[HISTORY: Adopted by the Board of Supervisors
of the Township of Lower Makefield as indicated in article histories.
Amendments noted where applicable.]
[Adopted 4-22-1985 as Ord. No. 188]
This article shall be known as the "Alarm Ordinance."
The following words shall have the following
definitions with respect to the operation of this article only:
The owners, managers, corporate officers and partners and
their employees directly engaged in selling, installing, servicing,
maintaining or responding to alarm systems within the Township.
The business by any individual, partnership, corporation
or other entity involved in the selling, leasing, maintaining, servicing,
repairing, altering, replacing, moving or installing of 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.
Any assemblage of any equipment, mechanical or electrical,
arranged to signal the occurrence of an entry into a building or structure
or other activity requiring urgent attention and to which police and
fire personnel are expected to respond.
The person, firm, partnership, association, corporation,
company or organization of any kind in control of premises wherein
an alarm system is maintained.
A device which is interconnected to a telephone line and
is programmed to transmit by voice message or code signal to designated
trunk line (selected telephone number other than a primary trunk line)
indicating a need for emergency response.
The facility used to receive emergency information from the
public to be dispatched to the respective Police Department and Fire
Company.
The individual or agency designated by the Township to issue
permits and enforce the provisions of this article or his or her designated
representative.
A telephone line or lines serving the Bureau of Emergency
Communications that is designated to receive calls from automatic
dialing devices.
An emergency alarm activated by inadvertence, negligence,
intentional or unintentional acts to which the Township Police or
Fire Department responds, which shall include the malfunctioning of
the alarm system. The definition excludes alarms caused by: malfunctions
of the indicator at the central alarm station, malfunction, testing
or repairing of telephone equipment or lines, acts of God, such as
earthquake, flood, windstorm, thunder or lightning, an attempted illegal
entry of which there is visible evidence and the user acting under
a sincere belief that a need exists to call the Police or Fire Department.
If a doubt exists as to the cause of a false alarm the coordinator
shall resolve it in favor of the alarm user. NOTE: Multiple alarms
received by the Bureau of Emergency Communications before the system
can be deactivated or repaired within a reasonable period of time
shall be considered a single alarm.
To connect an alarm system including an automatic dialing
device to a telephone line, either directly or through a mechanical
device that utilizes a telephone for the purpose of using the telephone
line to transmit a message upon the activation of the alarm system.
Any alarm business, individual, firm, partnership, corporation,
association, company or organization who monitors alarm calls or signals
through a central alarm terminal, answering service or other monitoring
device.
A telephone line or lines serving the Bureau of Emergency
Communications that is designated to receive emergency calls.
All alarm businesses must first obtain a license
from the Township before conducting any business or providing any
type of service in Lower Makefield Township pursuant to the following
requirements:
A.
Application for license by alarm business. Any entity
engaging in an alarm business located in the Township of Lower Makefield
or conducting alarm business within the boundaries of Lower Makefield
Township shall, within 30 days after the effective date of this article,
apply to the alarm coordinator for a license to conduct their business
on a form to be furnished by the Township. A copy of the application
shall be transmitted to the Police Chief. Any entity that sells only
those alarm systems excluded from the definition of an alarm system
pursuant to § 70-2B of this article are not required to
obtain a license under this section. Any required application shall
be signed by the individual proprietor of such business or by a partner
or by the proper corporate official, as is appropriate, and the application
shall include:
(1)
The name, address and telephone number of the alarm
business and the type of business organization (individual, partnership,
or corporation). If the business is an individual proprietorship or
partnership, the name, address and the individual telephone number
of each principal or partner (general, limited, etc.); if a corporation,
the names and addresses of the directors, principal officers and stockholders
(any stockholder holding more than 20% of the corporation's authorized
and issued stock) and the state where incorporated.
(2)
A certification that within 90 days after the effective
date of this article or upon receipt of notice of approval of a license
application, whichever date occurs later, a complete list of the names
and addresses of all persons in the Township to whom or for whom alarm
systems have been sold and/or who are currently under contract to
the alarm business for services on or after the effective date of
this article. This list shall be delivered to the alarm coordinator
and shall be updated monthly. This information shall be classified
as confidential information and shall only be used by the alarm coordinator
for the purpose of identifying alarms and locations for means of control.
