[HISTORY: Adopted by the Board of Supervisors of the Township
of Westtown 12-7-2009 by Ord. No. 2009-6.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 11.
[1]
Editor's Note: This chapter also repealed former Ch.
45, Alarm Systems, adopted 7-6-2009 by Ord. No. 2009-3.
This chapter shall be known as the "Westtown Township Alarm
Ordinance."
The following definitions shall apply to the interpretation
and enforcement of this chapter:
Any person, firm or corporation that monitors one or more
alarm system(s), and upon the receipt of a signal from an alarm system
notifies the Chester County 911 of the emergency.
Any assembly of equipment composed of sensory apparatus and
related hardware which transmits a signal from the premises to an
alarm monitoring company advising them of an emergency. Smoke alarms,
carbon monoxide detectors, etc., that are not connected to an alarm
monitoring company and whose sole purpose is to notify the occupants
of the property of an emergency shall not be considered an "alarm
system" for the purpose of this chapter.
Any person, firm or corporation who sells or leases and/or
installs alarm systems.
Any device, bell, horn or siren which is attached to the
exterior of a building and emits a warning signal audible outside
the building and that is designed to attract attention when activated.
The 911 Emergency Call Center operated by the Chester County
Department of Emergency Services.
An alarm received by Chester County 911 activated by inadvertence,
negligence, or an unintentional act, including the malfunction of
the alarm system; the intentional activation of a hold-up alarm for
other than a hold-up in progress; the intentional activation of a
burglary alarm for other than a burglary in progress; or the intentional
activation of a medical alarm for other than a medical emergency.
A false alarm shall not include alarms which are activated as a result
of acts of God, such as earthquakes, floods, windstorms, thunder or
lightning, or as a result of the testing or repairing of telephone
or electrical lines or equipment outside of the premises.
[Amended 2-18-2020 by Ord. No. 2020-02]
An alarm received by Chester County 911 activated by inadvertence,
negligence, or an unintentional act, including the malfunction of
the fire alarm system; the activation of a fire alarm for other than
an actual fire. A false fire alarm shall not include alarms which
are activated as a result of acts of God, such as earthquakes, floods,
windstorms, thunder or lightning, or as a result of the testing or
repairing of telephone or electrical lines or equipment outside of
the premises.
[Added 2-18-2020 by Ord.
No. 2020-02]
The Goshen Fire Company or West Chester Fire Company, or
their respective successor fire companies who provide fire protection
services to the Township.
A secure, tamperproof device with a lock operable only by
a Fire Department master key which contains building entry keys and
other keys that may be required for access in an emergency. Also known
as a "Knox-Box."
To use a telephone, radio or any other equipment to transmit
(send) a message from an alarm system to the alarm monitoring company.
The term "person" appearing herein shall include and be construed
to mean any person, firm, corporation or other entity.
The Police Department operating under the direction of the
Westtown-East Goshen Police Commission.
The Township of Westtown, Chester County, Pennsylvania.
A.
All alarm systems which are connected to an exterior audible alarm
shall be equipped with a timing device which will shut off the audible
alarm after a maximum period of 15 minutes.
B.
audible alarms without such a timing device will be unlawful in the
Township and must be disconnected by the owner, lessee or user within
60 days from the effective date of this chapter.
All alarm systems must be keyed to an alarm monitoring company.
A.
The sensory apparatus used in connection with an alarm system must
be adjusted to suppress false indications of intrusion, so that the
device will not be actuated by changing pressure in the water pipes,
short flashes of light, the rattling or vibrations to the premises
caused by the passing of vehicles or any other force not related to
a genuine alarm.
B.
All components comprising an alarm system must be maintained in good
repair to assure maximum reliability of operation.
A.
When alarm messages are received by Chester County 911 evidencing
failure to comply with the aforementioned operational requirements,
and the Township concludes that the alarm system is malfunctioning,
the Township is authorized to demand that the owner, lessee or user
of the alarm system disconnect the alarm system until it is brought
into compliance with the operational requirements.
B.
