[HISTORY: Adopted by the Board of Supervisors
of the Township of Uwchlan 9-12-1994 by Ord. No. 94-12. Amendments noted where
applicable.]
GENERAL REFERENCES
Noise — See Ch. 166.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
The business by an individual, partnership, corporation or
other entity of selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving, monitoring or installing any alarm system
or causing any alarm system to be sold, leased, maintained, serviced,
repaired, altered, replaced, moved, installed or monitored in or on
any building, structure or other facility.
Any assembly of equipment, mechanical, electrical or battery-operated,
arranged to signal the occurrence of a police, fire, hazard, or medical
emergency requiring immediate attention and to which police or fire
units are expected to respond.
A service whereby trained employees, in attendance at all
times, receive prerecorded voice messages from automatic dialing devices
reporting an emergency at a stated location, where such employees
have the duty to relay immediately by live voice any such emergency
message over a trunk line to the communications center of the Police
or Fire Department.
Any device, bell, horn or siren which is attached to the
interior and/or exterior of a building, structure or facility and
emits a warning signal which is audible outside the building, structure
or facility and is designed to attract attention when activated by
a criminal act or other emergency requiring Police or Fire Department
response.
A device which is interconnected to a telephone line and
is programmed to transmit a signal by a voice coded message that indicates
that an emergency condition exists and the need for an emergency response
is required.
A protective system or group of such systems operated privately
for customers by a person, firm or corporation which accepts recorded
messages from automatic dialing devices at a central station having
operators and guards in attendance at all times who have the duty
to take appropriate action upon receipt of a signal or message, including
the relaying of messages to the communications center of the Police
or Fire Department.
An individual/designee named by and accountable directly
and solely to the Chief of Police.
A police, fire, hazard, or medical emergency.
An alarm(s) activated in the absence of an emergency,
whether willfully or by in advertence, negligence, or an unintentional
act, including the malfunction of the alarm system, to which the Uwchlan
Township Police Department responds. The definition excludes alarm(s)
caused by malfunctions of the Chester County Department of Emergency
Services receiving equipment if such alarm is directly connected to
the alarm board; testing or repairing of telephone or electrical lines
or equipment outside the premises; acts of God, such an earthquake,
flood, windstorm, thunder, or lightning; an attempted illegal entry
of which there is visible evidence; a crime in progress; or, in the
case of an emergency medical alarm, an actual medical emergency requiring
police, fire and/or medical personnel. If doubt exists as to the cause
of the false alarm, the Chief of Police or his designee shall have
and make the final decision regarding the circumstances of the activation.
Multiple alarms received by the Police Department
before the system can be deactivated within a reasonable period of
time shall be considered a single alarm.
The definition of a false alarm(s) also includes
the intentional activation of a holdup alarm for other than a holdup
in progress, the intentional activation of a burglary alarm for other
than a burglary, the activation of a medical alarm for other than
a medical emergency, or the intentional activation of a fire alarm
for other than a fire or hazard.
Any fire department, ambulance or rescue unit providing services
within Uwchlan Township.
A fire.
An explosion, leak of toxic gas, liquid or solid, or a potential
explosion or leak.
A central station protective system or answering service
as herein defined.
To use a telephone line and equipment for transmitting a
message either directly or indirectly by an automatic dialing device.
An emergency involving the health of a person.
Written permission duly granted to an applicant by the Township
upon payment of the required fee.
The Uwchlan Township Police Department.
An incident requiring prompt response by the Police Department.
The police and fire communications area and other facilities
which house communications equipment and the police radio dispatcher.
The administrative head of the Uwchlan Township Police Department.
The Township of Uwchlan, Chester County, Pennsylvania.
A telephone line leading into the communications centers
of the Police and Fire Departments that is for the purpose of handling
calls on a person-to-person basis and which is identified by a specific
listing among the white pages in the telephone directory issued by
the telephone company.
On and after the effective date of this chapter,
owners or users of audible alarms must equip such audible alarms with
a timing mechanism that will disengage the audible alarm after a maximum
of 15 minutes. Audible alarms without such a timing mechanism shall
be unlawful in the Township and must be disconnected by the owner
or user within 60 days from the effective date of this chapter.
On and after the effective date of this chapter,
all automatic dialing devices that transmit recorded messages directly
to the Police Department or Fire Department shall be keyed to the
Chester County Department of Emergency Services Radio Room, only with
its prior approval.
A.
Within 90 days from the effective date of this chapter,
every alarm supplier who has installed an alarm system in the Township,
fire, burglar or other, shall furnish to the Police Department the
following information:
(1)
The name, residence and telephone number of the owner
or user.
(2)
The address where the device is installed and the
telephone number at that address.
