or installs automatic protection devices. Editor's Note: The definition of "Chief of Police," which immediately followed this definition, was repealed 9-14-1993 by Ord. No. 148-1993.
- FALSE ALARM
- Any signal activated by an automatic protection device, including any audible alarm, or any other kind of direct or indirect signal given to the police to which police are intended to respond, which is not the result of an actual and/or attempted burglary, robbery or similar emergency.
- KEY
- To use a telephone or recording equipment to transmit a message, either directly or indirectly, by an automatic protection device.
- PERSON
- Any natural person, corporation, partnership, joint venture, sole
proprietorship, association and any other entity of whatever type.
[Added 10-8-1996 by Ord. No. 3-1996; amended 7-8-1997 by Ord. No. 2-1997]
- TOWNSHIP
- The Township of East Bradford, Chester County, Pennsylvania.
- TOWNSHIP MANAGER
- The Manager of the Township of East Bradford, Chester County, Pennsylvania.
[Added 9-14-1993 by Ord. No. 148-1993]
§ 42-3 Compliance required.
A. Compliance with chapter. All who own, install, operate, repair, maintain, test or otherwise use automatic protection devices in the Township must do so in compliance with this chapter.
B. Compliance with National Electrical Code. Automatic protection devices, suppliers and installers must conform to the requirements contained in the National Electrical Code as they pertain to installations, inspections and testings of such devices.
§ 42-4 List of installations.
A. Within 90 days from the effective date of this chapter, each automatic protection device supplier who has installed an automatic protection device in the Township shall furnish to the Township Manager a current list of such installations, which shall include the following information:
[Amended 9-14-1993 by Ord. No. 148-1993]
(1) The name, address and telephone number of the owner or lessee.
(2) The name and address where the device is installed and the telephone number of that address.
(3) The name, address and telephone number of any answering service or any other person or firm who is authorized to respond to an emergency and gain access to the address where the device is installed.
(4) The name and telephone number of any person, firm or corporation, if any, other than the automatic protection device supplier who is responsible for maintenance and repair of the automatic protection device.
B. Maintaining a list of installations. By the fifth working day of each month following the submission of the initial list, each automatic protection device supplier shall furnish the Township Manager with a supplemental list of any additions, corrections or deletions from lists previously furnished. An automatic protection device supplier who enters into the business after the effective date of this chapter shall furnish a list containing the information specified in Subsection A by the fifth working day of the month following a first installation and shall thereafter furnish supplemental lists as required by this section.
[Amended 9-14-1993 by Ord. No. 148-1993]
C. Confidentiality of the list. All information furnished pursuant to these sections shall be kept confidential and shall be for the use of the Township only.
§ 42-5 Permit required.
[Amended 9-14-1993 by Ord. No. 148-1993]
No automatic protection device shall be installed without a permit. Application for a permit to install an automatic protection device shall be made to the Township Manager. The Township Manager shall establish the information to be contained in such application and may establish a form upon which applications are to be made. If a form is established by the Township Manager, then all applications shall be made on that form. A separate permit shall be required for each separate installation of an automatic protection device. Upon proper application being made and upon payment of the fee required, the Township Manager shall issue a permit for the installation of an automatic protection device.§ 42-6 Fees.
[Amended 1-14-2003 by Ord. No. 1-2003]
Fees for the registration and renewal of registration for an automatic protection device shall be computed in accordance with the fee schedule approved and adopted by Board of Supervisors of the Township, which schedule shall be available for public inspection at the Township Building.§ 42-7 Operating instruction.
A. Each automatic protection device supplier who sells or leases an alarm in the Township after the effective date of this chapter shall furnish operating instructions and a maintenance manual to the buyer or lessee.
B. Automatic protection devices installed in the Township shall meet the following requirements:
[Added 1-14-2003 by Ord. No. 1-2003]
(1) The type and content of recorded messages must be intelligible and in a format approved, prior to the installation, by the Chief of Police.
(2) No more than one call shall be made over the police radio network as a result of a single activation of the automatic protection device.
(3) The time for transmitting each recorded message shall not exceed 15 seconds.
§ 42-8 Copies of chapter to be furnished.
§ 42-9 Repair service.
A. Each automatic protection device supplier who sells or leases an automatic protection device in the Township shall make service available directly or through an agent on a twenty-four-hour-per-day basis, seven days a week, to repair such devices and to correct malfunctions as they occur. Such service shall be made available to any person using an automatic protection device at such user's expense. Any person using an automatic protection device shall make arrangements for service to be available to such device on a twenty-four-hour-per-day, seven-day-per-week basis.
B. Disclosure of availability of repair service. At the time of installation, an automatic protection device supplier shall furnish to any buyer or lessee using a repair service written information as to how service may be obtained at any time, including the telephone number of the automatic protection device supplier or agent responsible for service. The buyer or lessee of the automatic protection device supplier or agent supplying a service shall be responsible for having the device disconnected or repaired as quickly as possible after notice that the automatic protection device is not functioning properly.