(3)
A complete list of criminal convictions, if any, except
for minor traffic offenses of each partner, officer or local officer
manager, if the applicant is other than an individual.
C.
Applicants already doing business in the Township
on the effective date of this article may continue to do business
while their license applications are being processed. An applicant
not previously doing business in the Township on the effective date
of this article shall not commence doing business until his application
is approved.
D.
All alarm businesses, individuals, partnerships, corporations
or other entity involved in the 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, shall submit with their license application
an insurance certificate in the minimum amount of $300,000 for workers'
compensation, general liability for personal injuries and property
damage along with the application.
A.
The coordinator shall cause a report on the applicant
to be prepared based on the information contained in the application
together with such other relevant information as may be obtained pertaining
to the applicant and his business.
B.
On the basis of this report, the coordinator shall
within 60 days after the receipt of an application for an alarm business
license either approve or deny the issuance of a license. Upon making
a decision, he shall:
(1)
In the case of approval, notify the applicant, in
writing, of the approval and inform him to appear and receive the
license to operate.
(2)
In the case of denial, notify the applicant, in writing,
of the denial and of the basis for denial. If the basis for the denial
can be corrected, the notice shall so state and shall explain how
these corrections may be made and set a reasonable time limit for
making such corrections. If the reasons for denial cannot be corrected
or if the applicant desires to appeal, the procedure for appeal shall
be as follows:
(a)
Within 10 days after receipt of the notice of
denial, the applicant shall file a notice of appeal with the coordinator
stating the basis of the appeal.
(b)
Within 10 days after receipt of the notice of
appeal, the coordinator shall arrange for a conference with the applicant
and the police chief to attempt to reach an agreement concerning the
appeal.
(c)
If the conference fails to settle the matter
in a way acceptable to the applicant, arrangements shall be made to
have the appeal heard before the hearing officer who shall be the
Township Manager or his designated representative. Such hearing shall
be held not less than 10 days nor more than 21 days after the conference.
The coordinator shall cause the applicant to be given notice of the
hearing by regular mail at least 10 days in advance of the date of
the hearing and it shall be sent to the address noted on the application.
The Township Manager or his representative shall render a decision
within 5 days of the hearing. If the applicant is still dissatisfied,
the applicant may appeal to the Board of Supervisors, in writing,
within 10 days of the notice received from the Township Manager. A
hearing shall be scheduled within 30 days of the notice of appeal.
(d)
The applicant may appear before the Board of
Supervisors and the applicant or his designated representative may
present his appeal. The Board of Supervisors shall rule on the appeal
within 20 days after it is heard, and such ruling shall be final.
A.
The alarm business license shall be for a calendar
year 12 months and shall be valid from the month issued to the same
month in the preceding year.
B.
The alarm coordinator shall notify all licensed alarm businesses 30 days in advance of the expiration date of their license. Those alarm businesses that fail to renew their license by the expiration date and continue to do business in Lower Makefield Township shall be considered as unlicensed alarm business and shall be subject under § 70-12A.
C.
No refund of license fees shall be made.
A.
In addition to any penalties which may be imposed
for the violation of certain provisions of this article, the Township
may, pursuant to the provisions of this section, revoke the license
of an alarm business on any of the following grounds:
(1)
Fraud or willful and knowing misrepresentation or
false statement made in an application for a license.
(2)
Fraud or willful and knowing misrepresentation or
false statement made in the conduct of an alarm business.
(3)
Failure to correct any deficiencies in equipment or
operation within 30 days after receipt of notice of same from the
coordinator or within a reasonable time if the deficiencies cannot
be corrected within the said 30 days. The coordinator shall have the
sole discretion of determining what is a reasonable time.
(4)
Failure to comply within a reasonable time with any
order or notice issued by the coordinator after the licensee's rights
to hearing and appeal have been exhausted or failure after reasonable
notice to permit the coordinator to inspect any lists which he is
authorized to inspect under this article or failure to comply with
the standards imposed by this article within a reasonable time, not
less than 30 days after notice or order from the coordinator.
B.
No alarm business license shall be revoked until a
hearing is held by the hearing officer. Written notice of the time
and place of the hearing shall be served on the holder of the license
at least 10 days before the date set for the hearing. The notice shall
set forth a summary of the grounds advanced as the basis for the revocation
of the license.