(3)
The name, address and the telephone number(s) of 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 other person
or supplier who is responsible for maintenance and repair of the system.
(5)
The type of system, i.e., holdup, burglary, fire or
medical emergency.
B.
Users of alarm system devices whose devices were installed prior to the effective date of this chapter shall, within 60 days after such enactment, supply the Uwchlan Police Department with the information specified in Subsection A(4).
C.
All information furnished pursuant to this section
shall be kept confidential and shall be for the authorized use of
the Department of Emergency Services and of the Police Department
or its authorized agent.
A.
On and after the effective date of this chapter, no
one except an alarm supplier holding a valid license from the Township
shall sell, install, service or monitor any alarm within the Township.
B.
The coordinator shall issue an alarm supplier's license to an alarm supplier meeting the requirements of this § 82-5 upon the filing of the required application and payment of a fee. The fee structure is as follows: Any alarm supplier who applies for a first-time license, prior to June 30 of that calendar year, shall be required to pay the full fee. However, any first-time applications being submitted after June 30 shall be required to pay 1/2 of the fee. Each license shall bear the signature of the Coordinator and be renewed annually. A copy of the license shall be displayed at each location and shall be made available for inspection upon request by the Chief of Police or by the Coordinator.
C.
Each alarm supplier that installs one or more alarm
system(s) in the Township shall make service available directly or
through an agent on a twenty-four-hours-per-day basis, seven days
a week, to repair such devices and to correct malfunctions as they
occur. Any person using an alarm system shall make arrangements for
service to be available for such device on a twenty-four-hours-per-day,
seven-days-per-week basis.
D.
No corporation, sole proprietor, partner, joint venture,
trustee, executor, administrator, employee, fiduciary or stockholder
with a five-percent or greater interest in a corporation (except a
corporation whose stock is publicly traded and registered with the
Securities and Exchange Commission or with a state securities commission)
applying for a license shall have been convicted of a felony or pleaded
nolo contendere to a felony charge or indictment. Applicant must furnish
a criminal history from the State of Pennsylvania with his application.
E.
The applicant shall furnish an insurance certificate
annually confirming that the applicant has in force general liability
insurance coverage in an amount of not less than $300,000 for each
occurrence. An applicant who self-insures such coverage shall furnish
evidence of financial ability by showing that he is bonded for at
least $300,000 or by a suitable letter of financial responsibility,
providing that the letter is acceptable to the Township.
F.
A licensee shall pay an annual license fee as set from time to time by resolution of the Board of Supervisors. Except as specified in Subsection B, the annual fee is to be paid no later than the last day of February in each calendar year.
[Amended 3-24-1997 by Ord. No. 97-5[1]]
(1)
No alarm supplier's license shall be required:
(2)
A license may be revoked or renewal denied if:
(a)
The licensee fails to meet the requirements
necessary to obtain a license;
(b)
The license fee is not paid;
(c)
The Chief of Police or his designee has reason
to believe the licensee's installations are the cause of false alarms;
(d)
Licensee fails to provide emergency service
as required by this chapter; or
(e)
Licensee fails to provide updated listing of
current customers.
(3)
Any licensee who fails to met the requirements as stated in Subsection F, upon conviction, shall be subject to a criminal fine not to exceed $1,000, together with the cost of prosecution and reasonable attorneys' fees. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Enforcement of this section shall be by action brought before a Magisterial District Judge in the same manner provided for the enforcement of a summary offense under the Pennsylvania Rules of Criminal Procedure. The Township's Solicitor may assume charge of the prosecution without the consent of the District Attorney.
A.
The user's fee for an alarm system permit shall be
as set from time to time by resolution of the Board of Supervisors,
and said permit shall be obtained from the Uwchlan Township Police
Department prior to installation of the alarm system.[1]
B.
The permit shall bear the signature of the Chief of
Police or the Coordinator and be valid for the same period that the
applicant shall reside/locate the business upon the premises at which
the system is installed, or until revoked by the Chief of Police or
the Coordinator. The permit shall be physically present upon the premises
using the alarm system and shall be available for inspection by Uwchlan
Police Department personnel.
C.
The permit application shall contain the address of
the property, the name of the residence/business (if applicable),
the name of the owner, tenant or agent responsible for the property,
the alarm supplier or other entity responsible for maintaining the
system (if applicable), the type of alarm (burglary, holdup, fire,
medical), how the alarm signal will be received by the communications
center (tape, central station, etc.), at least three alternate emergency
telephone numbers of persons to be contacted to secure the property
and any additional information as determined necessary. In the case
of fire alarm permits for other than a single-family residence, the
applicant must submit with permit application detailed plans for any
fire alarm and suppression system that is to be permitted/installed.
