[Ord. 164, 7/16/1996, § 1]
1. As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
ACCIDENTAL FALSE ALARM
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.
ALARM
A communication to the Police Department indicating that
a crime, fire or other emergency situation warranting immediate action
by the Police Department has occurred or is occurring.
ALARM DEVICE
A mechanical device designed to automatically transmit an
alarm by wire, telephone, radio or other means:
A.
Directly to the Police Department;
B.
To a person who is instructed to notify the Police Department
of the alarm; or
C.
To activate a bell or sounding device to be heard outside a
building which is intended to alert the police or others to the existence
of a crime, fire or other emergency situation warranting police action.
FALSE ALARM
An alarm to which the Police Department responds, resulting
from the activation of an alarm device when a crime, fire or other
emergency warranting immediate action by the Police Department has
not in fact occurred.
INDIRECT ALARM DEVICE
An alarm device designed to transmit an alarm to a person
who is instructed to notify the Police Department of the alarm.
INTENTIONAL FALSE 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 Department has occurred
or is occurring.
PERMIT HOLDER
A person to whom the Police Department has issued an alarm
device permit.
PERSON
An individual, corporation, partnership, incorporated association
or other similar entity.
TELEPHONE DIALER ALARM DEVICE
An alarm device designed to automatically transmit a recorded
message over regular telephone lines directly to the Police Department
or to a person who is instructed to notify the Police Department of
the alarm.
2. In this Part, the singular shall include the plural; the plural shall
include the singular; and the masculine shall include the feminine
and the neuter.
[Ord. 164, 7/16/1996, § 2]
1. It shall be unlawful for a property owner, lessee of property or
a person otherwise occupying a premises within the 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 Police Department. It shall also be
unlawful for a property owner, lessee of property or a person otherwise
occupying a premises outside the Township to put into operation on
his premises an alarm device which terminates at the Police Department
headquarters or to allow such an alarm device to be put into operation
on his premises without first obtaining an alarm device permit from
the Police Department.
2. In order to apply for an alarm device permit, a person must submit
an application to the Police Department stating:
B. His home and business address and the telephone number 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.
G. 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 the Township/Police
Department that neither I(we), nor anyone claiming by, through or
under me(us) shall make any claim against the Township/Police Department,
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 cause by a forced entry to
said premises by employees of the Township/Police Department 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 said employees
the circumstances appear to warrant a forced entry."
The Police Department shall furnish forms which any person wishing
to apply for an alarm device permit shall submit with his application.
3. A person applying for an alarm permit for a telephone dialer alarm
device, local sounding device or an indirect alarm device shall submit
the required fee along with this application. The fee shall be fixed
pursuant to a resolution of the Pennridge Regional Police Commission.
4. The Police Department shall, within 30 weekdays 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.
5. An application for an alarm device permit may only be denied for
the following reasons:
A. The application submitted by the applicant does not comply with Subsections
2 or
3 of this section.
B. The applicant's alarm device does not conform to the operational standards set forth in §
13-103 if this Part.
6. Notwithstanding the language contained in Subsection
1 of this section, it shall not be unlawful for a person to continue to operate an alarm device on his premises without an alarm device permit for a period of 90 days after the effective date of this Part, provided that said alarm device was in operation on the effective date of this Part.
7. The Police Department 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 and
the reason or reasons why it has been revoked. Said written notice
shall be:
A. Delivered personally to the permit holder, in which case the revocation
shall be effective immediately upon delivery.
B. Mailed to the permit holder at his last known address by certified
mail, postage prepaid, in which case the revocation shall be effective
three days after mailing.
8. A 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 §
13-103 of this Part.
B. Failure of a permit holder to pay a false alarm charge assessed to him by the Police Department under the provisions of §
13-104 of this Part within 30 days of the mailing to him of a notice of the assessment of a false alarm charge.
C. The occurrence of more than 12 false alarms from an alarm device
during any calendar year.
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 Subsections
7 and
8 of this section may reapply for an alarm device permit 45 days after the effective date of such revocation; provided that, if 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 Police 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. 164, 7/16/1996, § 3]
1. 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.
2. 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.
3. All alarm devices shall meet the applicable standards of 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.
4. 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.
5. The alarm device must be maintained by the permit holder in good
repair to assure reliability of operation.
[Ord. 164, 7/16/1996, § 4]
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 the Police Department a charge
for each and every false alarm to which the Police and/or Fire Departments
respond, in each calendar year, pursuant to a schedule of charges
established by resolution of the Pennridge Regional Police Commission.
3. When a false alarm occurs, the Police Department, within 10 days
from the date of the false alarm, shall notify the permit holder of
the alarm device from which the false alarm charge is due 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 15 workdays
from the occurrence of a false alarm shall preclude the Township from
assessing a false alarm charge for said false alarm.
4. A false alarm charge shall be due and payable at the office of the
Police Department 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 §
13-102, Subsection
8, of this Part.
6. Failure of a person causing a false alarm, other than a permit holder, to pay a false alarm charge on or before the date due shall constitute a violation of this Part and shall subject said person to the penalties set forth in §
13-110 hereof.
[Ord. 164, 7/16/1996, § 5]
If the location of the headquarters of the Police Department
should change at any time, the Township shall not be responsible for
any cost incurred by permit holders or other persons because of said
change in location.
[Ord. 164, 7/16/1996, § 6]
No person shall conduct or test any alarm device without first
obtaining permission from the Police 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. 164, 7/16/1996, § 7]
The issuance of any permit shall not constitute acceptance by
the Police Department of any liability to maintain any equipment,
to answer alarms nor otherwise render the Police Department liable
to any person for any loss or damage relating to the alarm system
or procedure.
[Ord. 164, 7/16/1996, § 8]
1. Administration and enforcement of this Part shall be functions of
the Police Department 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
Police 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 the Police Department as a result of false alarms.
C. Authority, at reasonable times and upon written notice, to enter
upon any premises within the Township to inspect the installation
and operation of an alarm device.
[Ord. 164, 7/16/1996, § 9]
Whenever, under the provisions of this Part, the Police 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 Pennridge Regional Police Commission, whereupon the Board of Commissioners
shall promptly conduct a hearing within 30 days of the appeal petition
and affirm, modify or reverse the decision appealed from. The decision
of the Commission shall be subject to the appeal procedures pursuant
to the Local Agency Law.
[Ord. 164, 7/16/1996, § 10; as amended by Ord.
192, 4/18/2000]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a District Justice 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 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. East Rockhill hereby designates
and authorizes the Pennridge Regional Police Commission and Pennridge
Regional Police Department to enforce this Part when necessary in
the name of the Township and to collect all fines, costs and/or penalties
imposed for the use of the Department whenever required by the District
Justice.