[Ord. 346, 6/26/1985, § 1]
As used in this part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any false alarm which is not an intentional false alarm,
as defined herein, or not when an intrusion, crime, fire or other
emergency has actually occurred.
A communication to the Police or Fire Department indicating
that a crime, fire or other emergency situation warranting immediate
action by the Police or Fire Department has occurred or is occurring.
A mechanical device designed to automatically transmit an
alarm by wire, telephone, radio or other means: (1) directly to the
Police or Fire Department; (2) to a person who is instructed to notify
the Police or Fire Department of the alarm; or (3) to activate a bell
or sounding device to be heard outside a building which is intended
to alert the Police or Fire Department or others to the existence
of a crime, fire or other emergency situation warranting police action.
The alarm or control panel installed in the Police or Fire
Department for the purpose of giving visual or audio response to direct
alarm devices.
An alarm device, other than a telephone dialer device, designed
to transmit an alarm directly to the Police or Fire Department.
An alarm to which the Police or Fire Department responds
resulting from the activation of an alarm device when a crime, fire
or other emergency warranting immediate action by the Police or Fire
Department has not in fact occurred.
An alarm device designed to transmit an alarm to a person
who is instructed to notify the Police or Fire Department of the alarm.
A false alarm resulting from the intentional activation of
an alarm device by an individual under circumstances where that individual
has no reasonable basis to believe that a crime, fire or other emergency
warranting immediate action by the Police or Fire Department has occurred
or is occurring.
A person to whom the Police or Fire Department has issued
an alarm device permit.
An individual, corporation, partnership, incorporated association
or other similar entity.
An alarm device designed to automatically transmit a recorded
message over regular telephone lines directly to the Police or Fire
Department or to a person who is instructed to notify the Police or
Fire Department of the alarm.
|
In this part, the singular shall include the plural; the plural
shall include the singular; the masculine shall include the feminine
and the neuter.
|
[Ord. 346, 6/26/1985, § 2; as amended by Ord. 396,
3/27/1991, §§ 3-5]
1.
It shall be unlawful for a property owner, lessee of property or
a person otherwise occupying a premises within Lower Southampton Township
to put an alarm device into operation on his premises or to allow
an alarm device to be put into operation on his premises without first
obtaining an alarm device permit from the License and Inspection Department.
It shall also be unlawful for a property owner, lessee of property
or a person otherwise occupying a premises outside of Lower Southampton
Township to put into operation on his premises an alarm device which
terminates at Lower Southampton Township's Police or Fire Department
or to allow such an alarm device to be put into operation on his premises
without first obtaining an alarm device permit from the License and
Inspection Department.
2.
In order to apply for an alarm device permit, a person must pay the
fee set by the Board of Supervisors by resolution and must submit
an application to the License and Inspection Department, stating:
A.
His name.
B.
His home and business addresses and the telephone numbers of each.
C.
The location at which the alarm device will be installed and operated.
D.
The names, addresses and telephone numbers of at least two individuals
who have keys to the premises at which the alarm device is located
and who are authorized to enter the premises at any time, but who
do not reside at the premises at which the alarm device is located.
E.
A general written description of the device other than schematics.
F.
If the device is to be leased or rented from, or is to be serviced
pursuant to a service agreement by, a person other than the person
making application for an alarm device permit, the name, address and
telephone number of that person must be stated in the application.
In addition, each person submitting an application for an alarm device
permit shall submit a signed statement in the following form:
|
"I (We), the undersigned applicant(s) for an alarm device permit,
intending to be legally bound hereby, agree with Lower Southampton
Township that neither I (we), nor anyone claiming by, through or under
me (us), shall make any claim against Lower Southampton Township,
its officials or agents, for any damages caused to the premises at
which the alarm device which is the subject of this application is
or will be located, if such damage is caused by forced entry to said
premises by employees of Lower Southampton Township in order to answer
an alarm from said alarm device at a time when said premises are or
appear to be unattended or when, in the discretion of the said employees,
the circumstances appear to warrant a forced entry."
|
|
The License and Inspection Department shall furnish forms which
any person wishing to apply for an alarm device permit shall submit
with his application. The applicant shall advise the License and Inspection
Department immediately upon any change in the information submitted.
|
3.
A person applying for an alarm device permit for a telephone dialer
alarm device, local sounding device, or an indirect alarm device shall
submit the required fee along with his application. The fee shall
be fixed from time to time by resolution of the Board of Supervisors.
4.
The License and Inspection Department shall, within 10 workdays from
receipt of an application for an alarm device permit, either grant
an alarm device permit to the applicant or notify the applicant in
writing that his application has been denied and the reason or reasons
why it has been denied.
6.