These plans are to be reviewed and approved by the Township Fire Marshal
prior to the issuance of any permit. Construction or installation
may not begin without permit. The issuance of the permit is not a
final approval by the Township Fire Marshal for the proposed system.
Final approval may be given only at the completion, inspection and
conformance to all codes and requirements. It shall be the owner's
responsibility to amend the foregoing information whenever the information
changes.
D.
Exceptions:
(1)
An alarm user who is over the age of 65 and is the
primary occupant of a residence, and if no business is conducted at
the residence, may obtain a user's permit from the Township without
paying the above-stated fee.
E.
Any user who fails to obtain a permit within 60 days
after the effective date of this chapter or who fails to pay the registration
fee as set from time to time by resolution of the Board of Supervisors,
if later, shall be liable to pay a late charge penalty for each calendar
year that the permit is not obtained and shall be subject to a criminal
fine in an amount not to exceed $1,000, plus the costs of prosecution
and reasonable attorneys' fees. In default of payment thereof, the
defendant may be sentenced to imprisonment for a term not exceeding
90 days. Enforcement of this section shall be by action brought before
a Magisterial District Judge in the same manner provided for the enforcement
of a summary offense under the Pennsylvania Rules of Criminal Procedure.
The Township's Solicitor may assume charge of the prosecution without
the consent of the District Attorney.
[Amended 3-24-1997 by Ord. No. 97-5[2]]
F.
All locations in the Township of Uwchlan equipped
with alarm systems, except as stated in this chapter, must apply for
and be issued valid permits for same.
G.
Users may only use an alarm supplier who is licensed
to conduct business within Uwchlan Township and who holds a current/valid
alarm suppliers' license. Any user who fails to utilize a licensed
alarm supplier shall be subject to a criminal fine not to exceed $1,000,
plus the costs of prosecution and reasonable attorneys' fees. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Enforcement of this section shall
be by action brought before a Magisterial District Justice in the
same manner provided for the enforcement of a summary offense under
the Pennsylvania Rules of Criminal Procedure. The Township's Solicitor
may assume charge of the prosecution without the consent of the District
Attorney.
[Amended 3-24-1997 by Ord. No. 97-5[3]]
A.
A battery-powered (9 volt, 11.2 volt, or similar voltage)
audible alarm system whose sole purpose is to notify the occupants
at that location of an emergency situation shall be exempt from the
permit requirements of this chapter if all of the following conditions
exist:
(1)
The alarm is not connected to any mechanical or electrical
device that automatically notifies a person or agency outside of that
location that the alarm is activated.
(2)
The audible alarm does not sound outside of the location
(no external speakers or annunciators).
(3)
The internal signal emitted by the audible alarm does
not exceed 90 decibels.
(4)
The internal alarm does not cause undue annoyance
or alarm to occupants of adjoining premises.
B.
Alarm users who are not required to pay a fee or who
are exempt from obtaining an alarm user's permit as above shall, nevertheless,
be subject to the penalty provisions prescribed in this chapter.
C.
After the effective date of this chapter, no one except
an alarm supplier holding a valid license from the Township shall
install any alarm system within the confines of the Township.
Each alarm supplier who, after the effective
date of this chapter, sells or leases in the Township an alarm system
shall furnish operating instructions and a manual of operations to
the buyer or lessee.
A.
The public safety requires that the incidence of false
alarms and malfunctioning automatic dialing devices be minimal so
as to reduce unnecessary calls to the Police Department and to increase
the effectiveness of properly functioning alarm systems. It is necessary
that appropriate Township officials have the right to inspect the
installation and operation of any alarm system installed within the
Township.
B.
Application for a permit for the installation of an
alarm system and subsequent installation of such a system pursuant
to a permit issued or the continuance of the use of any alarm system
already installed at the effective date of this chapter shall constitute
consent by the owner or lessee thereof and authorization for inspection
by the Chief of Police or the Coordinator.
C.
All such entries upon the premises where an alarm
system is installed and all such inspections of the installation and
operation of alarm systems shall be at reasonable notice, except in
emergency situations.
Every alarm supplier selling, leasing or furnishing
to any user, or a user who privately installs an alarm system which
is located on premises within the Township, shall:
A.
Be permitted to install only equipment that is listed
by Underwriters' Laboratories, Inc. as being electrically safe and
meeting the Township requirements for the alarm system. Wiring for
the alarm system must conform with all applicable national, BOCA,
electrical and Township codes.
B.
Be required to cause each alarm system installed to
be provided with standby battery power which shall automatically and
immediately take over in the event of a power failure.
C.
Be required to install equipment in such a way as
to neutralize electrical surges.
D.
Be required to deactivate any alarm system within
a reasonable period of time.
