[Adopted 7-8-2019 by Ord.
No. 2019-08[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
I, Alarm Systems, adopted 1-22-1979 by Ord. No. 1979-1 (Part 6, Ch.
2, Art. C.1, of the 1976 Code of Ordinances).
As used in this article, the following words, terms and phrases
shall have the following meanings, unless it is apparent from the
context that a different meaning is intended:
The person or persons designated by the Police Department
to administer the provisions of this chapter. The alarm administrator
establishes, implements, and oversees all procedures relating to alarms.
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 alarm system. Exemption: This definition
does not include a person who engages in the manufacture or sale of
an alarm system from a fixed location and who neither visits the location
where the alarm system is to be installed, nor designs the scheme
for physical location and installation of the alarm system 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 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 or employing alarm
agent(s). Exemption: This definition does not include a person who
engages in the manufacture or sale of an alarm system from a fixed
location and who neither visits the location where the alarm system
is to be installed, nor designs the scheme for physical location and
installation of the alarm system in a specific location.
A class conducted for the purpose of educating alarm users
about the responsible use, operation, and maintenance of alarm systems
and the problems created by false alarms.
Any person, firm or corporation who or which files an application
for an alarm registration as provided in this article.
Any 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, 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 communication
centers and proprietor alarms. Automatic protection devices may be
identified 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 the notification of a condition
of fire and are provided for the evacuation of occupants of industries,
institutions and other similar premises or devices designed to signal
the flow of water in an automatic fire sprinkler system.
Devices which are designed for and installed upon motorized
vehicles or trailers.
Devices maintained and operated by the Manheim Township Police
Department and used for the detection of unlawful acts.
Lancaster County Wide Communications and/or other rooms which
house auxiliary communication equipment.
An activation of an automatic protection device (APD) signal,
necessitating a response by the Manheim Township Police Department,
where an emergency situation does not exist. The term does not include
alarms caused by acts of nature or utility service interruptions.
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.
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
The Chief of Police of the Manheim Township Police Department,
or his designated representative.
The Manheim Township Police Department.
Any alarm system which sounds within the protected premises
or control center under the supervision of the proprietor of the protected
building, structure, or facility. If police response is expected or
is a result of that proprietary alarm signal or message, it thereby
becomes an APD, as defined in the definition of "automatic protection
device" in this section.
A unique individual number assigned to an alarm user as part
of the alarm registration.
A fee charged for each and every false alarm activation to
which the Police Department responds. Exemption: No fee shall be charged
if:
A person who has an APD installed on realty in which the
subscriber has an interest or who is applying for the installation
of an APD.
A.Â
Business registration 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 Manheim without first applying for and
receiving an alarm business registration in accordance with the provisions
of this article.
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 Manheim, unless connected with and carrying
identification from a business that has been issued a business registration
in accordance with the provisions of this article. Agent identification
must be carried at all times while engaged in alarm business activities
and must be displayed to any police officer upon request.
C.Â
Alarm user registration required. It is unlawful for any person to
use an automatic protection device (alarm system) at any time within
the limits of the Township of Manheim without first applying for and
receiving an alarm user registration in accordance with the provisions
of this article.
D.Â
Suspension or revocation. It is unlawful for any person to possess
and use an automatic protection device (alarm system) requiring a
registration under this article or engage in, conduct or operate in
a manner requiring registration under this article at any time within
the limits of the Township of Manheim when their privilege to do so
has been suspended or revoked in accordance with the provisions of
this article.
E.Â
Testing prohibited without permission. It is unlawful for any person
to conduct any test or demonstration of any automatic protection device
designed to make direct connection to the police communications center
at any time within the limits of Manheim Township without first obtaining
permission from the Police 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 Department by any means.
F.Â
Automatic dialing device prohibited. It is unlawful for any person
to install, program, use or interconnect an automatic dialing device
programmed to automatically transmit a request for emergency response
directly to the Manheim Township Police Department's communications
center via any telephone trunk line.
