[HISTORY: Adopted by the Board of Supervisors of the Township
of East Bradford 3-10-2015 by Ord.
No. 6-2015;[1] amended in its entirety 11-10-2015 by Ord. No. 12-2015. Subsequent amendments
noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
42, Alarm Systems, adopted 1-7-1985 by Ord. No. 77-1985, as amended.
This chapter shall be known as the "Township of East Bradford
Automatic Protection Device Ordinance."
The following definitions shall apply to the interpretation
and enforcement of this chapter:
A service whereby trained employees, in attendance at all
times, receive prerecorded voice messages from automatic protection
devices reporting an emergency at a stated location, which employees
have the duty to relay immediately by live voice only such emergency
message.
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 and/or Fire
Departments to respond.
An electrically or battery-operated instrument composed of
sensory apparatus and related hardware which automatically transmits
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.
Any person, firm or corporation who sells or leases and/or
installs automatic protection devices.
A protective system, or group of such systems, operated privately
for customers by a person, firm or corporation which maintains, supervises
and accepts recorded messages from automatic protection devices at
a central station having trained operators and guards in attendance
at all times that have the duty to take appropriate action upon receipt
of a signal or message.
Any signal activated by an automatic protection device, any
audible alarm or any other kind of direct or indirect signal given
to the emergency service dispatcher, Police Department, and/or Fire
Department to which the Police and/or Fire Departments are intended
to respond, which is not the result of an actual and/or attempted
burglary, robbery, fire or similar emergency.
A central station protective system or an answering service,
as herein defined.
To use a telephone or recording equipment to transmit a message,
either directly or indirectly, by an automatic protection device.
Any natural person, corporation, partnership, joint venture,
sole proprietorship, association and any other entity of whatever
type.
The Township of East Bradford, Chester County, Pennsylvania.
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.
A.Â
Automatic protection devices with audible alarms on locations may
be installed in Township residences and business establishments so
long as they comply with the provisions of this chapter.
B.Â
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.
A.Â
Any person who has an automatic protection device in the Township
may arrange to have such device keyed to an intermediary authorized
to relay emergency messages to the emergency service dispatcher, Police
Department, and/or Fire Department serving the Township.
B.Â
Automatic protection devices keyed to an authorized intermediary
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.
A.Â
Each automatic protection device installed in the Township should
be registered with the Police Department.
B.Â
The registration application should contain the information set forth
below, together with such other information as the Township and Police
Department deem necessary for the administration of this chapter:
(1)Â
The name, address and telephone number of the owner and lessee, if
applicable.
(2)Â
The name and address where the device is installed and the telephone
number of that address.
(3)Â
The name, address and telephone number of any intermediary 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)Â
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.
(5)Â
Registrations should be renewed annually to ensure the Police Department
has current emergency contact information for the owner of the automatic
protection device.
A.Â
Automatic protection devices installed in the Township shall meet
the following requirements:
(1)Â
The type and content of recorded messages must be intelligible.
(2)Â
No more than one call shall be made over the police radio or fire
radio network as a result of a single activation of the automatic
protection device.
(3)Â
The time for transmitting each recorded message shall not exceed
15 seconds.
(4)Â
Recorded messages may be repeated during the one call, but the interval
between each recorded message shall be no less than four seconds.
(5)Â
The sensory mechanism used in connection with an automatic protection
device must be adjusted to suppress false indications of intrusion
or fire, so that the device will not be actuated by impulses due to
fleeting pressure changes in water pipes, short flashes of light,
the rattling or vibrations of doors and windows, vibrations to the
premises caused by the passing of vehicles or any other force not
related to genuine alarms.
(6)Â
All components comprising such a device must be maintained by the
owner or lessee in good repair to assure maximum reliability of operation.
(7)Â
Automatic protection device suppliers must conform to the requirements
contained in the National Electrical Code as they pertain to installations,
inspections and testing of such devices as well as any applicable
American National Standards Institute (ANSI) standards.
B.Â
The buyer or lessee of the 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. Such service shall be made available to
any person using an automatic protection device at such user's
expense.
C.Â
The buyer or lessee of the automatic protection device shall obtain
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 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.
D.Â
The buyer or lessee of the automatic protection device shall obtain
a copy of this chapter.
A.Â
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 emergency service dispatcher,
Police Department, and/or Fire Department serving the Township and
to increase the effectiveness of properly functioning automatic protection
devices.
B.Â
Installation of an automatic protection device 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.
C.Â
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.
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 emergency
service dispatcher, Police Department, and/or or Fire 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.
A.Â
Consent to pay costs.
(1)Â
For the purpose of defraying the costs to the Police and/or Fire
Departments of responding to a false alarm, the owner or lessee of
an automatic protection device, persons using the services of intermediaries,
users of audible alarms and users of any other kind of direct or indirect
connection with the police and/or fire communications centers, except
persons using the two-way live voice communication by telephone, shall,
as a condition to installation and continued operation of such equipment
or service, pay the Township for all false alarms following the first
one, according to the fee schedule adopted by the Board of Supervisors
for each false alarm originating from the owner's premises that
has not been activated by some force of nature or means beyond the
owner's, lessee's or user's control.
(2)Â
The Township Manager, Code Enforcement Officer, Township Building
Inspector, Police and/or Fire Departments or any other designated
agent may enforce the costs specified in the fee schedule in accordance
with this section. Any person who fails to pay the costs imposed in
the fee schedule shall, upon conviction thereof in a summary proceeding
brought before a District Justice, be guilty of a summary offense
and shall be subject to the payment of a fine in the amount of the
cost imposed, plus the costs of prosecution. Upon default of payment
thereof, the defendant may be sentenced to imprisonment in the county
prison for a period of not more than 30 days.
B.Â
Any owner, lessee or user of an automatic protection device may revoke
or refuse to consent as set forth herein 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.
A.Â
Any person who violates any provision of this chapter, except § 42-10, False alarms, 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 of payment thereof, the defendant may be sentenced to imprisonment 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 for a term of not more than 30 days.
B.Â
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.