[HISTORY: Adopted by the Board of Supervisors
of the Township of East Hempfield by Ord. No. 9-18-1991. Amendments noted where applicable.]
As used in this chapter, the following words,
terms and phrases shall have the following meanings, unless it is
apparent from the context that a different meaning is intended:
Any person who is self-employed in or employed by an alarm
business, either directly or indirectly, whose duties include any
of the following: selling, maintaining, leasing, servicing, repairing,
altering, replacing, moving or installing on or in any building, structure
or facility any automatic protection device. Exemption: This definition
does not include a person who engages in the manufacture or sale of
an automatic protection device from a fixed location and who neither
visits the location where the automatic protection device is to be
installed nor designs the scheme for physical location and installation
of the automatic protection device at or in a specific location.
Any business operated by any individual, including a person
self-employed, partnership, corporation or other entity of selling,
leasing, maintaining, servicing, repairing, altering, replacing, moving
or installing any automatic protection device or causing to be sold,
leased, maintained, serviced, repaired, altered, replaced, moved or
installed any automatic protection device in or on any building, structure
or facility, or employing alarm agent(s). Exemption: this definition
does not include a person who engages in the manufacture or sale of
an automatic protection device from a fixed location and who neither
visits the location where the automatic protection device is to be
installed nor designs the scheme for physical location and installation
of the automatic protection device at or in a specific location.
Any person, firm or corporation who or which files an application
for a new or renewal permit as provided in this chapter.
Any alarm system or mechanical or electrically operated instrument
composed of sensory apparatus and related hardware which is designed
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.
The detection of a hazardous condition resulting
from fire, heat, smoke or explosion within a building, structure or
facility 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 communications centers and proprietor alarms. Automatic
protection devices may be referred to in this chapter as APDs. Exemption:
the following devices shall not be included under the definition of
APDs:
Devices which are not designed or used to register
alarms that are audible, visible or perceptible outside of the protected
building, structure or facility, such as those systems designed for
the detection of equipment malfunctions.
Devices which are designed for and installed
upon motorized vehicles or trailers.
Devices maintained and operated by the East
Hempfield Township Police Department used for the detection of unlawful
acts and known as "portable stake-out alarm systems."
Period between January 1 and December 31.
The communications room in the Police Department or that
of the Lancaster County Fire and Police Radio Network and other rooms
which house auxiliary communications equipment.
A sudden or unforeseen situation involving potential danger
to one or more people or structures and which reasonably requires
the attention of a police officer or fireman.
An activation of an APD signal necessitating response by
the East Hempfield Township Police Department or Fire Department where
an emergency situation does not exist. The term does not include alarms
caused by hurricanes, tornadoes, earthquakes or other violent acts
or acts of nature.
One or several fire chiefs of the Fire Department of Rohrerstown,
Hempfield or East Petersburg, respectively.[1]
One or several of the Fire Departments of Rohrerstown, Hempfield
and East Petersburg.[2]
A written notice, given by personal service upon the addressee
or given by United States Mail, postage prepaid, addressed to the
person to be notified at his last known address, return receipt requested.
Service of such notice shall be effective upon the completion of personal
service or upon delivery by the United States Postal Service.
Written permission, duly granted to the applicant by the
Chief of Police upon the payment of the required fee.
Any person, firm, partnership, association, corporation,
company or organization who or which shall be granted a permit as
provided herein and his or its agents and representatives.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Chief of Police of the East Hempfield Township Police
Department or his designated representatives.
The Police Department of the Township of East Hempfield.
Any APD which sounds within the protected premises or control
center under the supervision of the proprietor of the protected building,
structure or facility. If police or fire response is expected or is
a result of that proprietary alarm signal or message, it thereby becomes
an APD as defined by this chapter.
A fee charged a permittee for each and every false alarm
activation in excess of two in any calendar year to which the Police
or Fire Department respond.
A written notice advising of a response assessment fee.