A.Â
An alarm user shall not operate, or cause to be operated, any alarm
system without a valid alarm registration. A separate registration
is required for each alarm site having a distinct address of business
name. A registration fee including a completed alarm registration
application shall be received and approved by the alarm administrator
prior to any alarm system activation. A thirty-day grace period shall
be granted from the date of all new alarm installations or takeovers
between two alarm users, to accommodate the registration application
process. Residential alarm users who are age 65 or older and are the
primary resident of the property and if no business is conducted in
the residence may obtain an alarm registration from the police department
according to this chapter without payment of a fee.
B.Â
An application for an alarm registration will be in a format as determined
by the Police Department. The information required on such forms shall
be determined by the alarm administrator. Registration applicants
acknowledge that the police response may be influenced by factors,
including, but not limited to, the availability of officers, priority
of calls, traffic conditions, weather conditions, emergency conditions,
prior alarm history, administrative actions, and staffing levels.
C.Â
Owners of local alarm systems are required to adhere to all sections
of this chapter and are subject to all fees, fines, suspensions, penalties,
or other requirements that are applicable.
D.Â
All fees shall be collected by the alarm administrator.
E.Â
Existing alarm systems. Any alarm system that has been installed
before the effective date of this chapter shall be registered and
a registration fee collected by the alarm administrator.
F.Â
New alarm systems.
(1)Â
An alarm installation company shall not install an APD unless or
until the system has been registered.
(2)Â
In the case of a self-installed alarm system, it is the responsibility
of the property owner to register the alarm with the Township.
(3)Â
Failure of an alarm user to submit the registration fee within 30
days after an alarm has been installed shall result in the alarm system
being classified as nonregistered and late charges being assessed.
G.Â
The issuance of an alarm registration does not create a contract
between the police department and/or Manheim Township and any alarm
user, alarm installation company, or monitoring company, nor does
it create a duty or obligation, either expressed or implied, on the
police department to respond to any alarm. Any and all liability and
consequential damage resulting from the failure of the police department
to respond to an alarm dispatch request is hereby disclaimed and full
governmental immunity as provided by law is retained. By applying
for an alarm registration, the alarm user acknowledges that the police
department response is influenced by the availability of officers,
priority of calls, traffic conditions, weather conditions, emergency
conditions, staffing levels, prior response history, and administrative
actions.
A.Â
An alarm registration for a commercial site shall expire one year
from the date of issuance and must be renewed annually by the alarm
user. An alarm registration for a residential site shall expire three
years from the date of issuance and must be renewed prior to its expiration.
The alarm administrator shall notify the alarm user of the need to
renew their registration 30 days prior to the expiration of the registration.
It is the responsibility of the alarm user to submit the updated information
and renewal fees prior to the registration expiration date. Failure
to renew shall be classified as use of a nonregistered alarm system
and subject the alarm site to a suspension and late charge.
B.Â
Registration fees shall be collected based on the registration period.
The amount of the registration and renewal fees required are established
by resolution of the Board of Commissioners.
C.Â
Alarm users who fail to make payment for an alarm registration prior
to the registration's expiration date will be assessed a late
charge as established by resolution of the Board of Commissioners.
D.Â
No refund of a registration or renewal fee will be made.
E.Â
Upon receipt of a completed alarm registration application form and
the alarm registration fee, the alarm administrator shall issue a
registration number or registration renewal to the applicant unless:
(1)Â
The applicant has failed to pay any fee or fine assessed under this
chapter; or
(2)Â
An alarm registration for the alarm site has been suspended, and
the condition for the suspension has not been corrected; or
(3)Â
Any false statement of a material fact made by an applicant for the
purpose of obtaining an alarm registration shall be sufficient cause
for refusal to issue an alarm registration.
F.Â
Exemptions from fees.