If disconnection of the defective alarm system is not accomplished within 48 hours of notification by the Township, this shall be considered a violation of this chapter. The Township shall notify the Chester County 911 that the alarm system is malfunctioning. In addition the Township may then take appropriate action to disconnect the defective alarm system. This remedy shall be in addition to and shall not affect the penalty provisions prescribed in § 45-12.
C.
For purposes of this provision, two or more false alarms or false
fire alarms within any thirty-day period shall be sufficient evidence
for the Township to determine that the alarm system is malfunctioning.
[Amended 2-18-2020 by Ord. No. 2020-02]
Alarm systems must conform to the requirements contained in
the National Electrical Code.
For the purpose of enforcing this chapter, the Police Chief,
Fire Marshal and/or the Township Manager or their duly authorized
designees are hereby authorized to enter upon an owner's, lessee's
or user's premises at a reasonable time upon written notice,
or in the event of an emergency, at any time, to make inspections
of installation and/or operation of an alarm system.
A.
No person shall conduct any test or demonstration or perform any
maintenance of an alarm system installed pursuant to this chapter
without first notifying the alarm monitoring company.
B.
Prior to conducting any testing, demonstration or maintenance of
an alarm system, the contractor or technician who performs the testing,
demonstration or maintenance shall notify the alarm monitoring company
and request that the alarm system be placed in test condition and
that no response is necessary to an alarm.
C.
Upon completion of the testing, demonstration or maintenance, the
contractor or technician who performs the testing, demonstration or
maintenance shall notify the alarm monitoring company that the alarm
system is back in service and that a response is necessary in the
event of an alarm.
D.
Any owner, lessee or user, or their designated contractor or technician,
who performs maintenance or testing on an alarm system without first
notifying the alarm monitoring company prior to performing maintenance
or testing, which then results in a false alarm, may be subject to
the false alarm fee established in this chapter.
The Township will, upon request, provide a copy of this chapter
to the owners, lessees, and users of properties which are protected
by alarm systems.
[Amended 2-18-2020 by Ord. No. 2020-02]
A.
For the purpose of defraying the costs to the
Police Department and/or Fire Department for responding to false alarms
and false fire alarms, a false alarm and false fire alarm fee schedule
shall be established by the Board of Supervisors by resolution from
time to time. The owner, lessee or user of any alarm system shall
be bound by the terms of this chapter, including the payment of false
alarm and false fire alarm fees.
B.
False alarm and false fire alarm fees shall
be charged based upon the number of false alarms or false fire alarms,
respectively, occurring per rolling twelve-month period (i.e., with
respect to any date of determination, the month most recently ended
and the 11 immediately preceding months for which, in each case, false
alarm and/or false fire alarm records are available, considered as
a single period).
C.
Each such payment provided for in this section shall be a civil claim by the Township and is in addition to and shall not affect the penalty provisions prescribed in § 45-12.
D.
If the owner, lessee or user of any alarm system fails to pay the false alarm fee within 30 days after receiving an invoice from the Township, the Township shall enforce such fee, together with interest at the legal rate and court costs, in a civil enforcement proceeding brought before a District Justice. Proceedings for collection thereof shall not affect or impair the Township's enforcement of this chapter pursuant to the penalty provisions of § 45-12 hereof.
[Amended 2-18-2020 by Ord. No. 2020-02]
A.
Any person who violates any provision of this chapter shall, upon
conviction thereof in a summary proceeding brought before the District
Justice, be guilty of a summary criminal offense and shall be subject
to the payment of a fine in an amount not more than $1,000, plus the
costs of prosecution. Upon default payment hereof, the defendant may
be sentenced to imprisonment in the county prison for a period of
not more than 30 days. Each section or provision of this chapter that
is violated shall constitute a separate offense and each day or portion
thereof in which a violation of this chapter is found to exist shall
constitute a separate offense, each of which violations shall be punishable
by a separate fine imposed by the District Justice of not more than
$1,000 plus the costs of prosecution, and upon default of payment
thereof, the defendant may be sentenced to imprisonment in the county
prison for a term of not more than 30 days.
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.