Notwithstanding the language contained in Subsection 1, it shall
not be unlawful for a person to continue to operate an alarm device
that was in operation on the effective date of this part.
7.
The Police Department, or the Department of Licenses and Inspections,
shall have the power to revoke an alarm device permit. An alarm device
permit shall be revoked by notifying the permit holder in writing
that his alarm device permit has been revoked. Said written notice
shall be:
8.
An alarm device permit may only be revoked for the following reasons:
A.
Failure of an alarm device to conform to the operational standards
set forth in this part.
B.
Failure of a permit holder to pay a false alarm charge assessed to him by the Police Department or the Department of Licenses and Inspections under the provisions of § 13-404 within 30 days of the mailing to him of the assessment of a false alarm charge.
C.
The occurrence of more than 12 false alarms from an alarm device
during any twelve-month period.
D.
The occurrence of an intentional false alarm caused by the permit
holder or by an individual over the age of 15 who resides on the premises
where the alarm device is located.
9.
A person who has had his alarm device permit revoked under §§ 13-409 and 13-410 may reapply for an alarm device permit 45 days after the effective date of such revocation; provided a person's alarm device permit was revoked for nonpayment of a false alarm charge or for nonpayment of installation or maintenance fees, or both, the License and Inspection Department shall deny said application unless such charge or fee, or both, have been paid. Notwithstanding the foregoing, a person who has had his alarm device permit twice revoked on the basis of an occurrence of an intentional false alarm may not reapply for an alarm device permit for one year from the effective date of the second revocation.
[Ord. 346, 6/26/1985, § 3]
1.
If an alarm device is designed to transmit a recorded message directly
to the Police or Fire Department, the duration of such recorded message
shall not exceed 60 seconds. The contents of the recorded message
shall be intelligible and in a format approved by the License and
Inspection Department.
2.
An alarm device need not contain a delay service which causes a delay
to occur between the time the alarm device receives a triggering stimulus
and the time the alarm device transmits an alarm.
3.
A direct alarm device shall be designed to dial only specific telephone
numbers designated by the License and Inspection Department and to
allow the permit holder to abort the alarm signals.
4.
A direct alarm device shall be designed so that it interfaces with
the central receiving station maintained by the Police or Fire Department.
5.
If an alarm device is designed to cause a bell, siren or sound-making
device to be activated on or near the premises on which the alarm
device is installed at the time it gives an alarm, said alarm device
shall be designed to deactivate the bell, siren or other sound-making
device after 30 minutes of operation. Preexisting units must be modified
for a thirty-minute device unless said unit cannot be modified without
replacement.
6.
All alarm devices shall meet the applicable standards of the Underwriters
Laboratories and/or the National Fire Protection Association, and/or
other recognized industry standards, and shall be permitted under
this part if in conformity thereto. An alarm device which does not
meet any of the above standards or for which there is no recognized
industry standard shall require the applicant for a permit to submit
evidence of the reliability or suitability of the alarm device. Any
permit issued for such an alarm device which does not conform to the
recognized standard shall be conditionally subject to satisfactory
performance of said alarm device after installation. The applicant
for a permit may be required to submit subsequent evidence of the
reliability and suitability of the alarm device.
7.
The sensory mechanism used in connection with an alarm device must
be adjusted to suppress false indications of fire or intrusion, so
that the alarm device will not be activated by impulses due to transient
pressure change in water pipes, short flashes of light, wind noises
such as the rattling or vibrating of doors or windows, vehicular noise
adjacent to the premises, or other forces unrelated to genuine alarm
situations.
8.
The alarm device must be maintained by the permit holder in good
repair to assure reliability of operation.
[Ord. 346, 6/26/1985, § 4; as amended by Ord. 396,
3/27/1991, §§ 6-8; and Ord. 404, 12/18/1991, § 3]
1.
Intentional false alarms. No permit holder or person shall create
an intentional false alarm.
2.
Accidental false alarms. Any person or permit holder causing accidental
false alarms for any reason shall pay to Lower Southampton Township
a charge for each and every false alarm to which the Police and/or
Fire Department responds in any twelve-month period, as fixed by the
Board of Supervisors from time to time by resolution.
3.
When a false alarm occurs, the Lower Southampton Police Department,
within 30 days from the date of the false alarm, shall notify the
permit holder of the alarm device from which the false alarm emanated
or other person causing said false alarm that a false alarm charge
is due and the amount thereof. Such notice shall be in writing and
mailed to the permit holder or person causing said false alarm at
his last known address by regular mail, postage prepaid. Failure of
the Police Department to mail notice of assessment of a false alarm
charge within 30 days from the occurrence of a false alarm shall preclude
the Lower Southampton Township from assessing a false alarm charge
for said false alarm.