(1)Â
Government entities, including but not necessarily limited to the
Township, County, Commonwealth of Pennsylvania, Federal, and School
Districts, must obtain alarm permits for alarm systems on property
under their control within the boundaries of the Township, but are
exempt from payment of all fees under this ordinance.
(2)Â
Residential alarm users who are over 65 or older and are the primary
resident of the residence and if no business is conducted in the residence
may obtain an alarm registration without payment of a fee. They are
not exempted from the alarm response fee.
G.Â
The alarm administrator may assess the alarm user a fine for a false
alarm occurring at the alarm user's alarm site. The amount of
the fine shall be established by the Board of Commissioners. Notice
of the right to appeal under this chapter will be included with notice
of any fine.
H.Â
All alarm fees are due within 30 days of written notice unless otherwise
noted. A late charge in an amount established by resolution of the
Board of Commissioners shall be imposed for each fee or fine that
is not paid within 30 days.
I.Â
The alarm administrator may waive the false alarm fine for the first
chargeable false alarm during each of a residential alarm user's
one-year registration period, pending the successful completion of
the online alarm user awareness class available through the alarm
administrator. In order to have the fine waived, the alarm user shall
have successfully completed the class within 30 days of the fine notice.
Alarm users without online access may request the online school and
test be mailed to them. Commercial alarm users are not eligible for
the alarm user awareness class.
J.Â
Alarm users who have obtained a valid alarm registration prior to
a false alarm activation are granted a thirty-day grace period from
the initial date of registration for familiarization and/or adjustment
of a mechanical malfunction of the alarm system, during which time
the false alarm activation will not be conducted, nor a fine assessed.
This only applies to new alarm system installations or new alarm user
takeover conversions.
A.Â
Any registration may be suspended by the Chief of Police for any
of the following reasons:
(1)Â
The violation of any of the provisions of this article.
(2)Â
The failure to comply with rules and regulations adopted pursuant
to this article.
(3)Â
There is a false statement of a material fact in the registration
application.
(4)Â
The alarm user has had four or more false alarms within the one-year
registration period, except that the alarm administrator may waive
a suspension of a registration upon receipt of documentation showing
reasonable attempts to address the issue resulting in the false alarms.
(5)Â
The alarm user fails or refuses to pay an alarm registration or renewal
fee, false alarm fine, late charge, or any other fee, fine or charge
assessed under this article.
(6)Â
Where any alarm business official is convicted of a crime which reflects
unfavorably upon his/her fitness to be in the alarm business.
B.Â
It is a violation of this section for a person to operate an alarm
system during the period in which the alarm registration is suspended.
C.Â
In addition to the false alarm response fee, a supplemental fine
shall be imposed on a person operating a suspended alarm system. The
amount of the fine shall be established by the Board of Commissioners.
D.Â
An alarm user whose registration has been suspended may obtain reinstatement
of the registration by the alarm administrator if the user:
(1)Â
Pays a reinstatement fee as established by the Board of Commissioners;
(2)Â
Pays, or otherwise resolves, all outstanding fees, fines, and other
charges;
(3)Â
Submits a written notice from an alarm installation company stating
that the alarm system has been inspected and repaired (if necessary)
by the alarm installation company;
(4)Â
The alarm user successfully completes an alarm user awareness class
and test.
A.Â
An alarm registration cannot be transferred to another person or
alarm site. An alarm user shall inform the alarm administrator and
their alarm company of any change to the information listed on the
alarm registration application within the business days after such
change.
B.Â
Exceptions may be made in the discretion of the alarm administrator
when the transfer proposed is among members of the family of the original
registration holder or successors in interest to the property for
which the alarm registration has been issued.
A.Â
An alarm user shall:
(1)Â
Maintain the alarm site and the alarm system in a manner that will
minimize or eliminate false alarms;
(3)Â
Provide the monitoring company with the updated names and phone numbers
of at least two persons who are able and have agreed to:
(4)Â
Not activate the alarm system for any reason other than an occurrence
of an event that the alarm system was intended to report.