§ 42-10 Audible alarms.
A. Installation. Automatic protection devices with audible alarms on locations may be installed in Township residences and business establishments so long as they are registered and comply with the provisions of this chapter.
B. Timing device required. Automatic protection devices must be equipped with a timing device which will disconnect the audible alarm after a maximum period of 15 minutes. Audible alarms without such devices are prohibited in the Township and must be modified to include the timing device or be disconnected by the owner or lessee within 60 days from the effective date of this chapter.
§ 42-11 Indirect keying.
[Amended 9-14-1993 by Ord. No. 148-1993]
Any person who has an automatic protection device in the Township may arrange to have such device keyed to an answering service authorized to relay emergency messages to the Emergency Service Dispatcher/Police Department serving the Township. The relay of messages by authorized answering services shall be over the primary trunk line. Automatic protection devices keyed to an authorized answering service may also be keyed to another telephone which the owner or lessee of the automatic protection device has available to himself or his representative at some other location.§ 42-12 Inspections.
[Amended 9-14-1993 by Ord. No. 148-1993]
The public safety requires that the incidents of false alarms and malfunctioning automatic protection devices be kept to a minimum so as to reduce unnecessary calls to the Police Department serving the Township and to increase the effectiveness of properly functioning automatic protection devices. In order to enforce this chapter and to reduce the incidents of false alarms and malfunctioning automatic protection devices, it is necessary that appropriate Township officials have the right to inspect the installation and operation of any automatic protection device installed in the Township. Application for a permit for the installation of an automatic protection device and subsequent installation of such a device pursuant to a permit issued or the continuance of the installation of any automatic protection device 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 of any such automatic protection device by the Township Manager, Township Zoning Officer, Township Building Inspector or any other designated agent of the Township. All such entries upon the premises upon which an automatic protection device is installed and all such inspections of installation and operation of automatic protection devices shall be at reasonable times and upon reasonable notice, except in an emergency situation.§ 42-13 Cost of false alarms; costs to be civil claim.
A. Schedule of costs.
[Amended 1-14-2003 by Ord. No. 1-2003]
(1) First false alarm per calendar year: warning.
(2) Second false alarm per calendar year: $25.
(3) Third false alarm per calendar year: $50.
(4) Fourth false alarm per calendar year: $75.
(5) Fifth false alarm and any subsequent false alarm per calendar year: $100 each.
B. This sum shall be a civil claim by the Township and does not affect the penalty provisions prescribed by § 42-17A and B hereof.
§ 42-14 Failure to execute and revocation of consent.
A. Any such owner, lessee or user who fails to execute the consent described in § 42-13 within 90 days from the effective date of this chapter shall, within the ninety-day period, disconnect the automatic protection device or any other kind of direct or indirect communication with the police or fire communication centers and shall discontinue using the service of any intermediaries.
B. Any owner, lessee or user of an automatic protection device may revoke or refuse to consent as set forth in § 42-13 above only by disconnecting the automatic protection device. With respect to such devices installed at the effective date of this chapter, the owner, lessee or user can refuse or revoke the aforesaid consent by disconnecting such automatic protection device within 90 days from the effective date of this chapter.
§ 42-15 Notification of false alarm.
§ 42-16 Disconnection.
[Amended 9-14-1993 by Ord. No. 148-1993]
When messages evidencing failure to comply with the operational requirements, as set forth in this chapter, are received by the Township and the Township concludes that the automatic protection device sending such messages should be disconnected in order to relieve the Police Department serving the Township of the burden of responding to false alarms, the Township may require that the owner or lessee of the device or his representative disconnect the device until it is made to comply with said operational requirements. If disconnection of the defective device is not accomplished promptly and the Township determines that the malfunctioning device is repeatedly sending false alarms without any intermittent, valid alarms, the Township may then take any action necessary to terminate the receiving of alarms.§ 42-17 Violations and penalties.
[Amended 10-8-1996 by Ord. No. 3-1996; 7-8-1997 by Ord. No. 2-1997 Editor's Note: This ordinance further provided that "the term 'reasonable attorneys fees' shall mean all those attorneys fees incurred by the Township in bringing an action to enforce the Code and collect fines and penalties in connection therewith and shall be at that hourly rate annually approved by the Board for the Township Solicitor." ; 1-14-2003 by Ord. No. 1-2003]
A. Violation of any provision of this chapter shall constitute an offense punishable by a fine of not more than $1,000, plus the costs of prosecution. Such fine and costs shall be collectible before any District Justice 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.
B. Any person found guilty of misuse, false activation or continual accidental activation of an automatic protection device shall be liable for a fine of not more than $1,000, plus the costs of prosecution, 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.