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Township of Spring Garden, PA
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Spring Garden as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 145.
Noise — See Ch. 202.
[Adopted 12-29-1980 by Ord. No. 123 (Ch. 13, Part 10, of the 1994 Code)]
[Amended 8-9-1995 by Ord. No. 95-02]
All burglar and fire alarms installed in any building in Spring Garden Township and all antitheft alarms installed in any vehicles parked in Spring Garden Township shall be equipped with an automatic cutoff device that stops the alarm after it sounds continuously for 1/2 hour of public warning.
This article shall not be applicable to any alarm that shall not disturb a neighborhood or the public peace.
[Amended 8-9-1995 by Ord. No. 95-02]
All existing burglar and fire alarms and all antitheft alarms installed in any vehicle parked in Spring Garden Township that sound a public alarm disturbing local residents of the neighborhood or the public peace for more than one hour are hereby declared to be a public nuisance.
[Amended 10-12-2011 by Ord. No. 2011-11]
Any alarm that constitutes a public nuisance which shall be verified by written complaint of any local neighborhood or resident in the vicinity may be rendered inactive by the Chief of Police or his designated agent. The said written verification shall contain name and address of the person complaining and request the Chief to terminate the alarm nuisance. The writing shall verify that the alarm has sounded for more than one hour, and the locality of the person having control or charge of the building cannot be found.
The cost of terminating the alarm shall be billed to the person owning or in control of the building in which the alarm is located, together with a ten-percent penalty as provided by law.
[Amended 12-14-1994 by Ord. No. 94-5]
Any person, corporation or business entity that shall violate any of the provisions of this article shall, upon conviction, be sentenced to pay a fine not exceeding $600, plus costs, for each violation and, upon failure to pay the fine and costs, to a term of imprisonment not to exceed 30 days. In addition, failure of the person to pay the cost to abate the nuisance together with the ten-percent penalty provided herein, which shall likewise be collected by suit brought in the name of the Township before the Magisterial District Judge or court having proper jurisdiction thereof in like manner as debts of like amount may be sued for under any existing laws.
[Adopted 6-13-2018 by Ord. No. 2018-03[1]]
[1]
Editor’s Note: This ordinance also repealed former Art. II, Alarm Systems, adopted 10-12-1983 by Ord. No. 158, as amended.
The intent of this article is to:
A. 
Protect the emergency services of the Township from nuisance and provide the maximum possible efficiency of service to alarm device users.
B. 
Encourage the proper maintenance, care and management of alarm devices within the Township.
C. 
Provide a record of alarm devices located within the Township.
D. 
Promote the general peace, welfare and safety of the Township.
The following words and phrases shall have the meanings given to them in this article:
ALARM
A communication to a public safety agency indicating a crime, fire or other emergency warranting immediate action by that public safety agency has occurred or is occurring.
ALARM DEVICE
A device designated to automatically transmit an alarm:
A. 
Directly to a public safety agency; or
B. 
To a person that is instructed to notify the public safety agency of the alarm.
AUTOMATIC DIALING DEVICE
A device which is interconnected to a telephone line and preprogrammed to transmit the coded signal of an alarm to a dedicated telephone trunk line or to dial a predetermined telephone number to an alarm to a public safety agency.
DEDICATED TELEPHONE TRUNK LINE
A telephone line or lines which serve a public safety agency which is dedicated to receiving transmissions from an automatic dialing device.
FALSE ALARM
The activation of an alarm device to which a public safety agency responds when a crime, fire or other emergency has not occurred.
PERSON
An individual, corporation, partnership, incorporated association or other similar entity.
PUBLIC SAFETY AGENCY
Any police department, fire department or emergency management service/ambulance company.
TOWNSHIP
Spring Garden Township, York County, Pennsylvania.
All persons owning or operating an alarm device upon real property within the Township shall register such system with the Police Department of the Township. Persons purchasing a property in the Township on which an alarm device is located shall not continue to operate the alarm device on the premises without registering the alarm device under the new owner's name within 30 days after the person obtains title to the property. Persons installing an alarm device after the effective date of this chapter shall register such system prior to its installation. A fee for the registration of an alarm device to be paid by the registrant shall be in such amount as the Board of Commissioners of the Township shall, by resolution, from time to time, establish.