(5)Â
Notify their monitoring company of any suspension of police response
(as provided for under this chapter) and request the monitoring company
not make a burglar alarm dispatch.
B.Â
No person shall operate or cause to be operated any automatic voice
dialer which, when activated, uses a telephone device or attachment
to automatically dial a telephone line leading into the police department
or the Township and then transmit any prerecorded signal.
C.Â
An alarm user shall keep a set of written operating instructions
for each alarm system at each alarm site.
A.Â
No alarm system shall emit a sound resembling an emergency vehicle
siren or civil defense warning. The Chief of Police shall make the
final determination regarding any question of an audible alarm within
this section.
B.Â
After the effective date of this ordinance, no one shall install,
modify, or repair an alarm system in Manheim Township that has a siren,
bell, or other signal that is audible from any property adjacent to
the alarm site that sounds for longer than 15 consecutive minutes
after the alarm is activated, or that repeats the fifteen-minute audible
cycle more than two consecutive times during a single armed period.
C.Â
In the event that an audible alarm is activated and fails to reset
itself or continues to activate for more than 60 minutes and the responsible
person listed on the alarm registration or other responsible person
cannot or will not respond and silence the alarm, and the continued
activation of the alarm is creating a disturbance, the police department
may cause the alarm to be silenced in a manner determined appropriate
for the circumstances. The alarm user shall be held responsible for
the actual costs involved to abate the malfunctioning alarm up to
a maximum of $300. The Township, its employees or agents shall not
be responsible or liable to damage resulting from such disconnection.
A.Â
If the alarm administrator assesses a fee or fine, suspends an alarm
registration or denies the issuance, renewal or reinstatement of a
registration, the alarm administrator shall send notice of the action
and a statement of the right to appeal to the affected alarm user.
B.Â
The alarm user may appeal any action in Subsection A above to the Police Chief or his designee by setting forth in writing the reasons for the appeal and delivering the appeal to the Police Chief or his designee within 20 days after receipt of notice of the action. Failure to deliver the appeal within that time period is a waiver of the right to appeal.
C.Â
The procedure for an appeal to the Police Chief or his designee is
as follows:
(1)Â
The alarm user shall file a written request for appeal by paying
an appeal fee and setting forth the reasons for the appeal. The appeal
must be entitled "Appeal from Alarm Administrator's Action."
The appeal fee shall be in an amount established by the Board of Commissioners
and will be returned to the appealing party if the appeal is successful.
(2)Â
The Police Chief or his designee shall conduct a hearing on the appeal
within 30 days after the receipt of the request for appeal and appeal
fee and shall consider the evidence submitted by the appealing party
and the alarm administrator. The Police Chief or his designee must
base the decision on the preponderance of the evidence presented at
the hearing and must render a decision within 15 days after the date
of the hearing. The decision shall affirm or reverse the decision
or action taken by the alarm administrator.
(3)Â
The filing of an appeal stays any action by the alarm administrator
to suspend an alarm registration or require the payment of a fee or
fine until the appeal process has been exhausted. This provision applies
only to the action of the alarm administrator that is the subject
of the appeal. This provision does not operate as a bar to enforcement
actions on violations of this section that occur thereafter.
D.Â
The alarm administrator or the Police Chief may adjust the count
of false alarms or assessed fees based on the occurrence of multiple
alarms within a twenty-four-hour period, which may be considered as
one false alarm if the alarm user has taken corrective action, unless
the false alarms are directly caused by the alarm user.
E.Â
The alarm administrator of the Police Chief may waive all or part
of a false alarm fine due to extenuating circumstances or to encourage
corrective action.
The information furnished and secured pursuant to this article
shall be confidential in character and shall not be subject to public
inspections and shall be kept so that the contents thereof shall not
be known except to persons charged with the administration of this
article.