No person shall conduct any test or demonstration
of any alarm system without first notifying the shift supervisor of
the Uwchlan Township Police and/or fire radio network, whichever is
appropriate, via the Police or Fire Department's designated dispatch
center.
Alarm suppliers and installers shall furnish
at their own expense, at or prior to the time of contracting, a copy
of this chapter to owners, lessees, or users of the equipment or services
to be supplied.
A.
Consent to pay costs; schedule of costs: For the purpose
of defraying the costs to the Police Department for responding to
false alarms, the owner, lessee or user of any alarm system, persons
using the services of an intermediary, users of audible alarms and
users of any other kind of direct or indirect connection with the
police or fire communications center, except persons using two-way
live voice communication by telephone, shall, as a condition to installation
and continued operation of such equipment or service, execute a consent
in such forms as may be prescribed by the Township that such owner,
lessee or user shall pay the Township costs as set from time to time
by resolution of the Board of Supervisors for each false alarm originating
from the owner's, lessee's, or user's premises.
[Amended 4-12-2004 by Ord. No. 2004-03[1]]
B.
Failure to comply. Any such owner, lessee, or user who fails to execute the consent described in Subsection A within 90 days from the effective date of this chapter shall, within the ninety-day period, disconnect the alarm system.
C.
Any owner, lessee, or user of an alarm system may revoke or refuse to consent as set forth in Subsection A, above only by disconnecting the alarm system. With respect to such systems installed at the effective date of this chapter, the owner, lessee or user can refuse to revoke the aforesaid consent by disconnecting such alarm within 90 days from the effective date of this chapter and providing written notification of such disconnection.
D.
Penalties provided for false alarms that are relayed
or transmitted by an intermediary shall be the responsibility of the
owner or user of the alarm system.
E.
Any police officer responding to an alarm which is
determined to be false shall promptly notify the Chief of Police or
his designee of such alarm in writing and shall (if practical) leave
notification of such false alarm at the scene of the alarm.
F.
By submitting an application for permit for the installation
of a burglary, fire, medical or other emergency alarm system and the
subsequent installation of such a system or by the continuation of
the use of an alarm system already installed at the effective date
of this chapter, the owner, lessee or user thereof shall agree that
such permit application constitutes a waiver by such person of the
right to bring or file any action, claim or complaint whatsoever against
any police officer or emergency personnel who makes a forced entry
in response to such an alarm into the premises on which such an alarm
is installed, as result of entry into the subject premises. In the
event the owner of such premises is a person other than the permit
applicant, as in the instance of a lessee or other user not the owner
of the premises on which the alarm is installed, such permit application
shall constitute an indemnification agreement by the applicant to
hold harmless any such police officer of emergency personnel, the
Township, the Police Department and the Fire Department, as appropriate,
from any and all damages whatsoever claimed by the lessor or owner
of the premises on which the alarm is installed.
G.
Any alarm system which has four or more false alarms
within a calendar month shall be subject to permit revocation.
(1)
The Chief of Police or his designee shall notify the
alarm user and the alarm supplier providing the service to the user
by first class, postage prepaid, certified mail, of such fact and
direct that the user submit a report to the Chief of Police within
five days of receipt of the notice describing actions taken or to
be taken to determine and eliminate the cause of the false alarms.
(2)
If the alarm user submits a report as directed, the
Chief of Police shall determine if the action taken or to be taken
will substantially reduce the likelihood of false alarms; he shall
notify the alarm user in writing that his permit will not be revoked
at this time and that if one more false alarm occurs within the month,
the user's permit may be revoked.
(3)
If no report is submitted, or if the Chief of Police
determines that the action taken or to be taken will not substantially
reduce the likelihood of false alarms, the Chief of Police shall give
notice to the user that the permit will be revoked without further
notice.
[Amended 3-24-1997 by Ord. No. 97-5[1]]
A.
Any person, firm or corporation who violates or permits a violation of any provision of this chapter shall be invoiced by the Chief of Police or his designee and shall, within 30 days, pay the fee as stated in § 82-13. Any person firm or corporation who or which fails to make the required payment within the allotted time period(s) shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution, including reasonable attorneys' fees. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each ten-day period during which failure to comply continues shall constitute a separate offense. The Township's Solicitor may assume charge of the prosecution without the consent of the District Attorney.
B.
Any person found guilty of willful false activation
of an alarm system shall be subject to a criminal fine in an amount
of not to exceed $1,000, plus all court costs, including reasonable
attorneys' fees, incurred by the Township. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Enforcement of this section shall be by action brought before
a Magisterial District Judge in the same manner provided for the enforcement
of a summary offense under the Pennsylvania Rules of Criminal Procedure.
The Township's Solicitor may assume charge of the prosecution without
the consent of the District Attorney.