A person who has an APD installed on real estate in which
the person has an interest or who has applied for the installation
of an APD or who is the user of an APD.
A.Â
Business permit required. It is unlawful for any person
to engage in, conduct or carry on an alarm business at any time within
the limits of the Township of East Hempfield without first applying
for, receiving and maintaining an alarm business permit in accordance
with the provision of this chapter.
B.Â
Agent identification required. It is unlawful for
any person to engage in or conduct business or operate as an alarm
agent at any time within the limits of the Township of East Hempfield
unless connected with and carrying identification from a business
issued a business permit in accordance with the provisions of this
chapter. Agent identification must be carried at all times while engaging
in alarm business activities and must be displayed to any police officer
or Fire Chief within his respective jurisdiction upon request.
C.Â
Alarm subscriber permit required. It is unlawful for
any person to use an APD at any time within the limits of the Township
of East Hempfield without first applying for, receiving and maintaining
an alarm subscriber permit in accordance with the provisions of this
chapter and to have that permit on the premises where the system is
located and to produce such permit to any police officer or Fire Chief
within his respective jurisdiction upon request.
D.Â
Testing prohibited without permission. It is unlawful
for any person to conduct any test or demonstration of any APD designed
to make a direct connection to the Police and Fire Communications
Center at any time within the limits of East Hempfield Township without
first obtaining permission from the Police or Fire Department. 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 or Fire Department by any means.
E.Â
Automatic dialing device. It is unlawful for any person
to authorize or interconnect an automatic dialing device to a communications
center telephone line not designated for such connections or to connect
an automatic dialing device to any East Hempfield Township telephone
line.
F.Â
Altering permit. It is unlawful for any person to
modify, alter or change a permit or have in his or her possession
a permit which has been modified, altered or changed, except for personnel
of the Police Department in implementing or enforcing the provisions
of this chapter.
B.Â
To obtain a permit individuals or persons must complete
a written application which shall contain such information as is reasonably
required by the East Hempfield Township Police Department. Applications
for renewal of permits will be processed in the same manner as initial
applications.
C.Â
Applicants shall agree as a condition for receiving
and keeping permits to notify the Police Department, in writing, within
10 days of any changes in the application currently on file, i.e.,
ownership, management or persons, to be notified in the event of an
alarm activation.
D.Â
Applicants for business permits shall agree in writing
and as condition for receiving and keeping permits to do the following:
(1)Â
To notify the Police Department within 10 days of
any substantial change affecting the status or validity of their permit.
(2)Â
To issue to all alarm agents connected with or in
the employ of the business identification cards containing as a minimum:
(3)Â
To supply the Police Department and the appropriate
fire department with a complete list of the names and addresses of
all persons within the Township of East Hempfield to whom or for whom
APD systems have been sold or installed or who are currently under
contract for service to such a system.
E.Â
Following the completion of the application and payment of the appropriate fee as indicated in § 100-4 below, the Police Department shall have 15 working days to investigate the applicant, process the application and to grant or deny a permit.
F.Â
Permits to any applicant shall be denied if:
(1)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.
(2)Â
The applicant has knowingly made any false, misleading
or fraudulent statement in the application or in any report or record
required to be filed with the Township.
(3)Â
The applicant fails to pay all due or past due response
assessment fees, fines, costs or other charges owed which were related
to any previously issued permit(s).
G.Â
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 will be so advised with suggestions on how these corrections can be made and what time limit has been set for making said corrections. The notice of denial shall inform the applicant that appeals may be made in the manner outlined in § 100-5 of this chapter.
H.Â
When an application for any permit is approved, the
Chief of Police or his designated representatives are authorized to
sign and issue the appropriate permit.