C.
At the hearing before the hearing officer, the holder
of the license or his authorized representative shall be given an
opportunity to confront and examine any adverse witness and to present
evidence on his own behalf. After the hearing the hearing officer
shall either dismiss the complaint or shall forward the complaint
to the Township Board of Supervisors with his recommendation that
the license be revoked. The Board of Supervisors shall hold a hearing
on the appeal within 45 days after its receipt by the Township and
shall cause the appellant to be given at least 10 days' written notice
of such hearing. At the hearing the appellant or his authorized representative
shall have the right to present a written or oral argument, or both,
in support of his appeal. The determination of the Board of Supervisors
on the appeal shall be final.
D.
Within 10 days after an alarm business receives notice of revocation of its license, or after it has exhausted all appeals with respect to such revocation of its license, it shall notify all persons for whom it is required to maintain a list pursuant to § 70-3A(2) of this article of such revocation, and the notice shall advise such persons that the alarm business must cease providing service for or selling alarm systems to such persons within 30 days after they receive notice of revocation. For the purposes of this section, any alarm business other than a central station, modified central station or telephone answering service may satisfy the notice requirement by placing an advertisement in a newspaper published in the geographic areas in which its customers are located, which advertisement shall be in a form prescribed by the coordinator. Such advertisement shall appear at least one day a week for three successive weeks. When the notice required by this subsection has been completed the alarm business shall submit a sworn certificate to the coordinator that it has met the requirements of this paragraph.
A.
Every alarm agent employed by an alarm business located
in the Township of Lower Makefield or those alarm businesses that
conduct their business within the boundaries of Lower Makefield shall
be required to obtain an identification card from the coordinator.
Until the coordinator acts upon the application of an alarm agent
for an identification card, he shall have the authority to issue a
temporary identification card and shall complete his investigation
30 days and issue a permanent identification card if the applicant
meets the requirements under this article. The owners, managers, corporate
officers and partners of all alarm businesses are also required to
obtain identification cards from the coordinator if they directly
engage in selling, installing, servicing, maintaining or responding
to alarm systems within the Township. Any person who is directly employed
by a licensed alarm business in Lower Makefield Township as a secretary,
a monitor of equipment or alarm calls or who has access to confidential
information of an alarm user, must obtain an identification card within
30 days of this article. The application for the identification card
shall be in a form prescribed by the coordinator and shall include
the following:
(1)
The applicant's full name and any aliases or other
names previously used, residence and business addresses and telephone
numbers.
(2)
The applicant's date and place of birth.
(3)
A list of all felony and misdemeanor convictions of
the applicant.
(4)
Two classifiable sets of fingerprints.
(5)
Two recent photographs of the applicant of a type
prescribed by the coordinator (Passport photos).
(6)
The name and address of the alarm business where the
applicant is or will be employed and date of employment.
(7)
The applicant's employment record for the prior three
years.
(8)
A statement that the applicant will inform the coordinator
of any change in the above information or the termination of the applicant's
employment by the alarm business within 10 days of such change.
(9)
Any other information which the coordinator may deem
necessary to determine whether the applicant for an identification
card meets the requirements of this article.
B.
The temporary or permanent identification card required
by this section shall be carried by a person required to obtain an
identification card whenever such person is engaged in the business
of the licensee and shall be exhibited at the demand of any lawful
authority.
A.
The coordinator shall cause a report on the applicant
to be prepared based on the information contained in any application
together with such other relevant information as may be obtained pertaining
to the applicant. No identification card shall be issued if:
B.
If the application is approved the coordinator shall
cause an identification card to be issued to the applicant.
C.
If an application is denied the coordinator shall notify the applicant, in writing, of the denial and of the basis for the denial. The notice of denial shall inform the applicant that he may appeal the denial and set forth the procedure for appeal. The procedure for appeal shall be the same as set forth in § 70-4B(2).
A.
Every alarm business selling, leasing or furnishing
to any user an alarm system which is installed on premises located
within Lower Makefield Township shall furnish that user with written
instructions that provide information to enable the user to operate
the alarm system properly and to locate and obtain service for the
alarm system at any time.
B.