A. 
All persons registering an alarm device with the Township shall furnish such information as shall reasonably be requested, including, but not limited to, the following:
(1) 
The name of the owner or occupant of the real property upon which the alarm device has been or is being installed. If the owner or occupant shall be other than an individual, the owner or occupant shall also provide the name of an individual responsible to the owner or occupant for the operation of the alarm device (the "responsible agent").
(2) 
The address of the real property upon which the alarm device has been or is being installed by street name and number and the telephone number of the owner, occupant and responsible agent.
(3) 
Two backup or emergency telephone numbers where the owner, occupant and responsible agent can be reached or through which contact can be made when the real property is unoccupied, including the names of the persons to which such numbers are assigned.
(4) 
The name, address and telephone number of the vendor or installer of the alarm device.
(5) 
The name and address of the manufacturer of the alarm device.
(6) 
A description of the alarm device installed, including the number and type of devices used for the purpose of activating the system, the location of such devices, the mechanism for automatically deactivating the local alarm and the methodology used for transmitting or relaying the signal to the public safety agencies.
(7) 
The name, address and telephone number of any monitoring or central station service to which the alarm device transmits a signal for relay to public safety agencies.
B. 
The Township Manager or Police Chief or Fire Chief, or other designee, shall have the right to inspect any alarm device on the premises where it is intended to function prior to its operation and to cause an inspection of such system to be made at any time to determine whether it is being used in conformity with the terms of the permit and the provisions of this article. In order to facilitate such inspections, the owner or responsible agent shall notify the Township when the alarm device has been installed and is operational.
All persons owning or operating a registered alarm device upon real property within the Township shall renew such registration on an annual basis. On or about December 1 of each year, the Township Police Department shall send to the owner or operator of each registered alarm device a renewal application updating the registration information required pursuant to § 100-10 hereof. A renewal registration fee is imposed which shall be in such amount as the Board of Commissioners of the Township shall, by resolution, from time to time, establish. The registrant shall file the renewal application with and pay the renewal registration fee to the Township on or before January 15 of each year.
It shall be unlawful for any person to own, operate, install or maintain an alarm device which automatically transmits an alarm telephonically or otherwise directly to any public safety agency. All calls for emergency services initiated by an alarm device shall be relayed by county control to the Township.
All local alarms owned, operated, installed or maintained within the Township shall be equipped with a mechanism which will automatically deactivate the signal emission from the alarm device after 10 minutes of operation.
All persons owning or operating an alarm device within the Township shall have the following duties and responsibilities with respect to such system:
A. 
To keep and maintain the system in good operating condition, order and repair.
B. 
To keep and maintain at the site of the alarm device a complete set of written operating instructions for such system.
C. 
To provide training and instruction to individuals customarily occupying the site of the alarm device in its proper operation.
D. 
To cooperate with the Township in preventing or minimizing the number of false alarms originating from the site of the alarm device.
E. 
To promptly notify the Township within five days when any change occurs with respect to any of the information required pursuant to § 100-10 hereof.
The Township may revoke any permit issued pursuant to this article. Such revocation may only be accomplished after giving written notice to the permit holder and providing an opportunity for the permit holder to be heard. If, after hearing, the Police Chief determines that the alarm device has been installed, maintained or operated in violation of the provisions of this article or any term or condition of said permit or if there has been a failure to pay any fees including any false alarm charges due under the provisions of this article, the Police Chief shall revoke the permit.
The initial permit fee and annual permit fee shall entitle the permit holder to unlimited actual alarm calls and three false alarm calls in a consecutive twelve-month period. Each false alarm call after three, in any consecutive twelve-month period, shall require the payment of a fee in an amount as established from time to time by resolution of the Board of Commissioners of the Township to cover the expense of responding to said false alarm.
Any person who should violate any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and costs of prosecution and, in default of payment of such fines and costs, to imprisonment for not more than 30 days, provided that each violation of any provision of this article and each day the same is continued shall be deemed a separate offense.