4.
A false alarm charge shall be due and payable at the Township Office
30 days from the date of the mailing of the notice of assessment of
the charge.
5.
Failure of a permit holder to pay a false alarm charge on or before
the date due shall subject such permit holder to revocation of his
alarm device permit under § 13-402.8.
[Ord. 346, 6/26/1985, § 5]
1.
A permit holder who has a direct alarm device which is connected
to a central receiving station at Police or Fire Department headquarters
shall be required to pay to Lower Southampton Township a fee for the
connection of his direct alarm device to the central receiving station
and a yearly fee for the maintenance of the central receiving station.
2.
The fee for connection of a direct alarm device to a central receiving
station at Police or Fire Department headquarters shall be set by
the Board of Supervisors by resolution.
3.
In addition, a permit holder who has a direct alarm device shall
pay a yearly fee for the maintenance of the central receiving station.
This maintenance fee shall be determined by the Board of Supervisors
on an annual basis each July by prorating the maintenance costs among
the number of permit holders at that time using the central receiving
station, regardless of how long a permit holder has been connected
to the central receiving station. The License and Inspection Department
shall annually notify each permit holder who has a direct alarm device
of the amount of the assessment for maintenance of the central receiving
station. Such notice shall be in writing and mailed to the permit
holder at his last known address by regular mail, postage prepaid.
The maintenance fee shall be due and payable at the office of the
License and Inspection Department 30 days from the date of notice
of assessment of the maintenance fee.
4.
The fee for connection of a direct alarm device to a central receiving
station shall be due and payable at the License and Inspection office
at the time an alarm device permit is issued to an applicant for such
a permit. The License and Inspection Department shall not issue an
alarm device to an applicant until such fee is paid.
5.
The Police or Fire Department shall not in any way be obligated to
provide or continue to provide a central receiving station facilities
for direct alarm devices, provided that, if the Police or Fire Department
decided to discontinue operation of a central receiving station facility,
it shall notify all permit holders serviced by said facility.
6.
Failure of a permit holder to pay a yearly fee for the maintenance
of the central receiving station to which his direct alarm device
is connected within 30 days of the date said payment is due shall
be subject to the disconnection of his direct alarm device from the
central receiving station and to the revocation of his alarm device
permit under § 13-402.8.
[Ord. 346, 6/26/1985, § 6]
If the location of the headquarters of the Police or Fire Department
should change at any time, Lower Southampton Township shall not be
responsible for any cost incurred by permit holders or other persons
because of said change in location.
[Ord. 346, 6/26/1985, § 7]
No person shall conduct or test any alarm device without first
obtaining permission from the License and Inspection Department. Where
the equipment is keyed through an intermediary, no such permission
is necessary unless the alarm or signal is to be relayed to the central
receiving station.
[Ord. 346, 6/26/1985, § 8]
The issuance of any permit shall not constitute acceptance by
Lower Southampton Township of any liability to maintain any equipment,
to answer alarms, nor otherwise render Lower Southampton Township
liable to any person for any loss or damage relating to the alarm
system or procedure.
[Ord. 346, 6/26/1985, § 9]
Administration and enforcement of this part shall be functions
of Lower Southampton Township and shall include the following:
A.
Authority to accept or reject a permit application or revoke a permit
because of a misrepresentation or false statement contained in any
application for a permit, failure to correct any deficiencies in equipment
or operation of an alarm device after receipt of due notice from the
License and Inspection Department, or not meeting other conditions
and specifications of this part.
B.
Authority to order the disconnection of an alarm device until such
device is made to comply with operational standards set forth herein,
but only when evidence of failure to comply with said standards imposes
a burden upon Lower Southampton Township as a result of false alarms.
C.
Authority, at reasonable times and upon written notice, to enter
upon any premises within Lower Southampton Township to inspect the
installation and operation of an alarm device.
[Ord. 346, 6/26/1985, § 10]
Whenever under the provisions of this part the License and Inspection
Department is empowered to make a decision with respect to the installation,
operation or maintenance of any alarm device, or with respect to the
denial or revocation of any permit relating thereto, any applicant
for a permit or permit holder aggrieved by such decision may, within
10 days following the decision, file a written appeal therefrom with
the Board of Supervisors of Lower Southampton Township, whereupon
the Board of Supervisors shall promptly conduct a hearing and affirm,
modify or reverse the decision appealed from. The decision of the
Board of Supervisors shall be final.
[Ord. 346, 6/26/1985, § 11; as amended by Ord.
532, 9/10/2008]
Any person, firm or corporation who shall violate any provision
of this part, 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 less than $100 nor 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 part continues or each section of this part which shall be
found to have been violated shall constitute a separate offense.