Every alarm business selling, leasing or furnishing
to any user an alarm system which is installed on premises located
in Lower Makefield Township shall:
(1)
Require that each alarm system installed be provided
with standby battery power which shall automatically and immediately
take over in the event of a power failure.
(2)
Be required to provide an automatic audible alarm
cutoff within 15 minutes of the activation of the audible alarms connected
to any alarm system. Exception: Underwriters Laboratory Certified
Systems shall be 30 minutes; fire alarm systems shall be exempt.
(3)
Be required to notify the central alarm station that
provides service for that particular system prior to conducting any
test upon any alarm system whereupon such test would cause emergency
information to be received by the Lower Makefield Township Police
Department or the appropriate Fire Company.
C.
Any alarm business, selling, leasing or furnishing
to any user, an alarm system which is installed on premises located
within Lower Makefield Township, shall not use any interconnect, primary
trunk line, automatic dialing device or designated trunk lines to
transmit any alarm signal to the Lower Makefield Township Police Department
or to the Bucks County Emergency Communications Center. All alarm
systems installed or utilized in Lower Makefield Township that are
equipped to transmit a signal by telephone line shall direct that
signal to a central monitoring station.
D.
All users of alarm systems using an automatic dialing
device for the purpose of transmitting an emergency message to the
Bucks County Emergency Communications Center shall have until July
1, 1986, to remove the automatic dialers from the designated telephone
lines of the Lower Makefield Township Police Department.
E.
Alarm systems that are not equipped to send a signal other than a local audible signal shall be acceptable, but the user shall be subject to § 70-10 and all other provisions of this article that pertain to false alarms.
F.
All alarm users shall obtain an alarm user's permit
for each premise from the coordinator's office upon the effective
date of this article or prior to use of an alarm system. An application
for the alarm user's permit and a fee, to be determined by the Board
of Supervisors from time to time by resolution,[1] will be filed with the coordinator's office. Each alarm
permit shall be valid for the life of the alarm system or until the
premise where such alarm is located is sold. It shall be the responsibility
of the new owner to make application for a new permit.
G.
A residential alarm user who is 65 years or older
and is the primary resident of the residence and if no business is
conducted in the residence may obtain a user's permit from the coordinator's
office without the payment of a user's fee.
A.
Any alarm system which has more than two false alarms within a permit year shall be subjected to penalties and provisions as provided under § 70-12.
B.
If the Lower Makefield Township Police Department or the appropriate Fire Company records indicate more than two false alarms within a permit year for any alarm system, the alarm coordinator shall notify the alarm user that a false alarm has been recorded and that any subsequent false alarms shall result in a fine under § 70-12. It shall be the responsibility of the alarm user to notify the alarm company to make repairs to reduce and eliminate false alarms.
A.
It shall be the responsibility and authority of the
coordinator or his designated agent to enforce all violations of this
article, and for the purposes of this article only, the coordinator
or his agent shall have the express authority to take whatever action
is necessary including the filing of criminal proceedings where appropriate.
B.
The coordinator or his designated agent, in lieu of
filing a citation or commencing any other proceedings against any
person violating the provisions of this article may, provide the opportunity
to any offender to pay a fee of $25. The coordinator and/or his designated
agent shall adopt such rules and regulations as are appropriate related
to notice to potential violators of their option to pay a fee in lieu
of the Township proceeding with a prosecution.
[Added 5-4-1992 by Ord. No. 275]
[Amended 5-4-1992 by Ord. No. 275]
A.
Any alarm businesses, individual, partnership, corporation or other entity, 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 without first obtaining the proper licenses as provided in § 70-3 shall be sentenced, if convicted, to a fine not more than $1,000 and costs of prosecution and reasonable attorney's fees.
[Amended 10-21-1996 by Ord. No. 305]
B.
Any alarm user, whether person, firm, partnership, association, corporation, company or organization of any kind in control of a premises wherein an alarm system is maintained, violating § 70-10, shall be sentenced, if convicted, to a fine of not more than $1,000 and costs of prosecution and reasonable attorney's fees.
[Amended 10-21-1996 by Ord. No. 305]
D.
Any user of an alarm system using an automatic dialer device for the purpose of transmitting emergency messages to the Bucks County Emergency Communications Center, failing to remove such dialers from a primary trunk line or a designated trunk line as spelled out in § 70-2, Definitions, shall be sentenced, if convicted, to a fine of not more than $1,000 and costs of prosecution and reasonable attorney's fees for each day of violation.