A.Â
Alarm business permit. An annual fee, as established
from time to time by resolution of the Board of Supervisors, is due
and payable by January 1 of each year. No proration is permitted of
the initial fee, even though applied for and approved after January
1. All existing business permits which are valid as of the effective
date of this chapter shall remain valid through December 31, 1991.[1]
B.Â
Alarm subscriber permit. A fee, as established from
time to time by resolution of the Board of Supervisors, for a maximum
three-year period to expire December 31 of a calendar year. No proration
of the permit for the first year is permitted. All existing alarm
subscriber permits which are valid as of the effective date of this
chapter shall remain valid through December 31 of the assigned year
of such permit expiration.[2]
D.Â
Response assessment fees. A response assessment fee
shall be due and payable within 10 days following receipt of the written
notice of a false alarm, unless extended for cause by the Chief of
Police.
(2)Â
Waiver. Payment of a response assessment fee may be
waived by the Chief of Police upon written notification by the permittee
and verification by the Chief of Police that such false alarm was
caused by an act of nature or, as to an APD which has been installed
or modified within 30 days prior to the false alarm, where the Chief
of Police concludes that the false alarm resulted from good faith
user familiarization process or the process of adjustment of mechanical
malfunctions.
E.Â
Exemption from fees.
(1)Â
The United States government, the Commonwealth of
Pennsylvania, the County of Lancaster, municipal corporations, departments
thereof and other governmental entities are exempt from fees required
in this chapter.
(2)Â
A residential APD subscriber who is over the age of
65 and is the primary resident of the residence, if no business is
conducted in the residence, may obtain a subscriber's permit from
the Police Department according to this chapter without a payment
of a fee. Such a permittee is not exempted from response assessment
fees.
A.Â
Any person aggrieved by denial of an application for
a permit or renewal of a permit shall have the right to appeal.
B.Â
An appeal must be filed within 10 days after receipt
of a notice from the Chief of Police by filing with the Township a
letter of appeal briefly stating therein the basis for the appeal,
together with a filing and processing fee in an amount as established
from time to time by resolution of the Board of Supervisors.[1]
C.Â
Failure to file a letter of appeal within said 10
days shall constitute a waiver of applicant's right to a hearing;
however, the Supervisors may nevertheless grant such a hearing, in
their sole discretion, upon applicant showing good cause for the delay.
D.Â
A hearing before the Township Supervisors shall be
scheduled for a date no greater than 30 days after receipt of the
letter of appeal. At least five days' advance notice of the time and
date of the hearing shall be sent to the applicant.
E.Â
At the hearing, the Supervisors, 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
of Police 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 of Police.
F.Â
The hearing may be recorded by tape or other mechanical
means. A brief summary of the evidence considered, findings of fact
and final decision reached by the Supervisors shall be prepared. The
decision of the Supervisors shall be binding on all parties.
A.Â
Enforcement and administration of this chapter shall
be the responsibility of the Police Department through the authority
of the Chief of Police or his designated representatives.
B.Â
The Police Chief may promulgate such rules as are
necessary for administration and enforcement of this chapter. Any
such rules promulgated shall be approved by the Township Supervisors
and shall be available for public inspection.
C.Â
Where an APD which is directly connected to a communications
center is activated and continues to transmit a signal, either through
malfunction or defect in the system, the Police and Fire Departments
are authorized to disconnect the APD until such time as repairs are
made.
In addition to any criteria set forth in the
rules of the Police Chief promulgated under the terms of this chapter,
all APDs installed or modified on or after the effective date of this
chapter shall have a backup power source sufficient to prevent the
issuance of a false alarm resulting from a power outage lasting 180
seconds or less.
Where the Police or Fire Department disconnects
an APD, no liability shall incur to the Township or its employees
through such action.
The information furnished and secured pursuant
to the chapter shall be confidential in character and shall not, to
the extent permitted by law, be subject to public inspection and shall
be kept so that the contents thereof shall not be known, except to
persons charged with the administration of this chapter.
A.Â
Any person, firm or corporation who shall violate
any provision of this chapter, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this chapter continues or each section of this chapter
which shall be found to have been violated shall constitute a separate
offense.
B.Â
The payment of any fees required shall not prohibit
implementation of the above penalties.