[Amended 10-21-1996 by Ord. No. 305]
E.
The jurisdiction for the imposition of the several
penalties referred to in this section shall be with the District Justice
who shall have jurisdiction over Lower Makefield Township.
F.
If the defendant neither pays nor timely appeals the
judgment, the Township may enforce the judgment pursuant to the applicable
rules of civil procedure.
[Added 10-21-1996 by Ord.
No. 305]
All permits and forms required shall be prepared
in accordance with the terms and conditions of this article.
[Adopted 12-6-2023 by Ord. No. 444]
As used in this article, the following terms shall have the
meanings indicated:
Any device designed to automatically suppress or prevent
a fire, medical, or other similar emergency and shall include, but
not be limited to, smoke detectors, heat detectors, automatic sprinkler
system devices, range hood suppression systems, combustible or toxic
gas detectors, and all system components of the above.
Any signal activated by an automatic protection device, any
audible alarm, or any kind of direct or indirect signal which results
in the subsequent dispatch by Bucks County 911 of the fire company
to the alarm location that is not the result of a fire or other similar
emergency. Circumstances caused by weather extremes and/or utility
interruptions shall not constitute a false fire alarm under this article.
A false alarm shall include, but not be limited to, any signal
activated directly or indirectly resulting from the maintenance being
performed on any system described above or any component of any automatic
protection device.
Single-station or interconnected, hard-wired and battery-operated
residential smoke and heat detectors, gas alarms, carbon monoxide
alarms, and local/proprietary commercial fire alarm systems which
only directly alert the occupants of the premises are specifically
exempted from the provisions of this article.
A.
It shall be unlawful for the property owner, lessee or any person
occupying or otherwise on any premises protected by an automatic protection
device within Lower Makefield Township to make or cause to be made
a false fire alarm, directly or indirectly, to any fire company or
emergency services provider responding to alarms within the Township
when the false fire alarm is caused by faulty detection or alarm equipment,
or by the negligence of said property owner, lessee or person.
B.
Fire alarms which are activated inadvertently, accidentally and/or
as the result of work on or around the automatic protection device
shall not be exempt from the enforcement provisions of this article.
A.
The status of an alarm is to be determined by the fire company officer
in charge at the time of the alarm and response or Fire Marshal.
B.
Service fees for commercial and residential false fire alarms shall
be assessed from the adopted Township fee schedule in accordance with
the following tiers:
(1)
First and second false fire alarm in any one calendar year for both
commercial and residential properties shall be subject to a written
warning from the Fire Marshal, detailing the dates, times, and extent
of the alarm. The written warning shall also explain this article
and the fines that could occur if failure to properly maintain the
automatic protection device or take such other appropriate action
to prevent successive false fire alarms.
(2)
Third false fire alarm in any one calendar year shall be subject
to a service fee and/or legal action by the Township.
(3)
Fourth false fire alarm in any one calendar year shall be subject
to a service fee greater than the third false fire alarm fee and/or
legal action by the Township.
(4)
Fifth and subsequent false fire alarms in any one calendar year shall
be subject to a service fee greater than the fourth false fire alarm
fee and/or legal action by the Township.
A.
In the event a violation of this article occurs, in addition to such
other remedies as may be available under existing law, the Township
may institute an action in equity to prevent, restrain, correct, abate,
or rejoin such violation.
B.
Any person, whether as principal or agent, who violates this article
or assists or abets its violations shall, upon conviction thereof
before any Magistrate, be sentenced to pay a fine of not less than
$100, nor more than $500, together with the costs of prosecution or
other court of competent jurisdiction.
C.
For the purposes of this article, the responsibility for the activation
shall rest with the property owner of the premises from which the
false fire alarm originated.
The officers of the fire company and/or agency agree that in
support of enforcement of the provisions of this article, they will
agree to appear in court as necessary, provided that reasonable accommodations
and/or notice be made to allow for their work schedules.
The provisions of this article are declared to be severable.
If any provision of this article is declared by a court of competent
jurisdiction to be invalid or unconstitutional, such determination
shall have no effect on the remaining provisions of this article or
on the provisions of the Code of Ordinances of Lower Makefield Township.
